1 CITY OF LOMITA
CITY COUNCIL REPORT
TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Juan Ibarra
MEETING DATE: June 20, 2023
SUBJECT: Consideration of an Amendment to the Professional Services Agreement with Westfield Electric, Inc. to Provide As-Needed Electrical Services
RECOMMENDATION
Authorize the City Manager to execute an amendment to the agreement with Westfield Electric, Inc. to provide professional as-needed electrical services.
BACKGROUND
The City has a current and ongoing agreement with Westfield Electric, Inc., a local professional electrical contractor, to provide as-needed electrical services based on a Request for Proposal issued by the City.
Recently, the City received a letter from Westfield Electric requesting an increase in their rates in order to keep pace with rising inflation and operating costs. Westfield Electric’s rates have not increased since approval of their agreement in August 2021.
To account for inflation and ensure that Westfield continues to meet prevailing wage requirements, Westfield has requested a 10% increase in their rates followed by an annual increase beginning in the City’s fiscal year 2024-2025 for the remainder of the agreement term. The annual increase will be based on the 12-month Consumer Price Index (CPI) newest available rate for the Los Angeles area provided by U.S. Bureau of Labor Statistics for the respective year. If the CPI shows a negative percentage, there will be no increase for that specific year. Below are the current rates and the new proposed rates for Westfield Electric (Electrician & Electrician Apprentice).
Item No. 7l
2 Electrician Hourly Rates
Electrician Apprentice Hourly Rates
Westfield Electric’s existing agreement is set to expire on August 17, 2026. However, the City has two one-year renewal options if both parties wish to extend the agreement. If the proposed rates are approved all other terms and conditions of the revised agreement approved by the City Council on August 17, 2021 will remain the same.
If approved, the rates structure discussed above will be in effect until July 1st, 2024. the City generally spends between $20,000 and $ 30,000 annually on these services if no special projects are scheduled. Based on this adjusted rate structure, and anticipated projects staff is also recommending a corresponding increase to the annual not-to-exceed amount included in the agreement from $25,000 to $30,000 annually to provide sufficient funding for annual projects.
ALTERNATIVES TO STAFF RECOMMENDATION:
1. Do not authorize amendment to the Agreement.
2. Provide staff further direction.
PERFORMANCE PERIOD CURRENT HOURLY
RATE
PROPOSED
HOURLY
RATES
Straight Time $100.00 $110.00
Overtime Daily (Mon – Fri) $150.00 $165.00
Overtime Saturday $150.00 $165.00
Overtime Sunday and Holiday $200.00 $220.00
24/ 7 Emergency Response
Premium 2-hour response time
required
$200.00 $220.00
PERFORMANCE PERIOD CURRENT HOURLY
RATE
PROPOSED
HOURLY RATES
Straight Time $90.00 $99.00
Overtime Daily (Mon – Fri) $135.00 $148.50
Overtime Saturday $135.00 $148.50
Overtime Sunday and Holiday $180.00 $198.00
24/7 Emergency Response
Premium 2-hour response time
required
$180.00 $198.00
3 FISCAL IMPACT
Actual impacts of the agreement are dependent on services provided. The Amendment increases the annual not-to-exceed amount from $25,000 to $30,000.
ATTACHMENT
1. Copy of Professional Service Agreement with Westfield Electric, Inc.
2. Westfield Electric, Inc Professional Service Agreement Amendment.
3. Westfield Electric Letter Request to increase rates.
Reviewed by: Approved by:
_____________________________ _____________________________ Gary Sugano Ryan Smoot
Assistant City Manager City Manager
Prepared by:
_____________________________
Juan Ibarra
Administrative Analyst
DocuSign Envelope ID: 6AA9A6EB-3193-4452-B9E9-5F3CFDA9548F
CONTRACT FOR PROFESSIONAL SERVICES
BETWEEN
Agree No 2021-13
THE CITY OF LOMITA AND WESTFIELD ELECTRIC, INC.
