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CONTRACT 6631 Professional Services AgreementAgreement No. 6631 DocuSign Envelope ID: 26B208A8-9B3C-452B-9BOF-F7E205A8255C PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND LPA, Inc. This AGREEMENT is entered into this 21 day of March, 2023, by and between the CITY OF EL SEGUNDO, a municipal corporation and general law city ("CITY") and LPA, Inc, a California Corporation, 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 $145,918 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 "B," 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 that fall below the foregoing standard of care 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. -1- Rev inns Agreement No. 6631 DocuSign Envelope ID: 26B208AB-8B3C-452B-9BOF-F7E205A8255C 4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage for each task, the reimbursable expenses incurred during the billing period, and the cumulative expense incurred. 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: L Carefully reviewed and considered the scope of services to be performed; ii. Carefully considered how the services should be performed; and ii. 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 observe 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. CONSULTANT's observations shall not include any destructive, invasive or other special measures to observe concealed, buried or otherwise inaccessible areas or conditions. 7. TERM. The term of this Agreement will be from April 18, 2023, to August 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. 8, TIME FOR PERFORMANCE.. -2- Rev 2/7/23 Agreement No. 6631 DocuSign Envelope ID; 26B208AB-983C-452B-9BOF-F7E205A8255C A. CONSULTANT will not perform any work under this Agreement until: i. 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. 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 hours (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 Service; and B. Exhibit B: 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, -3- Rev 2/7/23 Agreement No. 6631 DocuSign Envelope ID: 26B208A8-9S3C452B-9BOF-F7E205A8255C 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 without cause terminate this Agreement at any time with CITY's mutual consent. CONSULTANT may terminate or suspend this Agreement at any time for cause, including CITY's failure to pay any undisputed amounts when due. 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" 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 instruments of service, for purposes other than identified in this Agreement, or use of incomplete instruments of service, 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 -4- Rev 2/7/23 Agreement No. 6631 DocuSign Envelope ID: 20B208AS-9B3C-452B-9BOF-F7E205AB255C 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. A. CONSULTANT agrees to the following: Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY's request reimburse defense costs pursuant to Civil Code Section 2782.8 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. H. 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. 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, representatives, 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 CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. -5- Rev 2/7/23 Agreement No. 6631 DocuSign Envelope ID: 26B208AB-953C-452B-9BOF-F7E205AB255C 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 is it 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: Tyree of (Insurance Commercial general liability: Professional Liability Business automobile liability Workers compensation Limits $1,000,000 $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. The amount of insurance set forth above 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, -6- Rev 2/7/23 Agreement No. 6631 DocuSign Envelope ID: 268208A8-9B3C-452B-9BOF-F7E205A8255C 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 0106 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 16. 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. 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: -7- Rev 2I7/23 DocuSign Envelope ID: 26B20BAB-9B3C-452B-gBOF-F7E205AB255C Agreement No. 6631 LPA, Inc. 5301 California Ave. Irvine, CA 92617 Attention: Arash lzadi, Principal in Charge aizadi@lpadesignstudios.com If to CITY: City of El Segundo 350 Main St. El Segundo, CA 90245 Attention: Aly Mancini, Recreation, Parks, and Library Director amancini else undo,or 310-524-2730 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. -8- Rev 2/7/23 Agreement No. 6631 DocuSign Envelope ID: 266208A8-9B3C-452B-9BOF-F7E205AB255C 31. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are two exhibits 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. 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.AUTHORITYIMODIFICATION. 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. