Agenda packet — Lomita City Council, May 2, 2023 (part 2 of 4)

This AGREEMENT for Traffic Calming Toolkit is entered into this 2 nd day of May 2023,
by and between the CITY OF LOMITA, a general law city and municipal corporation (“CITY”) and Kimley-Horn and Associates, Inc. (“CONTRACTOR”).

R E C I T A L S
A. CITY does not have the personnel able and/or available to perform the services required under this agreement.

B. Therefore, CITY desires to contract out for Traffic Calming Toolkit.

C. CONTRACTOR warrants to CITY that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.

D. CITY desires to contract with CONTRACTOR to perform the services as described in Exhibit A of this Agreement.

NOW, THEREFORE, based on the foregoing recitals, CITY and CONTRACTOR agree as follows:

1. CONSIDERATION AND COMPENSATION.

A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, attached as Exhibit A;
B. As an additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement.

C. As additional consideration, CITY agrees to pay CONTRACTOR an amount not to exceed $ 84,744 for CONTRACTOR’s services, unless otherwise specified by written amendment to this Agreement. The CONTRACTOR agrees, however, that the proposed cost of the services under this AGREEMENT is $77,040. If CONTRACTOR incurs expenses exceeding the proposed cost of $77,040, such amounts shall require written authorization by City Staff in order for CONTRACTOR to receive compensation for those costs.

D. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his designee.

Attachment No. 1
May 2, 2023, Reg. CC Mtg., Page # 143

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E. CONTRACTOR shall submit to CITY, by not later than the 10th day of each month, its bill for services itemizing the fees and costs incurred during the previous month. CITY shall pay CONTRACTOR all uncontested amounts set forth in the CONTRACTOR'S bill within 30 days after it is received.

2. SCOPE OF SERVICES.

A. CONTRACTOR will perform the services and activities set forth in the SCOPE OF SERVICES attached hereto as Exhibit A and incorporated herein by this reference.

If any part of Exhibit A is inconsistent with the terms of this Agreement, the terms of this Agreement shall control.

B. Except as herein otherwise expressly specified to be furnished by CITY, CONTRACTOR will, in a professional manner, furnish all the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement.

3. PAYMENTS. For CITY to pay CONTRACTOR as specified by this Agreement, CONTRACTOR must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period.

4. TIME OF PERFORMANCE. The services of CONTRACTOR are to commence upon receipt of a notice to proceed from CITY and shall continue until all authorized work is completed to CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by CITY.

5. FAMILIARITY WITH WORK. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

6. KEY PERSONNEL. CONTRACTOR’s key person assigned to perform work under this Agreement is Laura Forinash. CONTRACTOR shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of CITY.

7. TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on May 2, 2024, unless earlier termination occurs under Section 13 of this Agreement or extended in writing in advance by both parties.

8. BEST MANAGEMENT PRACTICES AND TRAINING. The contractor shall implement and maintain activity specific Best Management Practices (BMPs) to prevent pollutant May 2, 2023, Reg. CC Mtg., Page # 144

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loading from stormwater and non-stormwater discharges to receiving waters as required in Municipal NPDES Permit No. CAS004004. Contracting staff whose primary job duties are related to implementation of BMPs shall be adequately trained to effectively implement, operate, and maintain such BMPs and must be versed in factors affecting BMP effectiveness. The contractor shall certify they have received all applicable training to implement the requirements in Municipal NPDES Permit No.

CAS004004 and shall provide documentation to that effect.

9. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum, and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONTRACTOR and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with the written agreement between the parties.

10. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number.

11. PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all permits, licenses, and certificates that may be required by local, state, and federal laws in connection with the performance of services under this Agreement, including a business license as specified in Title VI, Chapter 2 of the Lomita Municipal Code.

12. LAWS AND REGULATIONS; EMPLOYEE/LABOR CERTIFICATION.

CONTRACTOR shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. CONTRACTOR shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for CITY to terminate the Agreement for cause.

13. PREVAILING WAGE.

A. Prevailing Wage. CONTRACTOR is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, CONTRACTOR agrees to fully comply with such Prevailing Wage Laws.

Upon request, CITY shall provide CONTRACTOR with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

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effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and CONTRACTOR shall therefore comply with such Labor Code sections to the fullest extent required by law.

CONTRACTOR shall defend, indemnify and hold the CITY, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

B. Registration/DIR Compliance. If the services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, CONTRACTOR and all subcontractors must be registered with the Department of Industrial Relations (“DIR”). CONTRACTOR shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be CONTRACTOR’S sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against CONTRACTOR or any subcontractors that affect CONTRACTOR’S performance of services, including any delay, shall be CONTRACTOR’S sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered CONTRACTOR caused delay and shall not be compensable by CITY.

CONTRACTOR shall defend, indemnify and hold CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against CONTRACTOR or any subcontractor.

C. Labor Certification. By its signature hereunder, CONTRACTOR certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.

D. Employment of Apprentices. CONTRACTOR and all subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

E. CONTRACTOR or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between the CONTRACTOR and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid or may have been paid to a debarred subcontractor by CONTRACTOR on the project shall be returned to CITY. The CONTRACTOR shall be responsible May 2, 2023, Reg. CC Mtg., Page # 146

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for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

F. CONTRACTOR agrees to bind every subcontractor to the terms of the Agreement as far as such terms are applicable to subcontractor’s portion of the work.

