• Scope: Oversee Operators performing daily tasks and procedures. City operator would be present to open and close the gates and doors. All security will be managed by City of Lomita. We have allowed for 8 hour days, primarily at the WTP with some time at City Hall or Corporation yard for administrative tasks as needed.
o Advise on executing SOPs
o Daily calculations and water quality monitoring logs
o Assisting with WQ reporting
o Assisting with ordering materials, supplies and chemicals o Optimize treatment process
• 5 days a week support for 2 weeks
• 3 days a week support for 2 months + remote assistance • 2 days a week support for 4 months + remote assistance Schedule and Budget
Our fee to complete this work is not to exceed $244,310. Refer to Table A in this letter for fee schedule summary. This fee is based on time and materials.
Our team is available to start on this work when authorized, commencing August 2024, with an expected duration of approximately six months. The breakdown of the schedule is expected to be 1 month time for training, 1 month time for SOPs, and 6 months time for on-site operational support. Please contact me if you have any questions regarding this proposal.
Sincerely,
Nathan Boyle, PE
Project Manager
Tuesday, August 06, 2024 Reg CC MTG, Page *122
Lomita, CA 90717
City of Lomita
Cypress Water Production Facility GAC Upgrades A-1
Table A: Fee Table
Tuesday, August 06, 2024 Reg CC MTG, Page *123
1 TO: City Council
FROM: Andrew Vialpando, City Manager
PREPARED BY: Lina Hernandez, Interim Public Works Director MEETING DATE: August 6, 2024
SUBJECT: Professional Services Agreement with LAE Associates, Inc. for the Street Reconstruction, Zone G – Phase 1 Project
RECOMMENDATION
Award a Professional Services Agreement to LAE Associates, Inc for construction inspection and testing services for the Street Reconstruction, Zone G – Phase 1 Project in the amount of $136,630 plus a 15% contingency amount of $20,495; and authorize the City Manager to execute the agreement.
BACKGROUND
Street Improvement Zone G is located the northeast part of the City, north of 253rd Street and east of Eshleman Ave. Many roads in this area are in need of rehabilitation and the latest findings from the Pavement Management Plan identified the streets in this zone as some of the areas with the worst pavement conditions in the City.
DISCUSSION
Public Works has prepared project specifications to rehabilitate streets in this zone of the City. Most of the street rehabilitation will involve full street reconstruction, and some areas will be repaired with asphalt overlay only.
In July 2022 the design of the project was awarded to David Evans and Associates (DEA).
Design was completed in May 2024 and this project is divided into 4 phases due to sequencing with water pipeline replacements and available funding for street rehabilitation. Phase 1 of the Zone G Street Reconstruction Project includes Nordman
CITY OF LOMITA
CITY COUNCIL REPORT
Item No. 7g
Tuesday, August 06, 2024 Reg CC MTG, Page *124
2 St., Turrell St., and Walnut St. (Turrell St. to the northern City border). This project also includes repairs to curb ramps on these streets.
On September 5, 2023, the City Council approved a list of three firms to provide on-call construction management, construction inspection, construction administration, and material testing services. This list includes LAE Associates, Inc. Staff recommends using the services of LAE Associates, Inc., as this firm has demonstrated excellent experience and qualifications having completed several similar projects with other agencies. The dayto-day construction management tasks will be performed by staff accompanied by Rainbow Engineering consultants. LAE Associates Inc’s scope on this project will be for full time on-site inspection as well as material testing and labor compliance.
Proper notifications and public outreach through the City’s regular outreach mediums will be used advising area residents and motorists to use alternate routes when possible during construction.
FISCAL IMPACT
This first phase of this project is budgeted for the 2024/2025 fiscal year under account number 311-810-5806.368 from the Street Fund.
OPTIONS
1. Approve staff’s recommendation.
2. Provide alternative direction.
ATTACHMENTS
1. PSA Agreement with LAE
2. Map of Phasing Plan
Reviewed by: Approved by:
.
_______________________ ______________________
Gary Y. Sugano Andrew Vialpando
Assistant City Manager City Manager
Prepared by:
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3 __________________________
Lina Hernandez
Interim Public Works Director
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CONTRACT FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF LOMITA AND LAE ASSOCIATES INC.
This AGREEMENT for Construction Management and Inspection Services is entered into this 6th day of August 2024, by and between the CITY OF LOMITA, a general law city and municipal corporation (“CITY”) and LAE 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 construction management, construction inspection, construction administration and testing services for the Street Reconstruction, Zone G – Phase I Project.
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 of $136,630.00, the CONTRACTOR’s estimated costs of its services, unless otherwise specified by written amendment to this Agreement. The City Council has also approved an additional 15% of these estimated costs, or up to $20,495, for unexpected contingencies, or a total, not-to-exceed amount of $157,125. If CONTRACTOR incurs expenses exceeding its estimated costs of $136,630, the CONTRACTOR must request such expenses in writing, and the CITY’s City Manager or his designee must approve of such requests for CONTRACTOR to receive compensation for those costs.
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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 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 persons assigned to perform work under this Agreement are Fred Alamolhoda, Nasser Abbaszadeh, Kevin Alamolhoda, Jim Long, Ned Shaffer, Shawn Ariannia, and Sylvia Linn. 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 upon completion of the scope of work for the Street Reconstruction, Zone G – Phase I Project, unless earlier termination occurs under Section 14 of this Agreement or extended in writing in advance by both parties.
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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 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.
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 Tuesday, August 06, 2024 Reg CC MTG, Page *129
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, 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 Tuesday, August 06, 2024 Reg CC MTG, Page *130
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 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 arising out of or in connection with CONTRACTOR'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 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.
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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 20, 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 services 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.
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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-peroccurrence 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 Tuesday, August 06, 2024 Reg CC MTG, Page *133
California, or which is approved in writing by CITY, and shall be endorsed as 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.
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F. Failure on the part of CONTRACTOR to procure or maintain the required insurance shall constitute a material breach of contract under which CITY may terminate this Agreement pursuant to Section 14 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.
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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
LAE Associates Inc.
650 N. Rose Drive, Suite
182, Placentia, CA 92870
ATTN: Fred Alamolhoda
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.
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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 the signatures of all parties to this Agreement.
CITY’s City Manager 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 the 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.
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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 assuming-office, annual, and leavingoffice 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 the following page]
Tuesday, August 06, 2024 Reg CC MTG, Page *138
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF LOMITA CONTRACTOR
Andrew Vialpando, City Manager By: Fred Alamolhoda, Principal-In-Charge ATTEST:
562646121
Kathleen Horn Gregory, City Clerk Taxpayer ID No.
APPROVED AS TO FORM:
Trevor Rusin, City Attorney
Tuesday, August 06, 2024 Reg CC MTG, Page *139
Exhibit A
Tuesday, August 06, 2024 Reg CC MTG, Page *140
Fee Proposal
proposal options for the requested Construction Management, Construction Inspection, Construction Administration and Material Testing Services for the Street Reconstruction Zone G Phase 1 Project for City of Lomita are given in the table below. Team members will adhere to the needs of the City to complete the requested tasks. Should the City have changes to the project, require revisions to the hours proposed, or have new information impacting the nature of the project, LAE is open to negotiating its fee.
Tuesday, August 06, 2024 Reg CC MTG, Page *141
Tuesday, August 06, 2024 Reg CC MTG, Page *142
Fee Schedule
the hourly rates shown below. Team members will adhere to the needs of the City of Lomita to complete the requested tasks.
July 1, 2023 through June 30, 2026
with a three percent (3%) escalation clause to be approved by the City of Lomita after June 30, 2026.