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one Agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code § 16.5, 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 transmission. Such electronic 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 -9- Rcv 217/27 Agreement No. 6631 DocuSign Envelope ID; 26B208AB-9B3C-452B-9BOF-F7E205A8255C and capacity to perform the Agreement in accordance with the requirements herein. 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] -10- Rev 17/23 Agreement No. 6631 DocuSign Envelope ID: 26B208A8-9B3C-452B-9BOF-F7E205A8255C IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. C IF EL SEGUNDO Darrell George, City Manager ATTE Tw TV Trac We ver, City Clerk APPROVED AS TO FORM: MARK D. H LEY, City Attorney M R US DS LP64JVC j6v, M. is By: Jon Mills Title: Chief Operating Officer Taxpayer ID No. 95-2693579 Joaquin a°dzq,uez Assistant City Attorney -11- Rev 217123 Agreement No. 6631 DocuSign Envelope ID: 28B208A8-983C-452B-98OF-F7E205A8255C Exhibit A SCOPE OF SERVICES CITY OF EL SEGUNDO RECREATION PARK RENOVATOIN PROJECT 3/21/2023 Client: City of El Segundo Contact: Ms, Aly Mancini Recreation, Parks and City of El Segundo 350 Main Street El Segundo, CA 90245 (951) 929-7700 Ext. 4681 MpggI c, a acintor .us Project: El Segundo City Recreation Park Renovation Project Location: 401 Sheldon Street El Segundo, CA 90249 Architect: LPA. Inc, "LPA" Contact: .crash Izadi, ASLA, LEED AP Director of Sport + Recreation 5301 California Ave. Suite 100 Irvine. CA. 92617 aizadi:u lt)aclesigristudios.com (949) 701-4059 PROJECT DESCRIPTION The City of El .Segundo is proposing to construct improvernents at Recreation Park to address maintenance and program related requirements. The proposed improvements being considered are: General repairs and upgrades to the lighting and irrigation systems for Stevenson Field. Brett Field. and the Softball Field. General Repair and renovation of the referenced bailfields including infield, outfield, and fencing. Repair and/or renovation of the Tennis, Picklebail, Volleyball. and Paddle Tennis ,Courts. Teen Pla_a. renovation including the Teen. Center, Skatepark and Basketball Court. e Removal and repurposing or the Horseshoe, shuffleboard. and lawn bowling area. Required ADA improvements for the selected program elements. The pi oposed services will be provided in two parts. This proposal includes services for Part I as follows: Part 1: Development of a conceptual site plan for the proposed program elements of park that highlights the various improvements noted. The goal is to develop conceptual cost budgetary considerations, for the various proposed items noted. based on allowances and square footages to be presented to the City Council for their selection and direction for further development in Part 2. Part 2: Preparation of detailed design and construction documents for improvements within the defined project budget upon completion of Part 1 and pending on direction of the desired scope by the City Council. A detailed Scope of Services for Part 2 shall be provided pending clarification of the program items and scope, The following scopes and disciplines are clarified as may be appropriate for the scope identified, LPA Client i Not ,. Itrolucat,d e eri al Surve, AGro�-� X Ground Survey to atechnical Study X.,._.. � ... �� Civil EnLeerin9 .�... ..._.......,.� Landscape X Architecture ...µ�.__ rural Architectural rehatec X Design X Structural X Mechanical o X Eiralur°rr��rrrag._._ I Plumbing j X Electrical X r X Technology _ Love o t®eie __. Firta\Iarm Drsirn n Fire Protection X Engineering _ .._ __......... Agreement No. 6631 DocuSign Envelope ID: 26B208AB-993C-452B-9BOF-F7E205A8255C SCOPE OF SERVICES I RECREATION PARK RENOVATION PROJECT 3/21/2023 Cost Estimation X BASIC SERVICES Furniture Services L ED%-.m Lo _ `( 000 - GENERAL Sustainability Consultant ra COnsultant During the project, certain activities occur in each phase. These activities, described below, are non - Ode .... ,X y _ __. aterproofing Waterproofing X sequential and may not be applicable to all phases Consultant i of the project. These activities include: ustical Studies it I then ConsuBting _ "kitchen 001 Project Administration services including: Locating ..-..... , _.X _ m ; X Ol Initial consultation in development of ..UF, .`Iorerensics _ ..,_ _.. _...... .,... ,...�.. the Project. 