CONTRACTOR shall be as fully responsible to CITY for the acts and omissions of its subcontractor and of persons either directly or indirectly employed by its subcontractor, as CONTRACTOR is for acts and omissions of persons directly employed by CONTRACTOR. Nothing contained in these Agreement shall create any contractual relationship between any subcontractor and CITY.

14. TERMINATION.

A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing.

B. CONTRACTOR may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date.

C. In the event of such termination, CONTRACTOR shall cease services as of the date of termination, all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONTRACTOR shall, at CITY’s option, become CITY’s property, and CONTRACTOR will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination.

D. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.

15. INDEMNIFICATION.

A. CONTRACTOR shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature to the extent arising out of, pertaining to or relating to CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of CITY. Should CITY in its sole discretion find CONTRACTOR’S legal counsel unacceptable, then CONTRACTOR shall reimburse CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation.

CONTRACTOR shall promptly pay any final judgment rendered against CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

May 2, 2023, Reg. CC Mtg., Page # 147

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B. The requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR as required by Section 19, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.

16. ASSIGNABILITY. This Agreement is for CONTRACTOR’s professional services.

CONTRACTOR’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.

17. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that THE CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which it is performed. THE CONTRACTOR will be free to contract for similar service to be performed for other employees while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only.

18. AUDIT OF RECORDS.

A. THE CONTRACTOR agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement.

CONTRACTOR agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement.

CONTRACTOR further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.

B. CONTRACTOR will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement.

19. CORRECTIVE MEASURES. CONTRACTOR will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONTRACTOR will be given a reasonable amount of time as determined by CITY to implement said corrective measures. Failure of CONTRACTOR to implement required corrective measures shall result in immediate termination of this Agreement.

May 2, 2023, Reg. CC Mtg., Page # 148

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20. INSURANCE REQUIREMENTS.

A. CONTRACTOR, at CONTRACTOR’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies:

1. Workers Compensation Insurance as required by law. CONTRACTOR shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against CITY, its officers, agents, employees, and volunteers for losses arising from work performed by CONTRACTOR for CITY.

2. General Liability Coverage. CONTRACTOR shall maintain commercial general liability insurance in an amount of not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

3. Automobile Liability Coverage. CONTRACTOR shall maintain automobile liability insurance covering bodily injury and property damage for all activities of CONTRACTOR arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

4. Professional Liability Coverage. CONTRACTOR shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from CONTRACTOR’S operations under this Agreement, whether such operations be by CONTRACTOR or by its employees, subcontractors, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-per-occurrence basis. When coverage is provided on a “claims made basis,” CONTRACTOR will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated.

Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONTRACTOR for all claims made by CITY arising out of any errors or omissions of CONTRACTOR, or its officers, employees or agents during the time this Agreement was in effect.

B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by CITY, and shall be endorsed as May 2, 2023, Reg. CC Mtg., Page # 149

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follows. CONTRACTOR also agrees to require all contractors, and subcontractors to do likewise.

1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONTRACTOR, including materials, parts, or equipment furnished in connection with such work or operations.”

2. This policy shall be considered primary insurance as respects CITY, its elected or appointed officers, officials, employees, agents, and volunteers.

Any insurance maintained by CITY, including any self-insured retention CITY may have, shall be considered excess insurance only and shall not contribute with this policy.

3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.

4. The insurer waives all rights of subrogation against CITY, its elected or appointed officers, officials, employees, or agents.

5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to CITY, its elected or appointed officers, officials, employees, agents, or volunteers.

6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days’ written notice has been received by CITY.

C. CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement.

CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.

D. Any deductibles or self-insured retentions must be declared to and approved by CITY. At CITY’s option, CONTRACTOR shall demonstrate financial capability for payment of such deductibles or self-insured retentions.

E. CONTRACTOR shall provide certificates of insurance with original endorsements to CITY as evidence of the insurance coverage required herein.

Certificates of such insurance shall be filed with CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with CITY at all times during the term of this Agreement.

F. Failure on the part of CONTRACTOR to procure or maintain the required May 2, 2023, Reg. CC Mtg., Page # 150

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insurance shall constitute a material breach of contract under which CITY may terminate this Agreement pursuant to Section 13 above.

G. The commercial general and automobile liability policies required by this Agreement shall allow CITY, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the CONTRACTOR (as the named insured) should CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CONTRACTOR’S behalf upon CONTRACTOR’S failure or refusal to do so to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.

21. USE OF OTHER CONTRACTORS. THE CONTRACTOR must obtain CITY’s prior written approval to use any Contractors while performing any portion of this Agreement. Such approval must include approval of the proposed Contractor and the terms of compensation.

22. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONTRACTOR of the final payment made under this Agreement shall operate as and be a release of CITY from all claims and liabilities for compensation to the CONTRACTOR for anything done, furnished or relating to the CONTRACTOR’S work or services. Acceptance of payment shall be any negotiation of CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONTRACTOR, its employees, sub-Contractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by CITY for any defect or error in the work prepared by CONTRACTOR, its employees, sub-Contractors and agents.

