3876 CLOSEDPROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
KEYSER MARSTON ASSOCIATES, INC.
This AGREEMENT is entered into this 17th day of November, 2008 by and between the
CITY OF EL SEGUNDO, a municipal corporation and general law city ( "CITY ") and Keyser
Marston Associates, Inc., a California 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 seventeen thousand, five hundred dollars ($17,500.00) for
CONSULTANT's services. CITY may modify this amount as set forth below.
Unless otherwise specified by written amendment to this Agreement, CITY will
pay this sum as specified in the attached Exhibit "A," which is incorporated by
reference.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform services listed in Exhibit A.
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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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 (as set forth in Exhibit A).
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.
A. CITY's city manager ( "Manager ") may determine, at the Manager's sole
discretion, that CONSULTANT must perform additional work ( "Additional
Work ") to complete the Scope of Work. If Additional Work is needed, the
Manager will give written authorization to CONSULTANT to perform such
Additional Work.
B. If CONSULTANT believes Additional Work is needed to complete the Scope of
Work, CONSULTANT will provide the Manager with written notification that
contains a specific description of the proposed Additional Work, reasons for such
Additional Work, and a detailed proposal regarding cost.
C. Payments over $25,000.00 for Additional Work must be approved by CITY's city
council. All Additional Work will be subject to all other terms and provisions of
this Agreement.
7. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that it has:
Carefully investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONSULTANT agrees that
CONSULTANT has or will 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.
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8. TERM. The term of this Agreement will be from November 17, 2008 to November 17,
2009 Unless otherwise determined by written amendment between the parties; this Agreement
will terminate in the following instances:
A. Completion of the work specified in Exhibit A;
B. Termination as stated in Section 16.
9. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
CONSULTANT furnishes proof of insurance as required under Section 23
of this Agreement; and
ii. CITY gives CONSULTANT a written notice to proceed.
B. Should CONSULTANT begin work on any phase in advance of receiving written
authorization to proceed, any such professional services are at CONSULTANT's
own risk.
10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond
CONSULTANT's control, CITY may grant a time extension for the completion of the contracted
services. If delay occurs, CONSULTANT must notify the Manager within forty -eight hours (48
hours), in writing, of the cause and the extent of the delay and how such delay interferes with the
Agreement's schedule. The Manager will extend the completion time, when appropriate, for the
completion of the contracted services.
11. 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.
12. 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.
13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a
Taxpayer Identification Number.
14. 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.
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15. 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.
16. 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 with CITY's mutual
consent. Notice will be in writing at least thirty (30) days before the effective
termination date.
C. Upon receiving a termination notice, CONSULTANT will immediately cease
performance under this Agreement unless otherwise provided in the termination
notice. Except as otherwise provided in the termination notice, any additional
work performed by CONSULTANT after receiving a termination notice will be
performed at CONSULTANT" own cost; CITY will not be obligated to
compensate CONSULTANT for such work.
D. Should termination occur, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by CONSULTANT
will, at CITY's option, become CITY's property, and CONSULTANT will
receive just and equitable compensation for any work satisfactorily completed up
to the effective date of notice of termination, not to exceed the total costs under
Section 1(C).
E. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
F. By executing this document, CONSULTANT waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
17. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models,
photographs and reports prepared by CONSULTANT under this Agreement, with the exception
of computer models developed by consultant, are CITY's property. CONSULTANT may retain
copies of said documents and materials as desired, but will deliver all original materials in PDF
format 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.
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18. 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.
