Hawthorne City Council
March 11, 2025

October 17, 2023
City of Hawthorne – Senior Center Expansion
___________________________________________________________________ _________________________________________________________________________________________ 1326 Fifth Ave., Suite 630, Seattle, WA 98101 - P (206) 527-2049 - F (206) 624-7226

I. INSURANCE: Upon request by the Owner or Owners’ representative, AEC will issue its standard professional and general liability insurance. Liability shall be limited to the fee proposal amount of this Agreement or $250,000 whichever is lower.

II. INDEMNIFICATION PROVISIONS:
a. The Consultant shall be responsible for all of the work performed directly by their employees, any Associates or those persons retained or independently contracted by the Consultant to perform any of the work identified in this Agreement in concurrence with this project and the Consultant shall defend, indemnify and hold harmless the Owner/Client (as identified in the Agreement) against claims arising out of their sole negligence. b. The Consultant shall not be held responsible for any damages, injuries, etc., arising out of the acts and/or omissions of the Owner/Client or any of the Owners/Clients designated representatives, Agents, employees, other Consultants, Contractors, Sub-Consultant, Sub-Contractors, or any other persons performing any of the work requested by the Owner/Client.
c. The Consultant shall not be held responsible for any delays to the project that is beyond their direct and immediate control.

III. PROVISIONS FOR TERMINATION OF THE AGREEMENT:
a. This Agreement may be terminated by either party at any time upon the receipt of a fifteen (15) calendar day written notice to the other party to this Agreement. Should the Agreement be terminated by the Owner/Client, the Owner/Client shall provide all up-to-date compensation to the Consultant for all work performed within fifteen (15) calendar days from the date of the termination letter.

IV. MISCELLANEOUS PROVISIONS TO THE AGREEMENT:
a. This Agreement is binding upon the parties identified in this Agreement and shall be binding upon their legal representatives, executors, heirs, or administrators.
b. Should the Agreement have any provisions found to be invalid or unenforceable, the remainder of the Agreement shall continue to be in effect, less the offending provisions. c. The written Agreement shall constitute the binding requirements of the contract by both parties of the Agreement and shall not allow the introduction of any other oral and/or written agreements or understandings between the parties that are not properly identified in this Agreement. d. If the equipment is to be installed in a new or modified hoistway or in an existing hoistway, enclosure or structure, there exists the possibility that certain unforeseen field conditions may be encountered that could result in redesign work and/or additional services being required by the Consultant. If this unforeseen condition should arise, then this extra work shall be considered beyond the initial and original Scope of Work of this project as previously outlined. Therefore, any additional work required and authorized by the Owner/Client, shall be invoiced periodically, as the work progresses, utilizing a time card basis based upon the noted Hourly Rate Schedule.
e. Architectural Elevator Consulting, LLC reserves the right to obtain the services of an Associate or Associates to assist with any of the services or work that has been identified in this Agreement. f. This Fee Proposal shall be valid for a total of sixty (60) calendar days from date of issuance. g. This proposal covers the use of any Architectural Elevator Consulting, LLC specifications, drawings and/or documents for the project that is identified in this Fee Proposal only. Any use of the specifications, drawings and documents provided to the Owner are prohibited from being copied and/or used by the Owner/Client for any other project or projects without express written permission and additional compensation provided to the Consultant.

V. Excluded: Structural, electrical and mechanical engineering services are not part of this Agreement. We will provide preliminary loads for these items. Actual engineering for these items shall be by others and is not included in our fee proposal.

VI. Expenses: Traveling expenses are not included in our proposal fee. We estimate that we will perform ____field visits throughout this project. Our traveling expense per trip shall include hotel, airfare, parking, mileage, hotel, and other miscellaneous traveling expense and shall be billed at cost.

VII. Reproduction Costs: We will email all our reports in PDF format as part of our base fee. If hardcopies of the report are needed we will charge for the reproduction costs. For the construction documents we will prepare PDF Electronic files and e-mail the documents to the bidders. Any bulk specification and/or document reproduction costs required for the project shall be billed as an extra at our cost.

VIII. Billing/Payment: At the completion of the initial field review and submission of our report or contract documents we will invoice for the entire contract amount for said phase. During the Project Management phase we shall bill based work completed to date. All invoices shall be due within 30 days of invoice date. Invoices that are not paid within 60 days are subject to 1.5% interest per month or the highest legal amount permitted by state law, on the open balance.

All legal and collection fees associated with collecting the fees shall be the responsibility of the Client/Owner.

IX. Scheduling: As part of our work we will require to remove a (an) elevator from service. We will work with the building manager to schedule this during non-peak periods to ensure minimal disruption to the building operations. For the escalators we will require that the elevator service company have a mechanic on site to open and close the escalators and run the units so we can witness the operation and testing. The cost for the elevator service company’s labor and expense is not included in our proposed fee.

D 7 CONSULTING INC.

October 18, 2023
Michael Green, WELL AP
RA-DA Design and Architecture
7523 Norton Avenue
West Hollywood, California 90046
Reference: Design & Construction Administration Proposal – Building Envelope City of Hawthorne Senior Center – New Addition
Hawthorne, CA
Dear Mr. Green:

Thank you for the opportunity to provide you with this Proposal for Consulting Services for the project referenced above. D 7 CONSULTING INC. offers the following for your review.

PROJECT DESCRIPTION
The project is the addition of a 10,000-SF 2nd floor to an existing 1-story Senior Center.

D 7 CONSULTING INC. SCOPE OF WORK
D 7 will provide services related to the Building Envelope components listed in the RFP, including; Air and Water Barrier and sealants for new windows. Horizontal Waterproofing/Roofing for new Roof Terrace locations and Planter waterproofing for new planter work to be included on the Roof Terrace areas.

PHASE I – Schematic, Design Development and Construction Documents:

1. Consultant shall proceed with the Schematic Design Phase once confirmation of the requirements of the project has been discussed with the Architect:
a. Provide Basis of Design Document & material cut sheets related to the waterproofing and roofing systems for the project;
b. Develop Schematic Design for review by the Project Team; c. Review and comment on preliminary cost estimates and assist in value engineering options as requested.
d. A total of two (2) meetings in person are included.
4740 Von Karman Ave,
Suite 130
Newport Beach, CA 92660
Phone: (949) 955-2777
www.d7consulting.com
City of Hawthorne Senior Center Design & CA – Building Envelope Hawthorne, CA October 18, 2023
RA-DA Page – 2
D 7 CONSULTING INC.

2. Consultant shall proceed with the Design Development Documents of the project upon confirmation and authorization from the Architect and approval by the Owner:
a. These documents shall consist of Guideline Specifications and related Details to fix and describe materials and systems that may be appropriate for the roofing and waterproofing; b. Coordinate the design with the systems & decisions established by the Project Team; c. Provide Construction Development Specifications for roofing and waterproofing systems as part of our work on the project.
d. A total of two (2) meetings are included.

3. Consultant shall proceed with the Construction Document Phase of the project upon confirmation from the Architect:
a. Provide revisions to the Design Development Documents as required to facilitate the normal evolution of the final Project design;
b. Final preparation of Detail Drawings and final preparation of the Specification sections as determined during the Design Development phase.
c. Bid Review/Analysis and Respond to RFI’s is included. d. Two (2) meetings to review final design documents is included.

4. Plan check / Pricing Phase
a. Provide City plan check response related to the roofing and waterproofing items. b. Consultant shall provide bid review of items related to the roofing and waterproofing systems.

PHASE II – Construction Administration:

1. A D 7 Consultant will review Submittals & RFIs and provide response to all roofing and waterproofing related material sample submittals for system application, fastening, termination, etc. Review and respond to all Shop drawings and subsequent RFIs submitted by the Builder in regard to the roofing and waterproofing application.
a. A total of twenty (20) hours are included.

2. D 7 will conduct Pre-Job Conference Meetings for Roofing & Waterproofing. The meetings will entail the following:
a. Meet at the job site with the Contractor awarded the project along with the Manufacturer's Representative, Owner and all other Subcontractors;
b. Review all approved material submittals, application techniques and/or requirements; c. Establish working schedule, staging areas and review all project specific requirements or restrictions;
d. Document the minutes of the meetings and issue to all parties. e. A total of two (2) meetings are included for pre-construction conferences.

City of Hawthorne Senior Center Design & CA – Building Envelope Hawthorne, CA October 18, 2023
RA-DA Page – 3
D 7 CONSULTING INC.

3. D 7 will attend Progress Site Meetings:
a. The project Consultant shall meet at jobsite to audit ongoing roofing and waterproofing installations. D 7 will issue written reports and photos to all involved parties in order to document any modifications, changes or resolution of issues that occur during the ongoing roofing and waterproofing project.
b. A total of twelve (9) meetings are included.

4. D 7 will conduct Final Inspections. This includes the following:
a. Upon notification from the Contractor, a Final Inspection is conducted; b. A written Report will be developed noting items unfinished or incomplete prior to final acceptance of the project;
e. The Final Inspections will be conducted with all concerned parties i.e., Manufacturer's Representative, General Contractor, Roofing Contractor, Architect and Consultant, etc. f. One (1) meeting is included.

PRICING FOR EACH PHASE AND TOTAL COST
PHASE I:

