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CONTRACT 6315 Professional Services Agreement CLOSEDAgreement No. 6315 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND WESTBERG WHITE ARCHITECTURE This AGREEMENT is made and entered into this 16t" day of March, 2022, by and between the CITY OF EL SEGUNDO, a municipal corporation and general law city ("CITY") and WESTBERG WHITE ARCHITECTURE, a California corporation ("CONSULTANT"). The parties agree as follows: 1. CONSIDERATION. A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed Seventy-five thousand dollars ($75,000.00) for CONSULTANT's services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit "A," which is incorporated by reference. 2. SCOPE OF SERVICES, A. CONSULTANT will perform services listed in the attached Exhibit "A," which is incorporated by reference. B. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. 3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT. City of El Segundo Professional Services (REV 2018.05) Page 1 of 11 Agreement No. 6315 4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit "A") the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date. 5. NON -APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year. 6. FAMILIARITY WITH WORK. A. By executing this Agreement, CONSULTANT agrees that it has: Carefully investigated and considered the scope of services to be performed; Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY. 7. TERM. The term of this Agreement will be from March 16, 2022, to June 30, 2023. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: A. Completion of the work specified in Exhibit "A"; B. Termination as stated in Section 15. City of El Segundo Professional Services (REV 2018.05) Page 2 of 11 Agreement No. 6315 8. TIME FOR PERFORMANCE. A. CONSULTANT will not perform any work under this Agreement until: CONSULTANT furnishes proof of insurance as required under Section 22 of this Agreement; and CITY gives CONSULTANT a written notice to proceed. B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT's own risk. 9. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT's control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within forty- eight (48) hours, in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement's schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services. 10. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below: A. Exhibit: A: Scope of Work and Fee Schedule 11. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 12.TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. 13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 14. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant, City of El Segundo Professional Services (REV 2018.05) Page 3 of 11 Agreement No. 6315 or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 15.TERMINATION.. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. B. CONSULTANT may terminate this Agreement at any time with CITY's mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date. C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT's own cost; CITY will not be obligated to compensate CONSULTANT for such work. D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY's option, become CITY's property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C). E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 16.OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY's property. CONSULTANT may retain copies of said documents and materials as desired but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY's own risk. 17. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY's prior written approval. All press releases, City of El Segundo Professional Services (REV 2018.05) Page 4 of 11 Agreement No. 6315 including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties. 18.INDEMNIFICATION. A. CONSULTANT agrees to the following: L Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY's request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT's officers, agents, employees, or representatives, in the performance of this Agreement, except for such loss or damage arising from CITY's sole negligence or willful misconduct. ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from CITY's sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, and certified volunteers. C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 22, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by City of El Segundo Professional Services (REV 2018.05) Page 5 of 11 Agreement No. 6315 CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. MASSIGNABILITY. This Agreement is for CONSULTANT'S professional services. CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void. 20.INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which it is performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 21.AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement. 22.INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Commercial general liability: Professional Liability Business automobile liability Workers compensation Limits $2,000,000 $1,000,000 $1,000,000 Statutory requirement B. Commercial general liability insurance will meet or exceed the requirements of the most recent ISO-CGL Form. The amount of insurance set forth above City of El Segundo Professional Services (REV 2018.05) Page 6 of 11 Agreement No. 6315 will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY. C. