CONTRACT 5365 Professional Services Agreement CLOSED Agreement No. 5365
PROFESSIONAL SERVICES AGREEMENT
FOR DESIGN SERVICES
BETWEEN
THE CITY OF EL SEGUNDO AND
FF',INC.
PW
16-11® BIKEWAY DESIGN ADJ. TO THE POINT
entered into this l 9`1' day of.tasty, 20 l 7, by and [)ctween the C11'Y
OF EL SF'.0UNDO, a. municipall corporadon and general law My and. KPFF, IN(
1 (20NSIDE11R.A110N.
A, As partial consideration, CONSUUrANT agrees to perCon-ri the work listed in the
St. OIIE OF SFItVfCES, below.-,
B. As additional consideration, CONSULTANT and crn'agree to abide by the (emis
and conditions contained in (his Agreer out.,
CD n ,
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to
exceed Thirty-five thousand dollars ($35,000.00) plus a contingency amount of
three-thousand, five-hundred dollars ($3,500.00) 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 the attached Exhibit"A," which is
incorporated by reference.
B. CONSULTANT will, in a professional manner, famish alp 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
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Agreement No. 5365
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 perfon-red, 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 (late..
5. NON APPROPRIATION OF FUNDS. Paynicas due and payable to CONS U I...TA N]"for
current services are within the current bUdget and within an available, unexhaUsted and
UnMCUmbered appropriation of the CITY, In the event the CITY has not appropriated sufficient
funds for payment of CONSUL'"I'ANT services beyond the current fiscal year, this Agreement
will cover only those costs incurred up to die conckision of.7the current, fiscal year,
6.. ADDrr[ONAL WORK.
A, CITY's city manager("Manager") may deterinine, at the Manager's sole
discretion, that CONSULTANTMUSt perform additional work ("Additional
Work"') to complete the Scope of Work. If Additional Work is needed, the
Manacyer will give written authorization to CONSULTANT to performs such
Additional Work.
B. If CONS t JUI"ANT 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 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:
i. Carefully investigated and considered the scope of services to be performed;
1 Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
& If services involve work upon any site, CONSULTANT agrees that
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Agreement No. 5365
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 perfon-nance 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 to of this Agreement will be from September 1, 2017 to August 31, 2018,
Unless otherwise determined by written amendment between the parties, this Agreement will
terminate in the following instances:
Completion of the work specified in Exhibit"A",-
13, Termination as stated in Section 16.
9� TIME FOR PERFORMANCE,
A. CONSULTANT will not perform any or under this Agreement until;
i. 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 CONSULTAN'rs
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. Any inconsistency between the Exhibits will be resolved in the order
in which the Exhibits appear below:
A. Exhibit A. Proposal for Services,
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,
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Agreement No. 5365
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 AlD 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,
15. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by
CONSIJLTANT under this Agreement will not be construed to operate as as waiver of any rights
CITY i-nay have Linder this Agreement or of any cause of action arising from CONSULTANT's
perfori-riance. A waiver by CITY of any breach of any terni, covenant, or condition contained in
this Agreement will not be deerned to be a waiver of any subseqLiCrit breach of the same or any
other terra, covenant, or condition contained. in this Agreement, whether of the sarne 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.
CUpon receiving a termination notice, CONSULTANT will immediately cease
perfon-nance 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 ten-nination 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.
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Agreement No. 5365
17, 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.
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 CONSUL't-ANT to any other person or public
CITY without crrvs prior written approval. All press releases, including graphic display
inflormatlon to be published in newspapers or magazines, will be approved and distributed solely
by CITY, uifless otherwise provided by written agreement between the parties.
l9. INDEMNIFICATION,
A. CONSULTANT must save harmless, indemnify and defend CITY and all its
officers, employees and representatives r® and against any and all suits,
actions, or claims, of any character whatever, brought for, or on account of,
any injuries or damages sustained by any person or property arising from,
pertaining to,or relating tothe negligence, recklessness, or willful
misconduct of CONSULTANT or any of CONSULT`ANT's officers, agents,
employees, or representatives.
B. For purposes of this section "CITY"' includes CITY's officers, officials,
employees, agents, representatives, and certified VOILlyneers.