SD: $ 4,400.00
DD: $ 6,500.00
CD: $ 13,300.00
````````` Sub-Total Phase I: $24,200.00
PHASE II: $ 29,500.00*
*This cost does not include Quality Assurance Observation. Final Inspections are only performed on work in which D 7 provided Full-time Quality Assurance Observation (see Note #5).

TOTAL PRICE: $ 53,700.00
Thank you for the opportunity to issue this Proposal for Consulting Services. Please contact me at your convenience if you have any questions or would like to discuss this Proposal.

City of Hawthorne Senior Center Design & CA – Building Envelope Hawthorne, CA October 18, 2023
RA-DA Page – 4
D 7 CONSULTING INC.

D 7 NOTES:

Note #1: D 7 has included services and fees for exterior wall waterproofing systems and door/window flashing components on the building. D 7 has not included interior kitchen or bathroom systems related to waterproofing. No exterior plaster, other exterior skin components are included.

Note #2: Site Visits shall consist of meetings at the project to review questions, concerns or non-compliant work related to roofing and waterproofing components on the day of each visit. D 7 will also review and document the roofing and waterproofing application on the day of each visit, provide assistance with moisture tests on substrates prior to application of roofing and waterproofing components when necessary, and review mock-up of/or preliminary installations of roofing and waterproofing components.

Note #3: Site Visits or Punchlists do not represent approval or acceptance of the roofing and waterproofing installations. Work installed prior to or after the date on which visit occurred cannot be reviewed with regard to substrate conditions, installation procedures or system attachment. Incomplete work, improper work or any component not reviewed prior to the actual day of each visit is not the responsibility of D 7.

Note #4: D 7 recommends Full-time Quality Assurance Observation in order to provide complete documentation of work related to roofing and waterproofing.

Note #5: Final Inspections are only performed on work in which D 7 provided Full-time Quality Assurance Observation.

City of Hawthorne Senior Center Design & CA – Building Envelope Hawthorne, CA October 18, 2023
RA-DA Page – 5
D 7 CONSULTING INC.

TERMS & CONDITIONS ____________
____________
D 7 must have fully executed proposal or contract for work prior to commencement of services for the project. The D 7 Terms & Conditions must be incorporated into, by reference, or included as an attachment to any contract created by or issued by the client.

Payment terms shall be Net Thirty (30) days from DATE OF INVOICE. Any other terms agreed to shall be clearly depicted within a separate contract document and must be agreed to by D 7 prior to commencement of any services on the project.

Payments made after requirement listed above or agreed upon shall incur additional cost of 3% of invoice total.

Late payment of invoices shall be cause for D 7 to stop services on the project. Work will commence when all payments due are current.

D 7 can terminate services on any portion of the project provided we have notified the client in advance no less than 30 days.

D 7 is not responsible for any 3rd party dispute. Payment of services is required regardless of client or other party entering into mediation or arbitration during the work or after the completion of the project.

D 7 reserves the right to file liens on all projects in an effort to secure payment in a timely manner. Releases or waivers shall be furnished upon payment of services in full.

Quality Assurance Observer (QAO) daily rate is based on four (4) hours or more per day. Half (½) day rate will be charged on QAO under four (4) hours. Holidays are billed at two times (2) the daily rate. Holiday Weekends are billed at one and one half times (1 ½) the daily rate. QAO in excess of eight (8) hours per day and/or forty (40) hours per week will be billed at one and one half times (1 ½) the standard rate. A Show Up fee of a quarter (¼) the Daily rate will be incurred for days when the QAO arrives at the jobsite as scheduled and no work is performed.

All Consulting services performed for the above referenced project, at the request of the client, and not specifically outlined herein, will be billed at the rate of $275.00 per hour.

D 7 reserves the right to increase the fees listed in this proposal based upon any request for insurance certificates or indemnifications above and beyond our standard coverage. D 7 will provide the Client with a breakdown of the cost, if any, and proceed only after receiving written authorization from the Client.

The Consultant will not be a constructor, thus will not participate in any construction contracts under the project. The Consultant will work with the Project Team and monitor the Roofing & Waterproofing Contractor that has been retained to perform the specified scope of work.

Limitations On Consultant’s Responsibility, Indemnity & Insurance Client acknowledges that Consultant is performing professional services on behalf of Client and in the event claims, losses, damages or expenses are caused by the negligence of Consultant or Client or both, Client agrees to indemnify and hold harmless Consultant, and Consultant’s officers, employees, agents and representatives, from and against liability for all Professional Liability claims, losses, damages and expenses whether or not insured, including reasonable attorney’s fees.

This Proposal is good for 60 days from date listed above. If after 60 days the Client requests services outlined within this Proposal, D 7 shall review and provide revised pricing as necessary.

No changes/modifications may be made to this proposal without prior consent/agreement by both parties.

City of Hawthorne Senior Center Design & CA – Building Envelope Hawthorne, CA October 18, 2023
RA-DA Page – 6
D 7 CONSULTING INC.

Agreed and accepted as of the first date set forth below.

Dated:

Client Signature

Print Name

Company
Title
Dated:

Principal’s Signature
Joseph Daniels, President
Print Name
D 7 CONSULTING INC.





 









!"
#$$#%

&
'()%*%

+,-./)!."%).!

)

-0,-,+
+
-010+2,
"$

,1

+,3
,3,
4 +
56789:;<=>::?<@A6B:C>9DE9F7GAH IJK<L9MN8G>?:<O:?6G><P:?N:><Q?E<R;GG><9EE6N6G?<R>GA<STU  ""$ V:;6W9<X8GA9W<UE9AW<YZ"[$%%#%
\ ]%

++
^ %_Y
([

#%
\ %


Y[

#%
\  % 
^*

!/
"&$
] "

Z&"$%%/"$!
 `!"!Z%#a""&$$" 

*&
$
b,0
*%"


!"
! %"&"/%"#%!
&
*%




"
*&!""$

""
`"$
&
"c"
/*#%!
&
*%




"!"`!"`"$
&
" 

# 
"&"(
c&/cd&""

c&
c$""&!!c&"&*
 
_%%a/"$
b+-

# efffffffffffffffffffff
c"
"!`!"`!"`"$
$"#"

+"!"%* %
!
#^"!"*`

/
&$
%%
""
!"g
`
&

!
0
 %!
# efffffffffffffffffffffh(%*!



,
0!
# i!
"d&
j$/%(
_h
/c"
!
`!"k#
"%&$"**%(

*$"g

""
"!"d&
# a
`!"!


"

`"$"&%&
%/"/!*
* *"
# efffffffffffffffffffffh"!!c# %"$%& 
# 
_%%a/"$
b
0

# efffffffffffffffffffff
c*$`!"#"

*$"%*%
!
# `
&

!
0
 %!
# efffffffffffffffffffffh(%*!



,
0!
# i!
"d&
j$/%(
_h
/c"
!
`!"k#
"%&$"**%(

*$"g

""
"!"d&
# a
`!"!


"

`"$"&%&
%/"/!*
* *"
# efffffffffffffffffffffh"!!c# %"$%& 
#
RFP Pricing Hawthorne Senior Center Renov – KMAC
10/19/2023

Proposal pricing for Hawthorne Senior Center Renovation Project, Monrovia, CA KMAC – Specifications and Technical Assistance
Lump Sum pricing by Phase: (Breakout per Phase)
Construction Specifications and Technical Assistance:

SD Design submittal - $3,360
(Outline specifications)
DD Design submittal - $15,400
(Partial and in-progress specifications)
CD Design Submittal (Permit) – $13,440
(Full length specifications)
Permit/Bid – $2,800
(AHJ corrections and packaging, Bidding & Negotiation assistance) CA: Technical review and CA assistance (RFIs, submittals, substitutions, etc.) – $1,400.

Total - $36,400
Reimbursables - $2,400 (One trip to LA as required for team meetings) (Optional – use if needed) Separate line items: (Deducts or adds to total price above) Removal of Creation of Division 00/01 documents (DD/CD phase) – Deduct $6,000 Additional hours of CA or technical assistance – At hourly rate of $150 per hour.

Assumptions/Exclusions/Qualifications/ Notes:

1. Pricing is based on information received from Michael Green of RA-DA on 10/12/2023 and 10/19/2023.

2. Pricing includes creation of Division 01 and coordination with Owner’s Front end (Contracts and conditions) documents. Division 01 creation is included in the base price, if not needed, separate line items deduct pricing is included.

3. Coordination and assembly of specifications and Project Manual documents by disciplines directly contracted to/directed by AOR is included in this pricing.

4. Pricing assumes review of City standards and documents, but not use of specific City master spec. Pricing is contingent on use of consultant’s own master specification.

Full proposal will follow if RA-DA wins project.

 












 !!"#
$ %&''&(%%!
)*+(,(

- ./+$. (+.$%"+"


01
0020
3 % '

 001-2
0
1-
14 
56789:;<=>::?<@A6B:C>9DE9F7GAH I:J<K9LM8G>?:<N:?6G><O:?M:><IPQ<RG><ISTS<UR9VM<MW>?9>GW?EX % ' =;:??<Y9??:><Z'[%$ (&(%\
](
-

^
(_Z%*[
"&(%\ (

%Z[
"&(%\`,a[%$
(&(%`Z,a[%$
(&(%\ 
($$a
"ab
 
",!
c
" '$$ &^*a! ,, '/ ,(%

"a!"
&d, " 



/$$ 
(  (a&_


2- a
e--22f  0
2
&
g  ($ch '0



 ' a !(!,h$"",a





a""&ch ' !(!%((
((
$!%,'

c

# /( ,%"
"
%"'
,!$ 
$
! ",%/""("""" ! ("
/&i"",!"'(%$ j!

c

 /( (!"'k
! " (""!(*'


"' $!%,'
 % %$ **(  %(( ,j!"&  l
,!"' , (a"!,' $$h '((%"!a /(,,'!'"' !a /(,j!"&i"" "m''''(  ('%^-$!' ! " ''&d(!" # / h ' & ((
ik
" ,!"!("( a % "%"(h ' !(! $
 ! ""
!  "" !(! %"/&$( a
!  %h("
^-'a

(a "" 


'"'(  %"2

^ &
!%,'
 %( "( *( 
$,"% ( " $$'#'  a ./ % "'(" $$'& c((ed" ''$!'! ^-(%$" '"c((!a /(!$'"cc" ' c("& '(( /(&
amf_c''# ^nndk-#c'a%"(%$("(!%  cm^_cn^m^_ciko%'c'a# ch(!"  !(!"(/''&ch(!" d`g*$(`/  & (($!%,'" '
("
c
p($$/ q-2

c((q-1


^-q2


 ' !, q0 2


^.
-
 %hq2h("q0-

g '%q
0

g* $( /,hg  q2


&
 












 !!"#
$ %&''&(%%!
)*+(,(

- ./+$. (+.$%"+"


01
0020
3 % '

 001-2
0
1-
14 
5
&6
7 ($7' 89:;8<8=>?>@AB=C@DE>FF;D?9GF 
H&!
- 6( 0
2
2 
# 1
-
6& &%$
(&(% 'I%$
(&(%
J

2


(5 5 K/$L( M!/&
 %*
M!'L!  $! !&K  
 !!"
$$  (/" /M&N%*% M!/ MO!  &
 %% K,!,!((*'%M%  "M&6*M!  M 
M!%"( "&

PQRSTUVWXY
(5Z7NN


%*I
"&(% &
"&(%
Spence Environmental Corp.

Spence Environmental
4622 E. Lavante Street
Long Beach, CA 90815
Email: [email protected]
Contact Phone: 562-476-5538
October 20, 2023
Michael Green
RA-DA
7523 Norton Avenue
West Hollywood, CA 90805
Subject: Proposal for Asbestos and Lead Survey
City of Hawthorne Senior Center Project
3901 West El Segundo Boulevard
Hawthorne, CA 90250
Reference: 2023, Requests for Proposals (RFP) for City of Hawthorne Senior Center, Design Services, October 3
Dear Michael Green:

Spence Environmental Corp. (Spence-Enviro) is pleased to submit this cost proposal in response to RA-DAs request to join their team in support of their upcoming response to the referenced Design Services RFP for the City of Hawthorne Senior Center located at 3901 West El Segundo Boulevard, Hawthorne, California (site). Renovations are planned including the addition of a 2nd floor of approximately 10,000 square feet to the existing 1-story Senior Center structure
(includes an approximate 9,600 SF area) located in the rear parking lot of the City Memorial Center. Renovations to the first floor are also planned which include but not limited to new stairway and elevator to the new 2nd floor, new offices, flooring and a new window wall. An asbestos and lead survey are needed in support of the renovations. In addition, abatement specification documents may be needed based on the findings of the surveys.

Scope of Services
The following tasks are included in our proposed scope of work.

TASK 1 – ASBESTOS AND LEAD SURVEY
• Perform project coordination, participate in project conference calls, and perform project administration tasks
• Michael Cushner, a California Division of Occupational Safety and Health Certified Asbestos Consultant, who is certified as a California Department of Health Lead Related Construction Inspector/Assessor (Appendix A) will perform the asbestos and lead field survey work
• Perform a lead-based paint survey with an X-ray fluorescence (XRF) analyzer RA-DA
City of Hawthorne Senior Center Project
Proposal for Asbestos and Lead Survey
RA-DA City of Hawthorne Senior Center Project Asbestos and Lead Proposal 2 October 20, 2023
o Inconclusive XRF readings, if any, may require collecting representative paint chip samples
• Submit samples to a certified independent laboratory to be analyzed as follows:
o Up to 110 suspect asbestos bulk samples will be analyzed for asbestos content using a 72-hour turnaround time
o Up to 5 of the 90 bulk samples will be analyzed by 400-point count using a nextday turnaround time o Up to 6 paint chip samples, if needed, will be analyzed using a 72-hour turnaround time.
• Prepare a report summarizing the sampling tasks and provide recommendations concerning needed abatement and/or cleanup activities
• Assist RA-DA with preparing estimated costs of abatement, based on the survey findings TASK 2 –ABATEMENT BID SPECIFICATION PREPARATION (IF NEEDED) • Prior to Spence-Enviro’s preparation of the abatement bidding specification documents, we will meet with your assigned representative to discuss the findings of the surveys (Task 1). Based on these findings, your representative will provide guidance and requested response actions, which may include potential asbestos or lead abatement, encapsulation tasks, paint stabilization tasks, or the material stays in place and managed by an operations and maintenance program