This AGREEMENT for As-Needed Electric Services is entered into this 17th day of August 2021, by and between the CITY OF LOMITA, a general law city and municipal corporation ("CITY") and Westfield Electric, lnc.("CONSUL TANT").
RECITALS
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 As-Needed Electric Services. c. CONSUL TANT warrants to CITY that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement. ,,,/ ,,, D. CITY d�sires to contract with CONSUL TANT to perform the services as described in· Exhibit A of this Agreement.
NOW, THEREFORE, based on the foregoing recitals, CITY and CONSULTANT agree· as follows:
1. CONSIDERATION AND COMPENSATION.
A. As partial consideration, CONSUL TANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as Exhibit A;
B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT an amount not to exceed $25,000 annually, for CONSUL TANT'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. CONSUL TANT shall submit to CITY, by not later than the 10th day of each Attachment No 1
DocuSign Envelope ID: 6AA9A6EB-3193-4452-B9E9-5F3CFDA9548F month, its bill for services itemizing the fees and costs incurred during the previous month. CITY shall pay CONSUL TANT all uncontested amounts set forth in the CONSULTANT'S bill within 30 days after it is received.
2. SCOPE OF SERVICES.
A. CONSUL TANT 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, CONSUL TANT 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 CONSUL TANT by this Agreement.
3. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT 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 CONSULTANT 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, CONSUL TANT represents that CONSUL TANT 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. CONSULTANT's key person assigned to perform work under this Agreement is Morgan Metcalfe. CONSULTANT 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 August 17, 2026, unless earlier termination occurs under Section 11 of this Agreement or extended in writing in advance by both parties.
8. 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 CONSUL TANT and CITY. The cost or credit to CITY
DocuSign Envelope ID: 6AA9A6EB-3193-4452-89E9-5F3CFDA9548F resulting from changes in the services will be determined in accordance with written agreement between the parties.
9. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.
10. PERMITS AND LICENSES. CONSULTANT 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.
11. Laws and Regulations; Employee/Labor Certification. CONSUL TANT 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.
CONSULTANT 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.
12. PREVAILING WAGE.
A Prevailing Wage. CONSUL TANT 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, CONSUL TANT agrees to fully comply with such Prevailing Wage Laws.
Upon request, CITY shall provide CONSULTANT with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.
CONSULTANT 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 CONSULTANT'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 CONSUL TANT shall therefore comply with such Labor Code sections to the fullest extent required by law.
CONSUL TANT 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, CONSUL TANT and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). CONSUL TANT shall
DocuSign Envelope ID: 6AA9A6EB-3193-4452-89E9-5F3CFDA9548F maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be CONSULTANT'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 CONSULTANT or any subconsultants that affect CONSULTANT'S performance of services, including any delay, shall be CONSULTANT'S sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered CONSULTANT caused delay and shall not be compensable by CITY.
CONSUL TANT 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 CONSUL TANT or any subconsultant.
C. Labor Certification. By its signature hereunder, CONSUL TANT 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. CONSULTANT and all subconsultants 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. CONSULTANT or subconsultants may not perform work on a public works project with a subconsultant 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 CONSULTANT and a debarred subconsultant is void as a matter of law. A debarred subconsultant may not receive any public money for performing work as a subconsultant on a public works contract. Any public money that is paid or may have been paid to a debarred subconsultant by CONSULTANT on the project shall be returned to CITY. CONSUL TANT shall be responsible for the payment of wages to workers of a debarred subconsultant who has been allowed to work on the Project.
F. CONSUL TANT agrees to bind every subconsultant to the terms of the Agreement· as far as such terms are applicable to subconsultant's portion of the work.
CONSUL TANT shall be as fully responsible to CITY for the acts and omissions of its subconsultant and of persons either directly or indirectly employed by its subconsultant, as CONSULTANT is for acts and omissions of persons directly employed by CONSUL TANT. Nothing contained in these Agreement shall create any contractual relationship between any subconsultant and CITY.