23. CORRECTIONS. In addition to the above indemnification obligations, the CONTRACTOR shall correct, at its expense, all errors in the work which may be disclosed during the CITY’S review of CONTRACTOR’S report or plans. Should the CONTRACTOR fail to make such correction in a reasonably timely manner, such correction shall be made by CITY, and the cost thereof shall be charged to CONTRACTOR. In addition to all other available remedies, CITY may deduct the cost of such correction from any retention amount held by CITY or may withhold payment otherwise owed CONTRACTOR under this Agreement up to the amount of the cost of correction.

May 2, 2023, Reg. CC Mtg., Page # 151

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24. NON-APPROPRIATION OF FUNDS. Payments to be made to CONTRACTOR by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONTRACTOR’S services beyond the current fiscal year, the Agreement shall cover payment for CONTRACTOR’S only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

25. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:

CITY CONTRACTOR
City of Lomita
24300 Narbonne Avenue
Lomita, CA 90717
ATTN: City Manager
Kimley-Horn and
Associates, Inc.
245 E. 3rd St.

Long Beach, CA 90802
ATTN: Sri Chakravarthy
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.

26. SOLICITATION. CONTRACTOR maintains and warrants that it has not employed nor retained any company or person, other than CONTRACTOR’s bona fide employee, to solicit or secure this Agreement. Further, CONTRACTOR warrants that it has not paid, nor has it agreed to pay any company or person, other than CONTRACTOR’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONTRACTOR breach or violate this warranty, CITY may rescind this Agreement without liability.

27. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONTRACTOR and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the CONTRACTOR’s or CITY’s obligations under this Agreement.

28. INTERPRETATION. This Agreement was drafted in and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.

May 2, 2023, Reg. CC Mtg., Page # 152

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29. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written.

30. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.

31. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s city administrator, or designee, may execute any such amendment on behalf of CITY.

32. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission, scanned and delivered via electronic mail, or delivered using digital signature technology approved by CITY. Such facsimile or electronic signatures will be treated in all respects as having the same effect as an original signature.

33. FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other.

34. TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.

35. ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.

36. STATEMENT OF EXPERIENCE. By executing this Agreement, CONTRACTOR represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY.

CONTRACTOR represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private Contractors, and experience in dealing with public agencies all suggest that CONTRACTOR is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.

May 2, 2023, Reg. CC Mtg., Page # 153

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37. DISCLOSURE REQUIRED. (CITY and CONTRACTOR initials required at one of the following paragraphs)
By their respective initials next to this paragraph, CITY and CONTRACTOR hereby acknowledge that CONTRACTOR is a “contractor” for the purposes of the California Political Reform Act because CONTRACTOR’S duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a)(2) or otherwise serves in a staff capacity for which disclosure would otherwise be required were CONTRACTOR employed by CITY. CONTRACTOR hereby acknowledges his or her assumingoffice, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the CITY’S Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to the Contractor commencing services hereunder, the City’s Manager shall prepare and deliver to CONTRACTOR a memorandum detailing the extent of CONTRACTOR’S disclosure obligations in accordance with the CITY’S Conflict of Interest Code.

City Initials ______
Contractor Initials ______
OR
By their initials next to this paragraph, CITY and CONTRACTOR hereby acknowledge that CONTRACTOR is not a “contractor” for the purpose of the California Political Reform Act because CONTRACTOR’S duties and responsibilities are not within the scope of the definition of contractor in Fair Political Practice Commission Regulation 18700.3(a)(2) and is otherwise not serving in staff capacity in accordance with CITY’S Conflict of Interest Code.

City Initials ______
Contractor Initials ______
[signatures on following page]
May 2, 2023, Reg. CC Mtg., Page # 154

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IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.

CITY OF LOMITA CONTRACTOR
Ryan Smoot, City Manager By: Sri Chakravarthy, Vice President ATTEST:
xx-xxxxxx
Kathleen Horn Gregory, City Clerk Taxpayer ID No.

APPROVED AS TO FORM:

Trevor Rusin, City Attorney
May 2, 2023, Reg. CC Mtg., Page # 155

CITY OF LOMITA

REQUEST FOR PROPOSAL (RFP)

ENGINEERING SERVICES
FOR
Traffic Calming Toolkit

RFP DEADLINE
MARCH 16, 2023
1:00 P.M.

May 2, 2023, Reg. CC Mtg., Page # 156
2 TABLE OF CONTENTS

SECTION I

GENERAL
INFORMATION.......................................................................................................................................3

SECTION II
PROPOSAL REQUIREMENTS.................................................................................................................6

SECTION III
SCOPE OF SERVICES.........................................................................................................................11

SECTION IV
SELECTION OF CONSULTANTS .......................................................................................................14 Attachment A – General City Map
Attachment B – Professional Services Agreement (Sample) May 2, 2023, Reg. CC Mtg., Page # 157
3 SECTION I

GENERAL INFORMATION
A. INTRODUCTION / BACKGROUND
The City of Lomita is requesting proposals from qualified and experienced Civil Engineering firm(s) to prepare a Traffic Calming Toolkit specific to Lomita.

The City of Lomita is an urban, densely populated 1.97 square miles (total area is 1,261 acres), located at the base of the Palos Verdes Peninsula in the Los Angeles Basin, Los Angeles County. The City of Lomita is located in the southwestern part of Los Angeles County, 26 miles south of downtown Los Angeles and bounded by the City of Torrance on the north and west, the Harbor Region of Los Angeles to the east, and the City of Rolling Hill Estates on the southwest; and the City of Rancho Palos Verdes and unincorporated Los Angeles County area to the southeast. The City is almost completely developed with mostly residential neighborhoods and commercial units.