• Based on the guidance provided by your representative and the results of the surveys, Spence-Enviro will prepare an asbestos, and lead abatement bid specification documents in support of the renovation tasks. The document will include the required asbestos and lead abatement scope of work; worker or contractor certification requirements; regulatory notification submittal requirements; abatement and/or stabilization methods and procedures; regulatory requirements; engineering controls and equipment; disposal and manifest requirements; clearance for re-occupancy requirements; and close-out reporting requirements.

Assumptions
We have developed the proposed scope of services and cost estimate based on the following assumptions:
• Exterior and roofing require sampling. Roof access is available through an existing roof hatch or safe access attached ladder to the existing building. Roofing area sample locations will be re-patched with roofing mastic. This is not a professional repair. • Fieldwork will be completed in two days with one inspector, or potentially one day with two inspectors.
• Full site access to the sampling areas will be granted during normal business hours Monday through Friday.
• The visual observations made, and material sampled for the surveys will be limited to accessible portions of the structure. As such, some materials and/or surfaces that are RA-DA
City of Hawthorne Senior Center Project
Proposal for Asbestos and Lead Survey
RA-DA City of Hawthorne Senior Center Project Asbestos and Lead Proposal 3 October 20, 2023
enclosed in wall cavities, ceiling, or canopy soffits, and behind plumbing fixtures may be inaccessible.
• If additional laboratory analysis is needed, you will be contacted for an additional budget.
• Preparation of an estimated cost of abatement document is not included.

Schedule
Following receipt of your written authorization to proceed, Spence-Enviro will commence the services described herein and schedule the field survey. We anticipate that the survey report and abatement bid specification documents will be delivered within three weeks of receipt of final laboratory data.

Estimated Fee
Our services will be performed for the estimated fees noted below for each of the tasks and also presented in the attached Tables 1, and 2.

Task 1 - $10,272 Task 2 - $2,600 (if needed)
Grand Total of Task 1, and 2 = $12,872
Upon a Project award selection for RA-DA, and if the terms and conditions of this proposal meet with your approval, please sign, and return our agreement which is presented in Appendix B. Best of luck on your submittal.

Respectfully submitted,
Michael S. Cushner
Principal/Operations Manager
Attachments:

Table 1 – Asbestos and Lead Survey (Task 1)
Table 2 – Abatement Bid Specification Documents (Task 2) Appendix A Certifications
Appendix B Agreement
Distribution: Addressee (via email)
Table 1 = Asbestos and Lead Survey (Task 1)
City of Hawthorne Senior Center Project
Breakdown of Fee Per Staffing Code
Project Coordination
Principal 3 hours @ $ 175 /hour $ 525.00
Asbestos Consultant 4 hours @ $ 135 /hour $ 540.00
Lead Inspector 2 hours @ $ 110 /hour $ 220.00
Subtotal $ 1,285.00
Field Services (Asbetos and Lead Survey)
Asbestos Consultant 10 hours @ $ 135 /hour $ 1,350.00
Lead Inspector 10 hours @ $ 110 /hour $ 1,100.00
Field Vehicle 2 days @ $ 50 /day $ 100.00
Asbestos Sampling Supplies 1 days @ $ 30 /day $ 30.00
XRF Daily Usage Fee 1 days @ $ 650 /day $ 650.00
Subtotal $ 3,230.00
Laboratory Services
Asbestos PLM Analysis (72-hour TAT) 110 tests @ $ 18 /test $ 1,980.00 Asbestos PLM 400 Point Count Analysis (72-hour TAT) 5 tests @ $ 55 /test $ 275.00
Lead in Paint Analysis (72-hour TAT) 6 tests @ $ 12 /test $ 72.00 Subtotal $ 2,327.00
Asbetos and Lead Survey Report
Principal 4 hours @ $ 175 /hour $ 700.00
Asbestos Consultant 10 hour @ $ 135 /hour $ 1,350.00
Lead Inspector 10 hours @ $ 110 /hour $ 1,100.00
Editor 4 hours @ $ 70 /hour $ 280.00
Subtotal $ 3,430.00
Total Estimated Fee For Task 1 $ 10,272.00
Notes:

PLM = polarized light microscopy
TAT = turn-around time
Table 2 - Abatement Bid and Specifcation Documents (Task 2) City of Hawthorne Senior Center Project
Breakdown of Fee Per Staffing Code
Project Coordination
Principal 4 hours @ $ 175 /hour $ 700.00
Asbestos Consultant 6 hours @ $ 135 /hour $ 810.00
Lead Project Monitor 6 hours @ $ 135 /hour $ 810.00
Editor 4 hours @ $ 70 /hour $ 280.00
$ 2,600.00
$ 2,600.00
Subtotal
Total Estimated Fee For Task 2
Appendix A
Certifications

Appendix B
Agreement
Agreement
Client agrees with the proposed scope of work,
pricing, and approves for Michael Cushner to move
forward with the City of Hawthorne Senior Center
Project based on the scope of services outlined in
the Spence Environmental Proposal document,
dated October 20, 2023. One invoice will be
prepared and delivered to RA-DA following the
deliverable of the reporting documents. Payment
is due within seven (7) days of receipt of invoice.

Consultant Client
Michael Cushner: RA-DA
Signature: Signature:

Date: Name:

Date:
15231 Laguna Canyon Road, Suite 100, Irvine, CA 92618 A October 19, 2023
Mr. Michael Green, WELL AP
RA-DA
7523 Norton Avenue
West Hollywood, CA 90046
Re: Hawthorne Senior Center (202320301)
Engineering / Consulting Proposal and Professional Service Agreement Dear Michael,
Thank you for the opportunity to collaborate with your firm on this project.

We are pleased to provide this proposal to furnish engineering / consulting services for the above-referenced project. Our total fee is $110,500.00, the details of which are provided in Exhibit B in this document.

Please contact me if you have any questions and/or comments regarding this proposal.

If you find the scope and fees acceptable, please execute this agreement accepting the terms and conditions stated herein. If we are directed to proceed prior to the execution of a contract, the terms outlined in our proposal/agreement shall prevail until such time as an agreement is fully executed.

This proposal will remain open for thirty (30) days from October 19, 2023.

Sincerely,
tk1sc
Mathew Mershimer
Mathew Mershimer, PE
Vice President – Fire & Life Safety
Copy to: Mr. Rick Brysacz, tk1sc
Ms. Amy Hoover, tk1sc
J:\Proposals\2023\202320301 Hawthorne Senior Center\202320301 Hawthorne Senior Center.docx Hawthorne Senior Center (202320301)
Engineering / Consulting Proposal and Professional Service Agreement – Exhibit A October 19, 2023

15231 Laguna Canyon Road, Suite 100, Irvine, CA 92618 2 PROFESSIONAL SERVICES AGREEMENT (“PSA”)
Between tk1sc (SUBCONSULTANT) and ARCHITECT / PRIME CONSULTANT (CLIENT) This Agreement is entered into effective October 19, 2023, to provide engineering / consulting services for the project named Hawthorne Senior Center (202320301) described in Exhibit A, between RA-DA (Client) and tk1sc.

1. Subconsultant will:
a. Provide those Basic Services outlined in the attached Exhibit C and such other related additional services as the parties may mutually agree.
b. Direct all Project communications to and through Client unless Client indicates or directs otherwise.
c. Assist as reasonably requested in Client’s Project coordination. d. Subconsultant will maintain the insurance program outlined in Exhibit D.

2. Client will compensate Subconsultant for Basic Services pursuant to Exhibit B and for additional services pursuant to Subconsultant’s then-current fee schedule, or as the parties may mutually agree at the time the services are undertaken.

3. This Agreement is subject to the terms and conditions set forth in Exhibit D.

RA-DA (Client) finds the scope and fees acceptable and by executing below has agreed to accept the terms and conditions stated herein. If tk1sc is directed to proceed prior to execution of this professional services agreement, the terms set forth in our proposal/agreement shall prevail until such time as an agreement is fully executed by both parties. If tk1sc’s services are provided at the direction of the client, but in the absence of an executed agreement, the terms set forth in this Professional Services Agreement shall prevail.
tk1sc RA-DA (Client)
Raymond Swartz, PE, MIES, LEED AP Name (Signature Above):

Senior Vice President I Title:

Lic. #E15610 Client Project No.:

Attachments Professional Service Agreement
EXHIBIT A – PROJECT DESCRIPTION
EXHIBIT B – COMPENSATION
EXHIBIT C – ENGINEERING AND CONSULTING SCOPE OF SERVICES DESCRIPTIONS EXHIBIT C(LV) – LOW VOLTAGE SYSTEM CONSULTING SCOPE OF SERVICES EXHIBIT C(FP) – FIRE PROTECTION ENGINEERING SCOPE OF SERVICES EXHIBIT D – INSURANCE / TERMS AND CONDITIONS
J:\Proposals\2023\202320301 Hawthorne Senior Center\202320301 Hawthorne Senior Center.docx Hawthorne Senior Center (202320301)
Engineering / Consulting Proposal and Professional Service Agreement – Exhibit A October 19, 2023

15231 Laguna Canyon Road, Suite 100, Irvine, CA 92618 3 EXHIBIT A – PROJECT DESCRIPTION
Description of Project
Project Name: Hawthorne Senior Center (202320301)
City / State: Hawthorne, CA
Project Type: Residential
Project Description: To provide fire protection and LV/security consulting/design services. -----END-----
Hawthorne Senior Center (202320301)
Engineering / Consulting Proposal and Professional Service Agreement – Exhibit B October 19, 2023

15231 Laguna Canyon Road, Suite 100, Irvine, CA 92618 4 EXHIBIT B – COMPENSATION
A. Compensation for the scope of services in accordance with the attached exhibit(s) shall be based upon the following fixed fee(s):

Engineering / Consulting Services:

Code Consulting $ 12,000.00
Fire Sprinkler – Full Design $ 30,000.00
Fire Alarm – Full Design $ 24,000.00
Technology – Structured Cabling, Security $ 35,000.00
Technology – Audio Visual $ 9,500.00
Total Fee $ 110,500.00
B. Reimbursable expenses are in addition to the compensation listed above and shall include costs for reproductions (copies, binding, blueprints, CADD plotting), mileage, parking costs, postage and messenger delivery charges, transportation (auto rental, taxi, bus, airfare), meals, and lodging, plus other expenses incurred in connection with out-of-town travel (must be approved by Client). Also, they may include costs associated with photographic production techniques, renderings, models, mockups, etc. (with client approval), plus any additional insurance coverage or limits, including professional liability insurance that is requested by Client in excess of that normally carried. Billing for allowed reimbursable expenses will be as follows: Cost plus 15%
Hawthorne Senior Center (202320301)
Engineering / Consulting Proposal and Professional Service Agreement – Exhibit B October 19, 2023

15231 Laguna Canyon Road, Suite 100, Irvine, CA 92618 5 C. For additional services, such as changes to the scope of work after commencement of Contract Documents or preparation of record drawings of existing conditions, the Client shall pay the Engineer on an hourly basis as follows:
2023 Hourly Billing Rates – All Engineering / Consulting Services:

All professional services including, but not limited to, Acoustics, Audio-visual, Commissioning, Electrical, Enclosures, Fire Protection, Lighting, Mechanical, Plumbing, Security, Structural, Sustainability, Technologies, and Telecommunications:

Senior Vice President $350
Vice President $290
Assistant Vice President $250
Lead Consultant / Senior Lead Technician $220
Senior Consultant / Lead Technician $190
Consultant / Senior Technician $160
Associate Consultant / Specialist Technician $135
Assistant Consultant / Sr. Coordinator Technician $120
Sr. Project Coordinator / Coordinator Technician $110
Technician Assistant / Coordinator / Project Coordinator $100 Administration $90
The above hourly rate schedules are firm for twelve months from date of execution of contract with an annual escalation of 5% thereafter.
-----END-----
Hawthorne Senior Center (202320301)
Engineering / Consulting Proposal and Professional Service Agreement – Exhibit C October 19, 2023

15231 Laguna Canyon Road, Suite 100, Irvine, CA 92618 6 EXHIBIT C – ENGINEERING AND CONSULTING SCOPE OF SERVICES DESCRIPTIONS Professional Services
We will provide full-service engineering / consulting services.

Engineering / Consulting Basic Scope of Services Options Based upon the indicated Professional Services, the following specific Scope of Services options are included in this scope.

Scope Included Basic Engineering / Consulting / Design Service Description ☐ Mechanical Engineering services.
☐ Electrical Engineering services.
☐ Plumbing Engineering services.
☐ Structural Engineering services.
☐ Architectural Lighting Design services.
☐ Utility Company Coordination services.
☐ Energy & Sustainability Consulting services.
☒ Fire Protection Engineering services.
☐ Renewables services.
☒ Technology System Design services.
☒ Structured Cabling System Design services.
☒ Audio / Visual System Design services.
☒ Electronic Access Control Design services.
☐ Emergency Responder Radio Coverage System Design services. ☐ School Integrated Communications System Design services. ☐ Synchronized Clock System Design services.
☐ CATV/MATV System Design services.
☒ Video Surveillance System Design services
☒ Intrusion Alarm Design services.