02 Project -related research. PHASES .03 Conferences and meetings, including meeting minutes. i fnciuded„Excluded .04 Communications. -X.. M. - .05 Travel time. Coneral ual Design I _ , .06 Direction of the services of in-house Schematic Design ..._ X personnel. Design i X Development _ _ w 002 Disciplines Coordination/Document Construction X I Checking services consisting of: Documents gency o Agency Approval Approval m 'm "'v" ` " "`' X .01 Coordination between LPA's services Bidding / .._ r r X T � and other consultants or disciplines ec�otlation involved in the Project. R Contract - j X .02 Review and checking of documents Administration prepared for the Project. P osE Construction LServices X ° 003 Agency Consulting services including: ._ . _._.. __..._.. .. .._ .01 Agency consultations. .02 Research of critical applicable regulations. .03 Preparation of written and graphic explanatory materials, 010 - SURVEY / BASE MAP PREPARATION SERVICES Preparation of aerial survey including: 011 Aerial Survey consisting of: .01 Limit of survey attached. .02 Establish horizontal and vertical control based on the California Coordinate Systern & Local County/City benchmarks. a. Set six (6) aerial targets. b. Prepare a I"=20' scale aerial topographic base map. c. File prepared in world coordinate file suitable use in AutoCAD (native AutoCAD 2016 DWG format), DocuSign Envelope ID: 26B208A8-9B3C-452B-gBOF-F7E205AB255C Agreement No. 6631 SCOPE OF SERVICES I RECREATION PARK RENOVATION PROJECT 3/ 21/2023 PART ONE 100 - PRE -DESIGN / CONCEPTUAL DESIGN In the Pre -Design Conceptual Design Phase, LPA shall provide those services necessary for LPA to assist the City of El Segundo in establishing program, conceptual design, budgetary, and scheduling requirements for the Project prior to beginning design. The following descriptions shall apply to those services. 101 Project Kickoff services required to establish the following detailed requirements for the Project. .01 Initial virtual meeting to review project process, schedule, goals, sustainability. budget, and milestones. .02 Review existing project information including existing surveys, prograrr) information, record drawings, entitlements data, and other available information. 102 Balifield Review services related to the following at the three referenced ballhelds: .01 Review of the existing irrigation as - built information and/or controller charts to identify exiting uses and points of connection. .02 On -site review of the existing irrigation system to obtain a general understanding of the current function. zoning. and points of connection. .03 Review of the existing drainage patterns, storm drain locations and surfacing types based on the aerial topographic survey and general review on site of the fields. .04 General review of the existing electrical points of connection for feasibility of updating the field lighting. 103 Tennis Court Area Review services related to the following: ,01 Review of the existing tennis courts to better understand their current condition and required improvements. 104 Teen Plaza Review services related to the following: .01 Review 0f existing as -built documentation to better understand the overall design criteria, .02 On -site review of the existing building to better understand the overall condition and potential required improvements. 105 Shuffleboard, Horseshoe, and Lawn Bowling Area Review services related to the following: _01 Site review of the existing improvements at the shuffleboard, horseshoe and lawn bowling area to gain a general understanding of the existing improvements. 106 General Site Review services related to the following: .01 On -site review of the overall site to gain a general understanding of the major site improvements. uses and circulation patterns for reference purposes only. 107 Geotechnical Investigation services related to the following: .01 Assistance to the City of El Segundo in establishing the possible requirements for soils and percolation investigation and report that may be required for determining concerns related to drainage at the referenced ballfields. The procurement of a Geotechnical Engineer and Investigation will be by the City, as a direct consultant to the City and outside of these Scope of Services. 108 Site Programming services required to establish the following detailed qualitative and quantitative requirements for the referenced site areas (ball fields, tennis courts, teen plaza, and horseshoe area) Project: .02 Modification of the current uses and any proposed new uses. 03 Ballfieid uses. 04 Alternative program elements for the - horseshoe area. .05 Uses for the Teen Plaza. Agreement No. 6631 DocuSign Envelope ID: 26B208A8-9B3C-452B-9BOF-F7E205A8255C SCOPE OF SERVICES I RECREATION PARK RENOVATION PROJECT 3/ 2112023 109 Building Programming services required to 112 Rough Order of Magnitude (ROM) Cost establish the following detailed qualitative services consisting of development of a and quantitative requirements for the prograrn-based cost range for the proposed referenced Teen Building including: program elements, based on the most recent programmatic / conceptual design studies, Ol Initial Programming Meeting. current and historic area, volume, or other .02 Modification of the Current uses. costs, expected Project delivery process, and .03 Proposed replacement considerations, appropriate hard cost contingencies. .04 Underserved and/or desired new prograrn elements. 