CONTRACT 7271 Professional Services AgreementAgreement No. 7271
PROFESSIONAL SERVICES AGREEMENT
FOR DESIGN SERVICES
p� BETWEEN
THE CITY OF EL SEGUNDO AND
KPFF, INC.
SW 23-01 SANDHILL BASIN IMPROVEMENT PROJECT
PHASE 2: CONSTRUCTION ADMINISTRATION
This AGREEMENT is entered into this 2"d day of February, 2025, by and between the
CITY OF EL SEGUNDO, a municipal corporation and general law city ("CITY") and KPFF, Inc. a
Washington Corporation ("CONSULTANT").
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 $9,100 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.
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Agreement No. 7271
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. 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 February 1, 2025 to June 30, 2026 unless
otherwise terminated pursuant to Section 14.
9. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:.
CONSULTANT furnishes proof of insurance as required under Section 21
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:
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Agreement No. 7271
A. Exhibit A: Scope or 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, 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.
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Agreement No. 7271
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, 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
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Agreement No. 7271
negligence, recklessness, or willful misconduct of the CONSULTANT.
C. For purposes of this section "CITY" includes CITY's officers, officials, employees,
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:
Type of Insurance
Commercial general liability:
Professional Liability
Business automobile liability
Workers compensation
City of El Segundo PSA for Design Services
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Limits
$2,000,000
$1,000,000
$1,000,000
Statutory requirement
Rev 5/7/24
Agreement No. 7271
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
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. 7271
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:
Attention: Jeff Gavazza
KPFF, Inc.
700 S Flower St., Ste. 2100
Los Angeles, CA 90017
Phone 213-418-0201
Email jeff.gavazza@kpff.com
If to CITY:
Attention: Cheryl Ebert
City of El Segundo Public Works Dept.
350 Main Street
El Segundo, CA 90245
Phone 310-524-2321
Email 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. PROHIBITED USE OF ARTIFICIAL INTELLIGENCE.
A. Restriction on Artificial Intelligence Usage. CONSULTANT must not utilize,
employ, or incorporate any form artificial intelligence, machine learning, or other
similar technologies (collectively, "Al") in the provision of professional services in
this Agreement without CITY's express written consent.
B. Exclusions. The Al prohibition set forth directly above will not apply to general
business tools and software that may have Al components but are not directly
involved in the execution or delivery of professional services that this Agreement
covers, provided that such tools and software do not significantly impact the
quality or nature of such services.
C. Notification. CONSULTANT must promptly notify CITY, in writing, of any
proposal to employ Al in connection its provision of services to the CITY under
this Agreement. CITY will have the sole discretion to grant or deny such
proposal.
27. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and
regulations including, without limitation, CITY's conflict of interest regulations.
28. 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.
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Agreement No. 7271
29. 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.
30. INTERPRETATION. This Agreement was
with the laws of the State of California, and
agreement will be in Los Angeles County.
drafted in and will be construed in accordance
exclusive venue for any action involving this
31. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and
local laws applicable to this Agreement.
32. 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 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.
33. 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.
34. 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.
35. 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.
36. ELECTRONIC SIGNATURES; SIGNATURE AUTHORITY. 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. CONSULTANT
warrants that its signatory (or signatories, as applicable) to this Agreement has the legal
authority to enter this Agreement and bind CONSULTANT accordingly.
37. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
38. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this
Agreement.
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Agreement No. 7271
39. 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.
40. 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. 7271
IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and
year first hereinabove written.
CITY OF EL SEGUNDO
69le""I'Ll
Elias Sassoo
Public Works Director
ATTEST:.
usar Truax,
City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
KPFF, INC.
Name: Jeff Gavazza
Title: Principal
Name:
Title:
Taxpayer ID No. 91-0755897
City Business License No.: 39451
By:
Joaquin V quez, Assistant City Attorney
Insurance Reviewed by:
City of El Segundo PSA for Design Services Rev 5/7/24
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EXHIBIT A
700 South Flower Street, Suite 2100 Los Angeles, CA 90017 213.418.0201 kpff.com
January 20, 2025
Ms. Cheryl Elbert, P.E.
Senior Civil Engineer
City of El Segundo
350 Main Street
EI Segundo, CA 90245
Re: El Segundo Sandhill Basin - Construction Administration
Revised Proposal for Additional Civil Engineering Services
KPFF job #2200388.01
Dear Cheryl:
We are pleased to submit this revised proposal for additional civil engineering services required
for the above -referenced project. This proposal is based on the email sent on November 4, 2024,
to extend the Construction Administration services as the previous contract has expired.