Project Specific Scope Clarifications
Fire Protection:

1. Fire water flow test to be provided by others.

2. As-built fire sprinkler and alarm drawings to be provided in CAD/PDF format.

3. Code Consulting CA phase is excluded.

4. Fire pump/standpipe design/consulting is excluded.

5. Special detection/suppression design/consulting is excluded.

Technology Systems include:

1. Structured Cabling System for data, voice, TV throughout. a. Assume incoming telecom service to the building will remain in the same location.

2. Electronic Access Control, Intrusion Alarm and Video Surveillance Systems. a. Assume these are new systems.

3. 2-way communications system in elevator lobbies above level of egress (code required).

4. Emergency First Responder Radio System Distributed Antenna System (EFRRS-DAS) is excluded. Most jurisdictions to not require for building 3-levels or fewer.

Hawthorne Senior Center (202320301)
Engineering / Consulting Proposal and Professional Service Agreement – Exhibit C October 19, 2023

15231 Laguna Canyon Road, Suite 100, Irvine, CA 92618 7 AV Systems to include:

1. Video Displays with AV inputs and Controls.

2. Speaker Systems for Music and/or AV audio content.

3. AV equipment rack(s).

4. AV system infrastructure.

Engineering / Consulting Sub-Consultants
Sub-consultants are not proposed for this project.

Engineering / Consulting Design and Construction Administration Phases Phases
Included Phase Descriptions
☐ Feasibility / Programming Phase services.
☒ Schematic Design Phase services.
☒ Design Development Phase services.
☒ Construction Document Phase services (includes Building Department services). ☒ Construction Administration Phase services (includes Bidding services).

Engineering / Consulting Design Phase Meeting(s)
Design Meeting(s): Two meeting(s) per scope exhibit.

Construction Administration Phase Visit(s)
CA Visit(s): One visit(s) per scope exhibit.

Engineering / Consulting Permit Packages and Construction Phase(s) Number of Permit Package(s): One
Number of Construction Phase(s): One
LEED Design and Certification
Although we can provide these services, this scope of work does not include design or commissioning related scope efforts in pursuit of a LEED certification.

Building Information Model (BIM) Services
Our scope of work includes our assistance in creating a Building Information Model (BIM) per the requirements of AIA Document E202™ - 2008. As the Model Element Author (MEA) for the in-scope Model Element (ME), we will develop the BIM using the Autodesk Revit program to a level of development summarized in tk1sc BIM Appendix (available upon request). In no event will the ME contain a LOD over 300. tk1sc BIM is approved only for the selected uses below:

Standard BIM Uses
X Design Authoring X
Design Reviews / Model
Reviews X
Design Model
3D Coordination / Clash Detection
Hawthorne Senior Center (202320301)
Engineering / Consulting Proposal and Professional Service Agreement – Exhibit C October 19, 2023

15231 Laguna Canyon Road, Suite 100, Irvine, CA 92618 8 Additional BIM Uses
X Existing Conditions Modeling X Asset Management X
Design Model
3D Coordination / Clash Detection
For definitions of BIM uses reference tk1sc BIM Appendix.

It is understood that while the specific Model Elements may include data that exceeds what is required by the LOD descriptions listed in tk1sc BIM Appendix, Model Users and subsequent Model Element Authors may rely on the accuracy and completeness of a Model Element consistent only with the content required for the specific LOD listed in tk1sc BIM Appendix. Any client changes to the Model Element Table LOD requirements, beyond what is defined in tk1sc BIM Appendix, may incur additional fees.

Reliance on Model Elements
Any use of, or reliance on, a Model Element inconsistent with the LOD indicated within the model element table by subsequent Model Element Authors or Model Users shall be at their sole risk and liability to the new Model Element Author / Model Users.

At any Project milestone, a Project Participant may rely on the accuracy and completeness of a Model Elements only to the extent consistent with the minimum data required for the Model Element’s
LOD for that Project Milestone. Content of a specific Model Element includes data that may exceed the minimum data required for the identified LOD. For tk1sc LOD definitions and model element table, reference tk1sc BIM Appendix.

AutoCAD Projects that require a Revit Coordination Model deliverable, shall rely on the “AutoCAD Coordination Model Element Table” presented in the tk1sc BIM Appendix.

Client Model Update Frequency and Timing
This agreement assumes that the client provided model updates will be using file sharing websites to exchange drawings and models once every two weeks for the length of the project schedule. Additional model updates that occur beyond the two-week interval are subject to an additional service. Our scope of services assumes the model will be “frozen” with no model updates being issued when the project is within – three business day of a project milestone deliverable.
3D Clash Coordination/Clash Detection
Where tk1sc is required to provide 3D coordination or Clash Detection models to the client, coordination elements will uphold the minimum tolerances listed within the tk1sc BIM Appendix.
tk1sc can only perform 3D coordination or Clash detection with model elements authored from a 3D Design Authoring software.

Attendance at or participation in Client BIM Coordination/Clash detection meetings is to include one meeting(s) and be attended by one team member(s), as part of this scope of work.

Attendance at Contractor(s) BIM coordination/Clash detection meetings is not included in this scope of services.

Hawthorne Senior Center (202320301)
Engineering / Consulting Proposal and Professional Service Agreement – Exhibit C October 19, 2023

15231 Laguna Canyon Road, Suite 100, Irvine, CA 92618 9 tk1sc-to-Contractor Model Transfer
tk1sc is responsible for model elements within their scope of work. Models that will be delivered to the Contractor(s) for continued development will be owned by the Contractor(s) from that point forward. The use of Contractor specific software is not included in this scope of work.

Record Drawing Drafting Services
Although we can provide these services, this scope of work does not include any CAD/BIM drafting of as-built conditions.

Commissioning Scope of Services
Although we can provide these services, this scope of work does not include in any commissioning efforts or services. Our basic engineering services includes any required coordination and BOD documentation as required by a third-party commissioning agent. -----END-----
Hawthorne Senior Center (202320301)
Engineering / Consulting Proposal and Professional Service Agreement – Exhibit C (LV) October 19, 2023

15231 Laguna Canyon Road, Suite 100, Irvine, CA 92618 10 EXHIBIT C(LV) – LOW VOLTAGE SYSTEM CONSULTING SCOPE OF SERVICES A. Schematic Design Services:

1. Confer with the Architect, Owner, and other Consultants to determine design criteria, design, and scope of work.

2. If applicable, review as built / record documentation provided by Client.

3. If applicable, consultant will visually review the reasonably accessible portions of the existing facilities to ascertain in general the accuracy of the Project’s applicable “as built” documentation, taking such photographs and preparing such documents for consultant’s internal use as are in consultant’s judgment appropriate and economically justified; but these service will not involve the preparation of detailed “as builts,” nor any detailed surveys, any destructive investigation or inspection or any testing of materials or equipment.

4. Provide preliminary single-line diagrams and riser diagrams.

5. Establish approximate sizes and space requirements for new equipment.

6. Prepare schematic plans in the consultant’s standard format and level of detail.

7. Provide schematic catalog cut sheets of equipment, as required.

8. Prepare outline specifications in the consultant’s standard format and level of detail.

B. Design Development Services:

1. Provide up-to-date single-line diagrams and riser diagrams.

2. Provide up-to-date approximate sizes and space requirements for new equipment.

3. Prepare design development plans in the consultant’s standard format and level of detail.

4. Provide design development catalog cut sheets of equipment, as required.

5. Prepare outline specifications in the consultant’s standard format and level of detail.

C. Construction Document Services:

1. Prepare in the consultant’s standard format and level of detail. Systems will be designed and documented in a performance specification format for design build delivery.

D. Construction Administration Services:

1. Provide support services for assisting prospective bidders related to construction document interpretations, clarifications, and supplement documentation, as required to support the design intent. Provide responses to all pre-bid inquiries from prospective bidders regarding construction documents and specifications.

2. Review shop drawings, manufacturers' prints, submittals, and samples furnished by the Contractor pursuant to the industry-standard protocol set forth in AIA Document A201- 2007.

3. Confer with the Architect, Contractors, and other Consultants to resolve related construction issues.

4. Make field observations as directed, per the quantity listed in Exhibit “C-Engineering and Consulting Scope Of Services Descriptions”, in order to review the progress of the Hawthorne Senior Center (202320301)
Engineering / Consulting Proposal and Professional Service Agreement – Exhibit C (LV) October 19, 2023

15231 Laguna Canyon Road, Suite 100, Irvine, CA 92618 11 work and to be available to address contractor questions, but not to provide construction inspection.

5. Assistance in preparation of Verified Reports, if required.

E. Optional Additional Services Available at an Additional Fee:

1. Submittal of any documents to any governmental agencies.

2. Value engineering services if the in-scope construction costs are within budget.

3. Services resulting from significant changes in the scope of the project's features. The building department submittal documents are considered final design documents.

Design changes after submittal to the building department are not included in this proposal. Minor revisions as required due to the normal evolution of the project are included.

4. Early procurement packages separate from the construction document packages.

5. Assistance with RFP bid evaluation, bid leveling, and facilitating Bidding Contractor presentations to the Client and/or Client site visits of Bidding Contractor’s projects.

6. Design or engineering related scope efforts for:

7. Emergency Responder and/or Neutral Host Distributed Antenna System (DAS).

8. Paging System.

9. Sound Masking System.

10. WAN / LAN equipment, servers, computer hardware and/or software.

11. Telephone Systems.

12. Lecture Capture Systems.

13. 2-way Emergency Communications Systems.

14. Telepresence-type Video Conferencing systems.

15. Assistive Listening Systems – unless AV design services are being provided for an area requiring Assistive Listening by the Building Code.

16. Acoustic Analysis (although basic practice recommendations will be made, detailed acoustic measurement and analysis is not included).

17. 802.11-type Wi-Fi or DAS RF analysis (although basic practice recommendations will be made, detailed acoustic measurement and analysis is not included).

18. Telecommunications Service Provider Coordination such as application for service, contract negotiations, provisioning or construction coordination.

F. Services Not Included:

1. All backgrounds, and requested architectural details, are to be provided by the Architect in CAD “.dwg” or “.rvt” format.

2. Structural engineering.

3. Any street lighting / signalization drawings or specifications.

4. Detailed cost estimates – although coordination with the project’s cost estimator is included.

5. Dimensions and elevations for in-scope devices. This proposal assumes that all critical dimensions of all scope related devices will be documented on the architectural drawings.

6. Off-site work.

7. Payment of any Plan Check fees, Permit fees, Utility Company fees, or fees of any kind.

Hawthorne Senior Center (202320301)
Engineering / Consulting Proposal and Professional Service Agreement – Exhibit C (LV) October 19, 2023

15231 Laguna Canyon Road, Suite 100, Irvine, CA 92618 12

8. Physical inspection and/or inventory of any existing equipment and/or systems.

9. Engineer will provide code research relating to reasonably accessible applicable codes and laws for the Project; however, a formal written report outlining the impacts of applicable local codes and ordinances is not included.
-----END-----
Hawthorne Senior Center (202320301)
Engineering / Consulting Proposal and Professional Service Agreement – Exhibit C (FP) October 19, 2023

15231 Laguna Canyon Road, Suite 100, Irvine, CA 92618 13 EXHIBIT C(FP) – FIRE PROTECTION ENGINEERING SCOPE OF SERVICES Code Consulting
A. Schematic Design:

1. Building and Fire Code Compliance
a. Work with the architect to develop an overall approach to building and fire code compliance.