113 Conceptual Design Presentation and .05 Demographics and age groups utilizing Prioritization Meeting consisting of a the facility. presentation of the final Concept Plan and .06 Spatial utilization. associated ROM for the purposes of assisting in the determination of prioritization, 110 Conceptual Site and Building Plan sei vices consisting of the development of an overall 114 Project Development Scheduling services site plan highlighting the existing and consisting of establishing a tentative proposed major program elements and schedule for predesign services, decision - general improvements. making, design, documentation, contracting .01 Site concepts and forms, including: and construction, based on determination a. Proposed Overall Concept Plan of LPA's services. City of El Segundo depicting the proposals for the new responsibilities and proposed design and or revised improvements and construction procedures, identifying existing improvements (where appropriate). 115 Commission and Council Presentation b. Spatial requirements for the services consisting of preparing for and proposed improvements in an presenting the conceptual plan(s). overall Concept Plan including all prioritization, and ROM Cost Estimates. the program areas referenced, .01 Recreation and Park Commission. c. Horseshoe area proposed concept. .02 City Council. d. Conceptual drainage improvements, where appropriate, 116 Summary of Meetings: services consisting at the ballfields. of meeting attendance and presentations of .02 Building program concepts, including: Predesign Phase analyses and a. Building plan concepts / adjacency recommendations by LPA, as follows: diagram. b. Square footage allowances. _01 One (1) - Virtual Kickoff Meeting. c. Spatial requirements of the .02 One (1) - Programming Meeting. proposed building on the site. .03 Up to Three (3) - Subcommittee Programming and Coordination 11i Recreation Park Subcommittee Meeting(s), Coordination Meeting services consisting of .04 One (1) - Conceptual Design a presentation and review of the finding and Presentation. proposed conceptual plan for: .05 One (1) - R&P Commission a. Ballfield improvement Presentation. considerations, lighting .06 One (1) - City Council Presentation. considerations and drainage improvements_ 117 Summary of Deliverables: b. Tennis Court considerations and improvements. .01 Program Requirements. c, Horseshoe area concepts and .02 Conceptual Site Plan. improvements. .03 Conceptual Building Diagram and d. Teen Center considerations, Square Foot Requirements. concepts, and improvements. .04 Schedule. .05 Rough Order of Magnitude Cost. .06 Meeting Minutes. Agreement No. 6631 DocuSign Envelope ID: 26B208A8-9B3C-452B-9BOF-F7E205A8255C SCOPE OF SERVICES I RECREATION PARK RENOVATION PROJECT 3;'21/2023 SUPPLEMENTAL SERVICES STANDARD ASSUMPTIONS In addition to the generally Sequential services The follov✓ing are Scope of Services assumutians: chronologically at and describe, in Phases 000 through 800, LPA shall provide Supplemental f. CONSULTANTS. The services of the Services. These nor.-sequentiai services may be consultants included as part of this Scope of provided during a single Phase of services or Services will be billed at their fee plus 201, for during several phases. The following descriptions LPA's coordination. shall apply to those services upon written authorization from the City of El Segundo and all 2. CONCEPTUAL DESIGN SERVCIES: To assist additional fee. These services are intended as a the City in the development of the scope and placeholder and to identify potential supplemental improvements, a Conceptual Design Phase has services that may be needed. Pending been included (Part 1). as noted_ It is our confirmation of the final scope and improvements, understanding and the basis of this proposal, additional supplemental services may be required, LPA's services will be procured for full other than those noted. Schematic Design. Design Development. Construction Documents, .'Agency Approval, 081 Special Studies services consisting of Bidding and Construction Contract investigation, research, and analysis of El Administration (Part 2) upon the conclusion of Segundo's special requirements for the Part 1. Since the actual improvements have Project and documentation of findings, not been defined and are contingent on City conclusions, and recornmenclations for Council direction and City prioritization, LPA blaster Planning to provide design services services will be further refined, and a specific relative to future facilities, systems and Scope of Services will be provided for Part 2 equipment which are not intended to be upon confirmation of scope as an constructed as part of the Project during supplemental service. the Construction Phase. 