We understand the project consists of reconstructing the existing Sandhill Basin spillways located
in the city of El Segundo, California. Construction will follow the El Segundo Sandhill Basin
Assessment construction documents dated November 26, 2024, prepared by KPFF Consulting
Engineers.
The construction schedule is estimated to be 2 months.
SCOPE OF WORK
We propose the following scope of civil engineering services:
aj Provide support for approval and obtaining permits from the City of El Segundo for the
civil engineering scope of work. Plan check submittals to the city are not included in
the scope of work.
bj City of El Segundo project manager will take the lead in plan submission and
permitting. KPFF will operate in a supporting role.
cj Provide support during the bid phase. One pre -construction meeting is included.
dl Resnond to bid RFI as reauired.
Agreement No. 7271
Ms. Cheryl Elbert, P.E., City of El Segundo
El Segundo Sandhill Basin - Construction Administration
Revised Proposal for Civil Engineering Services
KPFF job #2200388.01
January 20, 2025
Page 2 of 10
2) Const ctior-L Adr inistr tlOn.
a] Provide support during construction to answer requests for information (RFIs), review
submittals, and process change orders.
b] Assist in coordinating with LADWP regarding the new.
c) Attend web -based meetings with the contractor and the City of El Segundo, as
required. Including easement discussions with LADWP.
d] Up to five site visits are accounted for the duration of the project construction. Not
including punch -walk site visit.
e) Visit the Site for a final punch -walk.
f] Provide record drawings based on contractor's redlines.
g] Assist in project close-out.
h) Provide an operation and maintenance manual for the basin spillways.
Please refer to Attachment B for a description of our proposed scope of civil engineering services,
ASSUM-PTIOS.
We have made the following assumptions in the preparation of this proposal:
1) Compliance with the National Pollutant Discharge Elimination System (NPDES) general
permit for storm water discharges associated with construction and land disturbance
activities requires the preparation of documents, including a Storm Water Pollution
Prevention Plan (SWPPP), to be submitted to the State of California Water Resources
Control Board (SWRCB) for most projects.
Compliance with the National Pollutant Discharge Elimination System (NPDES) general
permit for storm water discharges associated with construction and land disturbance
activities requires the preparation of documents, including a Storm Water Pollution
Prevention Plan (SWPPP), to be submitted to the State of California Water Resources
Control Board (SWRCB) for most projects. We understand that the area of land
disturbance is less than one acre and that a SWPPP will not be required. Accordingly,
preparation of a SWPPP and the role of the Qualified SWPPP Developer (QSD] are not
included in the scope of this proposal.
Agreement No. 7271
Ms. Cheryl Elbert, P.E., City of El Segundo
El Segundo Sandhill Basin - Construction Administration
Revised Proposal for Civil Engineering Services
KPFF job #2200388.01
January 20, 2025
Page 3 of 10
FEE
We propose to accomplish the scope of work noted for a lump sum of $9,100.
We propose to bill our services monthly based on a percentage completion basis.
REIM UR ABLE NXPEENSES'TS. TERMS.
-ANC CCi�MI «
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 C.
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, Accepted By:
40iT
Jose Noriega, P.E. Name
Associate
Attachment
Title
Date
P:\2022\2200388\0 Market\0.4 KPFF Proposals + Add Services\2025-01-20 PRP REV ADD 2200388.01\2025-01-20\FS
Agreement No. 7271
Ms. Cheryl Elbert, P.E., City of El Segundo
El Segundo Sandhill Basin - Construction Administration
Revised Proposal for Civil Engineering Services
KPFF Job #2200388.01
January 20, 2025
Page 4 of 10
Attachment A
KPFF CONSULTING ENGINEERS
LOS ANGELES CIVIL DIVISION
HOURLY RATE SCHEDULE
2025
PRINCIPAL-IN-CHARGE................................................................ $300.00
SENIOR CIVIL ENGINEER...............................................................$245.00
PROJECTMANAGER........................................................................$225.00
PROJECT ENGINEER/PROJECT SURVEYOR.....„.......„ ....... .........
