CONTRACT 7270 Professional Services AgreementAgreement No. 7270
PROFESSIONAL SERVICES AGREEMENT
FOR DESIGN SERVICES
BETWEEN
THE CITY OF EL SEGUNDO AND
KPFF INC.
ENG 25-06: DOG PARK SLOPE STABILIZATION
DESIGN SERVICES
This AGREEMENT is entered into this 5th day of March, 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 $48,850 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 bome by
CONSULTANT.
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Agreement No. 7270
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 March 5, 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
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. 7270
A. Exhibit A: Scope of Work and Fee Schedule
11. CHANGES. CITY may order changes in the services within the general scope of this
Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the
contract time will be adjusted accordingly. All such changes must be authorized in writing,
executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the
services will be determined in accordance with written agreement between the parties.
12. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a
Taxpayer Identification Number.
13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain
during the term of this Agreement, all necessary permits, licenses, and certificates that may be
required in connection with the performance of services under this Agreement.
14. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by
CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights
CITY may have under this Agreement or of any cause of action arising from CONSULTANT's
performance. A waiver by CITY of any breach of any term, covenant, or condition contained in
this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement, whether of the same or different
character.
15. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time
with or without cause.
B. CONSULTANT may terminate this Agreement at any time upon thirty days'
written notice.
C. Upon receiving a termination notice, CONSULTANT will immediately cease
performance under this Agreement unless otherwise provided in the termination
notice. Except as otherwise provided in the termination notice, any additional
work performed by CONSULTANT after receiving a termination notice will be
performed at CONSULTANT's own cost; CITY will not be obligated to
compensate CONSULTANT for such work.
D. Should termination occur, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by
CONSULTANT will, at CITY's option, become CITY's property, and
CONSULTANT will receive just and equitable compensation for any work
satisfactorily completed up to the effective date of notice of termination, not to
exceed the total costs under Section 1(C).
E. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
F. By executing this document, CONSULTANT waives any and all claims for
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Agreement No. 7270
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
negligence, recklessness, or willful misconduct of the CONSULTANT.
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Agreement No. 7270
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. 7270
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. 7270
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: David McGraw
KPFF, Inc.
700 S. Flower St., Suite 2100
Los Angeles, CA 90017
Phone: 213-418-0201
Email: david.mcgraw@kpff.com
If to CITY:
Attention: James Rice
City of El Segundo Public Works Dept.
350 Main St.
El Segundo, CA 90245
Phone: 310-524-2316
Email: jrice@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.
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.
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Agreement No. 7270
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 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.
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.
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
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Agreement No. 7270
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. 7270
IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and
year first hereinabove written.
CITY OF EL SEGUNDO
Darrell George
City Manager
ATTEST:
NTruaxL,—P
Su
City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
By: '-,
Joaquin V que, Assistant City Attorney
U
Insurance Reviewed by: AAA
KPFF, INC.
Name: Reza Rezaian, Principal
Title:
Name:
Title:
Taxpayer ID No.
91-0755897
City Business License No.:
39451
City of El Segundo PSA for Design Services Rev 5/7/24
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700 South Flower Street, Suite 2100 Los Angeles, CA 90077 213.418.0201 kpff.com
February 21, 2025
Mr. James Rice
Senior Associate Engineer
City of El Segundo - Public Works Department
350 Main Street
El Segundo, CA 90245
Re: City of El Segundo - Dog Park Erosion Slope Repair
Proposal for Civil Engineering Services
KPFF Job #2500121
Dear James:
We are pleased to submit this proposal for civil engineering services required for the above -
referenced project. This proposal is based on the following:
1) Geotechnical Design Report provided by GMU titled, "Rehabilitation of Slope Erosion
Between East Imperial Avenue and Imperial Highway, North of El Segundo Dog Park, El
Segundo, Los Angeles County, California," dated November 12, 2024.
21 Your request for proposal, dated February 12, 2024 and our subsequent e-mail
correspondence and telephone conversations.
We understand the project consists of regrading and stabilizing an eroded slope adjacent to the
City of El Segundo Dog Park located at 901 E Imperial Ave. in El Segundo, California. We
understand the geotechnical recommendations provided by GMU will be implemented into the
Civil design drawing. The preferred scenario is to use Geogrids to stabilize the slope.
We understand these improvements will be permitted through City of El Segundo and constructed
as an emergency repair, with plan approval expected in June 2025 and construction starting in July
2025. We understand the project has a budget of $300,000.
Agreement No. 7270
Mr. James Rice, City of El Segundo
City of El Segundo - Dog Park Erosion Slope Repair
Proposal for Civil Engineering Services
KPFF Job #2500121
February 21, 2025
Page 2of9
SCOPE W O
We propose the following scope of services:
Survey4g
A. Qe rf Surge
11 We will provide a boundary and topographic survey of the project site for design purposes.
2) The boundary component of this survey will include a field boundary, noting current
property lines and all easements of record as contained in a current, client -supplied title
report, for the property located at901 E Imperial Ave, El Segundo, CA 90245 (Note that the
Dog Park Area appears to be within the Imperial Highway Right of Way),.