C. It is expressly understood and agreed that the foregoing provisions are intended to
be as broad and inclusive as is permitted by the law ofthe State of California and
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 other-wise assumed by CONSULTANT
pursuant to this Agreement, including, without limitation, to the provisions
concerning indemnification.
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 is is
itperforined. 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 ore loyee of CITY
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Agreement No. 5365
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 CONS U[..TAN`l1` 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 therefrorn., and to inspect all prog-rain data, documents, proceedings and activities.
C()NSULTANT will retain such financial and program service records forat least three (3) years
after termination or final payment under this Agreement,
23. INSURANCE.
A. Before corninencing perlbi-niance under this Agreement, and at all other tinies this
Agreement is effective, CONSur rANT will procure and maintain the following
types OfinRlrance with coverage Ili-nits complying, at a rnimmum, with the limits
set forth below-,
Tvne of Insurance Limits
C'otninercial general liability-, $1,000,000
Professional Liability $1,000,000
Business automobile liability $11,000,000
Workers compensation Statutory requirement
R Commercial general liability insurance will meet or exceed the requirements of
ISO-CGL Form No. CG 00 01 11 85 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 IS Form No. CG 20 10
11 9 5 or 8 8, 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" is 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
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Agreement No. 5365
terminated. Such insurance will have the same coverage and firnits as the policy
that was in effect during the to of this Agreement, and will cover
CONSUI..,TANT for all claims made by CITY arising out of any errors or
omissions of CONSUL"I"ANT, or its officers, employees or agents during the time
this Agreement was in effect.
D. Automobile coverage will be written on ISO Business Auto Coverage Form CA.
00 01 06 92, including symbol I (Any Auto),
E. CONSULTANT will furnish to CITY duty authenticated Certificates Of Insurance
evidencing maintenance of the insurance required tinder this Agreement and such
other evidence of insurance or copies of policies as may be reasonably required
by CITY frown 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,"
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 SUBCONTIRACTORS. CONSULTANT must obtain CITYs prior written
approval to use any consultants while performing any portion of this Agreement. Stich approval
must approve of(lie 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 as 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: If to CITY:
K-PFF, Inc. City of El Segundo
700 S, Flower Street, Suite 2100 350 Main Street
Los Angeles, C.A. 90017 El Segundo, CA
Attention: Jeff Gavazza, Principal Attention: Orlando Rodriguez,
Senior Civil Engineer
Any such written communications by mail will be conclusively deemed to have been received by
the addressee upon deposit thereof in the United States Mai[, postage prepaid and property
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 whorn notices are to be
given by giving notice in the manner prescribed in this paragraph,
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Agreement No. 5365
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. C()W fil-TANTmaiii-itains and warrants that 4 has not, eniployed nor
retained any company or person., other than CONSUL"rANT's bolia fide ernployee, to solicit or
secure thisAgreeineint. Further, CONSIJI I'AN'Twarrants that it has not f.:)aid nor Inas it; agreed
to tiay any,company or person, other than C.'ONSULTANT's bona fide e¢'Tlployee, any, fee,,
connuis.,sion, percentage, brokerage fee, gift or other consideration COntirlgCnt Up011 or 1"CA111611g
Broin the award or l-naking of this Agreenient. Should coNsul-,rANTbreach or violate this
warralityl., niay rescind this Agreornent without liability.
29, TH111111) PARTY BENEFICIARIES. "Phis ,&grcenient and every provision her6rl Is
generally for the exciLlsive benefit ofCONSULTAN'Tand ClTY' arid riot for the benefit of ally
anther lmily., There witl be no incidental or other beneficiaries of any of CONSLif,TANT's or
CIIITY".s ob4o,alJons Linder this AgreernenL
;30.. INTEIRIPWir"TATION. This Agreement was drafted in, and will, be constmed in accordance
with the Ilaws of thM1..111 State of Cahforiiia., and exclusive venue for any action involving this
aorecinent will be in 1-os Angeles Cow,ay.
3l. COMPLIANCE WITH F..,.AW'., CONSIJI.TANTagrees to cornply,wilh all federal, state,
and local Ilaws applica.Wc to this Agreenient.