The City of Lomita is in need of a Traffic Calming Toolkit to manage traffic flow throughout the City’s many local streets. The City is served by east-west principal arterial corridors Pacific Coast Highway (under CalTrans jurisdiction) and Lomita Boulevard. These are the only two streets that allow vehicular traffic through on the western boundary of the City. The north-south streets include minor arterials, Eshelman Avenue and Narbonne Avenue, among others. These have residential frontages as well as schools and Lomita downtown, all with pedestrian traffic. City staff, through its Technical Traffic Advisory Committee, receive complaints of speeding traffic on various streets throughout the City, concerns of long wait times to safely make turns at uncontrolled intersections and crossing at pedestrian crosswalks.

B. PROJECT DESCRIPTION

This RFP is to solicit proposals for engineering services to complete a toolkit for traffic calming specific for the City of Lomita. The purpose of this project is to have a toolkit to reduce the speed of traffic, provide safer environments for pedestrians, and taking aesthetics of measures into account.

The City’s Technical Traffic Advisory Committee is composed of City staff from Public Works and Parking Enforcement as well as its Traffic Advisor from Los Angeles County and the Sheriff Department representatives. Approaches used in the past to address concerns include education of motorists, enhanced enforcement, and engineering applications. The City would like to enhance its May 2, 2023, Reg. CC Mtg., Page # 158
4 available tools based upon new solutions, and general guidelines based upon various streets configurations.

The Scope of Work (Section III) is a minimum suggested scope for the work of the project.

C. DESCRIPTION OF WORK
The City of Lomita is requesting proposals from qualified and experienced Civil Engineering firm(s) to prepare a traffic calming toolkit to meet the needs of the City. This work will involve project management, research, review of information, community workshops, development of a comprehensive traffic calming toolkit, preparation of reports/documents, and presentations. Details are included in Section III, Scope of Services.

The contract will be regulated according to the provisions of all Federal, State and local laws and ordinances that are applicable. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775.

F. PROJECT DURATION
The estimated time to complete this project is four (4) to five (5) months.

G. PROJECT SCHEDULE
A tentative schedule is included below. The proposals submitted shall use this schedule as a guide to further define an appropriate work schedule in accordance with the requirements of the Scope of Services in Section III. The final schedule will be negotiated based on the final scope of work and work plan agreed to by the City and the selected consultant.

Milestone Date
RFP Release February 23, 2023
Last Day for Questions March 8, 2023
Proposal Deadline March 16, 2023
Consultant Interviews March 28, 2023
Expected City Council Approval April 18, 2023
Kick-off & Notice to Proceed April 25, 2023
*Dates are estimates
May 2, 2023, Reg. CC Mtg., Page # 159
5 SECTION II

PROPOSAL REQUIREMENTS
A. GENERAL
The proposal must be concise, well organized and should demonstrate your firm’s team qualifications and experience related to this project. The proposal shall be printed on 8½" x 11" pages and include resumes, past experience, graphs, tables, etc. It must include the following:

I. Cover Letter (one page): Provide a one-page cover letter, which includes the firm name, name, address, and telephone number of the person(s) to be used for contact who will be authorized to make presentations for the firm. The cover letter must bear the signature of the person authorized to sign on behalf of the proposer and to bind the applicant in a contract. The cover letter will include a statement offering the proposer's acceptance of all conditions listed in the "Request for Proposals" document. Any exception on the Proposer's behalf must be stated in the proposal cover letter.

II. Qualification and Experience (maximum of 10 pages): The proposed Engineering Team shall have experience working with public agencies in similar assignments. It is highly desirable that the key project team members have served public agencies in various capacities, are accustomed to working with governmental agencies, have a good understanding of public agency issues, procedures, and policies.

Qualifications and experience to be shown in the proposal shall include, but not be limited to the following:
• Project organizational chart.
• Identification of experience of principal staff members, including major subconsultants. Resumes of principal staff should not exceed one page per person.
• Identify the availability of your team and the percentage of current workload of staff that would be committed to this project, including sub-consultants. • Experience of the firm, the team and subconsultants on similar projects.

III. Scope of Work and Project Approach (maximum 10 pages): The Consultant shall include in their proposal a detailed scope of work and understanding of the process to undertake such a project and complete it in compliance with all applicable rules, regulations, standards and requirements. Other items to include:
• Description of your firm's quality/control (Q/C) and quality/assurance (Q/A) procedures that will be used for the Project.
• Provide a project schedule for various activities by the Engineering Team involved and identify the milestones of major tasks of the Project. • Discussion of document control.

May 2, 2023, Reg. CC Mtg., Page # 160
6 IV. Consultant shall submit a fee proposal for the Project in a SEPARATE SEALED ENVELOPE (or separate email attachment) marked “Fee Proposal” along with the Project title. The City will negotiate with the top-ranked consultant in compliance with all applicable federal, state, and local guidelines.

Fee proposal shall include all tasks required to perform the work with a maximum not-to-exceed fee for each task and a grand total not-to-exceed fee.

The fee proposal must contain a task and fee breakdown of all components of cost, including labor base rate, overhead and all other direct and indirect costs.

The fee proposal shall clearly show hours and cost per task. The task and fee breakdown must match the scope of services in the format, as presented within the RFP. The Consultant and all sub-consultants shall not be compensated by the City for any time spent on commuting to or from the Project site and other peripheral work not directly performed as a result of this Project. The Consultant shall provide their services for the duration of the Project for the approved scope of work and fee. The proposal must remain valid for at least 90 days from the due date of this RFP.