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13. 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. CONSUL TANT 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, CONSUL TANT shall cease services as of the date of termination, all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONSULTANT shall, at CITY's option, become CITY's property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination.
D. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
14. INDEMNIFICATION.
A CONSULTANT 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 arising out of or in connection with CONSUL TANT's 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 CONSULTANT'S legal counsel unacceptable, then CONSUL TANT shall reimburse CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation.
CONSULTANT 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.
B. The requirements as to the types and limits of insurance coverage to be maintained by CONSUL TANT as required by Section 17, 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 CONSUL TANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
15. ASSIGNABILITY. This Agreement is for CONSUL TANT's professional services.
CONSUL TANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void.
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16. INDEPENDENT CONSULTANT. CITY .and CONSULTANT agree that CONSUL TANT will act as an independent CONSULTANT and will have control of all work and the manner in which is it performed. CONSUL TANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSUL TANT 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 CONSUL TANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.
17. AUDIT OF RECORDS.
A. CONSUL TANT agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement.
CONSUL TANT 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 mc;iterial that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement.
CONSUL TANT further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.
B. CONSULTANT will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement.
18. CORRECTIVE MEASURES. CONSULTANT will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONSULTANT will be given a reasonable amount of time as determined by CITY to implement said corrective measures. Failure of CONSUL TANT to implement required corrective measures shall result in immediate termination ofthis Agreement.
19. INSURANCE REQUIREMENTS.
A. CONSUL TANT, at CONSUL TANT'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. CONSULTANT shall require all subconsultants 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 CONSUL TANT for CITY.
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2. General Liability Coverage. CONSUL TANT 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. CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of CONSUL TANT 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. CONSULTANT shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from CONSULTANT'S operations under this Agreement, whether such operations be by CONSULTANT or by its employees, subconsultants, or subconsultants. 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," CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated.
Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement and will cover CONSUL TANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.
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 follows. CONSUL TANT also agrees to require all CONSUL TANTs, and subconsultants 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 CONSUL TANT, 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.
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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. CONSUL TANT agrees to provide immediate notice to CITY of any claim or loss. against CONSUL TANT 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, CONSULTANT shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
E. CONSUL TANT 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 CONSUL TANT to procure or maintain required insurance shall constitute a material breach of contract under which CITY may terminate this Agreement pursuant to Section 11 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 CONSUL TANT (as the named insured) should CONSUL TANT 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. CONSULTANT understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONSUL TANT as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CONSULTANT'S behalf upon CONSULTANT'S failure or refusal to do so in order to secure defense and indemnification as an additional insured under the
DocuSign Envelope ID: 6AA9A6EB-3193-4452-B9E9-5F3CFDA9548F policy, CITY may include such amounts as damages in any action against CONSUL TANT for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.
20. USE OF OTHER CONSULTANTS. CONSULTANT must obtain CITY's prior written approval to use any CONSUL TANTs while performing any portion of this Agreement. Such approval must include approval of the proposed CONSULTANT and the terms of compensation.
21. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSUL TANT 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 CONSUL TANT for anything done, furnished or relating to the CONSULTANT'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 CONSULTANT, its employees, sub-CONSULTANTs 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 CONSULTANT, its employees, sub-CONSULTANTs and agents.
22. CORRECTIONS. In addition to the above indemnification obligations, the CONSULTANT shall correct, at its expense, all errors in the work which may be disclosed during CITY'S review of CONSULTANT'S report or plans. Should the CONSULTANT 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 CONSUL TANT. 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 CONSULTANT under this Agreement up to the amount of the cost of correction.
23. NON-APPROPRIATION OF FUNDS. Payments to be made to CONSULTANT 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 CONSULTANT'S services beyond the current fiscal year, the Agreement shall cover payment for CONSULTANT'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.