31 ENTIRE AGIRlb,,EMENT. This �-kgrecnlerlt, and its ALtachments, sets forth the entire
understanding of dic parties, There are no other i.inderscandings, terms or (Aher agreetnents
expiressed or implied, oral or written. There is one (1) Attachnien(s to this Agireeinent. I'lills
Agreernerilt will bind and ini,ff-e (,L) the benefit of the parties to this Agreerrientand any subsequent
successors and assigns,
33. RLILES OF CONs'nRLIC11110N. Each Party haid the opportunity to independerldy review,this
Agreeirient with legal counsel, Accordingly, this Agreement will be construed sinipy', as a whole,
C�
and in accordanccwith its fair nieanin,g; it will not be interpreted strictly for or against eithet., Party.
34. SEVERABILITY. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable,then such portion will be deemed modified to the extent
necessary in the opinion of the court to render such portion enforceable and, as so modified, such
portion and the balance of this Agreement will continue in full force and effect.
35. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action
has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage
in the actions described herein. This Agreement may be modified by written amendment. CITY's
executive manager, or designee, may execute any such en anent 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
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Agreement No. 5365
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
CITY ) U] , ;F(il, )0
..................
Greg
g 'm it-we .Jefy' 6117'Fm71<"
t
City Principal
ATTEST:
e 2
Taxpayer ID No.
....
Clerk'"le k
APPROVED AS TO FORM:
1,N� I
MARK D, �11,F ,I City Attorney
By: I
I)avi( H. King, 51�6sis 'mt City Attorney
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Agreement No. 5365
faesk-mile transmission, Such facsimile signature. will be, treated qrr aapl respectsas having (hesame
effect. as an original signature.
37. ",.App r[O W 'nie captions oNhe paragraphs hs of tines Agreement are for convenience of
reference only arid will not affect the interpretation or thl s .A reenrnent-
38„ TIME IS Oj: ESSENCE. Time is of tine essennee fear each and every provision of this
Agreement,
.39. FOIU- , MAJEURE. ShOUld perl'o -narnce arft.l,-6s Agr ennwO. he prevented dnae tin fire, nooat.,
explosion, vets of terrorlsn , war, errnbaargo, gover-unrnnent action, eivii or military authority, the
nataaraap epernents, or other,similar causes beyond the Parties' reaasarrnal lle, eaanntron , them the.
Agreement will lrnnanedpaately terrnmpnan.te WlttrarW.obligation arf either°party to the other.
40. STATEMENT OF , PER111FACE. By execuLing this Agreement, CONSULTANT
represents that, of has &rri.nrnstrated trm,ustworthitiess and possesses the nrpnsafity, fitness and capacity
tan per-florin the Agreement in as TT,iannnre,r &atlsfaact.anry to cay', CONS UL.,TA T represents tftA ut.,s
financial resources., surety and insurance experience, service expnerlennee, completion ability,
perr.sonnO, current, workload,ad, expneriernce in dealing with private consultants, and experience in
dealing with public agencies, all suggest tint CONSULTANT is ean.pnanibfe of' perforining the
proposed eanunt.ran,et aa.rnd paws a dernonstrated eaapmaa.e.pty to deal fairly arid et"fea:.tlw,ely with and to santusf�
aa.prabpuc CITY.
C Si gnaatunires on next page
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Agreement No. 5365
roOSouth Power Street,SuftezN0 Los xoguies, Cx90n17 213.418,020/ xnffo^m
SIT f
June 9, 2017
Mr. Lifan Xu, P.E.
Principal Civil Engineer
City o{E| Segundo
350 Main Street
BSeQundo. C4 90245
Re: BSegundo Bike Path Extension - East ofSepulveda Boulevard
Revised Proposal for Civil and Structural Engineering Services
KPFFjob#78OOl3l
DearLifan:
We are pleased to submit this revised proposal for civil and structural engineering services
required for the above-referenced project. This proposal isbased onthe following:
• Our site walk with Stephanie KaLsou|easand F|orizaRivera of City ofBSegundo Public
Works Department on March 14. 2O16.
• Review of the as-built drawings of"The Point" development dated January 1, 2014.
• Mysubsequent email correspondence with F|ohzaRivera.