The City will short list the list of candidates to three consulting firms, of which it may interview prior to selection of the top candidate for the project.

V. Prevailing wages will apply if the services to be performed meet the criteria according California Department of Industrial Relations web site at:
http://www.dir.ca.gov/dlsr/statistics_research.html. City will not assume any responsibility for Contractor’s failure to pay prevailing wages in accordance with State law.

B. EXAMINATION OF PROPOSAL DOCUMENTS
By submitting a proposal, Consultant represents that it has thoroughly examined and become thoroughly familiar with the work required under this RFP and has the staffing and resources capable of performing quality work to achieve the City’s objectives.

C. ADDENDA
Any changes to the requirements will be made by written addendum to this RFP.

Any written addenda issued pertaining to this RFP shall be incorporated into the terms and conditions of any resulting Agreement. City will not be bound to any modifications to or deviations from the requirements set forth in this RFP as the result of oral instructions. Consultants shall acknowledge receipt of addenda in their proposals.

May 2, 2023, Reg. CC Mtg., Page # 161
7 D. QUESTIONS AND ADDITIONAL INFORMATION
Questions relating to this RFP shall be emailed to the Public Works Department at:
[email protected] no later than Wednesday March 8, 2023, at 1:00PM.

E. PROPOSAL SUBMITTAL
Proposals are due on or before Thursday March 16, 2023, at 1:00PM.

One (1) electronic PDF copy of the proposal shall be emailed to the Public Works Department at: [email protected] with Proposal for:

Traffic Calming Toolkit in the email Title.

The Fee Proposals shall be emailed to the Public Works Department at:
[email protected] with Fee Proposal for: Traffic Calming Toolkit F. INSURANCE REQUIREMENTS
The successful Consultant shall procure and maintain, for the duration of the contract, insurance policies as listed in Section 17 - Insurance Requirements of the attached sample Professional Service Agreement (PSA), attachment B.

All insurance policies must be open to inspection by the City and copies of policies must be submitted to the City and/or upon written request.

G. SELECTION CRITERIA
Responses to this RFP will be evaluated using a point rating system, as shown in Section IV. The evaluation will be completed by a selection committee composed of staff from the Public Works Department.

H. CHANGES IN THE RFP
Should any prospective proposer be in doubt as to the true meaning of any portion of this (RFP), or should the proposer find any ambiguity, inconsistency, or omission therein, the Proposer shall make a written request for an official interpretation or correction. Such requests must be received by the Public Works Department not less than five (5) working days prior to the final date of submittal of the proposals.

Such interpretation or correction, as well as any additional RFP provisions that the City may decide to include, will be made only as an official addendum, and will be sent to each firm recorded as having received a copy of the RFP. Any addendum issued by the City shall become part of the RFP and will be incorporated into the proposal.

May 2, 2023, Reg. CC Mtg., Page # 162
8 I. DISCLOSURES
Under the Freedom of Information Act (Public Act 442), the City is obligated to permit review of its files, if requested by others. All information in a submitter’s proposal is subject to disclosure under this provision. This act also provides for a complete disclosure of contracts and attachments thereto.

J. POST-SUBMITTAL PROCEDURES
After reviewing and evaluating the proposals that are received, the City will select one or more firms with whom it will negotiate a Professional Services Agreement (PSA).

A sample of the standard PSA is included in Attachment B. Those who wish to submit a proposal to the City are required to carefully review the PSA.

The PSA will include a Scope of Services and Fee Schedule (not-to-exceed amount), both of which may be modified by mutual consent during the negotiation phase. The Insurance Requirements outlined in the PSA may not be revised or changed. Prior to its final execution by the selected firm and the City, the PSA must be submitted to, and approved by, City Council and/or the City Manager.

The City reserves the right to award the total proposal, to reject any and all proposals in whole or in part, and to waive any informality or technical defects if, in the City’s sole judgment, the best interests of the City will be so served.

K. COST LIABILITY
The City of Lomita assumes no responsibility or liability for costs incurred by the Consultant prior to the execution of a Professional Services Agreement. The liability of the City is limited to the terms and conditions outlined in the Agreement.

L. INVOICES
Consultant shall submit invoice(s) at the end of each month for the work performed.

Each invoice at a minimum shall include the following information:

1. Project name

2. Period for which invoice is submitted

3. Invoice number

4. Task name

5. Balance remaining and percent completed for each task

6. Total project budget (approved tasks only) and remaining balance

7. Each employee’s name, hours of work, date, task, rate, and total charge

8. Invoices must be accompanied by payroll and any other supporting documents that will be necessary to expedite the review and approval process
May 2, 2023, Reg. CC Mtg., Page # 163
9 M. GUIDELINES DURING COVID-19 PANDEMIC
Consultants/contractors shall comply with all local, state and federal laws and regulations including, but not limited to, the Governor’s and Los Angeles County Health Officer’s orders and guidance related to COVID-19, social distancing, and best practices.

Consultants/Contractors are required to check with the latest guidelines of the Los Angeles County Public Works and the Los Angeles County Public Health for construction sites during the Coronavirus/COVID-19 pandemic.