19. INDEMNIFICATION.
A. CONSULTANT agrees to the following:
i. Indemnification for Professional Services. CONSULTANT will save
harmless and indemnify and at CITY's request reimburse defense
costs for CITY and all its officers, volunteers, employees and
representatives from and against any and all suits, actions, or claims,
of any character whatever, brought for, or on account of, any injuries
or damages sustained by any person or property resulting or arising
from any negligent or wrongful act, error or omission by
CONSULTANT or any of CONSULTANT's officers, agents,
employees, or representatives, in the performance of this Agreement.
ii. Indemnification for other Damages. CONSULTANT indemnifies and
holds CITY harmless from and against any claim, action, damages,
costs (including, without limitation, attorney's fees), injuries, or
liability, arising out of Consultant's negligence in the performance of
this Agreement. Should CITY be named in any suit, or should any
claim be brought against it by suit or otherwise, whether the same be
groundless or not, arising out of Consultant's negligence
CONSULTANT will defend CITY (at CITY's request and with
counsel satisfactory to CITY) and will indemnify CITY for any
judgment rendered against it or any sums paid out in settlement or
otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be
maintained by CONSULTANT as required by Section 23, and any approval of
said insurance by CITY, are not intended to and will not in any manner limit or
qualify the liabilities and obligations otherwise assumed by CONSULTANT
pursuant to this Agreement, including, without limitation, to the provisions
concerning indemnification.
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20. 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.
21. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that
CONSULTANT will act as an independent contractor and will have control of all work and the
manner in which is it performed. CONSULTANT will be free to contract for similar service to
be performed for other employers while under contract with CITY. CONSULTANT is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that
may appear to give CITY the right to direct CONSULTANT as to the details of doing the work
or to exercise a measure of control over the work means that CONSULTANT will follow the
direction of the CITY as to end results of the work only.
22. 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.
23. 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
Limits
$1,000,000
$1,000,000
$1,000,000
Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements of
ISO -CGL Form No. CG 00 01 1185 or 88. The amount of insurance set forth
above will be a combined single limit per occurrence for bodily injury, personal
injury, and property damage for the policy coverage. Liability policies will be
endorsed to name CITY, its officials, and employees as "additional insureds"
under said insurance coverage and to state that such insurance will be deemed
"primary" such that any other insurance that may be carried by CITY will be
excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10
0
3876 • .,,
1185 or 88, or equivalent. Such insurance will be on an "occurrence," not a
"claims made," basis and will not be cancelable or subject to reduction except
upon thirty (30) days prior written notice to CITY.
C. Professional liability coverage will be on an "occurrence basis" if such coverage
is available, or on a "claims made" basis if not available. When coverage is
provided on a "claims made basis," CONSULTANT will continue to renew the
insurance for a period of three (3) years after this Agreement expires or is
terminated. Such insurance will have the same coverage and limits as the policy
that was in effect during the term of this Agreement, and will cover
CONSULTANT for all claims made by CITY arising out of any errors or
omissions of CONSULTANT, or its officers, employees or agents during the time
this Agreement was in effect.
D. Automobile coverage will be written on ISO Business Auto Coverage Form CA
00 0106 92, including symbol 1 (Any Auto).
E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement and such
other evidence of insurance or copies of policies as may be reasonably required
by CITY from time to time. Insurance must be placed with insurers with a current
A.M. Best Company Rating equivalent to at least a Rating of "A:VII."
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance
required by this Agreement, CITY may obtain such coverage at
CONSULTANT's expense and deduct the cost of such insurance from payments
due to CONSULTANT under this Agreement or terminate pursuant to Section 16.
24. 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.
25. 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.
26. 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:
Keyser Marston Associates Inc
500 S. Grand Ave. Suite 1480
Los Angeles, CA. 90071
Attention: James Rabe
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If to CITY:
City of El Segundo
350 Main St.
El Segundo, CA
Attention: Jack Wayt
3876 • .':
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.
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. 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 Attachments, sets forth the entire
understanding of the parties. There are no other understandings, terms or other agreements
expressed or implied, oral or written. There is one (1) Attachment 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
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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. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a party is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
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
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]
in
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
CITY OF EL SEGUNDO
Jack Wa
City Manager
ATTEST:
Cindy ortesen,
City Clerk
APPROVED T V)
MARK D. H S.i�
'7M
H. Berger, A01stant City Attorney
KEYSER MARSTON ASSOCIATES, INC.
