Loading...
HomeMy WebLinkAboutD & J Engineering - 3/1/1996CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of _January 16.1996 by and between the City of Diamond Bar, a municipal corporation ("City") and D & J Engineerine, ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A." B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A." B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "A." 2. Term of Agreement. This Contract shall take effect March 1. 1996, and shall continue until the Notice of Completion is filed for Phase II Maule Hill Park ADA R tro fit project, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "A." Payment will be made only after submission of proper monthly invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed Four Thousand Two Hundred and FiftX dollars ($ 4.2501. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager Consultant: Dennis Tarango City of Diamond Bar D & J Engineering 21660 East Copley Drive 556 N. Diamond Bar Blvd. Suite 100 #304 Diamond Bar, California 91765-4177 Diamond Bar, CA 91765 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control 950525 10572-00001 11j/adl 1092677 4 over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents g or employees are in any manner agents or employees of City. xes on amounts paid to tant B. Consultant agrees to pay all City harms a from any and all taxes, assessments, under this Agreement, and to indemnify and hold C y e penalties, and interest asserted against City by reaso edited by Jany Federal orrState agency regarding created egp created by this Agreement. In the event that City is ails to sustain the validity of the independent contractor status of Consultant and the t dna Co sultantany way a then Consultant agrees to a wholly independent contractor relationship between y reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding nify and hold City Consultant and Consultant's employees. Consultant further a pl'► able worker's to s compensation laws. City P harmless from any failure of Consultant to Comply Y nt shall have the right to offset against the amount result of Consultant's failurf any fees due to e to promptly pay to Cit any amount due to City from Consultant as a render this Section 6. any reimbursement or indemnification arising 7, Standard of Performance. Consultant shall perform all work to the hig est City or the professional standards and in a manner reasonably satisfactoryto the Cit Manage Manager's designee. 8. Indemnification. Consultant is skilled in A the preement,land City is relying upon theal cal I ling necessary to the services and duties agreed to be performed under thisg permitted 1 cost and expense, to defend, protect, indemnify, and hold skill and knowledge of Consultant to perform so a those services and duties. To the fullest eaten by law, Consultant hereby agrees, at its harmless the City of Diamond Bar and its elected officials, of s )from and againcers, attorneys, a st any and all volunteers, successors, and assigns (collectively proceedings, expenses, emands, causes of sses of any damages, costs, expenses, liabilities, claims, dnature whatsoever,�includ ng fees of accountants, judgments, penalties, liens, and lo attorneys, or other professionals and all costs assresulting therewith, or related to any act failure to act, directly or indirectly, out of, in connection with, to ees, subcontractors, error, or omission of Consultant or any of its servantsor employees, ants, servants, rising or claimed to arise, materialmen, suppliers or their officers, agents, directly or indirectly, out of, in connection with,esulgove antror conditionhof the Agreement Agreement, e performance or failure to perform any term, provision, rovision ai effective regardless of any prior, including this indemnity provision. This indemnity p concurrent, or subsequent active or passive negligence h s indemnity provisionIndemnitees and ashall survive thll operate to indemnify Indemnitees against any such negligence termination of the Agreement and is in addition to as a condition precedent ny other rights or to an In�demn ee'slright to may have under the law. Payment is not required a recover under this indemnity provision, and an entry of judgment against an Indenity sione Consultant nit conclusive in favor of the Indenttornes right fees and co is incurr d in enforcing g his indemnification shall pay Indemnitees for any Y provision. Notwithstanding the foregoing, nothing iscondu t tothis the limited ext nt hat the underlying encompass (a) Indemnitees' sole negligence d willful m This indemnity Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). Page'2 9511525 10572-00001 JsJlsdl 1092677 4 is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Consultant regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad-form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and ommissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, automotive liability, and worker's compensation coverages. The policy (ies) as to comprehensive general liability, property damage, authomobile liability, and professional liability shall providethat they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. Consultant agrees that if it does not keep the insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurance may be deducted, at the option of City, from payments due Consultant. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement". 