Disclosure: Consultants shall disclose in their responses to any Request for Proposals whether they have been the subject of any legal investigation by County, State, and/or Federal agencies within the past 5 years. If so, each responding consultant shall identify the agency and contact person, the nature of the investigation and any determination over outcome of said investigation. Noncompliance with this section shall result in rejection of the Proposal, but a consultant’s disclosure of any such investigation (even one which resulted in a determination that was adverse to the consultant) will not automatically result in rejection of the Proposal. The occurrence, nature, underlying facts and outcome of any such investigation are not by themselves determinative but are simply included among many factors that will be considered by the City in evaluating Proposals.

May 2, 2023, Reg. CC Mtg., Page # 164
10 SECTION III

SCOPE OF SERVICES

DESCRIPTION
This RFP is to solicit proposals for engineering services to complete a toolkit for traffic calming for the City of Lomita. The following scope of work is a minimum suggested scope for the work of the project. The City of Lomita is requesting proposals from qualified and experienced Civil Engineering firm(s) to prepare a traffic calming toolkit to meet the needs of the City.

The Consultant may provide additional tasks which they feel is pertinent to or adds value to achieving the City’s overall project objectives.

The following tasks include, but are not limited to:

Task 1 – General Project Administration & Meetings
• Consultant shall assign a project manager that will serve as the point of contact and coordinate all communication with the City of Lomita staff. The Consultant must provide an experienced Engineering Team that has knowledge and understanding of traffic calming measures, relevant federal, state, and county standards, as well as other industry standards and appropriate application. • Consultant shall coordinate a kick-off meeting with Lomita staff and subconsultants to discuss the scope of the project, develop a work plan to accomplish the project goals, schedule, and identify future constraints. • In addition to the kick-off meeting, the Consultant shall plan for sufficient meetings with Lomita staff to complete the project. Consultant shall prepare agendas for all meetings and submit them to the City two (2) working days prior the meeting for review. For each meeting, Consultant shall record minutes and distribute them within five (5) working days of the meeting. • Consultant shall submit monthly progress reports with each invoice. Progress reports shall contain work performed, project concerns and impacts, and the work anticipated for the next month.
• Invoices shall detail the team member, hours worked, task, and date of hours worked.

Task 2 – Review Background Studies and Plans
The consultant shall review existing programs from adjacent local agencies, Los Angeles County, existing City practices and concerns, industry standards, and other model agency programs. In addition, the consultant shall review traffic investigation requests and collision data relevant to the City. Consultant shall create a matrix of potential traffic calming improvements to be used for discussion at the City’s Public Safety and Traffic Commission Workshops. The improvements may be categorized May 2, 2023, Reg. CC Mtg., Page # 165
11 into options that can be implemented by City maintenance crews to more extensive changes that would be incorporated when a Street Capital Improvement Project is scheduled. The matrix shall take into consideration data/criteria that is readily available to the City.

Task 3 - Community Workshops / Public Meetings
The consultant shall conduct two (2) community workshops in coordination with the Public Safety and Traffic Commission to gather information regarding specific traffic issues and concerns from community members. Public Safety and Traffic Commission meetings are scheduled for the third Wednesday of each month at 6 P.M. The agenda package is finalized and published the week prior to the meeting.

City staff will assist in alerting the community about the workshops through its website, community newsletters, and social media.

Workshop #1
• Gather information regarding specific concerns and traffic related issues on residential streets in Lomita.
• Provide traffic calming improvement matrix from Task 2 to create a dialog on what community members like or dislike about specific traffic calming improvements.

Workshop #2 / Presentation of Draft Report
• Concerns and comments made at the first workshop will be addressed and presented as part of the second workshop agenda.
• Gather information regarding specific concerns and traffic related issues on residential streets in Lomita.
• Provide a revised traffic calming improvement matrix (with feedback from Workshop #1) to create a dialog on what community members like or dislike about specific traffic calming improvements. The matrix will include at a minimum the traffic calming measure, criteria for implementation, and cost to implement and maintain.
• Workshop #2 should include, at a minimum, six (6) examples of how the matrix elements could be implemented at specific locations within Lomita.

Presentation
• The consultant shall present the findings from the community workshops, the key points of the final report, and application examples at a City Council meeting.

May 2, 2023, Reg. CC Mtg., Page # 166
12 • City Council meetings are held the first and third Tuesdays of each month at 6 P.M. The agenda package is finalized and published the week prior to the meeting.

Task 4 - Project Documentation
The consultant shall prepare a draft report with findings from Workshops #1 and submit to the City for review. Following feedback, the consultant will present the traffic calming matrix and draft report to the community and Public Safety and Traffic Commission.

The report shall include a toolkit of potential traffic calming measures that address community concerns. The traffic calming measures should include qualifying criteria with details and explanations and expected cost to implement and maintain.

The consultant shall prepare a final report that addresses the comments and questions raised at the Workshop #2 for final consideration and approval by City Council.

The final report shall include one (1) digital pdf copy, one (1) digital native file copy, and two (2) bound hard copies for submission to the City.

May 2, 2023, Reg. CC Mtg., Page # 167
13 SECTION IV

SELECTION OF CONSULTANTS
All proposals will be evaluated by a City of Lomita Selection Committee (Committee). The Committee may be composed of City of Lomita staff and other parties that may have expertise or experience in the services described herein. The Committee will review the submittals and will rank the proposals. The evaluation of the proposals shall be within the sole judgment and discretion of the Committee. All contacts during the evaluation phase shall be through the City of Lomita Project Manager only.

