CONTRACT 6569 Professional Services AgreementAgreement No. 6569
PROFESSIONAL SERVICES AGREEMENT
FOR DESIGN SERVICES
a BETWEEN
THE CITY OF EL SEGUNDO AND
KPFF, Inc.
SW 23-01 — SANDHILL BASIN IMPROVEMENT PROJECT
This AGREEMENT is entered into this 151h day of December, 2022, by and between the
CITY OF EL SEGUNDO, a municipal corporation and general law city ("CITY") and KPFF Inc., a
Washington 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 Thirty-one thousand, four hundred dollars ($31,400.00) 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.
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
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Agreement No. 6569
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. ADDITIONAL WORK. N/A.
7. FAMILIARITY WITH WORK. By executing this Agreement, CONSULTANT agrees that it
has:
A. Carefully investigated and considered the scope of services to be performed;
B. Carefully considered how the services should be performed; and
C. Understands the facilities, difficulties, and restrictions attending performance of
the services under this Agreement.
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.
8. TERM. The term of this Agreement will be from December 15, 2022 to December 31, 2023,
unless otherwise terminated pursuant to Section 15.
9. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
CONSULTANT furnishes proof of insurance as required under Section 23
of this Agreement; and
ii. 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.
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
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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, 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 upon thirty days'
written notice.
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.
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Agreement No. 6569
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, 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. This Agreement contemplates that CONSULTANT will act both as a
design professional (as defined by Civil Code § 2782.8) and for other management services.
Accordingly, CONSULTANT agrees to provide indemnification as follows:
A. CONSULTANT must save harmless, indemnify and defend CITY and all its
officers, 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 arising from,
pertaining to, or relating to the negligence, recklessness, or willful
misconduct of CONSULTANT or any of CONSULTANT's officers, agents,
employees, or representatives. CONSULTANT's duty to defend consists of
reimbursement of defense costs incurred by CITY in direct proportion to the
CONSULTANT's proportionate percentage of fault. CONSULTANT's percentage
of fault will be determined, as applicable, by a court of law, jury or arbitrator. In
the event any loss, liability or damage is incurred by way of settlement or
resolution without a court, jury or arbitrator having made a determination of the
CONSULTANT's percentage of fault, the parties agree to mediation to determine
the CONSULTANT's proportionate percentage of fault for purposes of
determining the amount of indemnity and defense cost reimbursement owed to
the CITY; CONSULTANT and CITY must each pay half the mediator's fees.
Notwithstanding the above, in the event one or more defendants to a Claim is
unable to pay its share of defense costs due to bankruptcy or dissolution of the
business, the CONSULTANT must meet and confer with the CITY regarding
unpaid defense costs.
B. Defense For All Non -Design Professional Liabilities. Notwithstanding the
foregoing and without diminishing any rights of the CITY under subsection A, for
any liability, claim, demand, allegation against CITY arising out of, related to, or
pertaining to any act or omission of CONSULTANT, but which is not a design
professional service, CONSULTANT must defend, indemnify, and hold harmless
Indemnitees from and against any and all damages, costs, expenses (including
reasonable attorneys' fees and expert witness fees), judgments, settlements,
and/or arbitration awards, whether for personal or bodily injury, property damage,
or economic injury, to the extent that they arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the CONSULTANT.
C. For purposes of this section "CITY" includes CITY's officers, officials, employees,
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agents, representatives, and certified volunteers.
D. It is expressly understood and agreed that the foregoing provisions are intended
to be as broad and inclusive as is permitted by the law of the State of California
and will survive termination of this Agreement.
The insurance coverage to be maintained by CONSULTANT as required by Section 22, will not
limit the liability of CONSULTANT hereunder. The provisions of this section will survive the
expiration or earlier termination of this Agreement.
19. ASSIGNABILITY. 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:
Tvoe of Insurance
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
ISO-CGL Form No. CG 00 01 11 85 or 88, or equivalent. The amount of
insurance set forth above will be a combined single limit per occurrence for bodily
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Agreement No. 6569
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. CITY's additional insured status will
apply with respect to liability and defense of suits arising out of CONSULTANT's
acts or omissions. 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 valid Certificates of Insurance evidencing
maintenance of the insurance required under this Agreement, a copy of an
Additional Insured endorsement confirming CITY has been given Insured status
under the CONSULTANT's General Liability policy, 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 15.
