HomeMy WebLinkAboutK & A Engineering, Inc.-2007-25 g-I-C-2U51 95
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K&A"ENGINEERING, INC K&A Job No.
357 N.Sheridan Street, Suite 117
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: Grand Terrace Retail Center
3. DESCRIPTION OF SERVICES: The following Professional Services shall be provided by K&A:
See Attached
4. COMPENSATION: The compensation to be paid K&A for providing the above noted services shall be as follows:
See Attached
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 after the 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.
8. ADDITIONAL SERVICES: Client agrees that if Client requests services not specified pursuant to the scope of services
description within this agreement,Client agrees to pay for all such additional services as extra work.
W APmRvional W cumema\mhrrional Services Agreement for City of Grad Tcmam l o-1 I-07 doe
PROFESSIONAL SERVICES AGREEMENT(CONT)
' K&A engineering,Inc.and City of Grand Terrace Short Description: Grand Terrance Retail Center
Page 2 of 2
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.
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 fumish
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 workers 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 Contractors 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 herein.
FOR CLIENT
K&A ENGINEERING, INC /1�l
SIGNED: ( i7�C�Gf� SIGNED: ��
Authorized Agent
TYPED NAME: Thomas Schwab TYPED NAME: Keith Osborn
TITLE: City Manager TITLE: Principal
DATE: 11-/'Q7 DATE: 11-5- 07
Note: Client to execute and return to K&A, K&A will remit executed copy.
W Prof ssiona Documents wProfessional Services Agreement for City oraand Terrace 10.31.01 doe
Mr.Thomas Schwab
November 1, 2007 Grand Terrace Retail Center
Page 2
SCOPE OF SERVICES
The Scope of Services, subject to City approval, shall consist of the following professional
services:
PHASE 1 -BASE MAPPING
A. Project Boundary
Review the preliminary title reports provided by the City to determine extent of
project area. Compile the available boundary information and record data to
prepare a paper boundary of the project area. Perform field boundary survey of
the subject properties to locate existing monumentation as necessary to establish a
preliminary boundary for the project site.
B. Aerial Topographic Survey
Review existing aerial topographic mapping provided by the City for any major
discrepancies. Coordinate and locate the preliminary project boundary on the
existing topographic mapping.
C. Utility Research
Review the utility information provided by the City. This includes electric,
telephone, natural gas, CATV, sewer, water, storm drain facilities, and the
Riverside Canal. Contact the individual utility companies or public agencies to
verify and update location and sizes of existing facilities.
D. Constraint Map
Review the preliminary title reports, including the title exception documents,
provided by the City for utility, roadway, railroad, and other Rights of Way.
Prepare an updated Constraint Map showing the entire project boundary,
topography, pertinent Rights of Way, easements of record, and utility locations
and sizes. The map will also include environmental constraint information as
provided by other consultants.
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Mr.Thomas Schwab
November 1, 2007 Grand Terrace Retail Center
Page 3
BASIS OF UNDERSTANDING, ASSUMPTIONS AND EXCLUSIONS
In order to arrive at the Scope of Services and quantify our fee for this work, we have made
several assumptions. Please review these for conformance with your plans. We would be
pleased to revise these, if necessary,to meet your objectives. Our assumptions are as follows:
1. Items not specified in the foregoing scope of work shall be provided on a time and
materials basis, using the hourly rates defined in the attached billing schedule of this fee
proposal. Prior to the commencement of work we shall negotiate any additional fees for
the services, which may be requested by the Client or required by the government
agencies.
2. Due to the complexity and size of this project and based on our experiences in the past of
this type of project, the scope of service as we described in this proposal is subject to
changes and/or modification by the governmental agencies, client and/or physical
constraint for the site. There are also many unexpected components for this kind of
projects which we are not able to identify in the scope of services. Client and consultant
agree that additional services are anticipated and fees associated with these tasks shall be
negotiated prior to commencement of the services.