The selection committee will review the submitted proposals according to the below evaluation criteria and weighting factors. The committee will then establish a shortlist based on the highest ranked proposals. The shortlist will include enough qualified consultants to ensure that at least three consultants are interviewed.

After the interview, the committee will reestablish a final ranking of the highest ranked consultants. The highest ranked consultant will be selected for the project. Cost proposals for all qualified consultants will be opened and used to begin negotiations, however, with the highest ranked consultant. If an agreement on fees cannot be reached, then negotiations will proceed to the second highest qualified consultant, and so on and so forth until a final agreement is reached with a consultant.

The proposals will be evaluated based on the following:

A. PROFESSIONAL QUALIFICATIONS - 20 points
Identify individuals who will be assigned to this project by name, title and their role on this project. Indicate which of these individuals you consider key to the successful completion of the project. Resumes or qualifications are required for proposed project personnel who will be assigned to the project. Qualifications and capabilities of any sub-consultants shall be included.

B. PAST EXPERIENCE WITH SIMILAR PROJECTS - 30 points
The written proposal must include a list of specific experience in the project design area and indicate proven ability in similar projects for the firm and the individuals to be assigned to the project. Experience should include traffic engineering, traffic standards, and facilitating a public workshop. The proposal should also indicate the ability to have projects completed within the budget and schedule. A complete list of client references must be provided for similar projects completed. It shall include the firms/agencies name, address, telephone number, project title, and contact person.

May 2, 2023, Reg. CC Mtg., Page # 168
14 C. PROPOSED WORK PLAN – 40 points
A detailed work plan is to be presented and should outline the overall project understanding, approach, and list all tasks determined to be necessary to accomplish the overall scope of the project. The work plan shall include, but is not to be limited to, the objectives/tasks listed in the RFP. The work plan shall define resources needed for each task (title and labor hours) and staff persons completing the project element tasks. In addition, the work plan shall include a timeline schedule depicting the sequence and duration of tasks showing how the work will be organized and executed.

The work plan shall be sufficiently detailed and clear to identify the progress milestones, i.e. when project elements, measures, and deliverables are to be completed. Additional project elements suggested by the proposer that are thought to be necessary for the completion of the project are to be included in the work plan and identified as proposer-suggested elements.

Identify all of those, if any, who will be subcontracted to assist you with this project, and the extent of work for which they will be responsible. Include similar reference data for subcontractors and employees as requested above for the main proposer.

Include any other information that you believe to be pertinent but not specifically asked for elsewhere.

D. FEES - 10 points
Submit a fee schedule in a separate sealed envelope with proposal. Fee schedule shall clearly identify each task, number of hours assigned to each task, name and title of individual assigned to each task, hourly rate of each individual, and total hours and total dollar amount for the project.

E. AUTHORIZED NEGOTIATOR
Include the name and phone number of person(s) in the organization authorized to negotiate the Professional Services Agreement with the City.

May 2, 2023, Reg. CC Mtg., Page # 169
15 ATTACHMENT - A

GENERAL CITY MAP
May 2, 2023, Reg. CC Mtg., Page # 170
253rd St
Narbonne Ave
Oak St
Lomita Blvd
Oak St
Walnut St
Cypress St
Lomita Blvd
255th St
250th St
Narbonne Ave
Pennsylvania Ave
248th St
Western Ave
263rd St
Pacific Coast Hwy
254th St
253rd St
Feijoa Ave
Palos Verdes Dr N
242nd St
261st St
Eshelman Ave
245th St
Appian Way
Ebony Ln
Regent Ave
Andreo Ave
260th St
251st St
240th St
Rolling Vista Dr
Cayuga Ave
243rd St
Via Madonna
253rd Pl
257th St
256th St
262nd St
Via Desmonde
246th Pl
259th Pl
247th St
246th St
249th St
241st St
Viana Ave
Woodward Ave
Moon Ave
Crenshaw Blvd
Alta Vista Ave
252nd St
Doria Ave
Glentree Dr
247th Pl
Fairview Ave
Dawn St
Turrell St
Lucille Ave
Reed Dr
Bland Pl
Market Pl
Guyson St
Hillworth Ave
Lomita Park Pl
Allbrook St
Kelley Ave
Callison St
Chapman St
Alliene Ave
Nordman St
Steed Ct
Saddle View Rd
Cadiz Dr
Falena Ave
April Ct
Wittick Ct
Avocado St
Via Nova
Esther View Dr
Evans Ct
Hillcrest Ave
Alcor St
Leola St
Benhill Ave
Robin Ln
Forrester Dr
Ocean View Ave
Reed St
Garner St
Via Solano
Stratford Dr
McKenna Ct
Olson Ln
Adamo Ave
Comal Ct
Bani Ave
Abita Ave
Austinbrook Ct
Neko Dr
Noelle Ct
Aubrey Ln
Cypress Circle Dr
Via Tampa
255th St
Lucille Ave
248th St
253rd St
251st St
256th St
248th St
Bani Ave
247th St
246th St
241st St
Doria Ave
247th St
261st St
Alliene Ave
253rd Pl
256th St
259th Pl
254th St
253rd Pl
257th St
262nd St
Woodward Ave
252nd St
259th St
Via Marquette
Monte Vista Ave
Lomita Dr
258th Pl
Ovid Ave 264th St
Hendricks Ave
Stanhurst Ave
Park Haven Pl
Eleanor Pl
Adona Dr
Via Enca nto
Padron Pl
Pennsylvania Dr
Murad Ave
Carlene Ln
Via Vera
Veronica Ln
Monterey Cir
Hillview Ln
Danmar Ct
Ober Ave
Becknel Ave
252nd St
Bani Ave
Appian Way
254th St 254th St
Forrester Dr
May 2, 2023, Reg. CC Mtg., Page # 171