PROJECT DESCRIPTION
We understand the Bike Path Extension Project consists of providing a new eight-foot wide bike
path adjacent to the existing sidewalk on the northerly side of Rosecrans Avenue within the Point
Development property, which is located at 850 South Sepulveda Boulevard in El Segundo. It is our
understanding that City of El Segundo is working with the developer to dedicate eight feet to the
City for the bike path, The proposed bike path will be approximately 80Ofeet long and will start at
the northeast corner of Rosecrans Avenue and South Sepulveda Boulevard and end easterly at
the intersection of Village Drive. We also understand that there are existing Chevron gas and
public utility easements within the proposed bike path and the existing easements will not ba
relinquished. Please refer to Attachment C,the Proposed Bike Path Exhibit, for our understanding
of the proposed bike path alignment. It is our understanding that this bike path will be a
continuation of the previously designed bike path on Rosecrans Avenue west of South Sepulveda
Boulevard,which is not part of this project. The Project is located within the jurisdiction of City
mfE| Segundo.
VVefurther understand that currently there are nmfunds available for this project and therefore
Construction Administration is not required atthis time. KPFFvvU| be providing fully approved set
of construction documents without any bid support. It is our understanding that the City does not
want KPFFbminclude aproject topographicsurveyasapartmfthis project. KPIFF will be using a
previously prepared aerial topographic survey prepared for El Segundo Park Place Development
by KPFF Consulting Engineers dated December 10,2015 as our base file to prepare construction
documents.
Agreement No. 5365
EXHIBIT
Agreement NO. 5365
Mr. LifanXu, P.E, City ofBSegundo
0Segundo Bike Path Extension - East ofSepulveda Boulevard
Revised Proposal for Civil and Structural Engineering Services
KPFF job #1600121
June g. 2017
Page 2 o 7
We understand the scope of work for this project is limited to civil and structural engineering and
no other disciplines are required at this time, We have developed the scope of work and
associated fees for a project design schedule of 16 weeks followed with four to six weeks for
approvals and permitting.
VVeunderstand the scope ofcivil engineering services tuinclude the following:
�
Work with City of El Segundo to prepare the final alignment of the proposed bike path and
develop the site plan.
°
Attend meetings asrequired.
�
Grading and drainage design of the proposed bike path.
�
Preparation mfbike path plan and profile (scale one inch = 2Oheet].
°
Preparation o[ademolition plan (if required) and anerosion control plan.
�
Preparation mfutility plan and coordination with utility companies asrequired.
°
Prepare sbmrrn water mitigation plan (if required].
~
Relocation of any existing site miscellaneous structures such as backflow preventers, light
poles, etc. within the Point development.
* Obtain building department approvals, including meeting with City of El Segundo plan
check engineers as necessary.
r Provide project technica| spedfioat)onsinsuppu,tofLhe construction documents.
�
Provide engineer's cost estimate based on the final construction documents to help in
determining approximate project construction cost.
*
Address plan check comments.
StructurA21&Zghzec�Scone,of Wo
• We understand the new bike path layout will require a new retaining vvaO for
approximately 425 linear feet with a maximum retained height mfsix feet.
~ The wall structure will be designed and installed asbmnot encroach beyond the allocated
width ofthe bike path easement. Based onpreliminary evaluation, the wall will consist mf
steel soldier piles supporting concrete lagging.
w
Coordination of proposed retaining vvaU footing with existing transmission tower structure.
�
Footing design ufany relocated light poles onthe Point Development.
Agreement NO. 5365
Mr, LifanXu, P.E, City ofBSegundo
BSegundo Bike PadhExtension - EastofSepu|vedaBou|evard
Revised Proposal for Civil and Structural Engineering Services
KPFFJob #16UO121
June 9. 2Dl7
Page 3uf7
AMIM110IM5
We have made the following assumptions/exclusions in the preparation of this proposal:
11 Full width of the bike lane will be provided to us for our design purposes. KPFF does not
anticipate providing support for relinquishment of any existing Chevron gas or public
utility easements. It is our understanding that the City will be taking the lead on that
scope.
2) City of El Segundo will take the lead in coordinating meetings with Chevron and any other
entity that contains an easement within the bike path alignment and will provide KPFF
with necessary documents that allow for retaining wall along with grading activities to be
performed within the existing Chevron easement.