3. FORENSICS/UTILITYLOCATING: Locating 082 Survey and Documentation of Existing and/or investigating the location and/or Building Systems vdien record documents condition of utilities may be provided as an are unavailable. additional service. 083 Supplemental Ground Survey services 4. GROUND SURVEY: An aerial survey has been required for the documentation of the site provided as part of this Scope of Services to improvements as may be. required pending allow: the conceptual plan(&) to be cledelopcd. confirmation of the final Scope and Upon confirmation of the final scope and Improvements. proposed improvements, supplemental ground surrey will be required. These 084 Utility Locating / Forensic services, survey(s) may be provided as an additional service. 085 Renderings of the proposed improvements. S. RECORD BOUNDARY: Plotting of the Record 086 Detailed Design Services of the proposed Boundary based on a City of El Segundo improvements. provided Title Report as a supplemental service. An LPA procured title report and 087 Additional Areas: Assessment, review subsequent plotting of the Record Boundary and/or conceptual design or documentation may be provided as an additional service. for additional areas and elements within the park_ 6. KITCHEN: Any kitchen or food service -related services may be provided as an additional 088 Part Two: Schematic Design, Design Service. Development, Consluction Documents. Bidding and Construction Contract 7. RESPONSIBILITIES: LPA will be responsible Administration services for the areas for Conceptual Design of only areas as stated identified In Part 1. on this Scope of Services. Conceptual Design, DocuSign Envelope ID: 28B208A8-983C-452B-9BOF-F7E205A8255C Agreement No. 6631 SCOPE OF SERVICES I RECREATION PARK RENOVATION PROJECT 3%21/2023 evaluation and/or programming services for other park amenities and/or conditions may be provided as an additional service, Schematic Design, Design Development, Construction Documents, Bidding, Agency Approval, and Construction Contract Administration are to be provided in Part 2 as a Supplemental Service pending definition of scope and approval of additional compensation. 14. RECORD DRAWINGS: As -Built Information for existing sites and facilities are to be provided by the City of El Segundo. 15. MEETINGS: Where the maximum number of meetings to be included in Architect's services is specified Herein, Architect and architect's consultants agree to attend, and participate in. as many meetings as specified as part of the Basic Services. Meetings more than those specified will be billed as Additional Services. S. IRRIGATION. Irrigation review and assessment services are limited to the three 16 referenced ballfieids only and are contingent on receiving accurate as -built data and usable controller charts. Design and/or documentation of improvements may be provided as an additional service. 9_ ENVIRONMENTAL: Studies for area wide traffic impacts, cultural resources, stream preservation or modification, soil mitigation or clean-up, oil operations, and sensitive habitat. or any CEOA and/or environmental services are not included in this proposal. It is anticipated that the City of EI Segundo has the existing studies required. 10. OFF-SITE:/PARK WIDE: Off -site and/or park wide infrastructure is in place and adequate connection points for storm drain, water, and sewer are available at the limits of specific improvement (such as the ballfieids) to serve the proposed development. No studies or development of designs of utilities beyond the immediate limits of the proposed improvements are included. 11. BOUNDARY: The boundary corners for the site have been established and monurnented by others. 12. BASE MAPPING: Mapping will be based on available local agency vertical datum and assumed horizontal datum, unless specifically requested otherwise. 13. FLOOD PLAIN: The site is not located within the limits of a 100-year flood plain and will not include any new regional drainage improvements. Design impacts due to flood plain issues shall be considered as Additional Services, DELIVERABLES: The preceding description of services general outlines the activities associated with executing each phase of services. The necessity for, and the extent to which, the Architect and Architect's consultants must commit time and resources to any specific activity will vary depending on the needs of the project. Consequently, the description of services does not represent a comprehensive list of deliverables. 17, CONSULTATION AND COORDINATION: All consultations and coordination not associated with specific meetings shall be conducting at the sole discretion of the Architect and Architect's consultants, and only as necessary for the Architect and Architect's consultants to complete the professional services of this agreement. 