ATTACHMENT - B

PROFESSIONAL SERVICES AGREEMENT
(SAMPLE)
May 2, 2023, Reg. CC Mtg., Page # 172

CONTRACT FOR PROFESSIONAL SERVICES

BETWEEN
THE CITY OF LOMITA AND _____________
This AGREEMENT for ______ Project is entered into this day of , 202_, by and between the CITY OF LOMITA, a general law city and municipal corporation (“CITY”) and ____________ (“CONTRACTOR”).

R E C I T A L S
A. CITY does not have the personnel able and/or available to perform the services required under this agreement.

B. Therefore, CITY desires to contract out for __________________.

C. CONTRACTOR warrants to CITY that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.

D. CITY desires to contract with CONTRACTOR to perform the services as described in Exhibit A of this Agreement.

NOW, THEREFORE, based on the foregoing recitals, CITY and CONTRACTOR agree as follows:

1. CONSIDERATION AND COMPENSATION.

A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, attached as Exhibit A;
B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONTRACTOR an amount not to exceed $_____ for CONTRACTOR’s services, unless otherwise specified by written amendment to this Agreement.

D. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his designee.

E. CONTRACTOR shall submit to CITY, by not later than the 10th day of each month, its bill for services itemizing the fees and costs incurred during the previous month. CITY shall pay CONTRACTOR all uncontested amounts set forth in the May 2, 2023, Reg. CC Mtg., Page # 173
CONTRACTOR'S bill within 30 days after it is received.

2. SCOPE OF SERVICES.

A. CONTRACTOR will perform the services and activities set forth in the SCOPE OF SERVICES attached hereto as Exhibit A and incorporated herein by this reference.

If any part of Exhibit A is inconsistent with the terms of this Agreement, the terms of this Agreement shall control.

B. Except as herein otherwise expressly specified to be furnished by CITY, CONTRACTOR will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement.

6. KEY PERSONNEL. CONTRACTOR’s key person assigned to perform work under this Agreement is . CONTRACTOR shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of CITY.

7. TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on ________, unless earlier termination occurs under Section 13 of this Agreement, or extended in writing in advance by both parties.

8. BEST MANAGEMENT PRACTICES AND TRAINING. The contractor shall implement and maintain activity specific Best Management Practices (BMPs) to prevent pollutant loading from stormwater and non-stormwater discharges to receiving waters as required in Municipal NPDES Permit No. CAS004004. Contracting staff whose primary job duties are related to implementation of BMPs shall be adequately trained to effectively implement, operate, and maintain such BMPs and must be versed in factors affecting BMP effectiveness. The contractor shall certify they have received all May 2, 2023, Reg. CC Mtg., Page # 174
applicable training to implement the requirements in Municipal NPDES Permit No.

CAS004004 and shall provide documentation to that effect.

9. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONTRACTOR and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.

10. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number.

11. PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all permits, licenses, and certificates that may be required by local, state and federal laws in connection with the performance of services under this Agreement, including a business license as specified in Title VI, Chapter 2 of the Lomita Municipal Code.

12. LAWS AND REGULATIONS; EMPLOYEE/LABOR CERTIFICATION.

13. PREVAILING WAGE.

Upon request, CITY shall provide CONTRACTOR with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

CONTRACTOR shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the CONTRACTOR’S principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and CONTRACTOR shall therefore comply with such Labor Code sections to the fullest extent required by law.

CONTRACTOR shall defend, indemnify and hold the CITY, its officials, officers, May 2, 2023, Reg. CC Mtg., Page # 175
employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

C. Labor Certification. By its signature hereunder, CONTRACTOR certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

E. CONTRACTOR or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between CONTRACTOR and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid or may have been paid to a debarred subcontractor by CONTRACTOR on the project shall be returned to CITY. CONTRACTOR shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

May 2, 2023, Reg. CC Mtg., Page # 176
F. CONTRACTOR agrees to bind every subcontractor to the terms of the Agreement as far as such terms are applicable to subcontractor’s portion of the work.

14. TERMINATION.

A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing.

B. CONTRACTOR may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date.

D. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.

15. INDEMNIFICATION.

B. The requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR as required by Section 19, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or May 2, 2023, Reg. CC Mtg., Page # 177
qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.

16. ASSIGNABILITY. This Agreement is for CONTRACTOR’s professional services.

CONTRACTOR’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.

17. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only.

18. AUDIT OF RECORDS.

A. CONTRACTOR agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement.

CONTRACTOR further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.

B. CONTRACTOR will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement.

20. INSURANCE REQUIREMENTS.

A. CONTRACTOR, at CONTRACTOR’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies:

May 2, 2023, Reg. CC Mtg., Page # 178

1. “The CITY, its elected or appointed officers, officials, employees, agents, May 2, 2023, Reg. CC Mtg., Page # 179
and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONTRACTOR, including materials, parts, or equipment furnished in connection with such work or operations.”