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT's expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 155. 23. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation. 24.INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update. City of El Segundo Professional Services (REV 2018.05) Page 7 of 11 Agreement No. 6315 25. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: If to CONSULTANT: Westberg White Architecture 14471 Chambers Road, Suite 210 Tustin, CA 92780-6964 Attention: Gregory G. Beard Phone: 714-508-1780 Email: gbeard@wwarch.com If to CITY: City of El Segundo 350 Main Street El Segundo, CA Attention: Elias Sassoon Phone: 310-524-2356 Email: esassoon@elsegundo.org Any such written communications by mail will be con( received by the addressee upon deposit thereof in tl- prepaid and properly addressed as noted above. In all deemed given at the time of actual delivery. Changes addresses of persons to whom notices are to be given prescribed in this paragraph. lusively deemed to have been a United States Mail, postage other instances, notices will be may be made in the names or by giving notice in the manner 26.CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. 27. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. 28.THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or CITY's obligations under this Agreement. 29.INTERPRETATION. This Agreement was drafted in and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 30. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement. City of El Segundo Professional Services (REV 2018.05) Page 8 of 11 Agreement No. 6315 31. ENTIRE AGREEMENT. This Agreement, and its Exhibit(s), sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 32. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 33. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 34.AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. 35.ACCEPTANCE OF ELECTRONIC SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic (.pdf) or facsimile transmission. Such electronic or facsimile signature will be treated in all respects as having the same effect as an original signature. 36. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 37.TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 38. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' reasonable control, then the Agreement will immediately terminate without obligation of either party to the other. 39. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with City of El Segundo Professional Services (REV 2018.05) Page 9 of 11 Agreement No. 6315 private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY. [Signatures on next page] City of El Segundo Professional Services (REV 2018.05) Page 10 of 11 Agreement No. 6315 IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first hereinabove written. r, MFE G' 'NDO Darrell George, Interim City Manager ATTEST: Trac aver, Y City Clerk APPROVED AS TO FORM: (�L ...- Ma D. Hensley, Cit Attorney h kQv, I / City of El Segundo Professional Services (REV 2018.05) Page 11 of 11 Principal, Director of Operations Agreement No. 6315 V 'r 04 EXHIBIT A architecture westbergwhite February 16, 2022 City of El Segundo Public Works Department 350 Main Street El Segundo, CA 90245 Attn: Cheryl Ebert PE, Project Manager Re: Architectural & Engineering Consulting Services for Urho Saari Swim Stadium (The Plunge) Dear Cheryl, Westberg White Architecture is pleased to provide our proposal for Architectural and Engineering consulting support for The Plunge project. We understand the City would like Westberg White Architecture and our consulting engineers to assist with the renovation of the building by participating as a consultant to the Public Works Department. Through your direction, we will provide a supporting role on the project during the programming and design phases of the project and will be available during the construction phase if requested. We will make ourselves available throughout the project development as needed to help ensure the project meets the City's design and equipment standards and project goals. We understand this will also include constructability reviews of the awarded Project Architect's plans. We recommend these constructability reviews happen at the end of the planning phase to ensure scope is confirmed and it relates to the existing conditions and the conditions assessment report developed by the Project Architect. This is a very important process as this will identify any cost impact areas that could affect the City's project budget. Other recommended constructability reviews would be at the end of Design Development to cross reference with the programming information and how existing challenges are proposed to be addressed and lastly a review prior to submitting plans for City plan check review. We understand this will be an hourly as need support service to the City so we will collaborate with you on an ongoing basis