K & A Engineering-2005-09 ENGINEERING
LAND PLANNING
Engineering,Inc. SURVEYING
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June 24,2005
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City of Grand Terrace + �` ;
Mr. Gary L. Koontz '
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22795 Barton Road juN 28 2005 1P)
Grand Terrace,CA 92313 9
pianiiintg/Community
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Dear Gary,
Thank you for meeting with Paul and me yesterday. I look forward to working with you and the
other city staff. K & A Engineering, Inc. has the resources and personnel available to provide
the services you requested.
Enclosed please find the Professional Services Agreement for the City's review and approval.
If you have any questions or need any additional information,please do not hesitate to call me at
(951)279-1800.
Sincerely,
K& ENGINEERING,INC.
Larry i ey,P.E.
Project Manager
f
M.\ProposaL\Public works\City of Grand Terrace\Letter with enclosed Professional Service Agreement 6-24-05.doc
357 Sheridan,Suite 117®Corona,California 92880-2029®Telephone 951-279 1800 FAX 951-279-4380®www.kaengineering.com
2811 La Mirada Drive,Suite A a Vista,California 92801-8407 0 Telephone 760-560-1191 m FAX 760-560-1194
ATTACHMENT A
K& A ENGINEERING,INC.
4 i
HOURLY RATE SCHEDULE FOR K&A ENGINEERING
OFFICE ENGINEERING: '
PRINCIPAL/DEPARTMENT HEAD $125
PROJECT MANAGER $110
PROJECT ENGINEER $100
DESIGN ENGINEER $ 90
DESIGNER $ 80
CADD TECHNICIAN $ 70
JR CADD TECHNICIAN $ 60
WORD AND DATA PROCESSING $ 50
FIELD ENGINEERING:
OFFICE SURVEYOR $100
ONE-PERSON SURVEY CREW $125
TWO-PERSON SURVEY CREW $165_
THREE-PERSON SURVEY CREW $185
These rates will remain in effect until December 31, 2005, at which time they may change.
Should rates change in January 1, 2006, the rates -will apply only to that portion of work
remaining to be completed after December 31, 2005. Contract limits, less amount invoiced prior
to December 31,2005 will be adjusted according to the new rates.
All out-of-pocket expenses, such as filing fees, printing and reproduction costs will be. extra.
These reimbursable will be invoiced at our cost plus 10%.
MAProposaL\Private\Hourly Rate expires 2004 1-21-04.doe
r
&A ENGINEERING, INC K&A Job No.
357 N.Sheridan Street,Suite 117
g Corona,.California'92880
PROFESSIONAL SERVICES•AGREEMENT
This AGREEMENT, made and entered into on. , by and between K&A Engineering, Inc, herein after referred to as"K&A",
and the Client identified herein, provides for the Professional Services described under Item 5 of this Agreement.
1. CLIENT: City of Grand Terrace
Address: 22795 Barton Road Grand Terrace CA 92313
Phone No: (909)776-0246 Contact: Gary Koontz
2. PROJECT TITLE: _ City Engineering Services
3. DESCRIPTION OF SERVICES: The following Professional Services shall be provided by K&A:
Consultant agrees to perform the following scope of services:
Provide engineering/surveying personnel to review tentative and final parcel maps, lot line adjustments, records of survey, plot
plans, street plans, drainage reports, and grading plans.. These reviews will include such deliverables, as: engineering
recommendations for conditions of approval to a planning application, redlined comments of street construction plans or grading
plans for compliance with adopted City standards, policies and specifications. Attendance at planning commission and/or council
meetings can also be provided.
4. COMPENSATION: The compensation to be paid K&A for providing the above noted services shall be as follows:
Client agrees to compensate Consultant for such services as follows:
Engineering Plan Check Services:
Time and materials at the rates listed on the attached charge rates schedule (Attachment A). The attached rates are for-straight
time only. If expedited plan checks are requited, the overtime hours will be charged at 1.5 times the rate schedule provided.
Planning commission meetings and city council meetings will be billed at the hourly rate schedule. Reimbursable costs will be
charged as outlined in the rate schedule as well.
5. INVOICE PROCEDURE: K & A shall submit invoices to the Client for work accomplished during each calendar month. For
services provided on a Lump Sum basis, the amount of each monthly invoice shall be determined by the "percentage of
completion method"whereby K&A will estimate the percentage of.the,total work (provided on a Lump Sum basis) accomplished
during the invoicing period. Monthly invoices shall include any charges for services for which time charges and/or unit costs shall
apply. Such invoices shall also include,separately listed, any charges for professional associates and reimbursable costs. Such
invoices shall be submitted by K&A as soon as possible afterthe end of the month in which the work was accomplished and shall
be due and payable by the Client upon receipt.
The Client,as owner or authorized agent for the owner, hereby agrees that payment as provided herein will be made for said work
within 30 days from the date the invoice for same.is mailed to the Client at the address set out herein or is otherwise delivered,
and, in default of such payment, hereby agrees to pay all costs of collection, including reasonable attorney's fees, regardless of
whether legal action is initiated. The Client hereby acknowledges that unpaid invoices shall accrue interest at 18% per annum
after they have been outstanding for over 30 days. K&A reserves the right to suspend all services on the Client's project without
notice if an invoice remains unpaid 60 days after date of invoice. The suspension shall remain in effect until all unpaid invoices
are paid in full.