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.
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Agreement No. 6569
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:
KPFF, Inc.
700 South Flower Street, Suite 2100
Los Angeles, CA 90017
Attention: Jeff Gavazza
213-266-5244
Jeff.gavazza@kpff.com
If to CITY:
City of El Segundo
350 Main Street
El Segundo, Calif. 90245
Attention: Cheryl Ebert
310-524-2321
cebert@elsegundo.org
Any such written communications by mail will be conclusively deemed to have been received by
the addressee upon deposit thereof in the United States Mail, postage prepaid and properly
addressed as noted above. In all other instances, notices will be deemed given at the time of
actual delivery. Changes may be made in the names or addresses of persons to whom notices
are to be given by giving notice in the manner prescribed in this paragraph.
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.
31. ENTIRE AGREEMENT. This Agreement, and its Exhibits, sets forth the entire
understanding of the parties. There are no other understandings, terms or other agreements
expressed or implied, oral or written. There is one (1) Exhibit to this Agreement. 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.
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Agreement No. 6569
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.
CITY's executive manager, or designee, may execute any such amendment on behalf of CITY.
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 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]
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Agreement No. 6569
IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and
year first hereinabove written.
OF EL S GUNDO KPFF,
Darrell George, By: Jeff Gavazza
City Manager Its: Principal in Charge
By:
Its:
ATTEST:
4"940 NA-- Taxpayer ID No.
91-0755897
Tracy "U liver,
City Clerk
Insurance Approved by:
City of El Segundo PSA for Design Services
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Agreement No. 6569
700 South Flower Street, Suite 2100 Cos Angeles, CA 90017 213.41&0201 kpff.com
EXHIBIT A
December 12, 2022
Ms. Cheryl Elbert, P.E.
Senior Civil Engineer
City of El Segundo
350 Main Street
EI Segundo, CA 90245
Re: El Segundo Sandhill Basin - Upgrade Design
Revised Proposal for Surveying and Civil Engineering Services
KPFF Job #2200830 [Surveying)
KPFF Job #2200388 [Civil Engineering)
Dear Cheryl:
We are pleased to submit this revised proposal for civil engineering services required for the
above -referenced project. This proposal is based on our discussion over the telephone, a site visit
observation on May 12, 2022, and an e-mail dated August 3, 2022.
W t 1 NSA
We understand the project consists of an assessment of an existing Sandhill Basin located in the
city of El Segundo, California. We understand that the City of El Segundo wants to address a
neighbor's concern regarding the slope stability along the joint property line between the basin
and the neighbor's property. We further understand that the City wants to address the site
erosion at two basin spillways.
At this time the City would like to proceed with the design to address the erosion in the basin and
the spillways.
We further understand that this is a prevailing wage project.
We propose the following scope of services:
1) We understand that a field boundary is not needed at this time and is not part of this
scope. Reviewing and plotting easements are also not needed at this time and are not part
of this scope.
Agreement No. 6569
Ms. Cheryl Elbert, P.E., City of El Segundo
El Segundo Sandhill Basin Assessment
Revised Proposal for Surveying and Civil Engineering Services
KPFF job #2200830/KPFFjob #2200388
December 12, 2022
Page 2 of 7
21 We will provide a topographic survey per the limits shown on Attachment C for site design
purposes.
31 The topographic component of this survey will be based on a ground -edited survey and
include the horizontal and vertical locations of all on -site improvements as well as
elevations of landscape and hardscape areas and will include the following items:
a] Existing improvements within five feet of the topographic limits as shown in
Attachment C will be located and elevations of adjacent finish surfaces will be located
to assist in determining join grades.
b] Finish floor elevations will be located for all accessible doorways of any existing onsite
buildings slated to remain after design [if they are accessible at the time of the
survey].
c] Visible surface utilities
d] Heights and widths of walls
e] Parking striping and street striping is not needed at this time and will not be located.
f] Inverts of area drains, sewer and storm drain manholes within the survey limits will be
field verified.
g] Trees greater than four inches in diameter will be located. Species and dripline
information are excluded from this scope.
h] Contours will be provided at one -foot intervals, combined with spot elevations at
approximate 20-foot grid intervals on the hardscape/landscape.
i] Movable items such as storage containers, palleted items, trash bins, etc. will not be
surveyed or mapped.
j] Street cross -sections is not needed at this time and will not be provided.