3) The topographic component of this survey will be based on ground -edited survey data and
include the horizontal and vertical locations of all on site improvements as well as
elevations of landscape and hardscape areas within the survey limits shown on
Attachment C. for this survey include:
a) Finish floor elevations will be located for all accessible doorways of any existing onsite
buildings slated to remain after design, if accessible at the time of the survey.
b) Existing structures and improvements within the noted survey limits and elevations of
adjacent finish surfaces will be located to assist in determining join grades around the
property lines.
c) Utility features such as manholes and pull boxes, valves, fire hydrants, etc. from visible
evidence.
d) Heights and widths of walls/fences.
e) Inverts of area drains, sewer and storm drain manholes serving the subject property
and/or located within the topographic limits as shown on Attachment C, will be field
verified.
f) Trees greater than four inches in diameter will be located. Species and dripline
information are excluded from this scope.
g) Movable items such as storage containers, palleted items, trash bins, etc. will not be
surveyed or mapped.
h) Parking lot striping and street striping will not be located.
i) Street cross -sections are not needed at this time and will not be provided.
j) Contours will be provided at one -foot intervals, combined with spot elevations at
approximate 60-foot grid intervals for the landscape areas.
Agreement No. 7270
Mr. James Rice, City of El Segundo
City of El Segundo - Dog Park Erosion Slope Repair
Proposal for Civil Engineering Services
KPFF Job #2500121
February 21, 2025
Page 3 of 9
Civil Enai:neRrinfl
B. e Visit
a. To review current site conditions with City of El Segundo Public Works Department.
c. CjM Enc i rirlcq. Plan_Preparat"c
a. Incorporate the Geotechnical recommendations into the design drawings,
including:
i. Removal of slope debris.
ii. Create a slope key at equipment width wide.
iii. Bench into competent native soils.
iv. Place soils back and recompact as engineered fill.
v. Install 5XT Geogrids every 2 ft of the slope height.
vi. Compacted engineered fill soils placed above the key an in between
Geogrids.
vii. Engineered fill to be benched into the slope backcut.
b. Includes up to 3 separate progress set submittals.
D. En inee cstim Ig
t
a. To be provided at 100% Design Development.
E. Plan Check Cc-ora-ina °ire
a. Permitting through City of El Segundo Building Division.
b. Includes up to 3 rounds of Plan Check submittals, comment/responses.
F. Fiimal Bich P cka 9
a. 100% CD Plans, Bid Specifications, Final Engineer's Estimate.
A°SSUMPTIC N
We have made the following assumptions in the preparation of this proposal:
11 Bid Support and Construction Administration have been excluded from this proposal. A
separate proposal for this scope can be provided upon request.
Agreement No. 7270
Mr. James Rice, City of El Segundo
City of El Segundo - Dog Park Erosion Slope Repair
Proposal for Civil Engineering Services
KPFF job #2500121
February 21, 2025
Page 4 of 9
2) A complete, current, digital, detailed, ground -edited American Land Title Association
(ALTA) and topographic survey will be provided for our use. This scope is included in our
proposal.
3) 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.
41 A Geotechnical report including recommendations for grading, has been provided for our
use.
5) The project is not a multi -phased project. One set of construction documents will be
prepared for permit and construction.
61 There are no off -site improvements associated with this project. We have assumed any
coordination required with City of Los Angeles will be handled by the Public Works
Department.
71 City Parks Department will provide direction on proposed planting of the regraded slope.
8) There are no major utilities that will require relocation as a part of this project.
91 Existing sprinklers and irrigation lines within the work area will be replaced in -kind. Active
lines will need to be capped outside the limit of work, prior to construction.
101 The project will be modeled in three dimensions (3D). The civil engineering plans will be
developed using Civil 3D by Autodesk°.
11) This project is subject to Prevailing Wage compliance. Client will be asked for the
Department of Industrial Relations [DIR) project number prior to commencement of
compliance efforts. The DIR project number shall be obtained and provided to KPFF from
the project Owner a minimum of 72 hours in advance of scheduling field survey.
12) This is a traditional project delivery consisting of paper or electronic two-dimensional (2D)
contract documents and specifications. This delivery includes the 2D contract document
files in portable document format (PDF) or Autodesk AutoCAD (ACAD) format and the
specifications in either Microsoft Word or PDF format. Any three-dimensional [3D)
Modeling, Integrated Project Delivery, or coordination of these efforts would be
considered an additional service.
13) Client is responsible for providing a current title report together with a copy of all Record
Documents listed in Schedule "B" of these reports, and a copy of all documents referred
to in the Record Documents. The Client -provided title report embedded with links to all
aforementioned documents will be sufficient to satisfy this requirement.
Agreement No. 7270
Mr. James Rice, City of El Segundo
City of El Segundo - Dog Park Erosion Slope Repair
Proposal for Civil Engineering Services
KPFF job #2500121
February 21, 2025
Page 5 of 9
141 This proposal includes only the scope of work stated herein. Unless specifically included
as additional requirements by either the Client, Client's counsel, Client's lender, lender's
counsel, or Client's title company, additional services will be provided at an additional
cost and will be subject to negotiation.