It is understood and agreed that K&A's services under this Agreement do not include participation,whatsoever, in any litigation.
Should such services be required, a supplemental agreement may be negotiated between the Client and K & A describing the
services desired and providing a basis for compensation to K&A.
6. REIMBURSABLE COSTS: Reimbursable costs shall include all out-of-pocket expenses with are necessary to complete the
services identified herein, the cost of which all be charged as actual costs plus an administrative charge of 15% and shall be
itemized and included in the invoice
Typical out-of-pocket expenses shall include, but not be limited to, courier,services, printing and reproduction costs, out of town
travel expenses(lodging,meals,etc)and filing fees.
7. OTHER.CLIENT COSTS: Client shall pay the costs of checking and inspection fees, zoning and annexation application fees,,
assessment:fees, soils engineering fees,,soils testing fees, aerial topography fees, and all other fees, permits, bond premiums,
title company changes, blueprints and reproductions, and all other charges not specifically covered by the terms of this
agreement.
fl_ AnnITIANAI +h-+ if riio.,+ ..-_.-_.
PROFESSIONAL SERVICES AGREEMENT(CONT)
F K&A Engineering,Inc,and City of Grand Terrace ; Short Description:
Page 2 of 2
S -
9. SUSPENSION, TERMINATION, CANCELLATION OR ABANDONMENT: In the event the project described herein or the
services of K & A called for under this Agreement, is/are suspended, cancelled, terminated or abandoned by the Client, K & A
shall be given seven (7)days prior written notice,of such action and shall be compensated for the professional services provided
up to the date of suspension,termination, cancellation or abandonment in accordance with the provisions of this Agreement for all
work performed up to the date of suspension,termination,cancellation or abandonment, including reimbursable expenses.
"r
10 DOCUMENTS: All documents and plans that result from K&A's services under this Agreement are and remain the property of
K&A as instruments of service. Where such documents are required to be filed with governmental agencies, K&A will furnish
copies to the Client upon request. Any unapproved use or modification. shall be at Client's or others'sole risk without liability or
legal exposure to K&A unless approved in writing by K&A prior to such reuse.
11. INSURANCE: K&A shall at all times carry worker's compensation insurance, public liability and property damage insurance and
automotive public liability and property damage insurance.
12. LIMIT OF LIABILITY: The limit of liability K &A to the Client for any cause or combination of causes shall be,.in total amount
limited'to the fees paid under this Agreement.
13. MEDIATION: If a dispute arises out of or relates to this Agreement,,or the breach thereof, and if said dispute cannot be settled
through direct discussion.between the parties,then the parties agree to first endeavor to settle the dispute in an amicable manner
by mediation before having recourse to arbitration or a judicial forum. The parties mutually agree that a similar dispute•resolution
clause will be contained .in all other contracts executed by Client concerning or related to this contract and all subcontracts
executed by K&A.
14. COST ESTIIMATES: Client hereby acknowledges that K&A cannot warrant that any cost estimates provided by K&A will not
vary from actual costs incurred by the Client.
15. PERMITTING: In cases where the scope of services requires K&A to submit, on behalf of the Client, a permit application and/or
approval by a third party to this contract, K&A does not make any warranties,guarantees or representations as to the success of
our effort on behalf of the Client. Payment for services rendered by K &A is not contingent upon the successful acquisition of
these permits.
16. CONSTRUCTION SERVICES: If, under this Agreement, professional_services are provided during the construction phase of the
project, K & A shall not be responsible for or have control over means, methods, techniques, sequences, or procedures,,or for
safety precautions and programs in connection with the work; nor shall K&A be responsible for the Contractor's failure to carry
out the work in accordance with the Contract Documents or for Contractor's failure to comply with applicable laws, ordinances,
rules or regulations.
17. HAZARDOUS WASTES, MATERIALS OR SUBSTANCES: Unless otherwise specifically provided in this agreement, K&A shall
not be,responsible for or have control over the discovery, presence, handling, removal,transport or disposal of hazardous waster,
materials or substance in any form on the project site. -
18. GOVERNING LAW: This agreement shall be governed by and construed according to the.laws of the State where the situs of the
work is located.
19. SEVERABILITY: If any term, condition, or covenant of the Agreement is held by a court to be invalid, void, or enforceable, the
remaining provisions of this Agreement shall be valid and binding on Client and K&A.
20. WAIVER: Any failure by K & A to require strict compliance with any provision of this Agreement shall not be construed as a
waiver of such provision,and K&A may subsequently require strict compliance at any time, notwithstanding any prior failure to do
SO.
21. ASSIGNMENT: Neither the Client nor K&A will assign or transfer its interest in this Agreement without the written consent of the
other. '
22. ENTIRETY OF AGREEMENT: This writing embodies the entire Agreement and understanding between the parties hereto, and
there are no other agreements and understanding,oral or written,with reference to the subject matter!hereof that are not merged
herein and superseded hereby. No alteration,change or modification of the terms of the Agreement shall be valid unless made in
writing,signed by both parties hereto.
23. ADDITIONAL TERMS AND CONDITIONS: The Client and K&A agree to the additional terms and conditions as attached hereto
as Attachment C,if applicable.
ATTACHMENTS�(if required): A—Rate Schedule
IN WITNESS WHEREOF, this AGREEMENT is accepted on the later date written below, subject to the terms and
conditions above stated and the provisions set forth he
FOR CLIENT K&A ENGINEERING, INC