Role Hourly
Rate
Principal-In-Charge $200
Senior Civil Engineer (P.E.) $180
Senior Project/Construction Manager (P.E.) $180
Senior Project/Construction Manager $175
Project/Construction Manager (P.E.) $165
Senior Construction Observer (Prevailing Wages)* $156
Senior Analyst $130
Junior Engineering Aid $70
Administrative Assistant $70
Actual Mileage (will be adjusted per IRS guidelines) $0.65/Mile Other Direct Cost (printing, travel, etc.) Actual
Tuesday, August 06, 2024 Reg CC MTG, Page *143
Effective: March 2023-February 2026 Geo-Advantec, Inc. Page A1 of A6 Master Fee Schedule
ENGINEERING SERVICES
ENGINEERING AND PROFESSIONAL SERVICES
Principal Geotechnical Engineer/Principal Engineering Geologist $ 225.00 Per Hour Senior Geotechnical Engineer/ Senior Engineering Geologist/Senior Registered Engineer $ 175.00 Per Hour Registered Civil Engineer $ 175.00 Per Hour
Project Manager $ 135.00 Per Hour
Staff Engineer/Staff Geologist/Field Engineer $ 135.00 Per Hour Administration $ 60.00 Per Hour
CAD/GIS Technician $ 150.00 Per Hour
Principal Geologist Forensic/Field and Office $ 300.00 Per Hour Principal Geotechnical Engineer Forensic (Field and Office) $ 350.00 Per Hour Senior Engineer Forensic (Field and Office) $ 250.00 Per Hour Field Engineer Forensic $ 200.00 Per Hour
Principal Geotechnical Engineer and Geologist Expert Witness and Litigation Tasks $ 350.00 Per Hour Senior Geotechnical Engineer/Senior Registered Engineer Expert Witness and Litigation Tasks $ 300.00 Per Hour
GEOTECHNICAL INVESTIGATIVE/PRE-CONSTRUCTION PHASE
FIELD DRILLING AND TESTING
*Field Testing/Sampling Helper (Technician - Prevailing Wage) *Surcharge of $10 per/hr. for projects under PLA/CWA agreements $ 120.00 Per Hour Drilling Hollow Stem Auger (6- diameter) (Minimum $3600/day) (subject to adjustment) $ 750.00 Per Hour Drilling Mud Rotary Wash Drilling (Minimum 8 hrs.) $ 6500.00 Per Day Drilling Cone Penetration Test (minimum 4 hrs. and 8 hrs. after) $ 7000.00 Per 8 Hr. Shift Coring- Pavement (Crew + Equipment, including rapid set concrete or cold AC patching) $ 250.00 Each Core Saw-Cut R-value Sampling (Crew + Equipment, including rapid set concrete or cold AC patching) $ 350.00 Each Location
Sample Pickup (truck + driver, min. 2 hrs.) $ 75.00 Per Hour GPR Survey $ 3500.00 Per Day
Percolation Test (Falling Head Method - Max. depth $ 4000.00 Per Test
INSPECTION SERVICES
GEOTECHNICAL MONITORING
DURING CONSTRUCTION TESTING AND INSPECTION SERVICES
*Soil Technician / Field Engineer (Prevailing Wage)
*Surcharge of $10 per/hr. for projects under PLA/CWA agreements $ 140.00 Per Hour Soils/Materials Inspector (Regular Wage) $ 90.00 Per Hour Technician / Field Engineer Pile and Tieback Monitoring & Inspection $ 140.00 Per Hour Deputy Grading Inspector (City of LA) $ 150.00 Per Hour Nuclear Gauge Equipment $ 75.00 Per Day
MATERIALS SPECIAL INSPECTION
*Inspector/Concrete, Batch Plant Inspection $ 140.00 Per Hour *Inspector/Masonry $ 140.00 Per Hour
*Inspector/Welding/Steel/Tagging & Sampling $ 140.00 Per Hour *Inspector/Post-Tension $ 140.00 Per Hour
*Inspector/Fireproofing $ 140.00 Per Hour
*Inspector/UT $ 150.00 Per Hour
*Inspector/Pull Test
*Surcharge of $10 per/hr. for projects under PLA/CWA agreements $ 150.00 Per Hour
REPORTS
Soils (Geotechnical/Geohazard Evaluation) Report Varies - Lump Sum DSA-293 Report $ 750.00 Ea. Cert.
DSA-291 Report $ 750.00 Ea. Cert.
Final Grading / Compaction Report (Comprehensive-Minimum) $ 3000.00 Each Pad Certificate Report/Letter $ 1500.00 Each
Tuesday, August 06, 2024 Reg CC MTG, Page *144
Effective: March 2023-February 2026 Geo-Advantec, Inc. Page A2 of A6 Master Fee Schedule
REPORTS
Utility Trench Compaction Report (Length <4000 L.F.) $ 2500.00 Each Wall Backfill Report $ 2500.00 Each
Monthly Interim In-Grading Report $ 1500.00 Each
Pile/Shoring Monitoring Report (Final) $ Quote Each
Plan Review (Grading/ Foundation) $ 2500.00 Each
Materials Testing Final Verification Letter $ 1000.00 Each Project Laboratory Report Review Letter (Stamped) $ 750.00 Each
LABORATORY TESTING
SOIL AND AGGREGATE
CLASSIFICATION & PHYSICAL CHARACTERISITICS
ID ASTM CTM
T101 D2937 CT212 Unit Weight $ 20.00 Each
T102 D4829 Expansion Index $ 125.00 Each
T103 C117, D1140 Finer than #200 Wash $ 50.00 Each
T104 D422, C136 CT202 Sieve Analysis- Coarse & Fine Including wash $ 150.00 Each T105 D422, C136 CT202 Sieve Analysis- Coarse Aggregate $ 125.00 Each T106 D422, C136 CT202 Sieve Analysis- Fine Including Wash $ 125.00 Each T107 D422 CT203 Particle-Size Distribution - Sieve Analysis + Hydrometer Combined $ 200.00 Each
T108 D422 CT203 Hydrometer Analysis only $ 125.00 Each
T109 D4318 CT204 Atterberg Limits LL, PL, & PI of Soils $ 125.00 Each T110 D2435 Consolidation (without Time Rate) $ 185.00 Each T111 D2419 CT217 Sand Equivalent Value of Soil and Fine Aggregate (Set of Three) $ 100.00 Each Set
T112 C127 CT206 Specific Gravity and Absorption (Coarse Aggregate) $ 90.00 Each
T113 C127 CT206 Absorption Only, Coarse Aggregate $ 65.00 Each T114 C128 CT207 Specific Gravity and Absorption (Fine Aggregate) $ 160.00 Each T115 C128 CT207 Absorption Only, Fine Aggregate $ 90.00 Each T116 AASHTO
T100 CT209 Specific Gravity (Soil) by Hydrometer (Water Pycnometer) $ 140.00 Each T117 D2216 CT226 Water Moisture Content $ 20.00 Each
T118 D3080 Direct Shear (3 Points) $ 250.00 Each
T119 D3080 Direct Shear Remolded sample (3 points) $ 300.00 Each T120 D1557-A, B Maximum Density 4 in. Mold Passing No.4 or 3/8 in. Sieve $ 150.00 Each
T121 D1557-C Maximum Density 6 in. Mold Passing 3/4 in. Sieve $ 160.00 Each T122 D2166 CT221 Unconfined Compressive Strength of Cohesive Soil $ 150.00 Each
T123 D2844 CT301 R-Value, Untreated Material (3 Points) $ 300.00 Each T124 D2844 CT301 R-Value, Treated Material $ 325.00 Each T125 D4791 CT235 Flat and Elongated Particles $ 230.00 Each T126 D3744 CT229 Durability Index (fine and coarse) in Aggregate $ 250.00 Each T127 D3744 CT229 Durability Index (fine or coarse) in Aggregate $ 160.00 Each T128 C142 Clay Lumps and Friable Particles in Aggregate $ 150.00 Each Tuesday, August 06, 2024 Reg CC MTG, Page *145
Effective: March 2023-February 2026 Geo-Advantec, Inc. Page A3 of A6 Master Fee Schedule
SOIL AND AGGREGATE
CLASSIFICATION & PHYSICAL CHARACTERISITICS
ID ASTM CTM
T129 C40 CT213 Organic Impurities in Fine Aggregates for Concrete $ 70.00 Each T130 D5821 CT205 Percentage of Crushed Particles $ 180.00 Each T131 C131 CT211 Los Angeles Rattler Test, (Abrasion up to 1- $ 250.00 Each T132 C535 CT211 Los Angeles Rattler Test, (Abrasion Large-up to 2- $ 290.00 Each T133 C88 CT214 Sodium/Magnesium Sulfate Soundness of
Aggregate, 5-cycles $ 340.00 Each
T134 CT216 Relative Compaction of Soils & Aggregates using California Impact Apparatus $ 210.00 Each