Civil Erg ineadaa
11 Constru i n DDLvment Pac .
a] Visit the site to observe basin existing conditions.
b] Attend web -based meetings with the team, as required.
c] Review available basin record documents.
d] Review and incorporate recommendations presented by the soil investigation report
on how to address the soil erosion at the basin spillways.
e] Develop a grading design to address soil erosion at the spillways.
f] Prepare the following plans:
1. Erosion Control Plan.
Agreement No. 6569
Ms. Cheryl Elbert, P.E., City of El Segundo
El Segundo Sandhill Basin Assessment
Revised Proposal for Surveying and Civil Engineering Services
KPFF Job #2200830/KPFFjob #2200388
December 12, 2022
Page 3 of 7
2. Demolition Plan.
3. Over Excavation and Recompaction Plan.
4. Grading and Drainage Plan.
5. Civil Engineeing Detail Plan.
g] Proposed spillway design will be based on State of California Department of
Transportation (Caltrans) standard plants.
h) Provide construction details and specifications for the proposed work.
i) Provide an engineer's cost estimate based on data from previous projects.
2) , nc Arproval and Pe ml .
a) Provide support for approval and obtaining permits from the City of El Segundo for the
civil engineering scope of work.
b] City of El Segundo project manager will take the lead in plan submission and
permitting. KPFF will operate in a supporting role.
31 n truction_ finis ra ion.
a] Provide support during construction to answer requests for information [RFIs], review
submittals, and process change orders.
b) Attend web -based meetings with the contractor and the City of El Segundo, as
required.
c) Visit the Site for final punch -walk
ASSU NS ANt _ �h
The following assumptions and clarifications pertain to this proposal;
1) This is a prevailing wage project.
21 Survey areas will be accessible and clear of obstructions at requested time of survey (if
access coordination is needed prior to survey, Client will provide needed information).
Survey will occur during normal business hours. Any required parking permits will be
provided by client prior to start of survey.
31 Record underground utility research and plotting is being provided by others.
41 This is a traditional project delivery consisting of paper or electronic two-dimensional [2D)
contract documents and specifications. This delivery includes the 2D contract document
files in Portable Document Format [PDF) or AutoCAD [ACAD) format and the specifications
in either Microsoft Word or Portable Document Format [PDF] format. Any 3D Modeling,
Integrated Project Delivery, or coordination of these efforts would be considered an
additional service.
Agreement No. 6569
Ms. Cheryl Elbert, P.E., City of El Segundo
El Segundo Sandhill Basin Assessment
Revised Proposal for Surveying and Civil Engineering Services
KPFFJob #2200830/KPFFJob #2200388
December 12, 2022
Page 4 of 7
51 Please note that the setting of monuments or the filing of a Record of Survey have not
been included in the Scope of Services. If Client requests the setting of monuments, we
are required by California State Law to file a Corner Record or Record of Survey. We shall
also be required to file a Record of Survey if, in performing the boundary survey, material
discrepancies are found between the field conditions and the "record" conditions, or, if any
of the boundary lines being established are not shown on any previously recorded
Subdivision Map, Official Map, or Record of Survey. A copy of those sections of the
Professional Land Surveyor's Act describing the requirement for a Record of Survey will be
provided at Client's request. The preparation and filing of a Record of Survey shall be
billed and paid for as "Additional Services."
6) We understand that there is an existing survey which shows two control points. We will
attempt to tie into these control points if available. Should these control points not be
available then Survey will be based on assumed coordinates unless directed otherwise
prior to field surveying efforts.
71 We understand that there is an existing survey which uses City of El Segundo Benchmark
F-6. We will attempt to tie into said benchmark if available. Should said benchmark not be
available then elevations will be assumed or based on Global Positioning System [GPS)
observations.
8) A complete, current, digital, detailed, ground -edited American Land Title Association
(ALTA) and topographic survey will be provided for our use.
