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CONTRACT 5399 Professional Services Agreement CLOSED Agreement No. 5399 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF EL SEGUNDO AND T.G. CONSTRUCTION,INC. This AGREEMENT is entered into and takes effect this 19th day of _September , 2017, ................ by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("CITY")and T.G. CONSTRUCTION, INC., a California Corporation ("CONSULTANT"). The parties agree as follows: 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 four thousand five hundred dollars ($4,500) for CONSULTANT's services over the course of the term of this agreement. 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. Any payment in excess of over $25,000 over the course of the term of this Agreement must be approved by CITY's city council. 2. SCOPE OF SERVICES. A, CONSULTANT will perform services listed in the attached Exhibit A, which is incorporated herein. B. CONSULTANT will, using a standard of care equal to, or greater than, the degree of skill and diligence ordinarily used by reputable professionals, with a level of experience and training similar to CONSULTANT, performing under circumstances similar to those required by this Agreement, 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 as specified in Exhibit A, Scope of Services, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. 3. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY that lists the tasks performed, the Agreement No. 5399 percentage of the task completed during the billing period, and the cumulative percentage completed for each task. 4. POLITICAL REFORM ACT. CONSULTANT agrees that she will be considered a public official subject to the Political Reform Act of 1974 for purposes of this Agreement. CONSULTANT agrees and warrants that she has no financial interests which may be materially affected by the project(s) for which she is performing services. Such financial interests may include, without limitation, interests in business entities, real property, or sources of income exceeding $500 received within the past year. CONSULTANT further warrants that, before executing this Agreement, she reviewed the Political Reform Act of 1974 and the Fair Political Practices Commission regulations, including, without limitation, Chapter 7 of Title 2 of the California Administrative Code, Section 18700,et seq., in order to determine whether any conflict of interest would require CONSULTANT to refrain from performing the services or in any way attempting to use her official position to influence the governmental decisions underlying the subject project(s). 5. FAMILIARITY WITH WORK. A. By executing this Agreement,CONSULTANT represents that CONSULTANT has i. Thoroughly 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 represents 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. 6. KEY PERSONNEL. CITY understands and agrees that CONSULTANT may subcontract out some of the work described in this Agreement to a sub-consultant. In the event CITY objects to the continued involvement with this Agreement by any other person selected by CONSULTANT to perform services under this AGREEMENT, CONSULTANT agrees that it will replace such persons with individuals that are agreed to by CITY. 7. TERM. The term of this Agreement will be from the beginning date of this Agreement until until September 30,2018.Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: A. Complettion of the work specified in Exhibit"A"; Page 2 of 12 �y Agreement No. 5399 B. Termination as stated in Section 15. 8. TIME FOR PERFORMANCE. CONSULTANT will not perform any work under this Agreement until: A. CONSULTANT furnishes proof of insurance as required by this Agreement; and B. CITY gives CONSULTANT a written Notice to Proceed. C. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT's own risk. 9. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT's control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify CITY within 48 hours, in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement's schedule. CITY may,but is not required to,extend the completion time,when appropriate,for the completion of the contracted services. 10. 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. 11. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. 12. 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. 13. PROJECT COORDINATION AND SUPERVISION. A, Michael Rotolo will be responsible for negotiations and contractual matters with CITY's Project Manager. B. Ore,& 14m, Planning Manager, will be assigned as CITY's Project Manager and will be personally in charge of and personally supervise or perform the technical execution of the Project on a day-to-day basis on behalf of CITY and will maintain direct communication with CONSULTANT. 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 Page 3 of 12 Agreement No. 5399 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.Notice of termination will be in writing. B. CONSULTANT may terminate this Agreement at any time with CITY's mutual consent. Notice will be in writing at least thirty days before the effective termination date. C. 