$190.00
DESIGN ENGINEER/SURVEY ANALYST.....................................$175.00
CHIEF CAD OPERATOR.................................................................$200.00
DRAFTER/CAD OPERATOR...... .... $175.00
ADMINISTRATIVE SUPPORT ... ............ .................... ,....................
$120.00
FIELD SURVEY
(Prevailing wage rates available upon request)
ONE -PERSON SURVEY CREW........„ ...........................__.......—
$205.00
TWO -PERSON SURVEY CREW ..... ......... ...........................,....„.„„..$285.00
THREE -PERSON SURVEY CREW .........„,.,,„....„...........,- ...............
$330.00
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. 7271
Ms. Cheryl Elbert, P.E., City of El Segundo
El Segundo Sandhill Basin - Construction Administration
Revised Proposal for Civil Engineering Services
KPFF Job #2200388.01
January 20, 2025
Page 5 of 10
Attachment B
Civil Engineering Scope of Services
El Segundo Sandhill Basin - Construction Administration
KPFF Consulting Engineers has expertise in the civil engineering services required for public and
private site development projects of all sizes. Our project responsibilities often include siting and
feasibility studies, master planning and environmental permitting as well as land use planning and
permitting. KPFF offers a full range of design services including site layout plans, grading,
drainage, storm water detention, utility improvements, and off -site street and infrastructure
improvements. Shown below is our understanding of the scope of work which is required for this
project. If this scope is to be modified, we will be glad to revise our fee proposal to reflect any
such change.
This is an exhibit attached to and made part of Agreement dated January 20, 2025 between
El Segundo Sandhill Basin
- Construction
KPFF Consulting Engineers and City Of El Segundo for Administration
(CER] (Owner) (Project)
The services of the Civil Engineer of Record [CER] for this proposal include those summarized
below.
Scope of CER's Basic Services
Included Inc u t
Remarks
2.2 SCHEMATIC DESIGN PHASE
2.2.1 a. Confirm Scope of Civil Services
✓
b. Assist in Development of Schedule
✓
c. Assist in Determining Channels of Communication
d. Confirm Number of Meetings and Number of Site
Visits
✓
✓
e. Confirm Fees and Payment Schedule
f. Execute Contract
✓
✓
2.2.2 a. Attend Meetings
✓
b. Establish Civil Design Criteria
✓
c. Establish Civil Systems
✓
d. Provide Civil Criteria for Geotechnical Consultant
✓
e. Assist in Determining Need for Special Studies
✓
f. Consult with Public Agencies
✓
Agreement No. 7271
Ms. Cheryl Elbert, P.E., City of El Segundo
El Segundo Sandhill Basin — Construction Administration
Revised Proposal for Civil Engineering Services
KPFF Job #2200388.01
January 20, 2025
Page 6 of 10
Scope of CER's Basic Services
Included
Inc u t
Remarks
g. Coordinate with the Architect to Develop Site Master
✓
Grade Scheme
h. Coordinate with the Architect and Mechanical
✓
Engineer for Establishing Utility Points of Connection
2.2.3 a. Prepare Schematic Opinion of Probable Construction
✓
Costs
b. Prepare Schematic Design Documents
✓
1. Prepare Prelimina Grading Drawings
✓
2. Prepare, Preliminary Drainage and Utili Routin
✓
3. Coordinate with the Architect in the Initiation of
✓
Permits
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 a. Attend Meetings
✓
b. Prepare Design Development Documents
✓
1. Prepare PreliminaEy Grading and Drainage Plan
✓
2. Prepare Preliminary Foundation Drainage for Site
✓
Retaining Walls and Below -Grade Building Walls
3. Prepare Preliminary Below -Slab De-Waterin Plan
✓
4. Prepare Preliminary Utility Plan for Water, Fire
Protection, and Sanitary Sewer from Five Feet
✓
Outside of the Building to Proposed Point of
Connection
5. Prepare Preliminary Pavino Plan
✓
c. Prepare or Edit Outline Specifications for Civil
✓
Sections
d. Consult with the Public A encies as Required
✓
e. Submit Design Development Documentation for
✓
A2proval
2.3.2 Revise Schematic Opinion of Probable Construction
✓
Costs
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 a. Prepare Civil Design
✓
b. Attend Meetings
✓
c. Assist in Coordination with Public Agencies as
✓
Required.