b. Work with all members of the team to identify issues associated with fire protection, life safety, and building code compliance which will need further review and consideration as the project continues.
c. Conduct a review of the means of egress/code compliance plans prepared by the architect. One review will occur at the 100% Schematic Design project milestone.

Results will be provided to the team by Bluebeam mark-up. d. Document the following in the Fire and Life Safety/Building Code Compliance Report:
• Occupancy classifications
• Special requirements based on use and occupancy
• Building construction type and allowable height and area information • Fire-resistance rated construction requirements
• Fire protection system requirements
• Means of egress system requirements and design criteria

2. Provide ongoing consulting services for questions regarding the development of the Fire and Life Safety/Building Code Compliance Report.

B. Design Development:

1. Building and Fire Code Compliance
a. Work with the architect to refine and further develop the approach to building and fire code compliance.
b. Work with all members of the team to proactively identify issues associated with fire, life safety, and building code compliance which need coordination and consideration as the project continues.
c. Conduct a review of the means of egress/code compliance plans prepared by the architect. One review will occur at the 100% Design Development project milestone.

Results will be provided to the team by Bluebeam mark-up. d. Revise the Fire and Life Safety/Building Code compliance report to document design decisions as the project progresses.

2. Provide ongoing consulting services for questions regarding the development of the Fire and Life Safety/Building Code Compliance Report.

C. Construction Documents:

1. Building and Fire Code Compliance
a. Finalize the overall approach to fire life safety and building code compliance b. Finalize the Construction Document-level fire life safety/building code compliance report
c. Work with all members of the team to resolve any outstanding fire and life safety/building code compliance-related issues
Hawthorne Senior Center (202320301)
Engineering / Consulting Proposal and Professional Service Agreement – Exhibit C (FP) October 19, 2023

15231 Laguna Canyon Road, Suite 100, Irvine, CA 92618 14 d. Conduct a review of the means of egress/code compliance plans prepared by the architect. Two reviews will occur at the 50% and 100% Construction Documents project milestones. Results will be provided to the team by Bluebeam mark-up.

2. Provide ongoing consulting services for questions regarding the development of the Fire and Life Safety/Building Code Compliance Report.

D. Construction Administration:

1. Excluded
Fire Protection System Full Design
A. Schematic Design:

1. Work with members of the design team to identify issues for coordination and consideration as the project progresses. Such issues may include (as applicable):
a. Sprinkler zoning
b. Sprinkler hazard classifications
c. Incoming water supply
Note: Fire pump and standpipe design is excluded and would be an additional fee if determined to be required.

2. Perform one survey of the existing sprinkler system in order to verify the as-built drawings and existing conditions. The absence of as-built drawings would require a more detailed survey as an additional service.

3. Prepare fire sprinkler Basis of Design (BOD) to include system installation and applicable requirements of National Fire Protection Association (NFPA) codes and standards, specifically, NFPA 13.

4. Submit BOD to the Client for review at the 100% Schematic Design (SD) deliverable.

Client to provide any necessary feedback and markups for tk1sc to address in one round of comments.

B. Design Development:

1. Review 100% SD Phase architectural, mechanical/electrical/plumbing (MEP), and structural drawings.

2. Provide Design Development (DD) level automatic fire protection design drawings. These drawings will include the following as applicable:
a. Project information
b. Scope of Work
c. Design criteria
i. Design densities
ii. Hazard classifications
iii. Remote area
d. Water supply information (by others)
e. Phasing notes (if applicable; this is not a construction phasing plan) f. Riser locations
g. Generic seismic bracing detail placeholders
h. Section/Elevation placeholders

3. Submit drawings sheets to the Client for review at the 100% DD deliverable. Client to provide any necessary feedback and markups for tk1sc to address one round of comments.

Hawthorne Senior Center (202320301)
Engineering / Consulting Proposal and Professional Service Agreement – Exhibit C (FP) October 19, 2023

15231 Laguna Canyon Road, Suite 100, Irvine, CA 92618 15 C. Construction Documents:

1. Review 100% DD Phase architectural, MEP, and structural drawings.

2. Provide CD Level automatic fire sprinkler design drawings. These drawings will include the following as applicable:
a. Project information
b. Scope of Work
c. Design criteria
d. Water supply information (by others)
e. Phasing notes (if applicable; this is not a construction phasing plan) f. Fire sprinkler riser location and detail
g. Bulk main routing
h. Branch line locations and elevations (on architectural floor plans) i. Sprinkler locations and elevations (on reflected ceiling plans (RCPs)) j. Hydraulic reference nodes
k. Rise and drop locations
l. Seismic bracing details
m. Seismic joint details
n. Hanging details
o. Fitting details
p. Backflow preventer details (by others)

3. Provide hydraulic calculations and validation of system design from the water supply to the remote area.

4. Assemble manufacturer data sheets for sprinklers, fittings, and other system components.

5. Prepare fire sprinkler specifications to include system installation and applicable requirements of NFPA codes and standards, specifically, NFPA 13.

6. Submit drawings, product data, and specifications to the Client for review. Client to provide any necessary feedback and markups for tk1sc to address one round of comments.

7. Submit drawings, product data, and specifications to the Client for the Authority Having Jurisdiction (AHJ) review. AHJ is to provide any necessary feedback and markups for tk1sc to address one round of comments.

D. Construction Administration:

1. Provide ongoing consulting services during the Construction Administration phase to address Requests for Information (RFIs) and any other questions regarding the design of the fire sprinkler system.

Fire Alarm System Full Design
A. Schematic Design:

1. Work with members of the design team to identify issues for coordination and consideration as the project progresses. Such issues may include (as applicable):
a. Fire alarm zoning
b. Fire Alarm Control Panel (FACP) or command room (if required) location

2. Perform one survey of the existing fire alarm system in order to verify the as-built drawings and existing conditions. The absence of as-built drawings would require a more detailed survey as an additional service.

Hawthorne Senior Center (202320301)
Engineering / Consulting Proposal and Professional Service Agreement – Exhibit C (FP) October 19, 2023

15231 Laguna Canyon Road, Suite 100, Irvine, CA 92618 16

3. Prepare fire alarm Basis of Design (BOD) to include system installation and applicable requirements of National Fire Protection Association (NFPA) codes and standards, specifically, NFPA 72, National Fire Alarm, and Signaling Code.

4. Submit BOD to the Client for review at the 100% Schematic Design (SD) deliverable.

Client to provide any necessary feedback and markups for tk1sc to address one round of comments.

B. Design Development:

1. Review 100% SD Phase architectural, mechanical/electrical/plumbing (MEP), and structural drawings

2. Provide Design Development (DD) level fire alarm system design drawings. These drawings will include the following as applicable:
a. Project information
b. Scope of Work
c. Design criteria
i. FACP location
ii. Fire alarm system zoning
iii. Locations of primary power source
iv. System riser location
v. Placeholder for battery calculations
vi. Placeholder for voltage drop calculations
d. Phasing Notes (if applicable; this is not a construction phasing plan)

3. Submit drawings to the Client for review at the 100% DD deliverable. Client to provide any necessary feedback and markups for tk1sc to address in one round of comments.

C. Construction Documents:

1. Review 100% DD Phase architectural, MEP, and structural drawings

2. Provide Construction Documents level fire alarm system design drawings. These drawings will include the following as applicable:
a. Project information
b. Scope of Work
c. Design criteria
i. FACP location
ii. Fire alarm system zoning
iii. Locations of primary power source
iv. Location of all devices (notification appliances, initiating devices, and control equipment)
v. System riser location
vi. Smoke control system zoning
vii. Battery calculations
viii. Voltage drop calculations
d. Phasing notes (if applicable; this is not a construction phasing plan)

3. Assemble manufacturer data sheets for notification appliances, initiating devices, control equipment, and other system components.

4. Prepare fire alarm specifications to include system installation and applicable requirements of NFPA codes and standards, specifically, NFPA 72.

Hawthorne Senior Center (202320301)
Engineering / Consulting Proposal and Professional Service Agreement – Exhibit C (FP) October 19, 2023

15231 Laguna Canyon Road, Suite 100, Irvine, CA 92618 17

5. Submit drawings, product data, and specifications to the Client for review. Client to provide any necessary feedback and markups for tk1sc to address one round of comments.

6. Submit drawings, product data, and specifications to the Client for the Authority Having Jurisdiction (AHJ) review. AHJ to provide any necessary feedback and markups for tk1sc to address one round of comments.

D. Construction Administration:

1. Provide consulting services during the Construction Administration phase to address Requests for Information (RFIs) and any other questions regarding the design of the fire alarm system.

Unless specifically modified in the Scope Clarifications, the following items will be considered additional services:

A. Preparation or presentation of formal appeals, engineering judgments, alternate means, and methods, or variances.

B. Substantial redesign of the automatic sprinkler system once 50% of Construction Documents have been delivered as a result of architectural, mechanical, or structural changes. Any re-design after 100% Construction Documents submission will be considered an additional service.

C. Fire protection piping more than 5 ft beyond the building (e.g., underground fire supply) unless otherwise noted.

D. Services resulting from significant changes in the scope of the project's features. The building department submittal documents are considered final design documents. Design changes after submittal to the building department are not included in this proposal. Minor revisions as required due to the normal evolution of the project are included.

E. Preparation of any computational fluid dynamics (CFD) modeling that goes beyond the modeling included within the scope.

F. Revisions to previously approved studies, design documents, and/or specifications.

G. Preparation of filling forms, permits, application forms, etc., as required by the Building Department and/or other agencies having jurisdiction over the project.

H. Detailed cost estimates.

Scope Not Included
A. Any code consulting activities detailed in the scope above exclude accessibility (CBC Chapter 11, Americans with Disabilities Act, etc.) consulting.

B. Plan Check fees, Permit fees, Utility Company fees or fees of any kind will be the responsibility of the Client.

C. Printing and distribution of documents will be the responsibility of the Client.

D. Meeting minutes for all meetings as required by the project will be the responsibility of the Client.
-----END----
Hawthorne Senior Center (202320301)
Engineering / Consulting Proposal and Professional Service Agreement – Exhibit D October 19, 2023

15231 Laguna Canyon Road, Suite 100, Irvine, CA 92618 18 EXHIBIT D – INSURANCE / TERMS AND CONDITIONS
A. Minimum limits and conditions of insurance required:

1. Professional Liability Insurance - $2 million each claim / $4 million aggregate, including limited contractual liability coverage.

2. Workers Compensation Insurance - As required by state law. In addition, consultant waives all rights against Architect and its agents, officers, directors, and employees for recovery of damages to the extent these damages are covered by the worker’s compensation and employer’s liability insurance obtained by consultant.

3. Employers Liability Insurance
a. Each Accident $1,000,000
b. Disease - Policy Limit $1,000,000
c. Disease - Each Employee $1,000,000

4. Commercial General Liability Insurance
a. Commercial General Liability Insurance (CGL) with a limit of $1 million each occurrence and $2 million aggregate.
b. Client shall be included as an additional insured under the CGL policy using "blanket or specific additional insured wording or attached to the certificate of insurance.” Consultant's insurance shall be primary.

5. Commercial Automobile Liability Insurance