T135 CT227 Cleanness Value of Coarse Aggregate $ 190.00 Each T136 D558 Moisture-Density Relations of Soil-Cement
Mixtures $ 160.00 Each
T137 D1633-A Compressive Strength of Molded Soil-Cement Cylinders using 4 in. Mold $ 55.00 Each
T138 D4546 One-Dimensional Swell or Collapse of Soils $ 120.00 Each T139
Shelby Tube Cutting, Remolding or Trimming
Specimens for testing $ 30.00 Each
T140 D1883 California Bearing Ratio, Maximum Density test separate charge $ 600.00 Each
T141 D2435 Consolidation (with time rate for 2 loads) $ 240.00 Each
CHEMICAL PROPERTIES OF SOILS
ID CTM
T190 CT643 Resistivity $ 75.00 Each
T191 CT643 pH $ 50.00 Each
T192 EPA 300.0 Sulfate Content $ 65.00 Each
T193 EPA 300.0 Chloride Content $ 65.00 Each
T194
CT643
EPA 300.0
EPA 300.0
Corrosivity Series $ 200.00 Each
CONCRETE
ID ASTM CTM
T201 C39 CT521 Compression Tests, 6x12 and/or 4x8 Cylinders, including Holds $ 35.00 Each
T202 C495 Compression, Lightweight Insulating Concrete $ 120.00 Each T203 C42, C39 Concrete Cores Compression Test (excludes sampling) $ 80.00 Each
T204 C42 Drilling Cores from Shotcrete Panel (Lab) $ 110.00 Each T205 C109 C515 Compression, Cube Specimen $ 55.00 Each
T206 C496 Splitting Tensile Strength Cylinder $ 130.00 Each T207 C78 CT523 Flexural Strength Test Beam) $ 135.00 Each T208 C157 Drying Shrinkage (Set of 3 bars, 4 readings, up to 90-days) $ 460.00 Each set
T209 C39 Unit Weight of Concrete Cylinders $ 50.00 Each T210 Review Existing Mix Design $ 100.00 Each
T211 Drilling Cores from Shotcrete Panel (Field) $ 200.00 Each Tuesday, August 06, 2024 Reg CC MTG, Page *146
Effective: March 2023-February 2026 Geo-Advantec, Inc. Page A4 of A6 Master Fee Schedule
MATERIALS TESTING
ID ASTM CTM UBC
T301 D2216 7-6 Fireproofing Density Test $ 50.00 Each
T302 Mechanically Spliced Reinforcing Tensile Test up
to size No.11 $ 300.00 Each
T303 A416 Pre-Stress Still Strand (7 wire) $ 350.00 Each T304 A615, A706 Reinforcing Tensile or Bend Up to No.8 $ 65.00 Each T305 A615, A706 Reinforcing Tensile or Bend No.9 to 11 $ 90.00 Each T306 A615, A706 Reinforcing Tensile or Bend No.11 to 14 $ 205.00 Each T307 N/A Welding Procedure Review $ 100.00 Each
T308 F606 Anchor Bolts, Studs, or Threaded Rods Tensile Test under 100,000 lbf $ 200.00 Each
T309 F606, F3125 Bolt A325 or A490 Wedge Tensile and Hardness $ 130.00 Each
T310 F606, F3125 Bolt A325 or A490 Wedge Tensile up to 1- in diameter, and Hardness $ 195.00 Each
T311 F606, F3125 Bolt A325 or A490 Wedge Tensile up to 1- in diameter, and Hardness $ 200.00 Each
T312 F606, F3125 Bolt A325 or A490 Wedge Tensile up to 1- in diameter, and Hardness $ 215.00 Each
T313 F606, F3125 Bolt A325 or A490 Wedge Tensile up to 1- in diameter, and Hardness $ 240.00 Each
T314 F606, A194 Nut - Hardness and Proof Load under 100,000 lbf $ 55.00 Each T315 F606, A194 Nut- Hardness and Proof Load Test 100,000- 120,000 lbf $ 65.00 Each
T316 F436 Washer- Hardness $ 40.00 Each
HOT MIX ASPHALT TESTING
ID ASTM CTM
T401 D1561 CT304 Laboratory Test Maximum Density (LTMD), Hveem $ 280.00 Each T402 D1560 CT304,
CT366 Stabilometer Value $ 330.00 Each
T403 CT305 Stability - Swell $ Quote Each
T404 CT308 Specific Gravity & Density of Core $ 80.00 Each T405 D2041 CT309 Theoretical Maximum Specific Gravity & Density (Rice) $ 200.00 Each
T406 CT370 Moisture Content by Microwave Oven $ 60.00 Each T407 D5444 CT202 Sieve Analysis of Extracted Aggregate Sample $ 150.00 Each T408 C136 CT202 Sieve Analysis of Bin Aggregate Sample, each $ 60.00 Each T409 C136 CT202 Sieve Analysis of Combined Aggregate Sample $ 200.00 Each T410 D6307 CT382 Asphalt Content by Ignition Oven (Bitumen Content) $ 200.00 Each
T411 D6307 CT382 Asphalt Content by Ignition Oven (Correction Factor) $ 300.00 Each
T412 D1188 CT308 Unit Weight Coated, Molded Specimen or Cores $ 80.00 Each T413 D2726,
D6926
Compacted Maximum Density MARSHALL $ 220.00 Each
T414 D2172 Extraction, % Asphalt (Reflux) including wash and solvent charge $ 390.00 Each
T415 D2216 CT226 Emulsion Moisture Content by Oven $ 50.00 Each T416 AASHTO T59 CT331 Residue by Evaporation $ 200.00 Each T417 D3910
Wet Track Abrasion Test (WTAT) $ 170.00 Each
Tuesday, August 06, 2024 Reg CC MTG, Page *147
Effective: March 2023-February 2026 Geo-Advantec, Inc. Page A5 of A6 Master Fee Schedule
MASONRY TESTING
ID ASTM UBC
T501 C140 Compression Test of CMU Block (gross) $ 65.00 Each T502 C140 Absorption & Moisture Content $ 60.00 Each
T503 C426 Linear Shrinkage $ 205.00 Each
T504 C140 Unit Weight $ 70.00 Each
T505 C140 Dimensional Measurements $ 50.00 Each
T506 C140 Compression Test of Masonry Core $ 80.00 Each T507 C39, C780 21-16 Compression Test of x Mortar Cylinder $ 45.00 Each T508 C1314 21-17 Compression Test of Composite Prism $ 200.00 Each T509 C1019 21-18 Compression Test of x 6" Grout $ 85.00 Each T510 CBC 2105A.4 Shear on Masonry Cores, 2 Faces, or Cores $ 150.00 Each T511
Saw Cutting Coupons, or trimming from Masonry
Unit $ 40.00 Each
T512 GPR Scanning for Reinforcement $ 200.00 Each
T513 Masonry Wall Coring $ 200.00 Each
T514 Masonry Wall Coring above 5 feet from floor $ 300.00 Each
MINIMUM CHARGES FOR CONSTRUCTION PHASE INSPECTIONS
All technicians and inspectors are based on a minimum of four (4) hours. Over four hours shall be real time for soils technicians and a minimum of eight (8) hours for materials inspectors. If an inspector or technician is scheduled to perform a service and no work is performed, two (2) hours for soils technicians and four (4) hour charge for material inspectors will apply and referred to as a show-up charge.
TRAVEL & MILEAGE
No travel time and mileage costs for engineering staff and materials/special inspection personnel. Per the regulations of Department of Industrial Relations (DIR-Public Works Manual 2016), for soils technicians performing construction inspection and testing carrying a nuclear gauge device travel time will be charged at
For regular/non-prevailing jobs, a round-trip mileage cost equal to $0.75 per mile, calculated from GAI's office to the project site, will be charged.
The travel time and mileage fee may be subject to change per the negotiation with the client and written approval.
SCHEDULING & CANCELLATIONS
A 24-hour notice is required when scheduling an inspection or technician. For same day scheduling and for after 3:00 pm the preceding day, the inspector/technician will be deployed to the site if a technician is available.
PREVAILING WAGE
Our rates will increase proportionally every July 1 in accordance with the wage listed by the Department of Industrial Relations which is tied to Operating Engineers Local 12 documented annual increases plus corresponding changes in our general administration and overhead expenses. These adjustments shall become agreed upon basis for charges by GAI to Client.