*es A. Rabe
ice President
Taxpayer ID No. 94- 2363741
P:\Planning & Building Safety \Consultant Ping Services\Keyser Marston Associates Reuse of Richmond /Franklin Parking Lot analysis Rev 11-
5-08.doc
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MIBIT A 38 7
6
G D
KEYSER MARSTON ASS®CLkTES
ADVISORS IN PUBLIC /PRIVATE REAL ESTATE DEVELOPMENT
October 17, 2008
ADVISORS IN:
'
REAL EST'AT'E
REDEVELOPMENT
Mr. William Crowe
AFFORDABLE HOUSING
Assistant City Manager
ECONOMIC DEVELOPMENT
City of El Segundo
SAN FRANCISCO
350 Main Street
A. JERRY KEYSER
TIMOTHYC, KELLY
El Segundo, California 90245
KATE EARLE FUNK
DEBBIE M. KERN
ROBERT J. WErMORE
Re: Proposal — Reuse of Richmond and Franklin Parking Lot
LDS ANGELES
CALVIN E. HOLDS. It
Dear Mr. Crowe:
KATHLEEN li. HEAD
JAMES A. RABE
PAUL C. ANDERSON
Keyser Marston Associates, Inc. (KMA) is pleased to present this proposal to provide
GREGORY
KEVIN E. NGSTROM
KEVIN E. ENGSTRDM
real estate consulting services to the City of El Segundo (City) regarding the conceptual
JULIE L. ROMEY
reuse of a parking lot located at the northeast corner of the intersection of Franklin
SAN DIEGO
Avenue and Richmond Street. The City is interested in evaluating whether this parking
GERALD M. TRIMBLF.
lot can be redeveloped with private use to: (1) continue to provide and
PAUL C. MARRA
public parking; (2)
generate revenue to the City. To evaluate parking issues, KMA has elicited the support
of Walker Parking (Walker). Their proposal is included within the KMA proposed scope
of work and budget.
BACKGROUND
The City has a number of public parking lots in the downtown area. The City is
considering whether it is possible to allow for private air rights development on some of
these sites while still maintaining public parking at these locations. The City also wishes
to understand whether it is possible for a private developer to provide for public parking
on this or other sites and make a land payment. In other words, is there sufficient
development value in the property that a developer can replace the public parking and
pay some or all of the current land value?
KMA has reviewed the Downtown Specific Plan and spoken with City staff. It is our
understanding that under the existing land use and zoning regulations, only one housing
unit could be developed on this site. It seems very unlikely that a single housing unit at
this location represents a feasible use of the site.
500 SOUTH GRAND AVENUE, SUITE 1480 D LOS ANGELES, CALIFORNIA 90071 D PHONE 213 622 8095 A FAX 213 622 5204
W W W. KEYSERMARSTON.COM 0B10027.KMA JAR:gbd
99900.000.002
3676• ". I
Mr. William Crowe October 17, 2008
City of El Segundo Page 2
SCOPE OF WORK
The scope of work for this project has three key components:
• Evaluate market potential for the site for retail or office development or a
combination of the two.
• Evaluation of the amount of public parking that can remain at the ground level
and the cost of providing that parking and a deck or foundation for the private
development that will occur above the public parking
• The financial feasibility of the overall development
Market Analysis
KMA will undertake a market evaluation of the downtown area. KMA will review existing
City information, sales productivity and overall market information regarding area sales,
rents and vacancies. KMA will also contact brokers active in the area to confirm existing
rents and vacancies. KMA will also review rents and vacancies in the larger El Segundo
area to confirm that there is potential for development in the downtown area.
Parking Analysis
Walker will examine the site and provide a conceptual plan for a single level structure
that will replace the existing 52 parking spaces and a conceptual estimate of the cost for
the parking and the deck. Their proposal is attached.