d. Complete Civil Drawin s
✓
1. Temporary Erosion and Sediment Control Plan
✓
Agreement No. 7271
Ms. Cheryl Elbert, P.E., City of El Segundo
El Segundo Sandhill Basin — Construction Administration
Revised Proposal for Civil Engineering Services
KPFF Job #2200388.01
January 20, 2025
Page 7 of 10
Scope of CER's Basic Services
Included
Inc u t
Remarks
2. Utility Plan for Water, Fire Protection, and
Sanitary Sewer Extensions from Five Feet
✓
Outside of the Building to Proposed Point of
Connection
3. Horizontal Control and Paving Plans
✓
4. Grading and Drainage Plans Including Foundation
Drainage, Roof Drain Connections, and Storm
✓
Water Treatment Facilities as Defined in the
Previous Sections
e. Prepare or Edit Specifications for Civil Sections
✓
f. Pre are Final,Hydrology Report
✓
g. Perform Services Related to the National Pollutant
See below.
Discharge Elimination System (NPDES) Construction
Permit Process:
1. Preparation of Storm Water Pollution Prevention
Plan (SWPPP) Document and Preparation of
✓
Preliminary Project Registration Documents
PRD for Filing by the Owner
2. Assist in the Filing of Permits for the Permanent or
✓
Temporary Discharge of Groundwater
h. Prepare Storm Water Management Plan/Low Impact
✓
Develo ment LID Plan
2.4.2 Revise Design Development Opinion of Probable
✓
Construction Costs
2.5 BID AND APPROVAL PHASE
2.5.1 a. Assist in Filing Construction Documents for Approval ✓
by Public Official
b. Make Revisions to Construction Documents as ✓
Required by Public Official
2.5.2 a. Assist in Evaluating Bidders Qualifications ✓
b. Provide Civil Addenda and Clarifications ✓
r Attend Pre-Riri rnnferenre ✓
As required.
d. Assist in Bid Evaluation ✓
2.6 CONSTRUCTION PHASE — ADMINISTRATION OF THE CONSTRUCTION CONTRACT
2.6.1 Attend Pre -Construction Meetin
✓
2.6.2 Make Site Visits at Intervals Appropriate to the Stages of
Construction and Prepare Site Visit Reports
✓
As required. 5 site visits are included.
2.6.3 Assist in determining the Amounts Due the Contractor
for the Civil Work/Evaluate Pay Requests
✓
2.6.4 Provide Interpretations of Civil Construction ✓
Documents/Respond to Requests for Information
Agreement No. 7271
Ms. Cheryl Elbert, P.E., City of El Segundo
El Segundo Sandhill Basin — Construction Administration
Revised Proposal for Civil Engineering Services
KPFF job #2200388.01
January 20, 2025
Page 8 of 10
Scope of CER's Basic Services
Included
In u t
Remarks
2.6.5 Provide Recommendations Regarding Claims, Disputes,
and Other Matters Relating to Execution or Progress of
✓
the Civil Work
2.6.6 Assist in Determining Whether Non -Conforming Civil
✓
Work Shall be Rejected
2.6.7 Assist in Preparing Change Orders Relating to the Civil
✓
Work
2.6.8 Assist in Conducting Site Walk to Determine Substantial
✓
Completion of the Civil Work Surface Features
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Provide Special Studies
✓
3.4.2 Provide Land Surveys
✓
3.4.3 Provide Design of Site Retaining Walls
✓
3.4.4 Provide Fire Department Access Plan
✓
3.4.5 Provide Services Relative to Future Facilities, Systems,
✓
and Equipment
3.4.6 Provide Service to Investigate Existing Conditions or
✓
Facilities, or to Make Measured Drawings Thereof
3.4.7 Provide Coordination of Construction Performed by
✓
Separate Contractors or by Owner's Forces
3.4.8 Provide Services Regarding Work of a Construction
✓
Manager or Separate Consultants Retained by Owner
3.4.9 Provide Detailed Estimates of Construction Cost
✓
3.4.10 Prepare Record Drawings
Record drawings will be based on red-
✓
lined drawings provided by owner or
contractor.