24. 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:
DocuSign Envelope ID: 6AA9A6EB-3193-4452-89E9-5F3CFDA9548F CITY
City of Lomita
24300 Narbonne Avenue
Lomita1 CA 90717
ATTN: Citv Manager
CONSULTANT
Westfield Electric1 Inc.
2018 Lomita Blvd. Ste. 6
Lomita1 CA 90717
ATTN: Morgan Metcalfe
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.
25. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSUL TANT's bona fide employee, to solicit or secure this Agreement. Further, CONSUL TANT warrants that it has not paid, nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSUL TANT breach or violate this warranty, CITY may rescind this Agreement without liability.
26. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSUL TANT's or CITY's obligations under this Agreement.
27. 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.
28. 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.
29. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
30. 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
DocuSign Envelope ID: 6AA9A6EB-3193-4452-B9E9-5F3CFDA9548F this Agreement. CITY's city administrator, or designee, may execute any such amendment on behalf of CITY.
31. 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.
32. 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.
33. TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.
34. 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.
35. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY.
CONSUL TANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private CONSUL TANTs, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to ·satisfy a public agency.
36. DISCLOSURE REQUIRED. (CITY and CONSUL TANT initials required at one of the following paragraphs)
By their respective initials next to this paragraph, CITY and CONSULTANT hereby acknowledge that CONSULTANT is a "CONSULTANT" for the purposes of the California Political Reform Act because CONSULTANT'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 CONSUL TANT employed by CITY. CONSULTANT 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 CONSULTANT commencing
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services hereunder, the City's Manager shall prepare and deliver to CONSUL TANT a memorandum detailing the extent of CONSULTANT'S disclosure obligations in accordance with the CITY'S Conflict of Interest Code.
City Initials __ _
CONSUL TANT Initials ---
By their initials next to this paragraph, CITY and CONSUL TANT hereby acknowledge that CONSUL TANT is not a "CONSUL TANT" for the purpose of the California Political Reform Act because CONSULTANT'S duties and responsibilities are not within the scope of the definition of CONSUL TANT 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 JfJ_ �
CONSUL TANT Initials�
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF LOMITA CONSULTANT
By: �
APPROVED AS TO FORM:
Trevor Rusin, City Attorney
DocuSign Envelope ID: 6AA9A6EB-3193-4452-89E9-5F3CFDA9548F Exhibit A .... Scope of Work
Contractor shall provide all necessary electrical services as need by the City including, but not limited to:
• Service for interior/ exterior lighting replace lamps and ballasts as needed • Upgrade electrical at existing circuit breaker equipment in all main panels and sub panels • Troubleshoot short circuits in existing power and lighting locations where short circuits may exist
• Upgrade lighting to high efficiency type light fixtures (LED) •
Install additional/new network data and communication outlets/jacks • Punch down and terminate cat5/6 cables at server/outlet locations • Trace existing low voltage sprinkler lines with wire and valve locator tool for buried in ground and in planter areas and repair
•
Install new lighting and power for beautification projects • Upgrade main electrical services and communicate with Southern California Edison on customers behalf
•
Install new plugs and lights in offices as needed
• Properly run network cabling at desk locations via custom cabinet/desk holes made as needed
•
Install internet routers and equipment for Hardwire and WIFI systems • Able to test internet cables and data lines for proper use •
Install battery backup systems for small to large pieces of equipment if need. For instance, the fountain at city hall has a battery backup for pumps • Create safe working environment for all electrical areas .and playgrounds where you will be notified if something needs to be addressed
•
Irrigation low voltage troubleshooting, repairs, new install, and upgrades • Other related work as needed
WESTPIILD ILICTRIC, INC.
COST PROPOSAL PORM
EXHIBITC
1.COIIPENSAnON 8CHBULI!