Feasibility Analysis
Based on the market information and parking information from the two previous tasks,
KMA will prepare two feasibility analyses. One analysis will evaluate the square footage
of office or retail development that could be developed assuming that 52 replacement
spaces must be provided. The second analysis will assume that the lower level parking
is considered public replacement parking and the upper level parking is considered
private development parking.
08i0027XMA:JAR:gbd
99900.000.002
Mr. William Crowe
City of El Segundo
3876•.0,1
October 17, 2008
Page 3
KMA will prepare a memorandum report that details the market evaluation, the Walker
findings and the feasibility evaluation.
Data Requirements
KMA and Walker will need the following information from the City.
• Property and building line setbacks
• Site plan in CADD format
• Curb cut requirements
• Taxable sales for the downtown area
• Building square footage for the downtown area
The City has provided some of this information as part of the Downtown Specific Plan
and other submittals. KMA and Walker will review the information further and seek any
clarifications as to setbacks and building square footage.
KMA is aware that the taxable sales data for individual establishments is confidential.
For purposes of this analysis, we only need the taxable sales data for two large
categories, General Consumer Goods and Restaurants. The information should cover
the 100 to 600 blocks of Richmond, Main and Standard and the 100 east and 100 west
blocks of El Segundo, Franklin, Grand, Holly and Pine. The aggregation of revenues
and the moderate size of the area should avoid any disclosure issues.
BUDGET AND SCHEDULE
KMA will undertake this assignment for a not -to- exceed professional fee of $17,500.
This amount includes the $5,000 professional fee budget from Walker. The City will be
billed monthly based upon the attached Schedule of Fees and the attached Walker
scope of work.
We anticipate that this assignment can be completed within five to six weeks of
authorization to proceed. This timeframe allows KMA to undertake the market analysis
and identify potential development, Walker to evaluate a parking plan, and KMA to
prepare the feasibility analysis and the summary memorandum.
0810027.KMA:JAR :gbd
99900.000.002
Mr. William Crowe
City of El Segundo
3876•,
October 17, 2008
Page 4
If the above is acceptable please sign below and return a copy to KMA or prepare a
purchase order for this work.
Sincerely,
KEYSER MARSTON ASSOCIATES, INC.
James Rabe
Senior Principal
Attachment
Authorized By:
Date:
0810027XfAA:JAR:gbd
99900.000.002
3876• . .
KEYSER MARSTON ASSOCIATES, INC.
PUBLIC SECTOR HOURLY RATES
* Rates for individuals in these categories will be increased by 50% for time
spent in court testimony.
0810027XMA:JAR :gbd
99900.000.002
2008/2009
A. JERRY KEYSER*
$280.00
MANAGING PRINCIPALS*
$280.00
SENIOR PRINCIPALS*
$270.00
PRINCIPALS*
$250.00
MANAGERS*
$225.00
SENIOR ASSOCIATES
$187.50
ASSOCIATES
$167.50
SENIOR ANALYSTS
$150.00
ANALYSTS
$130.00
TECHNICAL STAFF
$95.00
ADMINISTRATIVE STAFF
$80.00
Directly related job expenses not included in the above
rates are: auto mileage, air
fares, hotels and motels, meals, car rentals, taxies, telephone calls, delivery,
electronic data processing, graphics and printing.
Directly related job expenses will be
billed at 110% of cost.
Monthly billings for staff time and expenses incurred during the period will be payable
Within thirty (30) days of invoice date.
* Rates for individuals in these categories will be increased by 50% for time
spent in court testimony.
0810027XMA:JAR :gbd
99900.000.002
�& WALKER
BARKING CONSULTANTS
October 7, 2008
Mr. James Rabe, CRE
Principal
Keyser Marston Associates
500 S. Grand Ave, Suite 1480
Los Angeles, CA 90071
Re: Proposal for Parking functional Design Services
Mixed -Use Development Parking Structure
El Segundo, California
Dear Jim,
38.76•. +:1
2550 Hollywood Way, Suite 303
Burbank, CA 91505
Voice: 818.953.9130
Fax: 818.953.9331
www.walkerparking.com
It was a pleasure meeting with you yesterday to discuss the above referenced development.