3.4.11 Provide Services of Sub -Consultants
✓
3.4.12 Provide Services Related to Off -Site Improvements
✓
a. Storm Water Facilities
b. Road Widenin
✓
c. Bicycle Paths
✓
d. Traffic Si nals
✓
e. Street Dedications
✓
f. Street Lighting✓
g. Striping Plans
✓
h. Sewer Im rovements
✓
I. Water Improvements
✓
I. Miscellaneous
✓
Agreement No. 7271
Ms. Cheryl Elbert, P.E., City of El Segundo
El Segundo Sandhill Basin — Construction Administration
Revised Proposal for Civil Engineering Services
KPFF Job #2200388.01
January 20, 2025
Page 9 of 10
Scope of CER's Basic Services
Included
Inc u t
Remarks
3.4.13 Traffic Studies
✓
3.4.14 Franchise Utility Coordination — Includes Natural Gas
✓
Lines, Power and Communications Conduits, etc.
a. Assist the Owner in Coordinating the Abandonment
✓
and/or Relocation of Existing Franchise Utilities
b. Prepare a Combined Site Utility Plan. Please Note
the Combined Plan will Show the Horizontal
Alignment Only of the Franchise Utilities. Detailed
✓
Design of These Items Is to Be Accomplished by
Others
3.4.15 Underground Mechanical Systems Coordination —
Includes Coordination of Chilled Water Lines, Steam
Lines, Distilled Water, etc. Please Note that
✓
Coordination Includes Horizontal Alignment Only.
Detailed Design of These Items Is to Be Accomplished
by Others.
3.4.16 Design of Sewer Seepage Pits, Septic Tanks, or Leech
✓
Fields
3.4.17 Design of Water Wells
✓
3.4.18 Prepare Demolition Documents
✓
3.4.19 Prepare Excavation Documents/Rough Grading Plans
✓
3.4.20 Prepare Studies of Alternative Site Plans
✓
3.4.21 Flood, Plain, Wetland, or Environmental Work
✓
3.4.22 Design of Lift Stations for Sanitary Sewer or Storm
✓
Drainage Systems
3.4.23 Design of Booster Pumps for Inadequate Water
✓
Pressure
3.4.24 Intensive Research and Testing to Determine Conditions
of Existing Site Utilities (e.g., Potholing, Smoke Testing,
✓
D e Testing, Pressure Testing, and Video Testing)
3.4.25 Assist the General Contractor with the Design and
✓
Permits Associated with Construction Site Dewaterin
3.4.26 Design and Documentation Relative to Special Storm
Water Detention and Treatment Systems Required to
✓
Obtain LEED Credits
Agreement No. 7271
Ms. Cheryl Elbert, P.E., City of El Segundo
El Segundo Sandhill Basin - Construction Administration
Revised Proposal for Civil Engineering Services
KPFF job #2200388.01
January 20, 2025
Page 10 of 10
Attachment C
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 other judicial proceeding.
4. SUSPENSION OF SERVICES
If Client fails to snake payments to KPFF in accordance witl°n 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.
S. 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.
6. 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. So long as Client performs all of its obligations under this Agreement,
including without limitation, payment of all sums owed to KPFF and its consultants, KPFF grants a revocable, royalty -free license to
Client to use the Instruments of Service for the limited purpose of facilitating the design, construction, or maintenance of the
Project. The Instruments of Service are not to be used on other projects or extensions to this project except by agreement in
writing. Any unauthorized use or modifications to the Instruments of Service absent written approval by KPFF shall be at the sole
risk of the Client and without liability to KPFF. Client shall indemnify, immediately defend, and hold KPFF harmless from and against
any and all losses, claims, or damages arising out of or related to such subsequent use or modification, other than to the extent
such losses arise out of the sole negligence or willful misconduct of KPFF.
7. CONTRACT AND CONTRACT ADMINISTRATION
KPFF's review of contractor's shop drawings shall be for the limited purpose of checking general conformance with the Contract
Documents. KPFF expressly disclaims any responsibility for contractor or subcontractor construction means and methods and
Client acknowledges contractor's ultimate responsibility for constructing the Project in conformance with the Contract Documents.
KPFF's presence on the site is for the limited purpose of providing observation and does not include responsibility for supervision or
direction of the actual work of the contractor, its employees, or agents, nor under any circumstances shall Consultant be
responsible for the means and methods of construction, or site safety, which is solely within the purview of others.
8. 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.
9. 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 Clue) without the prior written consent of the other party.
10. 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).
11. WAIVER OF CONSEQUENTIAL DAMAGES
To the fullest extent permitted by law, the Parties waive any entitlement to recovery of consequential damages for any act, error,
or omission arising out of or related to this Agreement.