COMPINUTION ICHIDUY
tfoprly BIii shown in the campensation schedule shall reffect the rate charged. lllds::UR shalt include trade related tools. trade related equipment. tranlportation, relevant expenses. overhead, taxes and profit, to perfonn work. which may be involved in the contract (mark-up clop not Include materials -see responsive.
item 1.K.) lvry proposal wfthoul a SP!Qpleted compensation schedule wiH be rejected as nonNote: Hourly Rate + Mark-Up % x Number of Hours = Total Price t.A. l!LECTIIICIAII
PEIINII HGUm.Y ......
ltA1'E "
oo.m 0
$1
SlOO
50.m 0
0 0
0 1.11. l!LEC1IIICIAN Al'PRENIICI!
I EIU'NIIIIICE I■■-
lime
lllllllr
ONdilm ... --......
2-Mur'
MREmargel-, RelponsePnnirm
...
...... y
seo.m
ltA1E
$135.00
$135.00
$180.00
$180.00
.....
"
0 0
0 0
0 --
-
1'01'.AL
500
10 10
10 10
f.A. Sult,.TOlal
500
-··--
-
10 10
10 10
f.A. .... Totall
"IOTAL
PIIICE
--�
$1.800.00
$1.800.00
$51,300JJO
1.c. TOTAL PROPOSAL PRICE FOR HOURLY RATE AND MARK-UP for the cost of labor, equipment, parts. implements and supplies necessary to complete the p roject, as based
on the City Representative's estimate of quantities of work to be done (summation of preceding subtotals of Items 1.A. and 1.8. inclusive):
TOTAL AMOUNT OF PROPOSAL IN FIGURES: S_1._..0=8,a.:;;3..:,;.;00;;;,.-___ _ Page:1
Morgan Metcalfe• Westfield Electric Inc. * 310-971-3034 * Cl0-916487 REQUEST FOR PROPOSALS FOR ON-0\Ll ELECTRICAL SERVICES
TOTAL AMOUNT OF PROPOSAL IN WORDS:
WeJ,tfield Electrics rate of service fo
r an electrician is $100.00 R§r hour. OT (Mgn-Fn) rate of service is f 150.00. OVertime Saturday rate of service is $200.00, Overtime Sunday and Holiday mt, of service is S2QO.OO per hoyr and fqr 2417 Emermmqy resp_gnse rate of s,rvice is $200.00 per hour. The total of these rates Qer the number of hours listed is a sub-total in the amount of $57,QOO.OQ as mfflltloned in table 1 A
Westfield Electrics rate of service for an apprentice electrician is $90.00 per hour. OT (Mon-Fri) rate of service is $135.00, Overtime Saturday rate of service is $135.00. overtime Sunday and Holiday rate of service is $180.00 per hour and fo
r 24n Emermmgy resoonse rate of service is
$180.00 per hour. The total of these rates per the number of hours listed is a sub-total in the amount of $51,300.00 as mentioned in table 1.B.
In case o
f a discrepancy between words and figures, the words shall prevail. If the amounts proposed on individual items (if called for) do not in fact add up to the total amount shown by the Bidder, the correctly added total of the individual items shall prevail over the total figure shown by the Bidder if there is a discrepancy between these figures.
1.D. PERCENTAGE MARK-UP ON MATERIALS: Not to be included as part Percentage
of lump sum.
Percentage
shall be filed in or the proposal will be deemed unresponsive.
MaJk-up for Materials (shall not exceed 10%): 10 %
Alf requests for payment will require copies of the receipts for alt purchased materials. Should · the City deem necessary the vendor may be required to provide more than one quote for the ConlraclDls
purchase of material.