Walker Parking Consultants is pleased to submit for your review our proposal to provide Parking
Functional Design Services to Keyser Marston for the planned development on a parcel of land
that is now a parking lot at the corner of Franklin Avenue and Richmond Street located in El
Segundo, California.
The following proposal is based on our current understanding of the project and covers our scope
of services, professional fee and project schedule.
We are prepared to discuss this proposal with you should you have any questions or comments.
If all is satisfactory, please sign and return the acceptance page provided within this submittal
signifying your acceptance and notice to proceed.
PROJECT UNDERSTANDING
Keyser Marston has invited Walker Parking Consultants (Walker) to prepare the following
proposal for Parking Functional Design Services through the Concept phase. The project site
measures approximately 125' x 140' and currently has 52 parking spaces. The site slopes from
the southwest corner to the northeast corner approximately 12 feet which equates to an 8% slope.
Future plans call for possibly locating retail space (or similar development) at the "high" corner of
the site (southwest corner) and to build a platform type structure at this elevation to include the
retail and parking, while preserving as much parking on grade as possible. At a minimum, you
are looking to maintain the existing parking space count of 52.
The following outlines our proposed scope of services:
l7RProposalJames Rabe I00708.doc
3876•, .1
WALKER Mr. James Rabe
4W PARKIIVGCONSULTANTS R Proposal for Parking Functional Design Services
October 7, 2008
Page 2of5
SCOPE OF SERVICES
Functional Design
CONCEPT DESIGN
1. Meet with Keyser Marston to discuss project objectives, and visit the site to gain an
understanding of the topography, site constraints, street locations, etc. A list of items that
we will require from you are:
• Property and building line setbacks
• Site plan in CADD format, if possible
• Curb cut requirements, if possible
2. Based on the site plan that you have (including the aerial provided to us), we will review
alternative, functional concepts, entry/exit access locations, car count, and optimize
vehicular circulation. We assume that a one - supported level structure will be required to
maintain the 52 spaces that are now present on this site.
3. Review setback requirements and how they impact perimeter wall and column locations.
4. Develop "onion skin" type conceptual floor plans of potential parking solutions that
illustrate the following:
a. Footprint, overall dimensions, and location on the site.
b. Preliminary parking layout with a place - holder location for the retail component.
c. Bay sizes, parking stall size, and drive aisle width.
d. Vehicle entrance and exit locations.
e. Stair tower locations and other pedestrian access points.
5. Provide a narrative memo describing an outline of the site constraints and parking
solutions.
6. Meet with Keyser Marston to discuss the conceptual designs and present the
advantages /disadvantages of each scheme.
We have budgeted up to two (2) meetings at your office.
SCHEDULE
We are prepared to perform the above services at your direction. We can start within one (1)
week from receiving your authorization to proceed, and will complete this work with two weeks
upon start of work.
3876•..
WALKER Mr, James Rabe
1W PARIaNG CONSULTANTS Proposal for Parking Functional Design Services
October 7, 2008
Page 3 of 5
PROFESSIONAL FEE
We propose to provide the above described Scope of Services on an hourly plus reimbursable
expenses basis. Our not-to-exceed fee (including expenses) will be $5,000 and will be in
accordance with the attached General Conditions of Agreement.
If all is satisfactory, please sign and return the following page signifying your acceptance and
notice to proceed.
We are prepared to discuss this proposal with you should you have any questions or comments.
We can be reached at 818.953.9130.