18. DOCUMENTS: Documents described in the preceding description of services shall be provided. as appropriate, for the needs of the project and to a level of detail consistent with the standard of practice for this type of project and for the geographical area and regulatory jurisdiction(s) in which the project is located, 19. PROJECT CONTROL: The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for construction. Without in any way limiting the Architect's responsibilities and obligations under Title 21 of the California Code of Regulations or the Building Standards published by the ICBO (formerly Title 24 of the California Code of Regulations), the Architect shall not otherwise be responsible for the Contractor's schedules or failure to 0 Agreement No. 6631 DocuSign Envelope ID: 26820BA8-9B3C-452B-9BOF-F7E205A8255C SCOPE OF SERVICES I RECREATION PARK RENOVATION PROJECT 3/2i!2023 M carry out the work in accordance vrith the Contract Documents. The Architect shall not have control over or charge or acts or omissions of the Contractor, subcontractors, or their agents or employees, or of any other persons performing portions of the Wor'k- 20. RELIANCE: LPA shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and information furnished by the Client and (Client's) consultants. 21. ADDITIONAL SERVICES: Tasks not included in this Scope of Services but requested by the City of El Segundo shall be identified as such and billed at an Dourly rate unless a detailed Scope of Services proposal is requested. 22. SCOPE ADJUSTMENT: If there is an adjustment in schedule, scope. and budget, this will result in an add service. END OF SCOPE OF SERVICES DocuSign Envelope ID: 26B208A8-9B3C-452B-9BOF-F7E205A8255C Agreement No. 6631 Exhibit B SCOPE OF SERVICES I RECREATION PARK RENOVATION PROJECT 3/21!2023 PROPOSED COMPENSATION The following is the proposed compensation for the Scope of Services identified. The total dollar amount is an estimated fee based on an assumed construction cost of up $8A Million„ Tasks 000 -100 (Part One): 000 General (Included below) 010 Aerial Survey $ 27,918 100 Predesign / Conceptual Design $ 118,000 Total Service Fee (Tasks 000 -100): $ 145,918 Tasks 000 - 800 (Part One & Two): GRAND TOTAL FEE: $ 145,918 Reimbursable Allowance $ 12,000 Part Two Assumption: This proposal assumes and is contingent on LPA's services being procured by the City of E€ Segundo for the preparation of detailed design and construction documents for improvements within the defined project budget upon completion of Part 1 and pending direction of the desired scope by the City Council as an additional service. A detailed Scope of Services for Part 2 shall be provided pending clarification of the program items and scope. By engaging LPA for the Part 1 Conceptual Services, LPA is not precluded in any way in preparing any and all scope items as a supplement to the Part One services. Reimbursable expenses are in addition to the base compensation and typically run approximately S.i, - 10% of a total project fee. The reimbursable allowance will be billed only to the extent used, and typically include items requested by the City of El Segundo such as additional hard copy milestone review sets, in quantities over and above the minimum number of sets required under the agreement, These expenses are invoiced at cost plus ten percent as incurred. Supplemental Services: Due to the unknown nature of the requirements for Supplemental, no specific fee has been identified. Fees may be provided by LPA, as requested by the City of El Segundo, and pending clarification and requirement of the deliverables. Hourly Rates: In the event Additional Services are warranted due to a change in the project scope, LPA shall submit a proposal to the City of El Segundo for review and approval prior to proceeding with the services. Where possible, LPA shall submit a fixed fee proposal, but LPA may, at the City of El Segundo's option, perform services to be invoiced on an hourly basis. In that scenario, the following hourly rates will apply for professional service fees: BASIC HOURLY RATES Role Rate Principal $280.00 Discipline Director $260,00 Project Director $250.00 Project Leader $200.00 Design Coordinator II $170.00 Design Coordinator 1 $145.00 Designer III $135.00 Designer 1€ $120,00 Designer 1 $110.00 Intern $75.00 Support Roles Director $240.00 Manager $165.00 Senior Specialist $125.00 Specialist III $105.00 Specialist II $95.00 Specialist 1 $85.00 NOTE: These rates become effective February 26, 2022 and are subject to change annually. Billing / Payment: LPA shall invoice the City of El Segundo monthly for a percentage of the work completed consistent with the terms of the Contract. Payment is due thirty (30) days from the date of the invoice. LPA reserves the right to stop all current services and notify the City of El Segundo if payment is not received within thirty (30) days.