LABORATORY TESTING
A sample pick-up charge of 2-hour minimum with an hourly rate of $75 will be billed in addition to the prices quoted.
laboratory prior to testing. If Client requires samples be retrieved after testing or stored at laboratory for an extended duration of time, arrangements can be made at no additional cost to the client.
Tuesday, August 06, 2024 Reg CC MTG, Page *148
Effective: March 2023-February 2026 Geo-Advantec, Inc. Page A6 of A6 Master Fee Schedule
TERMS OF PAYMENT
Invoices shall be deemed delinquent if not paid within thirty (30) days from date of invoice and will be subject to an additional charge of 1.5% of the unpaid balance for each month of delay. GAI reserves the right to terminate its services to Client without notice if all invoices are not paid currently. In case of service termination, the entire amount accrued for all services performed shall immediately become due and payable. Client waives any, and all claims against GAI, its subsidiaries, affiliates, servants, and agents, for termination of work pursuant to this paragraph.
Tuesday, August 06, 2024 Reg CC MTG, Page *149
Category Rate Schedule
June 2023 June 2026
Category Function Hourly Rate
Labor Compliance Analyst I / Jobsite Interviewer $90.00 Labor Compliance Analyst II $100.00
Senior Compliance Analyst $115.00
Labor Compliance Manager $145.00
Terms and Conditions
1.0 1.1
1.2 1.3
1.4 Personnel Charges
Personnel time charges for
professional services and direct
project clerical and administrative
support activities will be invoiced
according to the applicable Category
Rate.
All time is rounded to the nearest
one-half hour.
The Category Rate Schedule is
revised annually.
Personnel time charges for travel
within the Continental United States
are invoiced at the applicable
Category Rate.
2.0 Travel and Living Expenses
2.1 Travel expenses for transportation (including
mileage reimbursement) and lodging expenses
will be charged at actual cost.
2.2 Meals and incidental expenses will be charged
at a pre-determined daily rate (based on
location).
3.0 Other Charges
3.1 All project related expenses including
materials, subcontractor costs, fees, deposits,
tolls, and applicable federal, state, county, city
taxes and surcharges and other costs incurred
specifically for the project will be invoiced at
actual cost.
4.0 Invoicing and Terms of Payment
4.1 Invoices will be submitted monthly. Payment
for services is due upon net thirty (30) days
from receipt.
Tuesday, August 06, 2024 Reg CC MTG, Page *150
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
248th 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
Phase II
Phase III
Phase IV
Phase I
Tuesday, August 06, 2024 Reg CC MTG, Page *151
1 TO: City Council
FROM: Andrew Vialpando, City Manager
PREPARED BY: Lina Hernandez, Interim Public Works Director MEETING DATE: August 6, 2024
SUBJECT: Authorize a Change Order to Perform Design Analysis and Waive the Bidding Process for Construction for Emergency Repair of a Segment of Lomita Boulevard
RECOMMENDATION
Authorize a change order to perform design analysis and waive the bidding process for emergency repair of a segment of Lomita Boulevard for an amount not to exceed $200,000 and appropriate the funds in Prop C Fund 220.
BACKGROUND
The City of Lomita owns and maintains approximately 33 centerline miles of roadways with approximately 5,826,000 square feet of pavement. The roadways include arterial/collector streets, local streets, and alleys.
Recently, it has come to the attention of City staff that a 300 foot long segment of pavement surface on westbound Lomita Boulevard at Lucille Avenue is exhibiting excessive deformation, or rutting, resulting in a 2-inch-deep settlement in the pavement.
This is likely a result of compaction or mix design problems as this stretch of Lomita Boulevard was most recently repaved in 2013.
DISCUSSION
Due to the potential safety concerns, this segment is in need of urgent repair.
The scope of the work proposed includes the following:
• Perform design analysis to understand the causes of this settlement and to redesign this segment of Lomita Boulevard
CITY OF LOMITA
CITY COUNCIL REPORT
Item No. 7h
Tuesday, August 06, 2024 Reg CC MTG, Page *152
2 • Demolition and reconstruction of this segment of Lomita Boulevard accordingly On November 2, 2021, the City entered into a Professional Services Agreement with Onward Engineering for the design of the 247th Street Area Water Main Replacement Project. For cost saving and efficiency purposes, staff recommends that the design analysis for the Lomita Boulevard Repair be performed by Onward Engineering as a change order to their contract.
Additionally, the City expects to enter into an agreement with a pavement contractor for the First Phase of Zone G Street Reconstruction Project whose bid opening date is set for Augst 8, 2024. Similarly, for cost saving and efficiency purposes City staff recommends that construction work for the Lomita Boulevard Repair be performed by selected contractor as a change order to their contract.
Therefore, City staff recommends executing change orders to perform to carry out the repair of a segment of Lomita Boulevard in an amount not to exceed $200,000. This abovementioned work will be performed as a change order to both contracts however the cost for will be paid separately.
FISCAL IMPACT
Appropriate $200,000 from the Prop C Fund 220 available balance, an account code will be assigned after City Council approval.
1. Provide staff with further direction.
2. Approve the attached resolutions as recommended.
ATTACHMENTS
Reviewed by: Approved by:
_______________________ ______________________
Gary Y. Sugano Andrew Vialpando
Assistant City Manager City Manager
Tuesday, August 06, 2024 Reg CC MTG, Page *153
3 Prepared by:
__________________________
Lina Hernandez
Interim Public Works Director
Tuesday, August 06, 2024 Reg CC MTG, Page *154
Tuesday, August 06, 2024 Reg CC MTG, Page *155
Tuesday, August 06, 2024 Reg CC MTG, Page *156
Tuesday, August 06, 2024 Reg CC MTG, Page *157
Tuesday, August 06, 2024 Reg CC MTG, Page *158
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
248th 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
Tuesday, August 06, 2024 Reg CC MTG, Page *159
1 TO: City Council
FROM: Andrew Vialpando, City Manager
PREPARED BY: Lina Hernandez, Interim Public Works Director MEETING DATE: August 6, 2024
SUBJECT: Request to Waive the Bidding Process and Authorize Stephen Doreck Equipment Rentals to Complete Emergency Work at Alta Vista Ave.
RECOMMENDATION
Waive the bidding process and authorize Stephen Doreck Equipment Rentals to replace the water pipe at Alta Vista Ave. for an amount not to exceed $150,000 and appropriate Funds in the amount of $150,000 from the Water Capital Fund.
BACKGROUND
The City of Lomita owns and operates a State-regulated water system consisting of 41 miles of underground conveyance piping ranging from 2-inches to 16-inches in diameter with approximately 797 valves, 470 hydrants, and 55 flushing points. Approximately 70% of the City’s water distribution system was constructed between 1928 and 1970.
A 600-ft long section of 4-inch water pipe on Alta Vista Avenue stretching from 263rd Street to the City limit was installed in 1928. Due to the small diameter of the pipe that no longer serves the growing water demand of the population, the pipe has frequently become blocked and is providing inadequate service to the residents. Staff attended frequent repairs of those overflowing of this pipe. Subsequently, the work to replace this pipe is considered urgent to mitigate future water supply issues.
DISCUSSION
The proposed work includes the following:
• Replace the existing 4-inch cast iron pipe with a new 6-inch PVC pipe.
CITY OF LOMITA
CITY COUNCIL REPORT
Item No. 7i
Tuesday, August 06, 2024 Reg CC MTG, Page *160
2 • Install new 1-inch water services lines to the adjacent properties • Replace the 4” fire hydrant with a new 6” fire hydrant assembly On May 7, 2024, the City entered into an agreement with Stephen Doreck Equipment Rentals for construction of the 247th Street Area Water Main Replacement Project. Staff recommends that the City Council waive the bidding requirements to address this emergency work and authorize Doreck Equipment Rentals to replace the existing pipe at Alta Vista Avenue as a cost saving measure and for efficiency purposes.
The work will be performed as a change order to Agreement 2024-18 between the City and Stephen Doreck Equipment Rentals for an amount not to exceed $150,000. The repair costs will be paid separately from the City’s Water Fund.
FISCAL IMPACT
Appropriate $150,000 from the Water Capital Fund available balance, and a line item account will be assigned after City Council approval.
