CONTRACT 7378 Professional Services AgreementAgreement No. 7378
05/2025
PROFESSIONAL SERVICES AGREEMENT
FOR DESIGN SERVICES
BETWEEN
THE CITY OF EL SEGUNDO AND
KPFF INC.
ENG 25-12: DOG PARK DRAINAGE DESIGN SERVICES
This AGREEMENT is entered into this 9t' day of July 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 $48,500 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
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cure any shortcomings to CITY's satisfaction. Costs associated with curing the
deficiencies will be borne by CONSULTANT.
4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement,
CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and
hourly 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 July 1, 2025, to June 30, 2026
unless otherwise terminated pursuant to Section 15.
9. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
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CONSULTANT furnishes proof of insurance as required under
Section 22 of this Agreement; and
CITY gives CONSULTANT a written notice to proceed.
B. Should CONSULTANT begin work on any phase in advance of receiving
written authorization to proceed, any such professional services are at
CONSULTANT's own risk.
10.CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the
main body of this Agreement takes precedence over the attached Exhibits; this
Agreement supersedes any conflicting provisions. Any inconsistency between the
Exhibits will be resolved in the order in which the Exhibits appear below:
A. Exhibit A: Scope of Work and Fee Schedule
11. CHANGES. CITY may order changes in the services within the general scope of
this Agreement, consisting of additions, deletions, or other revisions, and the contract
sum and the contract time will be adjusted accordingly. All such changes must be
authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY
resulting from changes in the services will be determined in accordance with written
agreement between the parties.
12.TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a
Taxpayer Identification Number.
13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and
maintain during the term of this Agreement, all necessary permits, licenses, and
certificates that may be required in connection with the performance of services under
this Agreement.
14. WAIVER. CITY's review or acceptance of, or payment for, work product prepared
by CONSULTANT under this Agreement will not be construed to operate as a waiver of
any rights CITY may have under this Agreement or of any cause of action arising from
CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant,
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 (30)
days written notice.
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C. Upon receiving a termination notice, CONSULTANT will immediately
cease performance under this Agreement unless otherwise provided in the
termination notice. Except as otherwise provided in the termination notice,
any additional work performed by CONSULTANT after receiving a
termination notice will be performed at CONSULTANT's own cost; CITY
will not be obligated to compensate CONSULTANT for such work.
D. Should termination occur, all finished or unfinished documents, data,
studies, surveys, drawings, maps, reports and other materials prepared by
CONSULTANT will, at CITY's option, become CITY's property, and
CONSULTANT will receive just and equitable compensation for any work
satisfactorily completed up to the effective date of notice of termination,
not to exceed the total costs under Section 1(C).
E. Should the Agreement be terminated pursuant to this Section, CITY may
procure on its own terms services similar to those terminated.
F, By executing this document, CONSULTANT waives any and all claims for
damages that might otherwise arise from CITY's termination under this
Section.
16.OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps,
models, photographs and reports prepared by CONSULTANT under this Agreement are
CITY's property. CONSULTANT may retain copies of said documents and materials as
desired but will deliver all original materials to CITY upon CITY's written notice. CITY
agrees that use of CONSULTANT's completed work product, for purposes other than
identified in this Agreement, or use of incomplete work product, is at CITY's own risk.
17. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service
under this Agreement, no copies, sketches, or graphs of materials, including graphic art
work, prepared pursuant to this Agreement, will be released by CONSULTANT to any
other person or public CITY without CITY's prior written approval. All press releases,
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
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person or property arising from, pertaining to, or relating to the
negligence, recklessness, or willful misconduct of CONSULTANT or
any of CONSULTANT's officers, agents, employees, or
representatives. CONSULTANT's duty to defend consists of
reimbursement of defense costs incurred by CITY in direct proportion to
the CONSULTANT's proportionate percentage of fault. CONSULTANT's
percentage of fault will be determined, as applicable, by a court of law,
jury or arbitrator. In the event any loss, liability or damage is incurred by
way of settlement or resolution without a court, jury or arbitrator having
made a determination of the CONSULTANT's percentage of fault, the
parties agree to mediation to determine the CONSULTANT's
proportionate percentage of fault for purposes of determining the amount
of indemnity and defense cost reimbursement owed to the CITY;
CONSULTANT and CITY must each pay half the mediator's fees.
Notwithstanding the above, in the event one or more defendants to a
Claim is unable to pay its share of defense costs due to bankruptcy or
dissolution of the business, the CONSULTANT must meet and confer with
the CITY regarding unpaid defense costs.
B. Defense For All Non -Design Professional Liabilities. Notwithstanding the
foregoing and without diminishing any rights of the CITY under subsection
A, for any liability, claim, demand, allegation against CITY arising out of,
related to, or pertaining to any act or omission of CONSULTANT, but
which is not a design professional service, CONSULTANT must defend,
indemnify, and hold harmless Indemnitees from and against any and all
damages, costs, expenses (including reasonable attorneys' fees and
expert witness fees), judgments, settlements, and/or arbitration awards,
whether for personal or bodily injury, property damage, or economic injury,
to the extent that they arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the CONSULTANT.