expedite our teams services accordingly. A helpful tool to help us support you the best is to augment the Project Architect's project schedule with milestones and constructability review times so the entire team is accountable to meet your expectations. We enclosed hourly rate schedules with this proposal for your use and file. It's our understanding that our requested professional services will be Hourly Not -To —Exceed amount of $75,000. Tustin I San Diego 14471 Chambers Road, Suite 210 Tustin, CA 92780.6964 T 714.508,1780 F 714,508.1790 www.wwarch.com Cheryl, if you are in agreement with the information above, we will then look forward to receiving an agreement from the City for us to sign. Please don't hesitate to call me if you have any questions or need further information. Westberg White Architecture and our consultant team look forward to working alongside you and your colleagues and sharing in your success with this endeavor. Sincerely, Westberg White Architecture Gregory G. Beard Principal, Director of Operations Cc: Paul Westberg, WWA Tustin i San Diego 14471 Chambers Road, Suite 210 Tustin, CA 92780-6964 T 714.508.1780 F 714.508,1790 www.wwarch.com ATTACHMENT 1 PROFESSIONAL SERVICES AGREEMENT Between the Client: City of El Segundo Public Works Department 350 Main Street El Segundo, CA 90245 and the Architect: Westberg White Architecture 14471 Chambers Rd. Suite 210 Tustin, CA 92780 Location: Paul Westberg AIA, Managing Partner License #C11045 Public Works Department / Saari Swim Stadium Scope of Work: Architectural & Engineering Consulting Services for Urho Saari Swim Stadium (The Plunge) as stated in letter dated February 16, 2022 Reimbursable Expenses: Reimbursable Expenses are in addition to the fee and include those expenses incurred in the interest of the project. They include project -related travel (mileage and auto expenses); printing, plotting and reprographic costs, postage and delivery charges. These expenses will be compensated at 1.10 times the amounts invoiced to the Architect. We suggest the City budget an estimated $2,000.00 for these project -related expenses. Compensation: Architect: Westberg White Architecture By: Gregory G. Beard Principal, Director of Operations Date: February 16 2022 Hourly Not -To —Exceed amount of $75,000 Tustin I San Diego 14471 Chambers Road, Suite 210 Tustin, CA 92780-6964 T 714.508.1780 F 714.508.1790 www.wwarch.com HOURLY Y FEE SCHEDULE 2022 �rdiif�irk`Stvjcs Personnel Classification Rate Principal -In Charge $230.00 Project Manage $195.00 Sr. Project Architect $155.00 Sr. Designer $130.00 Project Architect $130.00 Sr. Job Captain $120.00 Construction Administrator 1 $120.00 Specification Writer $120.00 Job Captain $115.00 Staff Designer/Planner $100.00 Senior Draftsman $100.00 Construction Administrator II $85.00 Intermediate Drafts erson $85.00 Junior Draftsperson $75.00 Administrative Support $75.00 Services provided by engineering and special consultants assigned to the project, and other reimbursable expenses shall be charged at one and one -tenth (1.10) times the amount billed to Westberg + White, Inc. These are the current rates effective January 1, 2022 through December 31, 2022. Hourly fee rates are subject to change annually. Tustin I San Diego I Riverside 14471 Chambers Road, Suite 210 Tustin, CA 92780-6964 T 714.508.1780 F 714.508.1790 www.wwarch.com Agreement No. 6315 CIVIL im :STRUCTURAL DBE 0 Ski E 2022 VCA ENGINEERS SCHEDULE OF FEES PROFESSIONAL STAFF" HOURLY RATE Principal $210.00 Project Manager $180.00 Lead/Senior Project Engineer $165.00 Project Engineer $150.00 Engineer $140.00 BIM Modeler $120.00 Senior CADD Technician $100.00 CADD Technician $90.00 Clerical/Admin $65.00 MILEAGE AND SUBSISTENCE Auto Mileage $ 0.58 per mile plus 10% Parking Actual Cost plus 10% Air Travel and Car Rental Actual Cost plus 10% Subsistence (overnight out of LA) Actual Cost plus 10% DIRECT SERVICES Milestone Reproducible Submittal (one set) Included in Proposed Fees Messenger and Overnight Delivery Services Actual Cost plus 10% Long Distance Phone Actual Cost plus 10% Outside B&W Plotting Actual Cost plus 10% Sepia/Mylar Actual Cost plus 10% Reprographic Services (binding, mounting and etc.) Actual Cost plus 10% LIABILITY INSURANCE During the terms of this agreement, VCA shall at all times procure and maintain insurance. VCA carries General, Automobile Liability Insurance and Workers Compensation at $2M each occurrence and Professional Liability Insurance at $2M per claim. CLAIMS AND DISPUTE'S Client and VCA agree to negotiate and resolve all disputes between them in good faith as a first attempt. If the dispute cannot be resolved therein, the parties shall mutually agree to submit the matter to mediation and arbitration in accordance with the American Arbitration Association's Commercial Mediation Rules if the total dispute is less than $49,000. The results of the arbitration, as decided by three (3) arbitrators, each party choosing their own arbitrator and the two arbitrator choosing a third member, shall be final, and judgment may be entered upon it in any court of competent jurisdiction in the City where the work is performed. B_ ti, Atwt"pIn.