OPTIONS
1. Approve staff’s recommendation.
2. Provide alternative direction.
ATTACHMENTS
1. Map
2. Change Order Estimate
Reviewed by: Approved by:
_______________________ ______________________
Gary Y. Sugano Andrew Vialpando
Assistant City Manager City Manager
Prepared by:
__________________________
Lina Hernandez
Interim Public Works Director
Tuesday, August 06, 2024 Reg CC MTG, Page *161
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 Av
M
e
oon Ave
Crenshaw Blvd
Alta Vista Ave
252nd St
Doria Ave
Glentree Dr
247th Pl
Fairview Ave
Dawn St
Turrell St
Lucil el Ave
Reed Dr
Bland Pl
Market Pl
Guyson St
Hillworth Ave
Lomita Park Pl
Allbrook St
Kel el y Ave
CallisonSt
ChapmanSt
Alliene Ave
Nordman St
Steed Ct Saddel Vei w Rd
Cad zi 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
ViaTampa
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
248th St
253rd Pl
257th St
262nd St
Woodward Ave
252nd St
259th St
Via Marquette
MonteVistaAve
Lomita Dr
258thPl
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
Mon et er y C ri
Hillview Ln
Danmar Ct
Ober Ave
Becknel Ave
252nd St
Bani Ave
Appian Way
254th St 254th St
Forrester Dr
Tuesday, August 06, 2024 Reg CC MTG, Page *162
DATE: July 1 2024
CONTRACTOR: Doreck Rental Equipment Inc DAYS REQUESTED: 30 CONTRACT CHANGE ORDER: 1
PROJECT NO.: W-357
PROJECT DESCRIPTION: 247th Street Area Water Main Replacement Item
No.
Quantity Unit Unit Price Amount
1 550 EA $ 262.00 $ 144,100.00
To be replaced with 6" PVC
2 8 EA $ 2,380.00 $ 19,040.00
3 Install 6" Fire Hydrant Assembly 1 EA $ 14,715.00 $ 14,715.00 SUB TOTAL THIS CO $ 177,855.00
CURRENT CONTRACT AMOUNT $ 1,245,740.00
TOTAL CHANGE TO CONTRACT PRICE $ 177,855.00
REVISED CONTRACT TOTAL $ 1,423,595.00
Signature Date:
Signature Date:
Signature Date:
Alta Vista Ave Pipe Replacement - Emergency Repair
CITY OF LOMITA
PUBLIC WORKS DEPARTMENT
The changes or interpretations described and noted herein are hereby authorized. The signed original of this order is on file at the office of the Public Works Director/City Engineer.
You are hereby directed to make the herein-described changes to the plans and specifications. Note: This change order is not effective until approved by Owner, or until an authorized Field Order is executed.
Description
existing pipe is 4" diameter cast iron at 40" deep and 600 ft long Install 1" water service lines
This change order constitues full and complete compensation for all labor, equipment, materials, overhead, pro-it, any and all indirect costs, and time adjustment to perform, the above-described changes. All other costs are non-compensable.
Pablo Viramontes
Doreck Construction Manager
Frederic Aboujaoude, P.E
Principal Engineer
Lina Hernandez
Interim Public Works Director
Tuesday, August 06, 2024 Reg CC MTG, Page *163
D.I.R. No. 1000011335 Exp. 06/30/26
To: City of Lomita C.O.R. No.: 2024-03-01
24300 Narbonne Avenue Date: 06/28/24
Lomita, CA 90717 Additional Days Requested: 30
Attention: Frederic Aboujaoude
Location: Alta Vista Avenue and Pine Knoll Avenue
Scope: Water Main Installation
Bid Item # Item Descriptions Qty Unit Per Unit Total
Line Item 1 Install 6" PVC Water Main 550 LF 262.00 144,100.00 $ Line Item 2 Install 1" Water Services 8 EA 2,380.00 19,040.00 $ Line Item 3 Install 6" Fire Hydrant Assembly 1 EA 14,715.00 14,715.00 $ Line Item 4 - - $
Line Item 5 - - $
Line Item 6 - - $
Line Item 7 - - $
Line Item 47 - - $
Line Item 48 - - $
Line Item 49 - - $
Line Item 50 - - $
$ 177,855.00
Stephen Doreck Equipment Rentals, Inc.: City of Lomita
Pablo Viramontes Customer Approval:________________________________ Pablo Viramontes - Estimator
UNION CONTRACTOR ***********CERTIFIED SMALL BUSINESS
Doreck Construction
General Contractor Lic # A665471
9075 Telegraph Road
Pico Rivera, CA 90660
TEL (562) 949-4949 - FAX (562) 261-5038 -Cell (562) 733-8821 CHANGE ORDER REQUEST (C.O.R.)
Description
PLEASE CALL TO CONFIRM YOU HAVE RECEIVED THIS PROPOSAL
THANK YOU
Total Amount
Contractor Approval:
Tuesday, August 06, 2024 Reg CC MTG, Page *164
1 TO: City Council
FROM: Andrew Vialpando, City Manager
PREPARED BY: Lina Hernandez, Interim Public Works Director MEETING DATE: August 6, 2024
SUBJECT: Award a Public Works Agreement to Rojas Construction for the Sidewalk Repair Program Project
RECOMMENDATION
Award a Public Works agreement to Rojas Construction for the Sidewalk Repair Program Project; approve in the amount of $128,870, with a 15% contingency for unforeseen conditions in the amount of $19,330, for a total contract amount not to exceed $148,200; and authorize the City Manager to execute the agreement.
BACKGROUND
Staff conducted an extensive survey in 2023 to inspect the condition of sidewalks throughout the City. A total of 27 locations were identified as in need of repair and replacement. In some cases, repair of the sidewalk also requires repair or modification of the driveway aprons to conform with the City of Lomita Municipal Code Sec. 11-1.66.07 (C).
The purpose of this project to maintain a safe pedestrian walkway for residents and visitors alike as part of the City of Lomita’s commitment to expanding pedestrian transportation safety.
DISCUSSION
City staff sent out letters on April 25, 2024, to the residents and property owners to provide notification and an opportunity to discuss any questions regarding this project by May 10, 2024. No calls nor concerns have been received as of the writing of this report.
CITY OF LOMITA
CITY COUNCIL REPORT
Item No. 7j
Tuesday, August 06, 2024 Reg CC MTG, Page *165
2 The project design and bid package were prepared by City staff and advertised on June 3, 2024. Seven bids were received and opened by the City Clerk on July 18, 2024.
Staff reviewed the contractors’ proposals by evaluating their experience, credentials, and bid amount. Staff tabulated the bid results as summarized below:
CONTRACTOR BID TOTAL
Rojas Construction $128,870.20
TVR Construction Engineering $139,912.00
CJ Concrete Construction, Inc $148,162.00
Gentry General Engineering, Inc $182,206.00
FS Contractors, Inc $188,097.00
FBD Vanguard Construction, Inc $203,647.00
We R Builders, Inc $214,914.00
Rojas Construction was determined to be the lowest responsible bidder. Staff recommends awarding a contract to Rojas Construction, in the amount of $128,870.20.
Staff also recommends authorizing a 15% contingency for unforeseen conditions, for a total contract amount of $148,200.00.
Construction is anticipated to begin in September 2024 and the contract provides for 50 working days. Construction management will be handled by City staff.
FISCAL IMPACT
The project is included in the FY 2024-25 budget and is funded through the street fund.
OPTIONS
1. Approve the attached agreement.
2. Provide staff with further direction.
ATTACHMENTS
1. PSA with Rojas Construction
Reviewed by: Approved by:
Tuesday, August 06, 2024 Reg CC MTG, Page *166
3 _______________________ ______________________
Gary Y. Sugano Andrew Vialpando
Assistant City Manager City Manager
Prepared by:
________________________
Lina Hernandez
Interim Public Works Director
Tuesday, August 06, 2024 Reg CC MTG, Page *167
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CITY OF LOMITA
PUBLIC WORKS AGREEMENT
This Public Works Agreement (“Agreement”) is made and entered into as of the date executed by the City Manager and attested to by the City Clerk, by and between Rojas Construction (hereinafter referred to as "CONTRACTOR") and the City of Lomita, California, a municipal corporation (hereinafter referred to as "CITY").