15) Services to provide the location, length, and number of crossarms on existing power
poles are excluded from this scope.
16) Services to provide the basement limits, interiors, upper -level elevations, and roofs of
parking garages, and buildings are excluded from this scope.
17) Sufficient survey monumentation will be available at the controlling major intersections
and key elements of the underlying record maps. In the event that monumentation is
incomplete or deficient, these findings will be discussed in detail with Client. Additional
survey monumentation services may be provided at an additional cost and will be subject
to negotiation.
18) The setting of monuments or the filing of a Record of Survey have not been included in
the scope of services.
19) It is recommended that when, during the design stage, additional information is required
a consulting company specializing in locating underground utilities surveying be retained.
20) Record underground utility research and plotting to be performed by others and will be
overlaid on the survey for information purposes only.
21) Survey will be based on assumed coordinates unless directed otherwise prior to field
surveying efforts.
22) Elevations will be tied to the nearest local benchmark. Should a benchmark of record not
be within reasonable proximity to the subject site, elevations will be assumed.
23) The survey area will be accessible and clear of obstructions and when site access
coordination is needed, Client will provide contact information and required parking
permits in advance of field survey site crew dispatch.
Agreement No. 7270
Mr. James Rice, City of El Segundo
City of El Segundo - Dog Park Erosion Slope Repair
Proposal for Civil Engineering Services
KPFF Job #2500121
February 21, 2025
Page 6 of 9
FEE
We propose to accomplish the scope of work noted for the following lump sum amounts:
MUFA
A. Design Survey $17,000
ri Ei9629�
B. Site Visit $1,350
C. Civil Engineering Plan Preparation $21,250
D. Engineering Estimate $3,500
E. Plan Check Coordination $2,800
F. Final Bid Package $2,950
TOTAL $48,850
We propose to bill our services monthly based on a percentage completion basis.
Reimbursable expensesfor 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.
Agreement No. 7270
Mr. James Rice, City of El Segundo
City of El Segundo - Dog Park Erosion Slope Repair
Proposal for Civil Engineering Services
KPFF Job #2500121
February 21, 2025
Page 7of9
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:
af�zo
David McGraw, P.E. Name
Associate
Title
Attachments
Date
P.\2025\2500121\0 MARKET\PROPOSALS\2025-02-21 PRP 2500121.DOCX\2025-02-21\AC
Agreement No. 7270
Mr. lames Rice, City of El Segundo
City of El Segundo - Dog Park Erosion Slope Repair
Proposal for Civil Engineering Services
KPFF Job #2500121
February 21, 2025
Page 8 of 9
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
R a.
ONE -PERSON SURVEY CREW .................................................... $205.00
TWO -PERSON SURVEY CREW ................................................... $285.00
THREE -PERSON SURVEY CREW ................................................ $330.00
FIELD SURVEY - PREVAILING E..� AT
ONE -PERSON SURVEY CREW......................................................$215.00
TWO -PERSON SURVEY CREW....................................................$365.00
THREE -PERSON SURVEY CREW ........ -.... ___ .... ................... -$430.00
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. 7270
Mr. James Rice, City of El Segundo
City of El Segundo - Dog Park Erosion Slope Repair
Proposal for Civil Engineering Services
KPFF Job #2500121
February 21, 2025
Page 9 of 9
Attachment B
TERMS AND CONDITIONS
KPFF, Inc. ("KPFF"] shall perform the services outlined in this agreement pursuant to the stated fee arrangement.
1. ADDITIONAL SERVICES
Should the Scope of Services change from those set forth in the Agreement for Professional Services, the fee for such additional
services will be negotiated between Client and KPFF.
2. LIMITATION OF LIABILITY
To the greatest extent allowed by law, the aggregate liability of KPFF for any and all injuries, claims, demands, losses, expenses or
damages, of whatever kind, arising out of or in any way related to this Agreement or the services provided by KPFF on this project,
shall be limited to $50,000 or the total fee received by KPFF pursuant to this Agreement, whichever is greater. Further, no officer,
director, shareholder or employee of KPFF shall bear any personal liability to Client for any and all injuries, claims, demands, losses,
expenses or damages, of whatever kind or character, arising out of or in any way related to this Agreement or the services
provided by KPFF on this project.
3. MEDIATION
All disputes between Client and KPFF arising out of or relating to this Agreement shall be submitted to nonbinding mediation prior
to commencement of any other judicial proceeding.
4. SUSPENSION OF SERVICES
If Client fails to make payments to KPFF in accordance with this Agreement, such failure shall provide KPFF the option to suspend
performance of services under this Agreement: upon seven (7) days' written notice to Client. In the event of a suspension of
services, KPFF shall have no liability for any delays or damages caused because of such suspension. Before resuming services,
KPFF shall be paid all sums due prior to suspension and any expenses incurred by KPFF in the interruption and resumption of its
services. KPFF's fees for the remaining services and time schedules shall be equitably adjusted. If any invoice is in dispute, Client
shall pay under written protest to keep the project on schedule and resolve the payment dispute after substantial completion.
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 due] 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.
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