a. Business automobile coverage will be written with a minimum limit of $1 million for each accident.
b. The automobile liability policy shall include coverage for owned automobiles (where applicable) as well as non-owned and hired automobile coverages.

B. Policies shall be written by an insurance company "admitted" to do business in the State of California with a minimum rating by A.M. Best & Company of A-X.

C. Certificates of Insurance evidencing the above coverages shall be provided to the Client.

Each certificate shall provide a 30-day written notice of cancellation, except 10 days’ notice for non-payment of premium.
.

Hawthorne Senior Center (202320301)
Engineering / Consulting Proposal and Professional Service Agreement – Exhibit D October 19, 2023

15231 Laguna Canyon Road, Suite 100, Irvine, CA 92618 19 EXHIBIT D – INSURANCE / TERMS AND CONDITIONS
The following “Standard Terms and Conditions” shall apply to all of “the Services” carried out by WSP USA BUILDINGS INC., tk1sc or Englekirk (hereinafter “Company”), on behalf of RA-DA “the Client” as of October 19, 2023.

They shall constitute the sole contract between the Company and the Client until such time that they are replaced by a written, agreed, signed, and subsequent “Master Services Agreement.”

1. DEFINITIONS
a. “The Services” shall mean the scope of services, duties, and activities provided by the Company to the Client as defined in the attached proposal.
b. The “Agreement” refers to these Standard Terms and Conditions subject to this document.

2. AGREEMENT
The Agreement is between the Client and the Company.
a. The Client hereby confirms that it is entering into this Agreement wholly on its own behalf and not on behalf of or for the benefit of any other party, and agrees that in the event of any claim for breach of contract arising out of or in connection with this Agreement it shall be entitled to recover from the Company only the losses, if any, it has itself suffered. b. The Company shall in the performance of the Services (as defined in the proposal letter) exercise and will continue to exercise the reasonable skill, care, and diligence to be expected of a properly qualified and competent consultant experienced in the provision of such services as in effect at the time and location where the Services are performed. NO OTHER

REPRESENTATIONS TO CLIENT EXPRESS OR IMPLIED, AND NO WARRANTY OR GUARANTEE IS INCLUDED OR INTENDED IN THIS AGREEMENT OR ANY REPORT, OPINION DOCUMENT OR OTHERWISE. c. The Company shall not be required to sign any documents, no matter by whom requested, that would result in the Company having to certify, guarantee or warrant the existence of conditions whose existence the Company cannot ascertain. The Client also agrees not to make resolution of any dispute with the Company or payment of any amount due to the Company in any way contingent upon the Company’s signing any such certification. d. The Services shall be provided by the Company for the sole benefit and use of the Client unless otherwise agreed in writing by the parties. Unless otherwise agreed in writing by the parties, no person other than the Client may rely on any report or other communication made in writing or otherwise by the Company in relation to the Services. e. The Company has no responsibility for hazardous or toxic substances or other waste materials found or identified as part of the services and the Company shall have no responsibility for the removal, treatment, storage, transport or disposal of these materials unless specifically agreed in writing with the Client. In any event, the Company shall utilize only the licensed or permitted treatment, storage, or disposal facility or facilities designated by Client. f. The information contained in the proposal is provided in confidence and regarded as commercially sensitive and confidential; in particular, rates, fees, personal information and other information deemed by the Company to be commercially sensitive should not be released by the Client to any other party without the Company`s prior written consent. g. The Client acknowledges and agrees that the Services may be performed in whole or in part by subcontractors selected by the Company in its reasonable discretion. The Company will name Client as a third-party beneficiary of all subcontracts entered into the performance of work under this Agreement unless the Client authorizes otherwise in writing. h. Client agrees that the Company is not responsible for damages arising directly or indirectly from any delays for failure of performance by Client or Client's contractors or consultants or discovery of any previously undisclosed hazardous substances or differing site conditions. In addition, if the delays resulting from any such causes increase the cost or time required by the Company to perform its services in an orderly and efficient manner, the Company shall be entitled to a reasonable adjustment in schedule and compensation.

WSP USA
Suite 410
750 Holiday Drive
Pittsburgh, PA 15220
Tel: +1 412 604-1040
Fax: +1 412 920-7455
wsp.com
Hawthorne Senior Center (202320301)
Engineering / Consulting Proposal and Professional Service Agreement – Exhibit D October 19, 2023

15231 Laguna Canyon Road, Suite 100, Irvine, CA 92618 20

3. COMPENSATION
a. Compensation. In consideration of the performance of the Services, the Client shall pay to the Company the fees stated in the proposal.
b. Additional Services. If the Company is required by the Client to provide additional services outside the scope and nature of the Services set out in the proposal letter, the Client shall make payment according to the hourly rates and sums set out in the proposal letter.
c. Termination. In the event that the Client requests the Services to be aborted, the Client shall pay to the Company the fees commensurate with the work completed by the Company. For the avoidance of doubt, the fees will include the preparation of reports or other deliverable items actually carried out whether or not the Client requires them to be issued. d. Currency. All monies due to the Company shall be paid in US $ (dollars) unless specifically detailed otherwise. e. Invoices. Payment is due on the date of each invoice rendered and accounts must be settled in full within 30 days of the date of the invoice. Invoices past due more than 10 days will be assessed at an interest rate based on one percent (1%) per month or the highest applicable rate permitted by law, whichever is less. Notice of any dispute concerning an invoice must be provided in writing within 14 days of receipt of the invoice or the invoice is deemed to be correct and the full sum according to the invoice is due to the Company.
f. In the event that the Client fails to pay when due any invoice delivered to it by the Company, Company shall thereupon have a lien upon all of the drawings, specifications, plans, documents or other materials or writings prepared by the Company, or at its direction, and then in its possession, and shall be entitled to withhold all such materials from the Client until such time as payment in full of the invoice is made. This lien shall be in addition to, and not in lieu of, any rights or remedies which the Company may have under the Agreement, or at law, equity or otherwise.

4. ACCESS TO INFORMATION
Before the commencement of Services and continuing thereafter, the Client shall immediately notify the Company of any known potential or possible health or safety hazards existing on or near the project site on which Services are to be or are being, performed by Company or its subcontractors, with particular reference to hazardous substances or conditions. The Client shall furnish at the Client’s expense all information, requirements, reports, data, surveys, and instructions required by this Agreement. The Company may use such information, requirements, reports, data, surveys, and instructions in performing its Services and is entitled to rely upon the accuracy and completeness thereof. The Company shall not be held responsible for any errors or omissions that may arise as a result of erroneous or incomplete information provided by Client and/or Client’s consultants and contractors.

5. LIMITATION OF LIABILITY
Client agrees that to the fullest extent permitted by law, the Company’s total liability to client and third parties for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way related to this agreement from any cause or causes, including but not limited to the Company’s negligence, errors, omissions, strict liability, breach of contract, or breach of warranty, shall not exceed and shall be limited to the lessor of total compensation paid to and retained by the Company for services pursuant to this agreement or the amount of the Company’s insurance provided pursuant to this Agreement. The Company shall not be liable for any for lost revenues, lost profits, incidental, indirect, consequential, special or punitive damages incurred by the Client.

The Company’s liability for any claims shall be further limited to such sum as it would be just and equitable for the Company to pay having regard to the extent of the Company’s responsibility for the loss or damage suffered as a result of each claim or series of claims in question (“the loss and damage”) and on the assumption that:
a. all other Consultants and all Contractors shall have provided contractual undertakings on terms no less onerous than those applying to the Company in respect of the carrying out of their obligations, and b. there are no exclusions of or limitations of liability nor joint insurance or co-insurance provisions between the Client and any other party referred to in this clause, and any other party who is responsible to any extent, for the loss and damage that is contractually liable to the Client, and
c. all other Consultants and all Contractors have paid, or agreed to pay, to the Client, such proportion of the loss and damage which it would be just and equitable for them to pay having regard to the extent of their responsibility for the loss and damage.

Client hereby acknowledges, understands and agrees that: (1) there are risks inherent to building investigation, analysis, management, and remediation, many of which cannot be ascertained or anticipated prior to or during the course of the Services; (2) due to the inherently limited nature and amount of data resulting from building investigation methods, complete analysis of conditions is not always possible, and, therefore, conditions frequently vary from those anticipated earlier; and (3) technology, methods, accepted professional standards as well as law and policy, are undefined and/or constantly changing and evolving. In light of all of the foregoing and the Company’s lack of responsibility for creating the conditions requiring the Services, as a material inducement to and consideration for the Company’s agreement to perform the Services on the terms and at the price stated herein CLIENT SPECIFICALLY AGREES THAT THE COMPANY’S LIABILITY SHALL BE STRICTLY LIMITED AS AND TO THOSE CAUSES AND AMOUNTS PROVIDED ABOVE.

6. TERMINATION
Failure of the Client to make payments to Company in accordance with this agreement shall be considered substantial nonperformance and cause for termination. If the Client fails to make payment when due the Company for services and expenses, Hawthorne Senior Center (202320301)
Engineering / Consulting Proposal and Professional Service Agreement – Exhibit D October 19, 2023

15231 Laguna Canyon Road, Suite 100, Irvine, CA 92618 21 the Company may, upon seven (7) days’ written notice to the Client, suspend performance of services under this agreement. unless payment in full is received by the Company within seven (7) days of the date of the notice, the suspension shall take effect without further notice. in the event of a suspension of services the Company shall have no liability to the client for delay or damage caused to the client because of such suspension of services.

7. INDEMNIFICATION
The Client shall indemnify the Company and its principals, officers and employees against any liability, claim or expense (including payment of attorneys' fees and disbursements as incurred) in connection with actions, proceedings or claims by any person or entity for monetary losses (and, to the extent permitted by law, property damages and personal injuries) alleged to have occurred in connection with the performance of the Services, unless the sole cause for all such losses, damage or injuries was negligence by the Company. The foregoing shall not affect any rights of the Company to contribution or indemnification from Client. In addition, the Client hereby agrees that the Company, its principals, officers, agents and consultants are hereby released of and from any and all liability or responsibility (i) for the investigation, examination, testing, sampling or other review of any asbestos-containing materials which may be located in or about the project, (ii) for any work undertaken with respect to the removal, encapsulation or other treatment of any such asbestos-containing materials within the project, or (iii) for compliance with any laws, orders, rules or regulations imposed by any federal, state, city or other governmental entity, agency or instrumentality, except to the extent that the Company has expressly agreed in this agreement to undertake responsibility thereof. The Client does hereby agree to indemnify and hold harmless WSP from and against any and all liability, fines, suits, damages, losses, demands, costs and expenses of any kind or nature whatsoever incurred in connection with any claim or proceeding brought against the Company by any party and in any way related to any aspect of items (i), (ii) or (iii) of the immediately preceding sentence. Indemnification shall include the defense of any claims, suits, demands or fines arising therefrom, by counsel approved by the Company in writing that may be brought by the Client or by any third party. The foregoing provisions hereof shall survive the expiration or earlier termination of this agreement.