R E C I T A L S
A. Pursuant to the Notice Inviting Sealed Bids for SIDEWALK REPAIR PROGRAM Project, bids were received, publicly opened, and declared on the date specified in the notice.
B. On Aug 6
th, 2024, Lomita’s City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR.
C. The City Council has authorized the City Manager to execute a written contract with CONTRACTOR for furnishing labor, equipment, and material for the SIDEWALK REPAIR PROGRAM Project in the City of Lomita.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed:
1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Sidewalk Repair Program Project in the City of Lomita. The work shall be performed in accordance with the Plans and Specifications dated February 23, 2024 (the “Specifications” attached as Exhibit A) and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal (attached as Exhibit B) and in accordance with the instructions of the City Engineer.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY:
The contract documents for the aforesaid project, a complete set of which is on file with the Lomita City Clerk’s Office, shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Builders General Provisions, Standard Specifications, Special Provisions, and all referenced specifications, details, standard drawings, and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, amending, Tuesday, August 06, 2024 Reg CC MTG, Page *168
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or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement, the Builders General Provisions and the Standard Specifications, in that order, shall control. Collectively, these contract documents constitute the complete agreement between CITY and CONTRACTOR and supersede any previous agreements or understandings.
3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 50 working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay CITY as liquidated damages, not as a penalty, the sum of $1000.00 per day for each and every day of unauthorized delay beyond the completion date, which amount shall be deducted from any payments due or to become due the CONTRACTOR.
5. PREVAILING WAGES:
Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws.
In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site.
CITY directs CONTRACTOR’s attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor.
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Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:
When employment around coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or
When the number of apprentices in training in the area exceeds a ratio of one to five, or
When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.
CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprentice able trade on such contracts and if other contractors on the public works site are making such contributions.
CONTRACTOR and any subcontractor must comply with Labor Code §§ 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.
CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost.
6. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and CONTRACTOR and any subcontractor under it shall comply with and be governed by the laws of the State of California having to do with working hours Tuesday, August 06, 2024 Reg CC MTG, Page *170
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set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.
CONTRACTOR shall forfeit, as a penalty to CITY, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any subcontractor under it, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code.
7. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this Agreement as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.
8. CONTRACTOR'S LIABILITY: The City of Lomita and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever.
CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of any Indemnitee. In connection therewith:
a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith.
b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom.
c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees.
Tuesday, August 06, 2024 Reg CC MTG, Page *171
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CONTRACTOR'S obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by CITY may be retained by CITY until disposition has been made of such actions or claims for damages as aforesaid.
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.
This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.
This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees.
THE CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.
9. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of this Agreement. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any third-party claim.
10. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, certifies as follows: "I am aware of the provisions of Section 3700 of the 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 I will comply with such provisions before commencing the performance of the work of this contract.
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11. INSURANCE: With respect to performance of work under this contract, CONTRACTOR shall maintain and shall require all of its subcontractors to maintain insurance as required in the Builders General Provisions.
12. ASSIGNMENT: This Agreement is not assignable nor the performance of neither party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect.
13. INDEPENDENT CONTRACTOR: THE CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY.
14. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date.
15. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession.
CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession. CONTRACTOR shall maintain a City of Lomita business license, if required under CITY ordinance.
16. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for three years after the expiration of this Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours.
17. SEVERABILITY. If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect provided that it does not frustrate the mutual intent of the parties herein.
18. WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either oral or written, between the parties and contains all of the Tuesday, August 06, 2024 Reg CC MTG, Page *173
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covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements, or promise not contained in this Agreement shall not be valid or binding. Any modification of this Agreement will be effective only if signed by the party to be charged.
19. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. This Agreement may be modified by written amendment. CITY’s City Manager may execute any such amendment on CITY’s behalf.
20. NOTICES: All notices permitted or required under this Agreement shall be in writing and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose.
Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. 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.
CITY OF LOMITA, CA
24300 Narbonne Avenue, Lomita, CA 90717
Attention: Andrew Vialpando, City Manager
CONTRACTOR:
Rojas Construction
3539 S Carolina Ave, San Pedro CA 90731
Attention: Marco Rojas
21. DISPUTES. Disputes arising from this Agreement will be determined in accordance with the contract documents and Public Contracts Code §§ 10240- 10240.13.
22. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of race, religion, color, medical condition, sex, sexual orientation, national origin, political affiliation or opinion, or pregnancy or pregnancy-related condition. A violation of this Tuesday, August 06, 2024 Reg CC MTG, Page *174
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section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735.
23. NO THIRD PARTY BENEFICIARY. This Agreement and every provision herein is for the exclusive benefit of the Contractor and the 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 the City’s obligations under this Contract.
24. TIME IS OF ESSENCE. Time is of the essence for every provision of the Contract Documents.
25. 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.
26. GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Agreement will be in Los Angeles County.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures.
State of California
CONTRACTOR’S License No. 927532
CONTRACTOR:
Rojas Construction
3539 S Carolina Ave San Pedro, CA 90731
By:
DATE
CONTRACTOR’S Business Phone 310-987-0727
Emergency Phone at which CONTRACTOR can be reached at any time:
CITY OF LOMITA, CALIFORNIA
DATE
By:
Andrew Vialpando, CITY MANAGER
ATTEST:
DATE
By:
Kathleen Horn Gregory, CITY CLERK
APPROVED AS TO FORM:
DATE
By:
Trevor Rusin, CITY ATTORNEY
Attachments:
Exhibit A: Notice to Bid Package
Exhibit B: Contractor’s Bid Proposal
Tuesday, August 06, 2024 Reg CC MTG, Page *176
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CITY OF LOMITA
CONSTRUCTION OR SERVICE CONTRACT ENDORSEMENT
To be attached to and made a part of all policies ensuring the liability of any person, form or corporation performing services under contract for the City of Lomita.
Notwithstanding any inconsistent expression in the policy to which this endorsement is attached, or in any other endorsement now or hereafter attached thereto, or made a part thereof, the protection afforded by said policy shall:
1. Include the City of Lomita as an additional insured. (To include the elected officials, appointed officials, and employees.)
2. Indemnify and save harmless the City of Lomita against all claims resulting from the undertaking specified in the contract known as:
PROPOSAL, SPECIFICATIONS, BOND, AND AFFIDAVIT
FOR
SIDEWALK REPAIR PROGRAM
This holds harmless assumption on the part of the underwriters shall include all costs of investigation and defense, including claims based on damage to substructures not shown, not located on the plans, or shown incorrectly.
3. Not to be cancelled except by notice to the City Attorney of the City of Lomita at least thirty (30) days prior to the date of cancellation.
4. Provide single limit for Bodily Injury Liability and Property Damage Liability combined, $3,000,000 each Occurrence, and $5,000,000 Aggregate.
5. Limited classifications, restricting endorsements, exclusions or other special provisions contained in the policy shall not act to limit the benefits of coverage as they shall apply to the City of Lomita as enumerated in this endorsement.
However, nothing contained herein shall affect any rights of the insurer against the insured.
6. It is further expressly agreed by and between the parties hereto that the following two provisions, (a) and (b), are a part of this contract:
(a) That the CONTRACTOR specifically agrees to comply with applicable provisions of Section 1777.5 of the Labor Code relating to the employment by contractor or subcontractor under it, of journeyman or apprentices, or workmen, in any apprentice able craft or trade.
(b) By my signature hereunder, as CONTRACTOR, I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that code, Tuesday, August 06, 2024 Reg CC MTG, Page *177
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and I will comply with such provisions before commencing the performance of the work of this contract.
The limits of liability as stated in this endorsement apply to the insurance afforded by this endorsement notwithstanding that the policy may have lower limits of liability applying elsewhere in the policy.
Duly Authorized Agent
Attached to and forming part of
Policy No.:
of the:
Date:
Expiration Date:
Tuesday, August 06, 2024 Reg CC MTG, Page *178
CITY OF LOMITA
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
SIDEWALK REPAIR PROGRAM
BIDS Due
July 18, 2024
01:00 P.M.