-_ Ra'nate. rrtn1 c i wygti"r 1.041. S. Garfield Ave,, Suite 21.0, Alhambra, CA 91801 2151. Michelson Dr. 4240, Irvine, CA 92612 Tel: 323-729-6098 " Fare' 626 872 0795 Tel: 949-679-0870 w Fax: 949-679-9370 e-email: vca@vcaent,.canr vvvvw.vcaeng.com Agreement No. 6315 Principal $275/hr. Associate Principal $225/hr. Senior Associate $170/hr. Associate $160/hr. Senior Project Engineer $140/hr. Senior Designer $125/hr. Project Engineer $125/hr. Staff Engineer $120/hr. BIM Engineer/Designer $100/hr. Administrative Assistant $80/hr. Intern $80/hr. Expert Witness $350/hr. Deposition & Court Testimony $400/hr. Ill�,.l f�d I IIIral "c 11w,1d "w-11, 1'111 qi In 1'.,1"IaI"kc: dim Agreement No. 6315 Pezeshki Engineering, Inc. Mechanical & Fire Protection Engineers Professional Engineering Services Hourly Rate Schedule For City Of El Segundo Plunge Renovation Project Classification Rate xaer ,Four 41 1. Principal Engineer ....................................... $ 20.00 2. Associate ......................................... ....... -- $195.00 3. Project Engineer/Manager .......................... $160,00' 4. Design CAD Operator..................................$110.00 5. Travel expenses ............................................ Cost 6. Per Diem Expenses ....................................... Cost 7. Reproductions .............................................. $15.00 per sheet 8. Outside consultants ..................................... Cost Plus 15%. 9. Outside Tests, Reports & Instrumentation. Cost Plus 15% 10. Terms of Payments ..................................... Net 30 Days; Interest Rate=1.5% per Month 1920 E. Warner Avenue, Suite 3-H «Santa Ana, CA 92705 Phone: 714-884-3803 *Fax: 714-884-3834 Agreement No. 6315 d ® o Client Executive/Market Director $265 Project Executive $250 Senior Engineer Technical Specialist $230 Senior Engineer III $215 Senior Engineer II $190 Senior Engineer $170 Project Engineer II $155 Project Engineer $145 Engineer $135 Senior Designer Technical Specialist $195 Senior Designer III $180 Senior Designer II $165 Senior Designer $150 Project Designer II $145 Project Designer $130 Designer IV $120 Designer III $115 Designer II $110 Designer $105 Senior Virtual Design Coordinator $125 Virtual Design Coordinator $115 Virtual Design Technician $95 Administrative Assistant $85 Senior Construction Administrator $175 Construction Administrator $145 Senior Commissioning Authority/Engineer $190 Project Commissioning Authority/Engineer $155 Commissioning Authority/Engineer $120 Senior Medical Equipment Planner $195 Medical Equipment Planner $140 Medical Equipment Project Coordinator $100 *Adjusted annually. These rates are for staff located in the office providing the rates. Staff based in one of IMEG's other offices may have different billing rates. These rates can be provided upon request. Reimbursable Expenses: • Invoiced with a 1.1 multiplier of actual cost, including: • CAD plots, reproductions and delivery costs of drawings, specifications, and duplicate reports beyond one set provided at each normal stage of review • Reproduction of drawings on Mylar media • Plan review fees or imposed government agency fees • Premium delivery charges • Meals and lodging when required to travel overnight • State filing and/or permit fees related to energy life -cycle costs • Travel expense: Automobile mileage will be invoiced at the IRS rate in effect at the time of travel. Travel expenses also include tolls, parking fees, taxi, train, airfare, rental cars (CD only), and other out of pocket expenses. Agreement No. 6315 ,r' • AQUATICS FOR LIFE i Mr. Gregory G. Beard Principal, Director of Operations Westberg White Architecture 14471 Chambers Rd. Tustin, CA 92780 Re: City of El Segundo Urho Saari Swim Stadium Project Dear Greg: Counsilman-Hunsaker is pleased to a part of the Consultative Team for the City of El Segundo's Urho Saari Swim Stadium Rennovation. Below, please find Counsilman-Hunsaker's current billing rates which will be used for this project. Counsilman-Hunsaker looks forward to working with Westberg White Architecture and the entire Program Team on this historic project. If you require any additional information, please do not hesitate to ask. Sincerely,. Jeffery A. Prosswimmer Project Director Dallas a Denver ■ San Diego • St. Louis www.chh2o.com Agreement No. 6315 Chattel, Inc. I Historic Preservation Consultants RATE SCHEDULE Name Robert Chattel Leslie Heumann Christi di lorio Susan O'Carroll, Ph.D. Nels Youngborg Alvin -Christian Nuval TBD Sydney Andrea Landers TBD TBD Title/Area of_Expertise Hourly Rate ReducedRate Principal/Preservation $60 $190 Architect Principal Associate $4w $150 Principal Associate $4w $150 Consulting Principal Associate $4w $150 Senior Associate $4a9 $95 Associate III $448 $95 Associate II $4w $95 Associate 1 $4W $95 Office Manager $60 $60 Intern $49 $40 Agreement No. 6315 CUMMING Building Value Through Expertise Discipline Cost Management Services Managing Director / Director / Regional Director Associate Director Senior Cost Manager / Senior MEP Cost Manager Cost Manager Assistant Cost Manager / Estimating Technician / Intern Hourly Rate $235.00 $210.00 $190.00 $180.00 $115.00 www.cumming-group.com