Signature:' �ts: �2J \ \(LD-1-\
Page:2
Morgan Metcalfe • Westfield Efectric Inc. • 310.971-3034 • Cl0.916487 REQUEST FOR PROPOSALS FOR ON<Atl ELECTRICAL SERVICES
DRAFT
FIRST AMENDMENT TO
AGREEMENT BETWEEN THE CITY OF LOMITA AND WESTFIELD ELECTRIC, INC FOR
PROFESSIONAL SERVICES FOR AS-NEEDED ELECTRIC SERVICES
This First Amendment to the Agreement 2021-13 between the City of Lomita (“City”) and Westfield Electric, INC (“Consultant”) for Professional Services for As-Needed Electric Services is made and entered into this 20th day of June 2023.
WHEREAS, the City and Consultant are parties to an Agreement for professional services for the above referenced projects dated August 17, 2021, (“the Agreement”); and WHEREAS, the City and Consultant desire to amend the Agreement to adjust the cost for services by increasing the rates by 10% followed by an annual increase beginning in the City’s fiscal year 2024-2025 for the remainder of the Agreement based on the 12-month Consumer Price Index (CPI) newest available rate for the Los Angeles area provided by the U.S. Bureau of Labor Statistics for the respective year.
NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Consultant hereby agree as follows:
1. Section 1, paragraph C of the Agreement is amended to read:
“As additional consideration, CITY agrees to pay CONSULTANT an amount not to exceed $30,000 annually, for CONSULTANT’s services, unless otherwise specified by written amendment to this agreement.”
2. Exhibit “C” of the Agreement (Compensation Schedule) is hereby replaced with the attached Exhibit “A.” The rates in Exhibit A will apply to the Agreement as of the effective date of this amendment.
3. No other changes. All terms, conditions, and other provisions of the Agreement, including all Exhibits thereto, not affected by this first Amendment shall remain in full force and effect.
[signatures on following page]
Attachment No 2
DRAFT
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the 20th day of June 2023, at Lomita, California.
WESTFIELD ELECTRIC, INC.
By ________________________
Morgan Metcalfe
CITY OF LOMITA
By ______________________
Ryan Smoot
City Manager
Approved as to Form: Attest:
______________________ _______________________
Trevor Rusin, City Attorney Kathleen Gregory, MMC, City Clerk DRAFT
EXHIBIT A
Amended Cost Proposal / Pricing Information
Electrician Hourly Rates
Electrician Apprentice Hourly Rates
Percentage Mark-Up for Materials (Shall not exceed 10%) The rates mentioned above will be in effect until July 1st, 2024. On July 1st, 2024, the most current CPI rate provided by the Los Angeles Area will be adjusted to the rates mentioned above. Followed by respective annual CPI increases on July 1st 2025, and July 1st 2026. If the latest CPI rate is negative, there will be no increase in the rates.
PERFORMANCE PERIOD Hourly Rate
Straight Time $110.00
Overtime Daily (Mon – Fri) $165.00
Overtime Saturday $165.00
Overtime Sunday and Holiday $220.00
24/7 Emergency Response
Premium 2-hour response time
required
$220.00
PERFORMANCE PERIOD Hourly Rate
Straight Time $99.00
Overtime Daily (Mon – Fri) $148.50
Overtime Saturday $148.50
Overtime Sunday and Holiday $198.00
24/7 Emergency Response
Premium 2-hour response time
required
$198.00
To: City of Lomita
From: Morgan Metcalfe, Westfield Electric Inc.
To My Valued Customer,
After much deliberation, we at Westfield Electric Inc. have deemed it necessary to adjust our rates in order to keep pace with rising inflation and operating costs. Effective immediately I am requesting a rate raise bringing my hourly rate to $110.00 an hour.
I am also requesting that annually, beginning your fiscal year in July 2024, I raise my hourly rate by the percentage based on the Los Angeles County Consumer Price Index (CPI) for the respective years remaining in our agreement. This was a tough decision to make, and I understand how it affects our customers. Therefore, I thank you for your ongoing support and trust that these changes will help us continue providing you with premium quality and service.
As always, I welcome any questions or comments.
Gratefully yours,
Morgan Metcalfe
Westfield Electric Inc.
Attachment No 3