9) A Geotechnical report including slope stability analysis and recommendations for slope
stability, grading, paving, and erosion prevention at the basin inlet and outlet structures.
FEE
We propose to accomplish the scope of work noted for the following lump sum fees:
Surveying:
Civil Engineering:
TOTAL
We propose to bill our services monthly based on a percentage completion basis.
The following is a break down of our civil engineering fee by task:
11 Construction Document Package:
2] Agency Approval and Permit:
31 Construction Administration:
$9,900
$21,500
$31,400
$17,500
$1,000
$3,000
TOTAL $21,500
Agreement No. 6569
Ms. Cheryl Elbert, P.E., City of El Segundo
El Segundo Sandhill Basin Assessment
Revised Proposal for Surveying and Civil Engineering Services
KPFF job #2200830/KPFFjob #2200388
December 12, 2022
Page 5 of 7
Reimbursable expenses for messenger and delivery services, reproduction for other than in-house
check prints and plots, and travel expenses (parking, mileage, rideshare and taxi services, airfare,
lodging, etc.) made by KPFF in the interest of the project are separate from our fees and will be
billed at cost. All other services that are considered as additional services (beyond the scope of
work noted herein) will be billed on an hourly basis per our standard hourly rates. Please refer to
Attachment A for our current hourly rate schedule.
Please note that we anticipate payment of invoices within 30 days of the invoice date. A monthly
service charge of 1.5 percent of the unpaid balance (18 percent true annual rate) will be added to
past due accounts. KPFF reserves the right to terminate the performance of the service without
waiving any claims or right against the client and without liability whatsoever if payment is past
due the 30-day period.
We propose that all other terms and conditions will be as provided in the Terms and Conditions
document as shown in Attachment B.
SUMMARY
Thank you for requesting this proposal from us. If this proposal is acceptable to you, please
return a signed copy to us prior to the start of work. Please feel free to contact us with any
questions or comments.
Sincerely,
joss riega, P.E.
Associate
Attachments
Accepted By:
Name
Title
.................
Date
P:\2022\2200388\0 MARKET\0.4 KPFF PROPOSALS + ADD SERVICES\2022-12-12 PRP REV 2200388.DOCX\2022-12-12\DM
Agreement No. 6569
Ms. Cheryl Elbert, P.E., City of El Segundo
El Segundo Sandhill Basin Assessment
Revised Proposal for Surveying and Civil Engineering Services
KPFF Job #2200830/KPFFJob #2200388
December 12, 2022
Page 6 of 7
Attachment A
KPFF CONSULTING ENGINEERS
LOS ANGELES CIVIL DIVISION
HOURLY RATE SCHEDULE
2022
PRINCIPAL -IN -CHARGE ............................................................. _ $275.00
SENIOR CIVIL ENGINEER...............................................................$225.00
PROJECTMANAGER.......................................................................
$205.00
PROJECT ENGINEER/PROJECT SURVEYOR..............................$170.00
DESIGN ENGINEER/SURVEY ANALYST.....................................$155.00
CHIEFCAD OPERATOR..................................................................$180.00
DRAFTER/CAD OPERATOR...........................................................$155.00
ADMINISTRATIVE SUPPORT........................................................
$105.00
ELD SUR1i - PFE" RATE
ONE -PERSON SURVEY CREW...,.,.................................................$185.00
TWO -PERSON SURVEY CREW ...... ....................._,.....,....... ..........$245.00
THREE -PERSON SURVEY CREW....... .... .............
$290.00
FIELDSI�RVE - A LING 'N�'A ATES
ONE -PERSON SURVEY CREW ....................................................
$200.00
TWO -PERSON SURVEY CREW ...................................................
$340.00
THREE -PERSON SURVEY CREW ...............................................
$405.00
Note: Hourly rates will be updated on an annual basis throughout the duration of the project, and
services will be billed at the hourly rates in place at the time the service is provided.
Agreement No. 6569
Ms. Cheryl Elbert, P.E., City of El Segundo
El Segundo Sandhill Basin Assessment
Revised Proposal for Surveying and Civil Engineering Services
KPFF job #2200830/KPFF job #2200388
December 12, 2022
Page 7 of 7
Attachment B
TERMS AND CONDITIONS
KPFF, Inc. ("KPFF") shall perform the services outlined in this agreement pursuant to the stated fee arrangement.