C. For purposes of this section "CITY" includes CITY's officers, officials,
employees, 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.
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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 Limits
Commercial general liability: $2,000,000
Professional Liability $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement
B, Commercial general liability ("CGL") insurance must meet or exceed the
requirements of ISO-CGL Form No. CG 00 01 04 13, or equivalent,
covering CGL on an "occurrence" basis, including property damage, bodily
injury and personal & advertising injury with limits no less than $2,000,000
per occurrence. If a general aggregate limit applies, either the general
aggregate limit shall apply separately to this project/location (ISO CG 25
03 or 25 04) or the general aggregate limit shall be twice the required
occurrence limit.
C. Professional liability coverage will be on an "occurrence basis" if such
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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, For automobiles, the insurance must meet or exceed the requirements of
Insurance Services Office Form Number CA 0001 covering Code 1 (any
auto), or, if CONSULTANT provides proof of a personal automobile policy,
such personal policy must include and indicate business venture coverage
with limits no less than $1,000,000 per accident for bodily injury and
property damage. If CONSULTANT has no owned autos, Code 8 (hired)
and 9 (non -owned), with limits no less than $1,000,000 per accident for
bodily injury and property damage must be included in coverage. If
CONSULTANT does not use an auto for any component of this
Agreement's performance, then CONSULTANT must sign and submit the
form attached as Exhibit "B" to CITY before carrying out work under this
Agreement.
E. 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, and the notice must include any necessary
endorsement to facilitate such notice to CITY.
F. 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 Additional 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."
G. Required insurance endorsement language is as follows:
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Additional Insured Endorsement with this language: "The City of El
Segundo, its elected and appointed officials, employees, and
volunteers as additional insureds."
ii. Cancellation Endorsement with this language: "The City of El
Segundo will receive thirty (30) days written notice in the event of
cancellation, nonrenewed or reduction."
iii, Primary and Non -Contributory Endorsement with this language:
"Coverage is primary and non-contributory such that any other
insurance that may be carried by the City will be excess thereto."
H. 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.
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
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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. BACKGROUND CHECK; FINGERPRINTING; ASSOCIATED TRAINING. If
CONSULTANT's work involves contact with minors, before conducting any performance
of this Agreement, all Seller's employees, subcontractors, volunteers, or other agents
that will perform CONSULTANT's work under this Agreement must submit to and pass
a background/fingerprint investigation conducted or approved by City. CONSULTANT
affirms and attests that its employees, subcontractors, volunteers, or other agents that
will perform CONSULTANT's work under this Agreement have completed training in
child abuse and neglect identification and training in child abuse and neglect reporting,
which may be met by completing the online mandated reporter training provided by the
Office of Child Abuse Prevention in the State Department of Social Services.
CONSULTANT affirms and agrees that the background and reporting training will be
completed before beginning performance under this Agreement. Upon City request,
CONSULTANT will promptly furnish proof of completion of such mandated reporter
training to City, but in no event no later than two business days following City's request.
29. 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.
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Should CONSULTANT breach or violate this warranty, CITY may rescind this
Agreement without liability.
30.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.
31.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.
32. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state,
and local laws applicable to this Agreement.
33. 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.
34. 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.
35. 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.
36.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.
37. 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
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Agreement No. 7378
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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.
38. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience
of reference only and will not affect the interpretation of this Agreement.
39.TIME IS OF ESSENCE. Time is of the essence for each and every provision of this
Agreement.
40. 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.
41.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. 7378
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IN WITNESS WHEREOF the parties hereto have executed this Agreement the
day and year first hereinabove written.
CITY OF EL SEGUNDO
M
Darrell George
City Manager
ATTEST:
Sus 'n Truax,
City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
By: M 1 �3 r.-/
D id King, A sis nt City Attorney
KPFF, INC.
A�vw
Name: Reza Rezaian
Title: Principal
Name:
Title:
91-0755897
Taxpayer ID No.
Insurance Reviewed Mom b :Y �.00�.
Mary S aron Brennan, Risk Manager
City of El Segundo PSA for Design Services
Page 12
EXHIBIT A
700 South Flower Street, Suite 2700 Los Angeles, CA 90017 213.478.0201 kpff.com
July 9, 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 Grading & Drainage Improvements
Proposal for Additional Civil Engineering Services
KPFF Job #2500121.01
Dear James:
We are pleased to submit this proposal for additional 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 email
correspondence and telephone conversations.
3) Site Walk with City of El Segundo Public Works Department on May 22, 2025.
We understand the project consists of grading and drainage improvements 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
drawings. The project will collect surface runoff within the Dog Park and direct it away from the
slope area to the north. Minor regrading will be required, and surface runoff will need to be
collected at the top of slope and diverted to a storm water treatment area to the east to satisfy
the Low Impact Development (LID) requirements. We understand a new perimeter fence will be
required, or sections of the existing fence will need to be replaced as part of the project.