Exhibit A
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TABLE OF CONTENTS
SECTION A-NOTICE INVITING BIDS (A)
NOTICE INVITING BIDS...……………………………………………………... A-2
SECTION B-INSTRUCTIONS TO BIDDERS (B)
I. QUALIFICATION OF BIDDERS ……..………………………………..……..B-2
II. BIDDER’S RESPONSIBILITY ……………………………………………….B-3
III. ADDENDA TO CONTRACT DOCUMENT ………...……………………... B-3 IV. PREPARATION OF THE BID ………………..……………………………. B-4
V. BID BOND ……………………………………………………………………..B-5
VI. NON-RESPONSIVE BIDS AND REJECTION ………...………………….B-5 VII. AWARD OF CONTRACT …………………………………………………. B-5
VIII. EXECUTION OF CONTRACT …………………………………………….B-5
IX. APPRENTICESHIP EMPLOYMENT STANDARDS ……………………. B-6
X. PERMIT, LICENSE AND PUBLIC WORKS AGREEMENT …………..... B-6 XI. INSURANCE ………………………………………………………………… B-6
XII. PRE-BID INQUIRIES ……………………………………………………… B-6
XIII. LABOR CODE – SB 854 …………………………………………………. B-6
XIV. PREVAILING WAGE ……………………………………………………. B-6
XV. GUIDELINES DURING GENERIC PANDEMIC………………………….B-7
XVI. CONFROMANCE WITH CITY OF LOMITA NOISE ORDINANCE…….B-7 XVII. NOTIFICATION OF RESIDENTS OF START OF WORK……………..B-7
SECTION C-BID DOCUMENTS
BIDDERS PROPOSAL …………………………………………………….…… C-2
CONTRACTOR’S AFFIDAVIT ……………………………………………….…C-7
BID BOND (10%) ………………………………….……………………………. C-9
LIST OF SUBCONTRACTORS ……………………………………………….. C-10
CONSTRUCTION PROJECT REFERENCES………………………….……. C-11
VIOLATIONS OF FEDERAL, STATE OR LOCAL LAWS ……..……….…... C-12 DISQUALIFICATION OR DEBARMENT …………………………..…….…... C-13
SECTION D – DOCUMENTS TO BE COMPLETED AND DELIVERED TO CITY
AFTER AWARD OF CONTRACT
PUBLIC WORKS AGREEMENT ................................................................. D-2 CONSTRUCTION OR SERVICE CONTRACT ENDORSEMENT .............. D-11 PERFORMANCE BOND ............................................................................. D-13 LABOR AND MATERIAL BOND ……………………………………............... D-15 WORKERS' COMPENSATION INSURANCE CERTIFICATION..................D-18 SECTION E – PROJECT SPECIFICATIONS
SECTION F – CITY OF LOMITA STANDARD PLANS
Tuesday, August 06, 2024 Reg CC MTG, Page *180
APPENDIX I – CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING
SUMMARY
APPENDIX II – PHOTOS AND LOCATIONS OF WORK
APPENDIX III – DEMOLITION SCOPE OF WORK
APPENDIX IV – RESTORATION SCOPE OF WORK
APPENDIX V – CITY OF LOMITA TRASH COLLECTION SCHEDULE
APPENDIX VI – CITY OF LOMITA STREET SWEEIPING SCHEDULE
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A-1
SECTION A
NOTICE INVITING BIDS
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A-2
CITY OF LOMITA, CALIFORNIA
NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the City of Lomita, County of Los Angeles, California (hereinafter “City”) will receive sealed bids at the Office of the City Clerk, City Hall, 24300 Narbonne Avenue, Lomita CA 90717, until 1:00 PM on July 18, 2024, at which time all bids will be publicly opened and read in the City Council Chambers at the above address for:
SIDEWALK REPAIR PROGRAM
The City of Lomita has conducted a survey of various sidewalk locations and has identified 27 sites for restoration. The work includes demolition and reconstruction of sidewalks, approaches, driveways, curb, and gutters. The scope of work for demolition as well as restoration is outlined in Appendices II, III and IV.
The Contractor shall perform all work required for such construction in accordance with the contract documents and subject to the terms and conditions of the contract, complete and ready for use.
Each bid must be submitted in writing on a bid proposal furnished by the City. Bids must conform and be responsive to all contract documents. All bids must be sealed and must be plainly marked in the lower left-hand corner “SIDEWALK REPAIR PROGRAM.” Documents may be downloaded and printed from the City’s website at no charge at:
https://lomitacity.com/current-bids-rfps/
Prospective bidders who only view and/or print the plans and specifications from the City’s website will not automatically be added to the City’s plan holder list for this project unless they send an email at [email protected], and [email protected] and provide the firm’s name, address, telephone and contact person with a valid email address. This will ensure that the prospective bidder is listed as a “Plan Holder” and will be informed of any addenda and all information issued after obtaining the official form of proposal.
Addenda will be posted on the City website, but it shall be the bidder’s responsibility to inquire for any addenda/updates to this Notice Inviting Bid prior to submitting their bid.
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Each proposal must be accompanied by a cash deposit, a certified cashier's check, or a bidder's bond, made payable to the City of Lomita, in an amount not less than 10% of the total bid submitted.
The successful bidder will be required to furnish a faithful performance bond in the amount of 100% of the contract price, and a payment bond in the amount of 100% of the contract price, both in a form satisfactory to the City Attorney. The successful bidder will also be required to pay the State of California prevailing wage scale as determined by the Department of Industrial Relations, available at http://www.dir.ca.gov/PublicWorks/PublicWorks.html.
The City reserves the right to reject any or all bids and to waive any informality or irregularity in any bid received and to be the sole judge of the merits of the respective bids received. The award, if made, will be made to the lowest responsible bidder. plans and specifications will be available for review at City Hall.
The contractor shall possess a valid State of California Contractors License, Class C-8.
All work shall be completed within 50 working days from the date of the Notice to Proceed (NTP).
All questions regarding this bid must be submitted in writing on or before 1:00 PM on June 27, 2024 via email at: [email protected] and [email protected].
Kathleen Horn Gregory, MMC
City Clerk
Published in Daily Breeze on June 10, 2024, and June 27, 2024 Tuesday, August 06, 2024 Reg CC MTG, Page *184
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SECTION B
INSTRUCTIONS TO BIDDERS
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B-2
INSTRUCTIONS TO BIDDERS
I. QUALIFICATION OF BIDDERS
1. Competency of Bidders
The Bidder shall be thoroughly competent and capable of satisfactorily performing the Work covered by the Bid. As specified in the Bid Documents, the Bidder shall furnish statements of previous experience on similar work. When requested, the Bidder shall also furnish the plan of procedure proposed; the organization, machinery, and other equipment available for the Work; evidence of its financial condition and resources; and any other such documentation as may be required by the City to determine if the Bidder is responsible.
2. Contractor's License
At the time of submitting the Bid, the Bidder shall be licensed as a contractor in accordance with the provisions of Chapter 9, Division 3, of the California Business and Professions Code. The required prime contractor license for this project is a Class C-8 Contractor’s license. However, the City reserves the right to award the Contract to a contractor with another class if the City determines that the license is proper for the work.
3. Contractor Registration Requirements
SB 854 amended the Labor Code to require all contractors bidding on public work to register with the Department of Industrial Relations (DIR) and to pay an annual fee. The registration requires contractors to provide the State with evidence of the contractors' compliance with several statutory requirements. The registration requirement took effect on July 1, 2014.
4. Bidder’s Submittal and Contract Award Prohibited
Under California Labor Code section 1771.1, as amended by SB 854, unless registered with the DIR, a contractor may not bid, nor be listed as a subcontractor, for any bid proposal submitted for public work on or after March 1, 2015. Similarly, a public entity cannot award a public work contract to a non-registered contractor, effective April 1, 2015. Also refer to Section 5-3.1 of the Special Provisions.
5. Bidder Qualifications
Bidder Qualifications called for to be submitted at the time of bid include, but are not necessarily limited to:
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a. The Contractor shall have been in business under the same name and California Contractor’s License for a minimum of 10 continuous years prior to the bid opening date for this project. The license used to satisfy this requirement shall be of the same type as required by the contract. b. The Contractor shall provide a minimum of 3 references for similar projects which have been successfully completed in the State of California during the past 5 years.
c. The Contractor or the Subcontractor performing the construction for similar projects shall have a minimum of 5 years’ experience under the same name and California Contractor’s License.
d. The Contractor shall perform above 50% of the contract with its own forces. e. The Contractor shall apply for a City of Lomita business license details of which can be found in the link below:
https://lomitaca.portal.opengov.com/categories/1091
II. BIDDER RESPONSIBILITY
A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as ability, fitness, capacity, and experience to satisfactorily perform the work.