1. ADDITIONAL SERVICES
Should the Scope of Services change from those set forth in the Agreement for Professional Services, the fee for such
additional services will be negotiated between Client and KPFF.
2. LIMITATION OF LIABILITY
To the greatest extent allowed by law, the aggregate liability of KPFF for any and all injuries, claims, demands, losses,
expenses or damages, of whatever kind, arising out of or in any way related to this Agreement or the services provided by
KPFF on this project, shall be limited to $50,000 or the total fee received by KPFF pursuant to this Agreement, whichever is
greater. Further, no officer, director, shareholder or employee of KPFF shall bear any personal liability to Client for any and
all injuries, claims, demands, losses, expenses or damages, of whatever kind or character, arising out of or in any way
related to this Agreement or the services provided by KPFF on this project.
3. MEDIATION
All disputes between Client and KPFF arising out of or relating to this Agreement shall be submitted to nonbinding mediation
prior to commencement of any otherjudicial proceeding.
4. DISPUTE HANDLING
KPFF shall make no claim against Client without first providing Client with a written notice of damages and providing Client
thirty (30) days to cure before an action is commenced. The Client shall make no claim either directly or in a third -party
claim, against KPFF unless the Client has first provided KPFF with a written certification executed by an independent
professional currently practicing in the same discipline as KPFF and licensed in the state of the subject project. This
certification shall a) contain the name and license number of the certifier; b) specify each and every act or omission that the
certifier contends is a violation of the standard of care expected of a professional performing professional services under
similar circumstances; and c) state in complete detail the basis for the certifier's opinion that each such act or omission
constitutes such a violation. This certificate shall be provided to KPFF not less than thirty [30) calendar days prior to the
presentation of any claim or the institution of any judicial proceeding.
S. SUSPENSION OF SERVICES
If Client fails to make payments to KPFF in accordance with this Agreement, such failure shall provide KPFF the option to
suspend performance of services under this Agreement upon seven (7) days' written notice to Client. In the event of a
suspension of services, KPFF shall have no liability for any delays or damages caused because of such suspension. Before
resuming services, KPFF shall be paid all sums due prior to suspension and any expenses incurred by KPFF in the
interruption and resumption of its services. KPFF's fees for the remaining services and time schedules shall be equitably
adjusted. If any invoice is in dispute, Client shall pay under written protest to keep the project on schedule and resolve the
payment dispute after substantial completion.
6. TERMINATION
This Agreement may be terminated by either party with seven (7) days' written notice to the other in the event of a
substantial failure of performance by the other party through no fault of the terminating party. If this Agreement is
terminated, KPFF shall be paid for services performed to the termination notice date, including reimbursable expenses due.
7. OWNERSHIP OF DOCUMENTS
The drawings, calculations and specifications are instruments of service and are, and shall remain, the property of KPFF,
whether the project for which they are made is executed or not. They are not to be used on other projects or extensions to
this project except by agreement in writing.
8. CONTRACT ADMINISTRATION
It is understood that KPFF will not provide design and construction review services relating to safety measures of any
contractor or subcontractor on the project. Further, it is understood that KPFF will not provide any supervisory services
relating to the construction for the project. Any opinions solicited from KPFF relating to any such review or supervisory
services shall be considered only as general information and shall not be the basis for any claim against KPFF.
9. NO THIRD -PARTY BENEFICIARY
Nothing in this Agreement shall create a contractual relationship with or a cause of action in favor of any third -party against
KPFF or Client.
10. NO ASSIGNMENTS
Neither party to this Agreement shall transfer, sublet or assign any rights under or interest in this Agreement (including but
not limited to monies that are due or monies that may be due) without the prior written consent of the other party.
11. PAYMENTS
KPFF will submit monthly invoices. Payment is due on the date of the invoice and becomes delinquent one month
thereafter. A late charge will be added to delinquent amounts at the rate of one -and -one-half percent [1.5 percent) for each
one month of delinquency (or the maximum allowable by law, whichever is lower).
Agreement No. 6569
I
ATTACHMENT C
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SANDHILL DETENTION BASIN
BASE MAP