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 rendered in accordance with the terms and conditions of this agreement up to the effective date of notice of termination, not to exceed the total costs under Section 1(C). D. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. E. 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 city without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties. 18. INDEMNIFICATION. A. CONSULTANT agrees to the following: i. Indemnification for Professional Services. CONSULTANT will save harmless and indemnify, including, without limitation, CITY's defense costs (including reasonable attorney's fees), 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 Page 4 of 12 Agreement No. 5399 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,except for such loss or damage arising from CITY's sole negligence or willful misconduct. ii. Indemnification for other Damages.CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, reasonable attorney's fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from CITY's sole negligence or willful misconduct. Should CITY be named in any suit,or should any claim be brought againstit by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "CITY" includes CITY's officers, officials and employees. C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 22, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 19. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services. CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void. 20. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 21. AUDIT OF RECORDS. Page 5 of 12 Agreement No. 5399 A. CONSULTANT agrees that CITY, or designee,has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONSULTANT agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. CONSULTANT further agrees to maintain such records for a period of three years following final payment under this Agreement. B„ Upon inspection, CONSULTANT will promptly implement any corrective measures required by CITY regarding the requirements of this Section. CONSULTANT will be given a reasonable amount of time to implement said corrective measures. Failure of CONSULTANT to implement required corrective measures will result in immediate termination of this Agreement. C. CONSULTANT will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement. 22. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: ml'vile Of 111SUI-MICe I.Jinils (co mbiiied shish°,) Commercial general liability: $1,000,000 Professional Liability $1,000,000 Business automobile liability $1,000,000 Workers compensation Statutory requirement. B. Commercial general liability insurance will meet or exceed the requirements of the most recent ISO-CGL Form. 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 11 85 or 88, or equivalent. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon 30 days prior written notice to CITY C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 O1 06 92, including symbol 1 (Any Auto) or an acceptable equivalent. Page 6 of 12 Agreement No. 5399 D„ 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 maintain the insurance in effect for a period of three years after this Agreement expires or is terminated ("extended insurance"). Such extended 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. E. CONSULTANT will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein,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 terminate. 23. 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: CITY: CONSULTANT: El Segundo Planning & Building Safety Dept. Walid Shihayed—WM2S 350 Main Street 14908 Live Oak Springs Canyon Road El Segundo, CA 90245-3813 Santa Clarita, CA 91387-4802' Attention: Gregg McClain, Planning Manager 310-524-2393 661-367-5242 gmcclain@elsegundo.org "�alicl(`i4min2s.coni With a copy to: T.G. Construction, Inc. 139 Nevada Street El Segundo, CA 90245 Attention: Michael Rotolo 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. Page 7 of 12 Agreement No. 5399 24. SOLICITATION. CONSULTANT maintains and warrants that she 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 she has not paid nor has she 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. 25. 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. 26. 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 or in the Federal District Court in the District of California in which Los Angeles County is located. 27. 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 are two Exhibits to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 28. 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: Proposal for Services/Scope of Work and Budget; B. Exhibit B: Resume. 29. 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. 30. 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. 31. 