31 KPFF anticipates needing additional five-foot strip of land north of the bike path for
joining the grades toexisting conditions towards the Point development and for the
construction of retaining walls to support the bike path. It is our understanding that the
City will provide us with the additional land for construction purposes as a part of the
dedication agreement with the Point deve|ope,/ovvner.
41 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 (SVVPPP), to be submitted to the State of California Water Resources
Control Board for most projects. VVeunderstand that the area ofland disturbance isless
than one acre and that aSVVPPPwill not berequired. Accordingly, preparation ufa
SWPPP and the role of the Qualified SWPPP Developer(QSD] are not included in the
scope ofthis proposal,
51 A Geotechnical report including recommendations for structures and grading will be
provided by the City ofBSegundo for our use.
G] Landscape design services are not included inthis scope toreplace any existing
landscaping that will be removed due to the construction and grading activities. City will
provide input onreplacing the existing landscaping.
71 The scope mfwork for this proposal isnot annu|d-phased. One set ofconstruction
documents will beprepared for permit and construction.
81 The horizontal and vertical location and size of existing on-site utilities will be determined
from available record drawings and/or site surveys. |fadditional information is
determined bmberequired during the design stage, vverecommend that a separate
company specializing in locating underground utilities and surveying be retained. The
scope of this proposal does not include electronic or pothole utility investigation or
survey.
9) There are no major utilities that will require relocation as a part of this project.
101 |faHaul Route isrequired aspart ofthis project, KPFFwill provide supplemental
information and earthwork calculations, It is assumed the filing and processing ofall
documentation associated with the Haul Route Hearings will be performed by others.
Agreement NO. 5365
Mr. LifanXu, P.E, City ofBSegundo
BSegundoBikePathExtension - EaatofSepu|vedaBou|evard
Revised Proposal for Civil and Structural Engineering Services
KPFFjob #l60Ol21
June 9, 2017
Page 4of7
ll] The detailed design ofthe abandoned orrelocated utilities will be accomplished bvthe
utility purveyor having ownership [i.e., power company, gas company, cable and
telephone company, etc). KPFFwill assist incoordinating with these utility
purveyors. Based upon our experience with similar projects, abandoning orrelocating
existing utilities can be a lengthy process and is within the control of the utility purveyors.
12) VVeunderstand that this isatraditional project delivery consisting ofpaper orelectronic
2Dcontract documents and specifications. This delivery includes the 2Qcontract
document files in PDF or ACAD format and the specifications in either Microsoft Word or
PDF format.
131 Retaining wall design with amaximum height ofsix feet isincluded.
141 This proposal excludes site investigations or certifications, hazardous material abatement
work, and plan check orpermit fees.
EU
We propose to accomplish the scope of work noted for the following lump sum amounts:
Civil Engineering Services $30°000
0 Project Management, Site Visit $4,800
° Bike lane Grading and Drainage Plan and Profile $15,000
0 Demolition (if required) and Erosion Control $2'000
w Utility Plan and Coordination with Utilities $6'000
w Quality Assurance/Quality Control, Plan Check Comments $3,000
Structural Engineering Services $5"000
We propose to bill our services monthly based on a percentage completion basis.
Shown below |sabreakdown ofour proposed fee billing byphase:
Structural
Phase % Civil Fee Fee Total
Schematic Design 15 $4.500 $750 $5,250
Design Development 20 $6.000 $1.000 $7'000
SOPercent Construction Documents 25 $7,500 $1.250 $8.750
1DQPercent Construction Documents 35 $10.500 $1'750 $12.250
Permits and Approvals S $1.500 $250 $1.750
TOTAL 100% $30,000 $5"000 $35,000
Agreement No. 5365
Mr, Lifan Xu, P.E., City of EI Segundo
EI Segundo Bike Path Extension - East of Sepulveda Boulevard
Revised Proposal for Civil and Structural Engineering Services
KPFF Job #1600121
June 9, 2017
Page 5 of 7
REIMBURSADIMPENSES.
Reimbursable expenses for messenger and delivery services, reproduction for other than in-house
check prints and plots, and out-of-town travel are separate from our fees and will be billed at
cost, Also note that reimbursable travel expenses will include personnel time involved and will be
billed at an appropriate hourly rate. All other services that are considered as additional services
(beyond the scope of work noted herein] will be billed on an hourly basis. Please refer to
Attachment A for our current hourly billing rates. ,
Please note that we anticipate payment of invoices within3vdays 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 theZfYday period.