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, 95052510572-00001 bj/sd110926774 Page 3 documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Financial Condition. Prior to entering into this Agreement, Consultant has submitted documentation acceptable to the City Manager, establishing that it is financially solvent, such that it can reasonably be expected to perform the services required by this Agreement. Within thirty (30) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement, Consultant shall submit such financial information as may be appropriate to establish to the satisfaction of the City Manager that Consultant is in at least as sound a financial position as was the case prior to entering into this Agreement. Financial information submitted to the City Manager shall be returned to Consultant after review and shall not be retained by City. 950525 10572-00001 Isjhdl 1092677 4 Page 4 16. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 17. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 18. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 19. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 20. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 21. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 950525 10572-00001 18j/ed1 1092677 4 Page 5 22. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 23. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 26. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "CITY" ATTEST: By: City Clerk Approved as to form: � 1 B City Attorne CITY OF DIAMOND BAR By: Mayor "CONSULTANT" By jL Its: 95052510572-00001 hj/sd110926774 Page 6 Exhibit °A" RECEIVED 95 DEC 29 AM 8-- 52 DIAhoND BAR COMMUNITY SERYICES D & J ENGINEERING PROPOSAL TO THE CITY OF DIAMOND BAR TO PROVIDE CONTINUOUS INSPECTION OF PHASE II MAPLE HILL PARK PROJECT PRESENTED DECEMBER 279 1995 D & J ENGINEERING 556 A" !ie me Xam4va4d #304 'te" a� WRd ,Va2, Wiut [a 97765 (909) J96 o" YAo" (909) Y9c,7"6!3,& December 27, 1995 Mr. Terrence Belanger City Manager 21660 E. Copley Drive Diamond Bar, CA 91765 RE: Proposal to provide continuous inspection of Maple Hill A.D.A. retrofit Phase I1 project. Dear Mr. Belanger: D&J ENGINEERING is pleased to submit this proposal to the City of Diamond Bar to provide continuous inspection of Maple Hill Park Phase ll. DW ENGINEERING is a dynamic company which brings together the talents of its two principals, Joseph F. Buzzone, P.E. and Dennis A. Tarango, C.B.O., who have over fifty years of experience in providing municipal engineering, plan check, inspection and administrative service to numerous cities. Mr. Buzzone has extensive engineering experience in both the private and public sectors, including twelve years as plan check engineer with the City of Long Beach. Mr. Tarango has over ten years administrative experience as Building Official for both the Cities of San Marino and Diamond Bar. He has also served as interim Community Development Director for the City of Diamond Bar. Previously, Mr. Tarango provided building inspection for the Cities of Arcadia and Pico Rivera. DW ENGINEERING was formed to assist local municipalities in meeting the overwhelming demands of today's fluctuating construction trends. The firm is sensitive to the budgetary constraints placed on local government during these difficult times. Their goal is to offer high-quality professional services at a competitive fee structure. D&J ENGINEERING has designated Mr. Mike Scarpelli as the on-site inspector. He has over five years of building and safety experience. D&J ENGINEERING indemnifies its clients by maintaining one -million dollars liability and professional liability (errors and omissions). We appreciate the opportunity to offer this proposal to the City of Diamond Bar, and look forward to serving your engineering needs. Sincerely, Dennis A. Tarango, C.B.O. D&J Engineering 2 SCOPE OF SERVICES The Scope of Services shall include: • Provide continuous inspection for the life of the project, which is projected to be approximately sixty (60) calendar days, totalling eighty-five (85) hours. • Provide a minimum of two hours per day of inspection to insure quality control, and to insure timely completion of project. • Represent the City at contractor and designer meetings. • Provide and submit daily reports to the project manager. • Review all change orders for recommendation or denial. • Insure that project meets approved job specifications. • Attend pre -construction meetings. • Attend final walk-through, and provide written recommendations on the acceptance of the project. • Review contractor's prepared as -built drawings on mylar after the completion of project construction, and submit said drawings to the City of Diamond Bar. i� SCHEDULE OF FEES The inspection services as described under "Scope of Services" shall be provided to the City of Diamond Bar by D&J Engineering at the rate of $50.00 per hour, with a minimum of two (2) hours per requested inspection. Inspections performed outside the regular hours of 8:00 a.m. and 5:00 p.m. shall be charged a rate of 1.5 times the regular rate. Total billing of project not to exceed $4,250.00. 4 EXHIBIT "A" EFFECTIVE HOURLY RATES AND OTHER FEES Principal-in-charge/City Engineer ................................ $95.00 Registered Engineer ........................................ $85.00 Senior Designer Contract Administrator ...................................... $75.00 Junior Engineer Draftperson............................................. $60.00 Senior Construction Inspector .................................. $50.00 Clerical & Delivery Services .................................. $35.00 Prints, research material and other incidental supplies ................................. Cost + 10 % 5 ACORP, CERTIFI'CATF OF LIABILITY INSURANCE CSR DV DATE(MMfDD/YY) DANDJ-1 06/28/96 PRODUCER THIS CERTIFICATE IS-_.lUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ACEC/Marsh & McLennan HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 10 South Broadway ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. St. Louis MO 63102 COMPANIES AFFORDING COVERAGE COMPANY A Hartford Insurance Company Phone No. 800-648-7631 F..N..3114.71521-3173 _ _ _- - --- - _—_-- INSURED COMPANY B D & J Engineering, COMPANY Mr. Dennis Tarango C 556 N. Diamond Bar Blvd. #301 ~ Diamond Bar CA 91765 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER LIMITS LTR DATE (MM/DD/YY) DATE (MM/DD/YYI GENERAL LIABILITY GENERAL AGGREGATE $ 2000000 A $ COMMERCIAL GENERAL LIABILITY 84SBKEI3257 11/01/95 ll/01/96 PRODUCTS - COMP/OP AGG 52000000 CLAIMS MADE CC., OCCUR PERSONAL & ADV INJURY $ 1000000 EACH OCCURRENCE $ 1000000 OWNER'S & CONTRACTOR'S PROT 'I FIRE DAMAGE (Any one fire) 5300000 MED EXP (Any one person) $ 10000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 A ANY AUTO 11/01/95 11/01/96 ALL OWNED AUTOS � BODILY INJURY S SCHEDULED AUTOS (Per person) X HIRED AUTOS 84SBKEI3257 BODILY INJURY $ $ NON -OWNED AUTOS !. (Per accident) PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE S EXCESS LIABILITY !, EACH OCCURRENCE S AGGREGATE S UMBRELLA FORM '!I $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND WC STATU- OTH TORY LIMITS ER EMPLOYERS' LIABILITY EL EACH ACCIDENT S THE PROPRIETOR/ INCL EL DISEASE - POLICY LIMIT S PARTNERS/EXECUTIVE EL DISEASE - EA EMPLOYEE S OFFICERS ARE: EXCL OTHER I II I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS A WAIVER OF SUBROGATION IS INCLUDED IN FAVOR OF THE ADDITIONAL INSURED (PER THE ATTACHED CG2010 FORM) CERTIFICATE FOLDER CANCELLATION CITYDIA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, CITY OF DIAMOND BAR BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 21660 E. COPLEY DR., STE . 100 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRE IVE DIAMOND BAR CA 91765-4177 ACORD 25-S; 11/95) ©ACORD CORPORATION1988 POLICY NUMBER: 84SBKE13257 COMMI_ ,IAL GENERAL LIABILITY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF DIAMOND BAR, ITS ELECTED OFFICIALS, OFFICERS, ATTORNEYS, AGENTS, EMPLOYEES AND VOLUNTEERS (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. THIS COVERAGE IS PRIMARY AND NOT CONTRIBUTORY TO ANY INSURANCE MAINTAINED BY THE ABOVE ADDITIONAL INSURED. CG 20 10 11 85 Copyright Insurance Services Office, Inc., 1984 Exhibit "A" RECEIVE 95 GEC 29 DIAMOND BAR D & J ENGINEERING PROPOSAL TO THE CITY OF DIAMOND BAR TO PROVIDE CONTINUOUS INSPECTION OF PHASE 11 MAPLE HILL PARK PROJECT PRESENTED DECEMBER 27, 1995 D & J ENGINEERING 5,56 Aot& xwleya4d #30-10 &a-- X0, %64&ost;% -91765 690,9) j96 -an YAmw (sog) 3.96-7634 Wax December 27, 1995 Mr. Terrence Belanger City Manager 21660 E. Copley Drive Diamond Bar, CA 91765 RE: Proposal to provide continuous inspection of Maple Hill A.D.A. retrofit Phase 11 project. Dear Mr. Belanger: DW ENGINEERING is pleased to submit this proposal to the City of Diamond Bar to provide continuous inspection of Maple Hill Park Phase 11. DW ENGINEERING is a dynamic company which brings together the talents of its two principals, Joseph F. Buzzone, P.E. and Dennis A. Tarango, C.B.O., who have over fifty years of experience in providing municipal engineering, plan check, inspection and administrative service to numerous cities. Mr. Buzzone has extensive engineering experience in both the private and public sectors, including twelve years as plan check engineer with the City of Long Beach. Mr. Tarango has over ten years administrative experience as Building Official for both the Cities of San Marino and Diamond Bar. He has also served as interim Community Development Director for the City of Diamond Bar. Previously, Mr. Tarango provided building inspection for the Cities of Arcadia and Pico Rivera. DU ENGINEERING was formed to assist local municipalities in meeting the overwhelming demands of today's fluctuating construction trends. The firm is sensitive to the budgetary constraints placed on local government during these difficult times. Their goal is to offer high-quality professional services at a competitive fee structure. D&J ENGINEERING has designated Mr. Mike Scarpelli as the on-site inspector. He has over five years of building and safety experience. D&J ENGINEERING indemnifies its clients by maintaining one -million dollars liability and professional liability (errors and omissions). We appreciate the opportunity to offer this proposal to the City of Diamond Bar, and look forward to serving your engineering needs. Sincerel Dennis A. Tarango, 2 SCOPE OF SERVICES The Scope of Services shall Provide continuous inspection for the life of the project, which is projected to be approximately sixty (60) Provide a minimum of two hours per day of inspection to insure quality control, and to insure timely completion Represent the City at contractor and designer meetings. Provide and submit daily reports to the project manager. Review all change orders for recommendation or denial. Insure that project meets approved job specifications. Attend pre -construction meetings. Attend final walk-through, and provide written recommendations Review contractor's prepared as -built drawings on mylar after the completion of project construction, and submit said 3 SCHEDULE OF FEES The inspection services as described under "Scope of Services" shall be provided to the City of Diamond Bar by D&J Engineering at the rate of $50.00 per hour, with a minimum of two (2) hours per requested inspection. Inspections performed outside the Total billing of project not to exceed 51 EXHIBIT "Alt EFFECTIVE HOURLY RATES AND OTHER FEES Principal- in-charge/C ity Engineer ................................ $95.00 Registered Engineer ........................................ $85.00 Senior Designer Junior Engineer Senior Construction Inspector .................................. $50.00 Clerical & Delivery Services .................................. $35.00 Prints, research material and 5