3. We have assumed that the client shall put together a team of professional consultants
including K &A Engineering, Inc as the civil engineer, a planning consultant firm, a
traffic engineer, a title company, several environmental consultants, landscape architect,
and a qualified geotechnical engineer.
4. We have assumed that the above noted consultants shall assist in providing relevant cost
estimates, including fees, when needed. We recommend that a utility consultant also be
hired to provide accurate cost estimated for dry utilities during the preliminary
engineering phase.
5. We have assumed that all necessary title reports (including supporting documents),
previously prepared soils reports, hydrology reports, environmental studies, traffic
studies, and landscape concept plans will be provided by others in a timely manner.
6. All fees required by any governmental agencies shall be borne by the Developer.
7. We have assumed that the project geotechnical report shall address and establish the
location of fault zones and shall include detailed information as to the location, extent
and quantities of required remedial grading.
8. The scope of work and related engineering fees proposed for the preparation of the
preliminary master plans and reports is based upon the assumption that the site plan has
been reviewed and approved by the client. If subsequent significant changes to the
approved site plan, and related grading, are made, then significant changes may be
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Mr.Thomas Schwab
November 1,2007 Grand Terrace Retail Center
Page 4
required to be made to the preliminary master plans and therefore to the related
engineering fees.
9. The fees associated with each task are for budget purposes only. Any substantial changes
and/or modification to the preliminary site plan made by the client or its consultant or
County Staff during their review may require additional fees, which shall be negotiated
prior to commencement of the additional services.
All of the preliminary master plans shall be prepared based upon meetings with the
appropriate agencies and districts. However, these master plans will not be submitted
to, or processed with, any governmental agency for approval. These master plans
shall be utilized to provide information for accurate infrastructure and site planning
purposes, Specific Plan and EIR preparation and processing, and determining
preliminary construction cost data.
12. This proposal does not include any assistance in providing service to the client and/or its
consultants for formation of the special assessment district and/or a CFD. Additional fees
shall be required to prepare exhibits, legal description, etc. in order for formation of the
district.
13. Preparation of final engineering documents for off-site improvements and/or on-site
improvements for approval by the City or other governing agencies is not part of this fee
proposal.
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Mr.Thomas Schwab
November 1,2007 Grand Terrace Retail Center
Page 5
FEE PROPOSAL
The proposed services as detailed in the in the Scope of Services shall be provided based upon
the hours spent on the project and billed at the hourly rates listed below. For budget purposes,
we have estimated the fee for each item of service. The total fee for the listed service shall not
be exceeded without prior authorization from the client.
PHASE 1 -BASE MAPPING
A. Project Boundary $16,100
B. Aerial Topographic Survey $ 7,100
C. Utility Research $ 7,500
C. Constraint Map $ 9,600
Subtotal $40,300
TOTAL PHASE 1 ESTIMATED FEE $ 40,300
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Mr.Thomas Schwab
November 1,2007 Grand Terrace Retail Center
Page 6
K& A ENGINEERING, INC.HOURLY RATE SCHEDULE
OFFICE ENGINEERING:
PRINCIPAL/DEPARTMENT HEAD $150
PROJECT MANAGER $140
PROJECT ENGINEER $120
DESIGN ENGINEER $100
DESIGNER $ 95
CADD TECHNICIAN $ 85
JR CADD TECHNICIAN $ 75
WORD AND DATA PROCESSING $ 70
FIELD ENGINEERING:
OFFICE SURVEYOR $125
ONE-PERSON SURVEY CREW $130
TWO-PERSON SURVEY CREW $190
THREE-PERSON SURVEY CREW $225
These rates will remain in effect until June 30, 2008, at which time they may change. Should
rates change in July 1, 2008, the rates will apply only to that portion of work remaining to be
completed after June 30, 2008. Contract limits, less amount invoiced prior to June 30, 2008 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 15%.
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