We propose that all other terms and conditions will be as provided in the Terms and Conditions
document as shown in Attachment B.
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:
Shared Ganju, P.E. Name
Associate
Title
Attachments
Date
PA2016\1600121\MARKET\PRP REV 2017-06-09 1600121.DOM2016-06-09\0M
Agreement No. 5365
Mr. Lifan Xu, P.E., City of El Segundo
El Segundo Bike Path Extension - East of Sepulveda Boulevard
Revised Proposal for Civil and Structural Engineering Services
KPFF job#1600121
June 9, 2017
Page 6 of 7
Attachment A
KPFF CONSULTING ENGINEERS
LOS ANGELES CIVIL DIVISION
HOURLY RATE SCHEDULE
2017
PRINCIPAL-IN-CHARGE.__.......................................................$210.00
SENIOR CIVIL ENGINEER.............................................................$190.00
PROJECT MANAGER............................................. .........................$175.00
PROJECT ENGINEER/PROJECT SURVEYOR.............................$140.00
DESIGN ENGINEER/SURVEY ANALYST...................................$125.00
CHIEF DRAFTER................................... ......................................$155.00
RAFT /CAD OPERATOR.........................................................$125.00
ADMINISTRATIVE/SE Y............. ................................_390.00
FIELD SURVEY
(Prevailing wage rates available upon request)
ONE-PERSON SURVEY CREW......... .................. ..................__$160.00
TWO-PERSON SURVEY CREW..................................................$220.00
THREE-PERSON SURVEY CREW..............................................$2%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. 5365
Mr, Lifan Xu, P.E., City of EI Segundo
Ei Segundo Bike Path Extension - East of Sepulveda Boulevard
Revised Proposal for Civil and Structural Engineering Services
KPFF Job #1600121
June 9, 2017
Page 7 of 7
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
clarnages,of whatever kind,arising out of or in any way related to this Agreement or the services provided by KPFF on this project,
shall he 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.DISPUTE HANDLING
KPFF shall make no claim against Client without first providing Client with a written notice of damages and providing Client thirty
(30)days to cure before an action is commenced, The Client shall make no claim either directly or in a third party claim,against
KPFF unless the Client has first provided KPFF with a written certification executed by an independent professional currently
practicing in the same discipline as KPFF and licensed in the state of the subject project, This certification shall a)contain the name
and license number of the certifier; b)specify each and every act or omission the certifier contends is a violation of the standard of
care expected of a professional performing professional services under similar circumstances;and cl state in complete detail the
basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to
KPFF not less than thirty(301 calendar days prior to the presentation of any claim or the institution of any judicial proceeding.
5.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. KPIFF's fees for the remaining services and time schedules shall be equitably adjusted. If any invoice is in dispute,Client
shall pay underwritten protest to keep the project on schedule and resolve the payment dispute after Substantial completion,
6.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.
7.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. They are not to be used on other projects or extensions to this project
except by agreement in writing,
8.CONTRACT ADMINISTRATION
It is understood that KPFF will=provide design and construction review services relating to safety measures of any contractor or
Subcontractor on the project. Further, it is understood that KFIFF will=provide any supervisory services relating to the
construction for the project. Any opinions solicited from KPFF relating to any such review or,supervisory services shall be
considered only as general information and shall not be the basis for any claim against KPFF.
9.NO THIRD PARTY BENEFICIARY
Nothing In this Agreement shalt/create a contractual relationship with or a cause of action in Favor of any third party against KPFF
or Client,
10.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 rnay be due)without the prior written consent of the other party.
11.PAYMENTS
KPFF will submit.monthly Invoices. Payment is due on the date of the invoice avid becomes delinquent one month thereafter. A
late charge will be added to delinquent amounts at the rate of one-and-one-half percent(1.5 percent]for each one month of
delinquency(or the maximum allowable by law,whichever is lower). If KFIFF initiates suit to recover delinquent sums owed by
Client,KPFF shall be entitled to recover all reasonable costs incurred,including staff time,court costs,attorney's fees,expert fees
and other related costs and expenses,