Sincerely,
WALKER PARKING CONSULTANTS
/./..y /1
Daniel R. Johns
Vice President
Enclosure: General Conditions of Agreement for Consulting Services
Standard Billing Rates — 2008 for Consulting Services
AUTHORIZATION
Trusting that this meets with your approval, we ask that you sign both originals in the space below
to acknowledge your acceptance of the terms contained herein, and to confirm your authorization
for us to proceed. Please return one signed original of this agreement for our records.
Keyser Marston
Accepted by:
Title:
Date:
3876.
STANDARD BILLING RATES - 2008 WALKER
FOR CONSULTING SERVICES PARKING CONSULTANTS
PAGE 5 OF 5
PRINCIPALS
SeniorPrincipal .................................................................................. ...............................
$340.00
Principal............................................................................................
...............................
$290.00
PROJECT MANAGEMENT
SeniorProject Manager ....................................................................... ...............................
$255.00
ProjectManager ................................................................................. ...............................
$225.00
AssistantProject Manager .................................................................... ...............................
$185.00
PARKING CONSULTANTS
SeniorParking Consultant .................................................................... ...............................
$255.00
ParkingConsultant .............................................................................. ...............................
$225.00
ParkingAnalyst / Planner .................................................................... ...............................
$185.00
DESIGN
Senior Engineer / Senior Architect ........................................................ ...............................
$235.00
Engineer/ Architect ............................................................................ ...............................
$165.00
Designer............................................................................................ ...............................
$155.00
TECHNICAL
SeniorTechnician ............................................................................... ...............................
$135.00
Technician......................................................................................... ...............................
$120.00
FieldAuditor ....................................................................................... ............................... $ 85.00
SUPPORT
Senior Admin Assistant / Business Mgr ........... ... $ 90.00
AdministrativeAssistant ....................................................................... ...............................
$ 70.00
URProposal James Rabe 100708.doc
PRODUCER (415) 957 -0600 FAX: (415) 957 -0577
IC Insurance Services
„icense No. 0589960
I44 Montgomery St., 17th F1.
a-- Frflnni ai-n CA 94104
INSURED
Keyser Marston Associates, Inc.
55 Pacific Avenue Mall.
San Francisco CA 94111
INSURANCE Iii %o %2ooe
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
B:
Ins.Co 29424
22179
e Ins. 02351
INSURER E:
QVIFIRAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
!Es 15 POLICY EFFECTIVE POLICY EXPIRATION LIMITS
-'
$ WORKERS COMPENSATION AND
EMPLOYERS LIABILITY
ANY pRoppiETORIPARTNERIEXECUTIVE
OFFICERIMEMBEREXCLUDED4 03954613
It yes. deaatbe under
SPECIAL PROVISIONS bekw
C OTHER Professional 945557975
Liability - Claims Retro Date 10/05/1976
Made
DESCRIPTION OF OPERATIONSILOCATIONMEMCLES !EXCLUSIONS ADDED BY ENDORSEMI
The City of El Segundo, its officials and employees, are
This insurance is primary and non contributory. Per
City of El Segundo
Attn: Jeffery Stewart
350 Main Street
El Segundo, CA 90245
ACORD 25 (2001108)
INS025 wonoea
11/11/2008 11/11/2009 DI -—
E.L DISEASE - POLICY
11/11/2008 11/11/2009 $1,000,009 Limit
1$2,00q;/'000 Limit
1,000,00
1,000,00
1,000,00
Each Ac
10 000 Retention Each Act
tOVISIONS
Additional ure respects to General Liability.
irsement C 10 L /01.