Client shall cause any and all Contractors, Subcontractors, Material Suppliers and other entities or persons (hereinafter “Contractor”) actually responsible for construction to indemnify WSP to the extent permitted by law against risk which are not normally borne by the engineering profession in the form of AIA Document A-201 - General Conditions of the Contract for Construction (1987 Edition), Section 3.18. Client shall also cause Contractor to name WSP as an additional insured on Contractor’s Comprehensive General Liability policy.

8. CERTAIN LIMITATIONS ON RESPONSIBILITY
The Company does not assume responsibility for construction means, methods, techniques, sequence or procedures, or for safety precautions and programs in connection with the work. The Company does not assume responsibility for the contractors’ failure to carry out the work in accordance with the contract requirements or for stopping the work in the event of such failure. The Company's review of the contractors’ performance is not intended to include review of the adequacy of safety measures, in, on or near the construction site. The Company is responsible for its design and reports only and is not liable for unsatisfactory performance of the any other systems resulting from code constraints, improper installation, operation and maintenance.

9. DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to this Agreement or the provision of the Services shall be settled by arbitration administered by the American Arbitration Association in accordance with its Construction Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

10. OWNERSHIP
All intellectual property rights and copyright associated with the Company’s services shall remain vested in and the property of the Company. A specific license for use may be granted by the Company. Any such license will be strictly limited to issues associated with the Services. The Company will not accept any liability whatsoever for any use of the materials to which the license is granted for any purpose other than the original intent. In the event that the Client is in default of payment of monies due to the Company, such license is agreed by the parties to be immediately withdrawn and revoked. All reports, drawings, specifications, computer files, field data, notes and other documents and instruments prepared by the Company as instruments of service shall remain the property of the Company. The Company shall retain all common law, statutory and other reserved rights, including, without limitation, the copyrights thereto.

11. CLIENT’S DUTIES
a. The Client shall procure access for the Company to the property or properties in respect of which the Services are to be performed.
b. The Client shall supply to the Company without charge and within reasonable time all necessary and relevant data and information in the possession of the Client or known to him and shall give such assistance as shall reasonably be required by the Company in the performance of the Services.
c. Where relevant to the Services, the Client shall give the Company adequate notice of any danger or hazard which might cause death or injury to their employees and of which the Client ought reasonably to be aware. d. Where relevant to the Services, the Client shall provide to the Company, prior to any intrusive investigations, full details concerning the presence and location of any underground or otherwise located services. If such details are unavailable, the Company will take reasonable precautions to identify such services including the use of specialist equipment. The Client agrees Hawthorne Senior Center (202320301)
Engineering / Consulting Proposal and Professional Service Agreement – Exhibit D October 19, 2023

15231 Laguna Canyon Road, Suite 100, Irvine, CA 92618 22 to reimburse the Company for the reasonable cost of any such precautions. Where no or insufficient information has been provided or is available, the Client agrees to indemnify the Company against any and all resulting losses or costs.

12. BUDGETARY ESTIMATIONS
Unless specifically stated to the contrary, any budgetary opinion or estimate offered by the Company, exclusive of written proposals signed by authorized representatives of the Company, is to be regarded by the Client as broad guidance only. The Company is not liable for any deviation from such budgetary opinions or estimates whatsoever.

13. NO THIRD-PARTY RIGHTS
Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or the Company. Any report issued by the Company is solely for the benefit of the Client for the purposes set out in the report and should not be relied on by third parties, or relied on for any other purpose, without the express written consent of the Company. The Company shall have no liability whatsoever to a person who is not a party to the Agreement unless otherwise agreed in writing.

If requested by the Client, the Company will consider the provision of reliance letters to third parties in a form to be agreed by the Company. In relation to property transactions the provision of such agreements will normally be limited to a lender, a first purchaser and a first tenant, and will be provided on no more than two occasions. Additional fees may be payable for the provision of this service.

14. REPORTING OBLIGATIONS
In states where there is a legal obligation for a licensed professional (employed by the Company) or the Company to report an observed release of a hazardous material or petroleum product to the environment, an imminent threat to human health or the environment, or other incident (as defined by applicable law) to a regulatory agency, the Company shall first notify the Client and its Counsel regarding the nature and timing of the required notification, but in any case will comply with the applicable legal requirements with regard to reporting.

15. SEVERABILITY
If any term or condition of this Agreement is for any reason held to be illegal, invalid, ineffective, inoperable, or otherwise unenforceable by law, it shall be severed and deemed to be deleted from this Agreement and the validity and enforceability of the remainder of this Agreement shall not be affected or impaired thereby.

16. PERSONAL LIABILITY
Notwithstanding anything to the contrary contained in any other provision of this Agreement, the Company’s partners, members, agents, directors, officers and/or employees shall have no personal liability whatsoever arising out of or in connection with this Agreement or the performance of the Services hereunder.

17. HEADINGS
The headings or captions within this Agreement shall be deemed set forth in the manner presented for the purposes of reference only and shall not control or otherwise affect the information set forth therein or interpretation thereof.

18. MODIFICATION
This Agreement may be modified or amended only by a written instrument signed by an authorized agent of each party.

19. AUTHORITY
Each individual and entity executing this Agreement hereby represents that he, she or it has the capacity set forth on the signature page hereof with full power and authority to bind the party on whose behalf he, she, or it is executing this Agreement to the terms and provisions hereof, and that such entity has authorized the execution of this Agreement as necessary to bind such entity to the terms and provisions hereof.

20. GOVERNING LAW
This Agreement shall be deemed to be a contract made under the laws of the state of New York, and for all purposes shall be construed in accordance with the laws thereof. Client agrees that any and all disputes between the parties under or relating to the terms and conditions of this Agreement shall be fully and completely adjudicated in any federal or state court located in the state of New York and Client completely and entirely waives any and all jurisdictional defenses it may have now or in the future to the jurisdictional reach of such courts.

21. BUSINESS INTEGRITY
The Company values innovation, unity and trust. We are passionate about our work and care about how we conduct ourselves with all individuals and corporations we interact with. Simply put, this is how we get things done. Our Company’s reputation depends on our ability to achieve our core values and to conduct our business ethically. To be clear, we do not, and will not, compromise on compliance with the law or on our business-conduct standards. We simply will not tolerate unethical behavior.

Hawthorne Senior Center (202320301)
Engineering / Consulting Proposal and Professional Service Agreement – Exhibit D October 19, 2023

15231 Laguna Canyon Road, Suite 100, Irvine, CA 92618 23 As your professional services provider, we undertake to follow your business integrity rules. This being said, we also invite you to review our Code of Conduct and underlying policies. These guidelines are the Company’s standard for maintaining a legallycompliant and ethical workplace. They are available through our website at: http://www.wsp-pb.com/en/Who-we-are/CorporateGovernance/Corporate-Policies/Code-of-Conduct-and-Policies/. If you have any questions about our guidelines, please contact one of the local representatives identified on our website.

For situations which pertain to irregularities inconsistent with our guidelines, please report to our independent whistleblowing provider, Expolink. This service is available 24 hours a day, 7 days a week. Information as to numbers and e-mail where to contact the service provider can be found at: http://www.wsp-pb.com/en/Who-we-are/Corporate-Governance/whistleblowing-service/. All calls and e-mails are confidential and you can remain anonymous, should you request.

22. ACCEPTANCE OF AGREEMENT
If upon submission of this Agreement to the Client, the Client fails to return a signed copy to the Company and knowingly allows the Company to proceed with the Services, such Services shall be deemed performed pursuant to the Agreement and these Terms and Conditions shall be binding the same as if the Agreement were fully executed.

By receipt and in the absence of a written declaration to the contrary, these initial “Standard Terms and Conditions” are accepted by the Client and deemed to constitute a contract between the Client and the Company for the delivery of the Services and shall be binding the same as if the Agreement were fully executed.

A. Revised: February 2021

AGENDA ITEM NO. 22.

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of 03/11/2025
Originating Department: Housing
City Manager: Department Head:

SUBJECT:

Section 8 Housing Choice Voucher Program, Award of Special Administrative Fee Funding for Small Area Fair Market Rents Implementation.

RECOMMENDED MOTION:

The staff recommends that the City Council:

1. Receive and approve for use, the Special Administrative Fees from the U.S. Department of Housing and Urban Development (HUD) to offset the transition cost of the mandatory use of Small Area Fair Market Rents (SAFMRs).

2. Authorize the Finance Department to make funds immediately available in the 810 account.

DISCUSSION:

On October 25, 2023, HUD published, Small Area Fair Market Rents in the Housing Choice Voucher Program Metropolitan Areas Subject to Small Area Fair Market Rents (FR-6426-N-01). Under this notice, which has an implementation date of October 1, 2024, HUD designated 41 new metropolitan FMR areas that must implement SAFMRs.

In accordance with PIH -- Notice 20204-16, PHAs operating in newly designated mandatory SAFMRs will receive $1,000 in special administrative fee to offset transition costs. PHAs do not need to apply for these funds as HUD will disburse them automatically based on PHAs' location in a designated mandatory SAFMR area.

Per PIH -- 2022-18, eligible transition costs could be related to activities that may include, but are not limited to, the following:

Additional outreach to families and landlords on new FMR methodology and payment standards; Development of additional briefing materials;
Hiring of additional staff;
Staff training;
Changes to rent reasonableness determinations methodology; and Required software modifications needed to accommodate SAFMRs.

The City of Hawthorne Housing Authority received confirmation notification on February 14, 2025, that HUD will be providing the special Housing Program funds.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

None
FISCAL IMPACT:

None
NOTICING PROCEDURE:
72 hours posted notice pursuant to the Ralph M. Brown Act

ATTACHMENTS
SAFMR Special fees
SAFMR Special fees (b)
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, DC 20410-5000

OFFICE OF PUBLIC AND INDIAN HOUSING