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 signed by both parties. CITY's city manager, or designee, may execute any such amendment on behalf of CITY. Page 8 of 12 Agreement No. 5399 32. EXECUTION OF AGREEMENT; COUNTERPARTS; ELECTRONIC SIGNATURES. This Agreement may be executed in several counterparts, each of which will be deemed to be an original and all of which will constitute one and the same instrument. 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 mail in "portable document format" (i.e., .pdf) form, or by facsimile transmission. Such signature will be deemed to be and treated in all respects as an original signature. 33. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions,the same as if the words importing such covenants and conditions had been used in each separate paragraph. 34. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 35. FORCE MAJEURE. In no event shall either CONSULTANT or the CITY have any claim or right against the other for any failure of performance where such failure of performance is caused by or is the result of causes beyond the reasonable control of the other party due to any occurrence commonly known as a "force majeure," including, but not limited to: acts of God; fire, flood, or other natural catastrophe; acts of any governmental body, labor dispute or shortage; national emergency; insurrection; riot; or war. 36. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that she has demonstrated trustworthiness and possesses the quality,fitness and capacity to perform the Agreement using a standard of care equal to, or greater than,the degree of skill and diligence ordinarily used by reputable professionals,with a level of experience and training similar to CONSULTANT, performing under circumstances similar to those required by this Agreement. 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 agency. [SIGNATURES ON FOLLOWING PAGE] Page 9 of 12 Agreement No. 5399 IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first hereinabove written. CITY OF EL SEGUNDO T.G. CONSTRUCTION, INC. a gesici-gid law city W "'r � niceMichael Rotolo C; Maiiagci- President ATTEST w ...,' ..., :., ;. ,.:,....: Taxpayer ID No. 95-3951447 Cii Clerk ' APPROVED AS TO FORM: M 6 Mark D. 1-lenley ,.,µn .. City Attorney �N Page 10 of 12 Agreement No. 5399 Exhibit A: Proposal for Services/Scope of Work and Budget �R Agreement No. 5399 Construction Management General Contracting Ckpinatriucljniri a.,....,.„: Design/Build GIFIlNIt;llIM,GMId"I"lRMT"iQ:N111S' September 19, 2017 Paul Samaras City of El Segundo 350 Main Street El Segundo, CA 90245 RE: PROPOSAL FOR BUDGET PREPARATION FOR EL SEGUNDO SMOKY HOLLOW STREET IMPROVEMENTS AND STRIPING Paul, Per your request we have developed this proposal to prepare professional budget development for the above noted project. Scope of work is defined as in the attached proposal from our prime consultant, WM2S. We will invoice for these services the lump sum amount of$4,500. Additional terms are noted on the WM2S proposal attached. Meetings are not included in the base proposal. Thank you for the opportunity and please call me with any questions you may have regarding our proposal. We look forward to bringing value to the City of El Segundo for this important project. Sincerely, TG Construction, Inc. 0*z Mike Rotolo President 139 Nevada Street • EI Segundo,CA 90245 • 310.640.0220 • Fax 310.640.2907 • www.tgconst,com • info@tgconst.com Agreement No. 5399 WIV12S, Inc. 1.4368(Live Oak SpHngs Canyon IRoad Santa Oarnta,CA 81.387 P:661367 5242,WWS.ccrn Paul Samaras, Principal Planner City of EI Segundo (310) 524-2340 Estimating Services Proposal Subject: Smoky Hollow project -street improvements/striping Dear Mr.Samaras: Pursuant to your request,we are pleased to present the following proposal for cost estimating services for the above referenced project: SCOPE OF WORK 1. Overview: Prepare Cost Estimates for the Smoky Hollow project-street improvements/striping project.The estimates will be based on the plans and documents received 8/14/17.The scope of work is summarized per your email as follow: Part 1: Convert it streets into one-way streets (see map on page 19 of the first attachment) and stripe in angled parking (60-degree) on one side of the street. These streets are all two way currently and have parallel parking on both sides. This will produce approximately 395 spaces on those streets (310 existing parallel spaces). FYI,the concept drawings in the 1st attachment show reverse angled parking, but the City has since decided to go with regular angled parking. Install signs and stencil the pavement as appropriate to indicate the one-way restriction on the above streets. On EI Segundo Boulevard, narrow the travel lanes as shown on the second attachment and add/stripe on-street parallel parking (8 feet wide) on the north side of the street. These changes will extend from the alley to the east of Main Street to Illinois St. As a result, EI Segundo BI. will have an 8-foot