We understand these improvements will be permitted through City of El Segundo Building Safety
Department. We understand the project has a construction budget of $200,000.
Agreement No. 7378
Mr. James Rice, City of El Segundo
City of El Segundo - Dog Park Grading & Drainage Improvements
Proposal for Additional Civil Engineering Services
KPFF job #2500121.01
July 9, 2025
Page 2 of 6
We propose the following scope of civil engineering services:
a. Design drawings will include demolition, erosion control, grading & drainage, Low
Impact Development (LID), paving and details.
b. Includes up to 3 separate progress set submittals.
B. �0 �geltlmat
a. To be provided at 100% Design Development.
a. Permitting through City of El Segundo Building Safety Division.
b. Includes up to 3 rounds of Plan Check submittals, comment/responses.
a. 100% CD Plans, Bid Specifications, Final Engineer's Estimate.
ASSUMPTIONS,
We have made"the following assumptions in the preparation of this proposal:
1) Bid Support and Construction Administration have been excluded from this proposal. A
separate proposal for this scope can be provided upon request.
2) A complete, current, digital, detailed, ground -edited American Land Title Association
(ALTA) and topographic survey will be provided for our use. The survey has been provided
by KPFF.
31 Local storm water regulations will be addressed as part of the project. A portion of the site
will be allocated for storm water management features.
4) 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.
5) A Geotechnical report including recommendations for grading, has been provided for our
use.
Agreement No. 7378
Mr. James Rice, City of El Segundo
City of El Segundo - Dog Park Grading & Drainage Improvements
Proposal for Additional Civil Engineering Services
KPFF job #2500121.01
July 9, 2025
Page 3 of 6
6) The project is not a multi -phased project. One set of construction documents will be
prepared for permit and construction.
7) 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.
8) City Parks Department will provide direction on any proposed planting within the project
limits.
9) There are no major utilities that will require relocation as a part of this project.
101 Existing sprinklers and irrigation lines within the work area will be protected in place.
111 The project will be modeled in three dimensions (31)). The civil engineering plans will be
developed using Civil 3D by Autodesk°.
FEE
We propose to accomplish the scope of work noted for the following amounts:
p+i/ r7 ir�rnr
C. Civil Engineering Plan Preparation (hourly not -to -exceed max]
$37,000
D. Engineering Estimate (lump sum)
$3,500
E. Plan Check Coordination (lump sum)
$4,500
F. Final Bid Package (lump sum)
$3,500
TOTAL
$48,500
We propose to bill our services monthly based on a percentage completion basis.
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Reimbursable expenses for messenger and delivery services, reproduction for other than in-house
check prints and plots, and travel expenses (parking, mileage, rideshare and taxi services, airfare,
lodging, etc.) made by KPFF in the interest of the project are separate from our fees and will be
billed at cost. All other services that are considered as additional services (beyond the scope of
work noted herein) will be billed on an hourly basis per our standard hourly rates. Please refer to
Attachment A for our current hourly rate schedule.
Please note that we anticipate payment of invoices within 30 days of the invoice date. A monthly
service charge of 1.5 percent of the unpaid balance (18 percent true annual rate) will be added to
past due accounts. KPFF reserves the right to terminate the performance of the service without
waiving any claims or right against the client and without liability whatsoever if payment is past
due the 30-day period.
We propose that all other terms and conditions will be as provided in the Terms and Conditions
document as shown in Attachment B.
Agreement No. 7378
Mr. James Rice, City of El Segundo
City of El Segundo - Dog Park Grading & Drainage Improvements
Proposal for Additional Civil Engineering Services
KPFF Job #2500121.01
July 9, 2025
Page 4 of 6
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:
O?�io --
David McGraw, P.E. Name
Associate
Title
Attachments
Date
P:\2025\2500121\0 MARKET\PROPOSAL5\2025-07-09 PRP ADD 2500121.01.DOCX\2025-07-09\AC
Agreement No. 7378
Mr. James Rice, City of El Segundo
City of El Segundo - Dog Park Grading & Drainage Improvements
Proposal for Additional Civil Engineering Services
KPFF Job #2500121.01
July 9, 2025
Page 5 of 6
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 - KPFF RATES
ONE -PERSON SURVEY CREW.....................................................$205.00
TWO -PERSON SURVEY CREW....................................................$285.00
THREE -PERSON SURVEY CREW ................................................ $330.00
IEL ..D SURVEY - PREVAILING WAGE RATE,
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. 7378
Mr. James Rice, City of El Segundo
City of El Segundo - Dog Park Grading & Drainage Improvements
Proposal for Additional Civil Engineering Services
KPFF Job #2500121.01
July 9, 2025
Page 6 of 6
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.
S. 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 flue] 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 for 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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