N C CELLATION
n ULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
,I,/ EXPIRATION DATE THEREOF, THE ISSUING INSURER WALL ENDEAVOR TO MAIL
I/ 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT
V�✓� FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
INSURER ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE __._p
Loretta Pearson /LPE C,.� -E�- .Qr - '"r'
v ACORD CORPORATION 1988
Page t of 2
TYPE OFINSURAnce
GENERAL LIABILITY
X COMMERCIALGENERALLIABILITY
CLAW MADE a OCCUR
57UUNUP0340
57UUNUP0340
--
11/11/2008
11/11/2008
11/11/2009
11/11/2009
1,000,000
A
A
DAMAGE TO RENTED
MED EXP IAnv om pomml
$ 50,000
i 5., 000
= 1,000,000
$ 2,000,000
COMBINED SINGLE LIMIT
(Ea acddarl)
: 11000,000
GEML AGGREGATE LIMIT APPLIES PER:
X L
AUTOMOBILE LIABILITY
X ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
X NON-0WNED AUTOS
X Dad Comp $1000
$ 1,000,000
BODILY INJURY
(Per person)
5
BODILY INJURY
(Per aoddent)
S
PROPERTY DAMAGE
(Per ecddent)
AUTO ONLY - EA ACCIDENT
E
$
X Ded Coll 1000
GARAGE LIABILITY
ANY AUTO
OTHER THAN EA ACC
AUTO ONLY: A
$
EXCESSIUMBRELLA LIABILITY
X OCCUR FI CLAIMS MADE
DEDUCTIBLE
57RHUUN9941
11/11/2008
11/11/2009
4,000,000
A
AGGREGATE
$ 4,000,000
s
$ WORKERS COMPENSATION AND
EMPLOYERS LIABILITY
ANY pRoppiETORIPARTNERIEXECUTIVE
OFFICERIMEMBEREXCLUDED4 03954613
It yes. deaatbe under
SPECIAL PROVISIONS bekw
C OTHER Professional 945557975
Liability - Claims Retro Date 10/05/1976
Made
DESCRIPTION OF OPERATIONSILOCATIONMEMCLES !EXCLUSIONS ADDED BY ENDORSEMI
The City of El Segundo, its officials and employees, are
This insurance is primary and non contributory. Per
City of El Segundo
Attn: Jeffery Stewart
350 Main Street
El Segundo, CA 90245
ACORD 25 (2001108)
INS025 wonoea
11/11/2008 11/11/2009 DI -—
E.L DISEASE - POLICY
11/11/2008 11/11/2009 $1,000,009 Limit
1$2,00q;/'000 Limit
1,000,00
1,000,00
1,000,00
Each Ac
10 000 Retention Each Act
tOVISIONS
Additional ure respects to General Liability.
irsement C 10 L /01.
N C CELLATION
n ULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
,I,/ EXPIRATION DATE THEREOF, THE ISSUING INSURER WALL ENDEAVOR TO MAIL
I/ 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT
V�✓� FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
INSURER ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE __._p
Loretta Pearson /LPE C,.� -E�- .Qr - '"r'
v ACORD CORPORATION 1988
Page t of 2
CG 20 10 10 01
Policy Number: 57UUNUP0340
Effective Date: 11/11/2008
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES
OR CONTRACTORS - SCHEDULED PERSON
OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization: City of El Segundo, its officials and employees.
It is understood and agreed that this insurance is primary and any other insurance
maintained by the Additional Insured shall be pertains tote timed Insured. i ing with
this insurance in regards to all operations
(If no entry appears above, the information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement).
A. Section 11 — Who is An insured Ail work, including
is amended to include as an materials, parts or equipment
insured, the person or
organization shown in the furnished in connection with such
Schedule, but only with respect to work, on the project (other than
service, maintenance or repairs)
liability arising out of your ongoing
operations performed for that to be performed by or behalf of
insured. the additional insured(s) at the
site of the covered operations has
B. With respect to the insurance been completed; or
afforded to these additional 2 That portion of "your work"
insured(s), the following exclusion ( )
is added: out of which the injury or damage
arises has been put to its
2. Exclusions: intended use by any person or
This insurance does not
apply to "bodily injury" or
"property damage" occurring
after.
CG 20 1010 01
organization other than another 1�
contractor or subcontractor 6
engaged in performing operations kr,�
for a principal as a part of th
same project. ��