HAWTHORNE HOUSING
4455 W 126TH ST
HAWTHORNE, CA 90250-0000
Dear Executive Director:

February 14, 2025
Kimberly Mack
Executive Director
Miguel A. Fontánez
Director
Housing Voucher Financial
Management Division
Sincerely
Thank you for your continued participation in the Housing Choice Voucher (HCV) Program and for ensuring decent, safe and affordable housing for families most in need in your jurisdiction.

In June, HUD emailed your PHA inviting you to participate in a SAFMR Community of Practice and your PHA responded that it would participate. Therefore, in accordance with PIH Notice 2024-16, your PHA has been awarded $1,000 in special fees. These special fees must be used only for eligible purposes identified in PIH Notice 2022-18. You will receive an amended Consolidated Annual Contributions Contract in the next week or so under separate cover. Payment will automatically be scheduled at the time funding is contracted.

Should you have questions concerning this determination, please contact your assigned Financial Analyst.

SUBJECT: Housing Choice Voucher Programs – Special Fees for Small Area Fair Market Rent Community of Practice
On May 28, 2024, HUD published PIH Notice 2024-16, “Implementation of Federal Fiscal Year (FFY) 2024 Funding Provisions for the Housing Choice Voucher Program.” This notice describes how Public Housing Agencies (PHAs) located in designated mandatory Small Area Fair Market Rent (SAFMR) metropolitan areas or those that have voluntarily adopted SAFMR could participate in a Community of Practice throughout 2024.
www.hud.gov espanol.hud.gov
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Financial Management Center
2380 McGee Street, Suite 400
Kansas City, MO 64108-2605

OFFICE OF PUBLIC AND INDIAN HOUSING
The Department recently notified you that your public housing agency (PHA) is eligible for Special Fees from the Calendar Year (CY) 2024 Administrative Fee (AF) Set-aside for the Small Area Fair Market Rent (SAFMR) special fee awards.

Dear Executive Director:

SUBJECT: Special Fees for SAFMR PHAs Under the CY 2024 Administrative Fee Set-Aside

CITY OF HAWTHORNE HOUSING AUTHORITY
4455 W 126TH ST
HAWTHORNE, CA 90250
CA126
February 24, 2025
Public housing agencies receiving an increment in excess of $100,000 in Budget Authority (BA) are required to submit Form HUD-50071, Certification of Payments to Influence Federal Transactions, and if applicable, Form SF-LLL, Disclosure of Lobbying Activities. If this letter notifies you of a renewal in excess of $100,000, and your PHA has not submitted the Form(s) HUD-50071 (and SF-LLL where applicable) for your current fiscal year; the documents must be submitted to your local field office and Financial Analyst at the Financial Management Center (FMC) within 30 days of the date of this letter.

Form HUD-50071
https://www.hud.gov/sites/documents/50071.PDF
Form SF-LLL
https://www.hud.gov/sites/documents/19161_SF-LLL.PDF
The specific information concerning the Special Fees for your PHA is identified below.

These funds have been automatically disbursed, and no further action is required by your PHA Enclosed is your executed copy of the notice to amend the Consolidated Annual Contributions Contract (CACC) with revised funding exhibits reflecting the changes described above. The amendment notice and revised funding exhibits should be filed with your most recent executed CACC.

These forms are located on the Internet at the following addresses:
www.hud.gov espanol.hud.gov
2 Division Director
Sincerely
If you have any questions, please contact your FMC Financial Analyst. 25-070
Enclosure(s)
Memo Reference:
3 U. S. Department of Housing and Urban Development
Office of Public and Indian Housing
Section 8
Increment Number Table
Housing Choice Voucher Program
February 24, 2025
Effective
Date
Term
(Mos.)

Funding
Increment
Number
Budget
Authority

Category
CA126AF0248 $1,000 2/1/2025 1 AF
Consolidated
Annual Contributions Contract
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
Housing Choice Voucher Program Section 8

HUD NOTICE TO HOUSING AGENCY AMENDING

CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT
Housing Agency:

In accordance with Paragraph 2.c. of the Consolidated Annual Contributions Contract between HUD and the HA, you are notified that the funding exhibits of the Consolidated Annual Contributions Contract is hereby revised to add a new funding increment as provided in the attached revised funding exhibit. (This notice adds one or more funding increments listed on the attached funding exhibit.)
The revised funding exhibit is attached to this HUD notice. This revised funding exhibit replaces and revises the prior funding exhibit.

In accordance with Paragraph 2.d. of the Consolidated Annual Contributions Contract, this HUD notice and the attached funding exhibit constitutes an amendment to the Consolidated Annual Contributions Contract.

United States of America Secretary of Housing and Urban Development Date of Document:

Authorized Representative
Robert H. Boepple, Director
Financial Management Center
Form HUD-52520A (12/97)
CA126

CITY OF HAWTHORNE HOUSING AUTHORITY
2/24/2025
ACC NUMBER: CA126
FIELD OFFICE: 9DPH

CITY OF HAWTHORNE HOUSING AUTHORITY
4455 W 126TH ST
HA FISCAL YEAR-END: 06/30 PROGRAM TYPE:

CA126
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PIH SECTION 8 - FUNDING EXHIBIT

PROGRAM-BASED
Voucher Program
HAWTHORNE, CA 902500000
UNITS
BUDGET

AUTHORITY

CONTRACT
TERM

FIRST DAY OF
TERM

LAST DAY OF
TERM

FUNDING

INCREMENT NUMBER
CA126AF0229 1/1/2023 2/28/2023 2 140,620 N/A
CA126AFR322 2/1/2023 2/28/2023 1 23,486 N/A
CA126VO0198 1/1/2023 2/28/2023 2 1,284,886 711
CA126AF0230 3/1/2023 3/31/2023 1 70,679 N/A
CA126AF0231 3/1/2023 3/31/2023 1 50,645 N/A
CA126VO0199 3/1/2023 3/31/2023 1 654,225 711
CA126VO0201 4/1/2023 4/30/2023 1 32,568 N/A
CA126AF0232 4/1/2023 5/31/2023 2 141,358 N/A
CA126VO0200 4/1/2023 5/31/2023 2 1,308,450 711
CA126AFR422 6/1/2023 6/30/2023 1 18,184 N/A
CA126AFR123 7/1/2023 7/31/2023 1 49,802 N/A
CA126AF0233 6/1/2023 9/30/2023 4 288,176 N/A
CA126AF0235 9/1/2023 9/30/2023 1 46,336 N/A
CA126AFRF23 9/1/2023 9/30/2023 1 40,469 N/A
CA126VO0196 10/1/2022 9/30/2023 12 207,239 15
CA126VO0202 6/1/2023 9/30/2023 4 2,544,982 711
CA126VO0204 9/1/2023 9/30/2023 1 244,256 N/A
CA126AF0234 10/1/2023 10/31/2023 1 72,044 N/A
CA126VO0203 10/1/2023 10/31/2023 1 636,245 726
CA126VO0206 11/1/2023 11/30/2023 1 462,257 N/A
CA126VO0207 11/1/2023 11/30/2023 1 34,035 N/A
CA126AF0236 11/1/2023 12/31/2023 2 167,256 N/A
CA126AF0237 12/1/2023 12/31/2023 1 34,572 N/A
CA126VO0205 11/1/2023 12/31/2023 2 1,285,754 726
CA126AF0238 1/1/2024 1/31/2024 1 79,226 N/A
CA126VO0209 1/1/2024 1/31/2024 1 683,652 726
CA126AF0239 2/1/2024 2/29/2024 1 79,226 N/A
CA126AFR323 2/1/2024 2/29/2024 1 5,359 N/A
CA126VO0210 2/1/2024 2/29/2024 1 683,652 726
CA126AF0240 3/1/2024 3/31/2024 1 79,226 N/A

UNITS
BUDGET

AUTHORITY

CONTRACT
TERM

FIRST DAY OF
TERM

LAST DAY OF
TERM

FUNDING

INCREMENT NUMBER
CA126AF0242 3/1/2024 3/31/2024 1 10,000 N/A
CA126VO0211 3/1/2024 3/31/2024 1 693,721 726
CA126VO0212 4/1/2024 4/30/2024 1 783,187 726
CA126AF0241 4/1/2024 5/31/2024 2 158,392 N/A
CA126VO0213 5/1/2024 5/31/2024 1 711,053 726
CA126VOPR23 5/1/2024 5/31/2024 1 1,542 N/A
CA126AFR124 7/1/2024 7/31/2024 1 14,687 N/A
CA126AFR423 7/1/2024 7/31/2024 1 14,352 N/A
CA126VO0214 6/1/2024 8/31/2024 3 2,300,735 726
CA126VO0216 9/1/2024 9/30/2024 1 732,001 726
CA126AF0243 6/1/2024 10/31/2024 5 402,355 N/A
CA126VO0217 10/1/2024 10/31/2024 1 732,000 726
CA126AF0244 11/1/2024 11/30/2024 1 79,780 N/A
CA126AFR224 11/1/2024 11/30/2024 1 8,417 N/A
CA126AF0245 12/1/2024 12/31/2024 1 79,780 N/A
CA126VO0218 11/1/2024 12/31/2024 2 646,687 726
CA126AF0246 1/1/2025 2/28/2025 2 166,010 N/A
CA126AF0248 2/1/2025 2/28/2025 1 1,000 N/A
CA126AFR324 2/1/2025 2/28/2025 1 12,296 N/A
CA126VO0219 1/1/2025 2/28/2025 2 1,509,240 726
CA126AF0247 3/1/2025 4/30/2025 2 166,010 N/A
CA126VO0220 3/1/2025 4/30/2025 2 1,519,534 726
AGENDA ITEM NO. 23.

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of 03/11/2025
Originating Department: Housing
City Manager: Department Head:

SUBJECT:

The Hawthorne Commercial Facade Program funded by the Community Development Block Grant (CDBG)
RECOMMENDED MOTION:

Staff recommends that the City Council receive and file this report.

DISCUSSION:

The City launched a Commercial Façade Program approved by City Council in 2022, that focused on making improvements to the exterior street-facing sides of local business buildings. Businesses had the opportunity to re-brand to potentially draw greater profits. The CDBG required 3 types of applications:

Slum Blight, businesses who had full-time employees and businesses who were willing to create at least one full-time equivalent position (FTE). A business could receive up to $30,000 in grant funding per each verified full-time employee. For the latter two, reporting was required for a minimum of twelve months.

The purpose of the Commercial Façade Rehabilitation Program ("Program") was to provide financial assistance to property and business owners with the renovation of commercial buildings and structures.

The Program would fund grants to eligible commercially zoned and developed parcels of land located within the City limits of the City of Hawthorne.

The goal of this program was to facilitate commercial revitalization; stimulate private investment; to preserve and beautify the commercial corridors; to upgrade the physical image of the City; and to generate shopping, tourism, and a pleasant walking environment by improving the visual esthetics of the City with enhancements in design, color schemes, and building facades through the use of the City's Community Development Block Grant (CDBG) Funds. By stimulating private investment and customer patronage, the Program adds value to the City's economy and enhances the community experience.

The City had to conduct a Slum Blight Analysis to ensure that this funding type could be used without the requirement of a FTE position and had to publish a RFP for design firms. After the applications were marketed to the public in 2023, staff found that businesses did not want to produce the information that HUD required to be eligible for funding. Businesses also did not want the burden of reporting on their FTE positions for the required 12-month period as failing to do so would mean they would have to repay the City the entire award amount.

Currently, when federal funding is being cut and based on the steps and length of time required to facilitate this program, staff do not recommend the City Council consider this program as a CDBG project.

Additionally, funding is no longer available to make a viable go at a good project as reduced funds have been awarded to more pressing projects such as Hawthorne Alleys and the mandatory Section 108 Loan repayments. When the funding was available and allocated towards this project, four applications were received, and only two were eligible.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

None
FISCAL IMPACT:

None
NOTICING PROCEDURE:
72 hours posted notice pursuant to the Ralph M. Brown Act AGENDA ITEM NO. 25.

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of 03/11/2025
Originating Department: City Attorney
City Manager: Department Head:

SUBJECT:

Claim for monetary damages by Kansas Farm & Ranch, Inc.

RECOMMENDED MOTION:

Staff recommends that the City Council deny the claim by Kansas Farm & Ranch, Inc.

DISCUSSION:

Claimant Kansas Farm & Ranch, Inc. ("KF&R") alleges that on September 13, 2024, the City breached an agreement related to the purchase of a city-owned helicopter.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

Not applicable.

FISCAL IMPACT:

None.

NOTICING PROCEDURE:
72 hours posted notice pursuant to the Ralph M. Brown Act.

AGENDA ITEM NO. 26.

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of 03/11/2025
Originating Department: City Attorney
SUBJECT:

Ordinance Prohibiting Trash Bins Left on Public Right of Way. (F. Johnson) AGENDA ITEM NO. 27.

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of 03/11/2025
Originating Department: City Attorney
SUBJECT:

Los Angeles Sparks (WNBA) Basketball Clinic, July 13 & 14th Partnership with the City, Waiver of $1,107 Fee (K. Manning)
AGENDA ITEM NO. 28.

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of 03/11/2025
Originating Department: City Attorney
SUBJECT:

Increase Budget for the City of Hawthorne's Facade Program (K. Manning) AGENDA ITEM NO. 29.

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of 03/11/2025
Originating Department: City Attorney
SUBJECT:

Marketing City's 311 App (A. Vargas)
AGENDA ITEM NO. 30.

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of 03/11/2025
Originating Department: City Attorney
SUBJECT:

Closed Session: Conference with Legal Counsel: Existing Litigation, California Government Code section 54956.9(d)(1).

Name of Case: Martha Gonzalez v. City of Hawthorne, et al.

LASC Case No.: 24TRCV01773
AGENDA ITEM NO. 31.

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of 03/11/2025
Originating Department: City Attorney
SUBJECT:

Conference with Legal Counsel - Existing Litigation, Government Code section 54956.9(d)(1) Name of Case: People of State of California (City of Hawthorne) v. M&A Gabaee, et. al.

LASC Case Number: 21TRCV00869