parking lane on the north side and four 11-foot travel lanes(see middle option circled on 2nd attachment). Page 17 on the 1st attachment also shows a sample street plan for a segment of EI Segundo BI. These changes will add approximately 100 new parking spaces on EI Segundo BI. Part 2: Installing bulb-outs (into the EI Segundo Blvd no.w.) at the intersection of each north-south street with EI Segundo BI., starting at Standard St. (to the west) all the way to the east side of Illinois St. (see 2nd attachment for a concept plan for those bulb-outs) Paint crosswalks at the intersection of each north-south street with EI Segundo BI. and install appropriate ramps for disabled persons. Agreement No. 5399 September 19, 2017 Estimating Services Proposal Smoky Hollow project-street improvements/striping 2 Part 3: • On Grand Avenue,from Sepulveda Blvd.(to the east)to Eucalyptus (to the west), restripe the existing lanes to narrow the two middle lanes from 12'to 11'and widen the outside lanes (next to the curb)from 12'to 13'. add shared-lane(sharrow)stencils on the pavement,two per block or about 1 for every 150 feet on both sides of the street • add standard "bike route"signs on the sidewalk, one for every% mile(five total) on each side of the street 2. Quantitv Take Off: Perform quantity take off for all major components of the project. 3. Prepare Pricine Report: Prepare an estimate for the construction cost of the project based on applying appropriate unit pricing from experience in the geographical area of the project. 4. Prepare Estimate Reports: After organizing the estimate quantity and cost, reports will be generated and broken down by area of work and trade packages.The estimate can also be reported using the CSI or Uniformat system if desired, CLIENT TO PROVIDE THE FOLLOWING: A set of plan and documents in pdf format • Aset of%size plans • Cost input from consultants if any SCHEDULE_: The time to complete these services will be 3 weeks for each estimate from the day all required materials are provided by the client and acceptance of this proposal. FEE: The fee for these services will be: Description DD Level ROM Level Estimate 4,500 Meetings & Travel (if required) 500/Each Total 4,500 The cost of printing and other reimbursable expenses will be billed based on actual cost(none is expected). WM2S, Inc. 14908 Live Oak Springs Canyon Road,Santa Clarita,CA 91387-4802 (661)367 5242,www.WM2S.com Agreement No. 5399 September 19, 2017 Estimating Services Proposal Smoky Hollow project - street improvements/striping 3 EXCLUSIONS: The following items are not included in our proposal and can be provided for an additional fee: Obtaining subcontractors bids for the work Value Engineering and cost saving ideas study * Construct-ability and plan review Travel and meetings The fee for additional scope will be billed based on the following rates: • Consultant: $165.00/HR Estimator: $135/HR 0 Clerical: $75.00/HR PAYMENTS: Payment shall be made in full upon completion of each portion of the scope. PERSONNEL: Walid Shihayed,will serve as the Project Manager and the contact person for this project. His telephone number is (661) 367 5242 or, e-mail: Walid@WM2S.com. CONDITIONS: The services outlined above will be performed with the understanding that the following conditions of service shall apply: 1. LIMITATION OF LIABILITY: The Client agrees to limit the WM2S Inc. liability for the client's damages to the sum of one thousand dollars. This limitation shall apply regardless of the cause of action or legal theories plead or asserted. 2. MEDIATION: In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project,the Client and the Architect agree that all disputes between them arising out of or relating to the agreement shall be submitted to non-binding mediation unless the parties mutually agree otherwise. 3. CLIENT APPROVAL: All approvals noted in the letter of proposal shall be documented in writing and be received by WM2S Inc. prior to commencement of following work. 4. ADDITIONAL SERVICES: Services requested that are beyond the scope outlined above will be provided only after the scope and compensation for same have been agreed to in writing by both parties. 5. SCHEDULE: The fee quoted assumes a normal consistent project schedule. Should significant or numerous changes to the project be requested,we reserve the right to adjust fees to a mutually accepted amount. WM2S, Inc. 14908 I[Jve Oak Spirings Canyon Road,Santa Clairuta,CA 91387-4802 P:(661)367 5242,www,WM2S.com Agreement No. 5399 September 19, 2017 Estimating Services Proposal Smoky Hollow project-street improvements/striping 4 Should you find this proposal acceptable to you and wish to proceed accordingly, please return a signed copy of this proposal. This should serve as our contract for this project and the authorization to proceed with the work. Sincerely, Wa�(.l�` �w. ,, M�,�, rad Walid Shihayed ACCEPTED AND AUTHORIZED TO PROCEED BY: (Authorized Signature); DATE: WM2S,Inc. 14908 Live Oak Springs Canyon Road,Santa Clarita,CA 91387-4802 P:(661)367 5242,www.WM2S.com Agreement No. 5399 Exhibit B: Resume �R Agreement No. 5399 Walid Shihayed 14908 Live Oak Springs Canyon Road Santa Clarita, CA. 91387-4802 661.367.5242 P Walid@WM2S.com PROFESSIONAL DATA • Masters of Science, in Construction Management, University of Illinois, Champaign 1985 • Ph.D. Candidate, in Construction Management, University of Illinois, Champaign 1988 • Bachelor of Science—Civil &Structural Engineering, 1983 CONSTRUCTION EXPERIENCE: • WM2S, Inc 2007—Present, President: Provides a range of pre-construction and construction management services C.W. Driver 1991-2007(16 Years),Chief Estimator: Chief Estimator. Managed the estimating department for a large southern California construction firm with an annual volume of$450,000,000. Responsibilities included: Preparing, managing and leading pre-construction efforts Reviewing and approving all proposals and estimates presented by the company's main office Managing a staff of 6 estimators and support personnel • Calex Engineering 1989-1991, Estimator Prepared quantity take off and estimates for earthwork and shoring projects. Negotiated work and change orders. a U.S.Army Corps of Engineers 1986-1989, Research Engineer Conducted research for the army units in areas of construction including scheduling, mapping, database programming and management, software comparison and selection Trained army units in using these systems WM2S, Inc, 14908 Live Oak Springs Canyon Road,Santa Clarita, CA 91387 P:(661)367 5242 Agreement No. 5399 PROJECT EXPERIENCE Below is a list of our recent project experience, ASSEMBLY AND THEATERS: • CSUN—Valley Performing Art Center. Northridge,CA-$100,000,000 • Calvary Church of the Palisades. Pacific Palisades,CA • Moorpark College Performing Arts Center. Moorpark, CA • T2 3-D Theater, Universal Studios, Hollywood. Universal City, CA • The Globe Theater, Universal Studios. Universal City, CA • Westminster Community Center. Westminster, CA EDUCATIONAL: • Pierce College, North of Mall. Los Angeles, CA • IUSD-PA513 Elementary Shool, Irvine, CA • IUSD-Heritage Fields K-8, Irvine CA • UCLA Student Housing. West Los Angeles, CA • Hillview Intermediate School. Palmdale, CA • The Los Angeles Child Guidance Clinic. Los Angeles,CA • Drucker School of Business.Claremont, CA • Pomona College Campus Center. Claremont, CA • Physical Education Building, California State University Northridge. Northridge, CA • Humanities and Social Sciences Buildings., University of California. Santa Barbara,CA • Pasadena City College. Pasadena, CA • Malone Student Center, Loyola Marymount University. Los Angeles,CA • Julius Corsini Elementary School. Desert Hot Springs, CA • Palm Springs Unified School District. Palm Springs, CA • LACOE: I-Poly HS and Glendale Unified School District Modernization Program. Glendale, CA • Pacifica High School. Oxnard, CA • Center for Early Education. Los Angeles, CA • CSUN Student Recreation Center-$47,000,000 RETAIL: • California Plaza. Los Angeles, CA • Robinsons*May-Sherman Oaks Galleria. Sherman Oaks,CA • Robinsons*May-Fashion Valley. San Diego,CA • JC Penney- Fashion Valley. San Diego, CA • Fashion Outlet of Las Vegas. Prim, NV • Sears. Pleasanton, CA ENTERTAINMENT: • Dangler Ride/The Viper,Six Flags Magic Mountain.Valencia, CA • Space Diver,Six Flags Magic Mountain.Valencia, CA • DCA Disney Main Entrance.Anaheim, CA -$24,000,000 LIBRARIES and MUSEUMS: • Getty Center Museum. West Los Angeles, CA • Orange County Sports History Museum.Anaheim, CA • Redondo Beach Main Library. Redondo Beach, CA • Library and Administration Building EI Camino Community College District.Torrance, CA WM2S, Inca 14908 Live Oak Springs Canyon Road,Santa Clarita,CA 91387 P: `661)367 5242 Agreement No. 5399 • Cerritos Millennium Library. Cerritos, CA MANUFACTURING and INDUSTRIAL: • The Sun Production Facility. San Bernardino, CA • Las Vegas Review—Journal. Las Vegas, NV • Stanford Stadium Upgrade (Phase 3). Stanford,CA • MAG Instruments. Ontario, CA-$50,000,000 HEALTH CARE: • Henry Mayo 1994-95 Projects. Valencia,CA • White Memorial Medical Center Renovation. Los Angeles, CA • Holy Cross Hospital. Mission Hills,CA • Jewish Home for the Aging. Reseda,CA • White Memorial Central Plant. Los Angeles, CA • City of Hope Parvin Building Expansion. Duarte,CA • Valley Presbyterian Inpatient Tower.Van Nuys,CA FITNESS: • Bally's Total Fitness, Macy's Center. Los Angeles,CA • Bally's Total Fitness. Riverside, CA • Bally's Total Fitness. Hollywood, CA RESIDENTIAL: • Belmont Village Remodel, Hollywood Heights, CA • Serrano Gallery Condominiums-$40,000,000 • Vega Residence-$1,500,000 • Manhattan Country Club-$20,000,000 • 115 Soto St& 139 Cummings St. Projects-$2-4,000,000 • Cuatro V ientos—Apartments Building-$1-3,000,000 • Las Margaritas—Apartments Building-$7,000,000 • The Superior at Venice Apartments-$14,000,000 WM2S, Ince 14908 Live Oak Springs Canyon Road,Santa Clarita, CA 91387 :( 61)367 52