Bidders are notified that, in accordance with the Lomita Municipal Code, the City Council may determine whether the Bidder is responsible based on a review of the Bidder's performance on other contracts.
If, based on the provisions and criteria set forth in the Lomita Municipal Code, the Public Works Director proposes not to recommend the award of contract to the apparent low bidder, the Director shall notify the Bidder in writing of its intention to recommend to the City Council that the Council award the contract to the 2nd lowest responsible bidder. If the Bidder presents evidence in rebuttal to the recommendation, the Director shall evaluate the merits of such evidence, and based on that evaluation, make a recommendation to the City Council.
III. ADDENDA TO THE CONTRACT DOCUMENTS
The City may issue Addenda to the Contract Documents during the period of advertising for any reason. The Bidder shall acknowledge the receipt of the Addenda in their Bid. The failure of the Bidder to do so may result in the rejection of the Bid as non-responsive.
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Addenda will be posted on the City website, but it shall be the bidder’s responsibility to inquire for any addenda/updates to this Notice Inviting Bid prior to submitting their bid.
IV. PREPARATION OF THE BID
1. Examination of Documents
Prior to submitting a Bid, the Bidder shall examine the Plans and the Work site, carefully read the documents, and satisfy itself that it has the abilities and resources to complete the Work. The Bidder agrees that if it is awarded the Contract, no claim will be made against the City based on ignorance or misunderstanding of the provisions of the Contract Documents, the nature and amount of the work, and the physical and climatic conditions of the work site.
The Contractor shall have included in the contract price a sufficient sum to cover all items, including labor, materials, tools, equipment, and incidentals, that are implied or required for the complete improvements as contemplated by the contract documents.
2. Estimated Quantities
The quantities shown in the Bid are approximate only. The Contractor will be paid for the actual quantities of work based on field measurements as provided for in these Specifications. The City reserves the right to increase or decrease the amount of any item or portion of work to be performed or materials furnished, or to delete any item, in accordance with the contract documents.
3. Bid Instructions and Submissions
The Bid shall be submitted on the Bid Proposal forms included with the contract documents. All Bid Documents must be completed, executed, and submitted with the Bid by the Bidder.
Required seven (7) Bid Proposal Documents:
1) Bidder's Proposal
2) Contractor's Affidavit
3) Bid Bond (10%)
4) List of Subcontractors
5) Construction Project References
6) Violations of Federal or State Law
7) Disqualification or Debarment
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All prices submitted will be considered as including all sales or use taxes.
The Bid Proposal must be completed in ink or in typewritten form. The bid sum and all bid amounts on the form must be stated in words and numerals; in case of a conflict, words will take precedence.
In the case of discrepancy between unit bid price and total bid, the unit price shall prevail.
V. BID BOND
Each bid shall be accompanied by Bidder's Security in an amount equal to ten (10) percent of the bid amount, which security shall be lawful money of the United States of America and in one of the following forms: (i) cashier's check made payable to the City of Lomita, (ii) certified check made payable to the City of Lomita, or (iii bid bond executed by an admitted surety insurer and made payable to the City of Lomita. The City Bid Bond form must be used.
VI. NON-RESPONSIVE BIDS AND BID REJECTION
1. A Bid in which anyone (1) of the required seven (7) Bid proposal documents are not completed, executed, and submitted may be considered nonresponsive and be rejected.
2. A Bid in which the Contract Unit Prices are unbalanced, which is incomplete, or which shows alteration of form or irregularities of any kind, or which contains any additions or conditional or alternate Bids that are not called for, may be considered non-responsive and be rejected.
VII. AWARD OF CONTRACT
In accordance with the Lomita Municipal Code, the City Council reserves the right to reject all bids received, to take all bids under advisement for a period not-toexceed ninety (90) days after date of opening thereof, to waive any informality or irregularity in the Bid, and to be the sole judge of the merits of material included in the respective bids received.
VIII. EXECUTION OF CONTRACT
After the Contract is awarded, the awardee shall execute the following eight (8) documents:
1) Contract - Public Works Agreement
2) Construction or Service Contract Endorsement
3) Performance Bond (100% of Bid price)
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B-6
4) Labor and Material Bond (100% of Bid price)
5) Workers' Compensation Insurance Certificate
6) Verification of Insurance Coverage (Certificates and Endorsements) 7) Construction Permit Application Form
8) Business License Application Form
IX. APPRENTICESHIP EMPLOYMENT STANDARDS
The Contractor is directed to the provisions in Sections 1776, 1777.5 and 1777.6 of the California Labor Code concerning the employment of apprentices by the contractor or any subcontractor under them.
X. PERMITS, LICENSES AND PUBLIC WORKS AGREEMENT
The Contractor shall procure and execute all permits, licenses, pay all charges and fees, and give all notices necessary and incidental to the completion of the Work. The Contractor shall carry out a Public Works Agreement. A no fee Excavation Permit will be issued by the City of Lomita for this project. The Contractor shall obtain a City of Lomita Business License.
XI. INSURANCE
The Contractor shall maintain Automobile Liability, General Liability and Workers' Compensation Insurance as specified in the Public Works Agreement included in the Project Specifications.
XII. PRE-BID INQUIRIES
A Bidder with a Pre-Bid Inquiry must e-mail their question(s) on or before 1:00 PM on June 27, 2024, via email at [email protected] and [email protected].
Questions received after this date may not be considered.
XIII. LABOR CODE – SB 854
The bidder shall be registered with the Department of Industrial Relations (DIR) in accordance with the provisions of Section 1771.1 of the California Labor Code, as amended by SB 854. No public work contract may be awarded to a non-registered contractor or subcontractor after April 15, 2015.
XIV. PREVAILING WAGE
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available from the Tuesday, August 06, 2024 Reg CC MTG, Page *190
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California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov/DLSR/PWD
XV. GUIDELINES DURING PANDEMICS
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 any possible health pandemics. 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 any pandemic conditions that may be announced including social distancing, and best practices. 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 any possible health pandemics.
XVI. CONFROMANCE WITH CITY OF LOMITA NOISE ORDINANCE
The contractor shall abide by the noise regulations outlined in the City of Lomita Municipal Code (LMC). Section 4-4.04 of the LMC makes it unlawful to produce a noise within a residential area that exceeds 65 dBA in the daytime (7:00 AM to 9:00 PM) or 55 dBA in the nighttime (9:00 PM – 7:00 AM).
XVII. NOTIFICATION OF RESIDENTS OF START OF WORK
At least 5 business days before the start of work, the Contractor shall post written notifications at the doors of all households and apartments around the vicinity of the location of the sidewalk being repaired. Contractor to facilitate access for residents.
Tuesday, August 06, 2024 Reg CC MTG, Page *191
C-1
SECTION C
BID DOCUMENTS
(TO BE SUBMITTED WITH BID PACKAGE)
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C-2
BIDDER’S PROPOSAL
SIDEWALK REPAIR PROGRAM
Company: _____________________________________________________ Honorable Mayor and Members
of the Lomita City Council
Lomita, California
In accordance with the Notice Inviting Bids pertaining to the receiving of sealed proposals by the City Clerk of the City of Lomita for the above titled improvement, the undersigned hereby proposes to furnish all Work to be performed in accordance with the Plans, Specifications, Standard Drawings, and the Contract Documents, for the unit price or lump sum set forth in the following schedule.
The undersigned hereby acknowledges that he/she has examined the copies of the plans, specifications and all Contract Documents for this project and is fully aware of scope of the work.
The undersigned also acknowledges that he/she has examined the project site and locality where the work is to be performed and the legal requirements and conditions affecting the cost, progress, and performance of the work in strict accordance with the Contract Documents.
The undersigned also acknowledges that timely completion o f t h e p r o j e c t is important to the City. Therefore, time being of the essence, he/she proposes that the work commenced and will be completed within the time specified in the Notice Inviting Bids.
Specification or Items not indicated on Bid Form: The Contractor is to accommodate those portions of the work required by the specifications or contract documents, whose method of payment is not included in other bid items elsewhere.
In addition, bid items costs associated with bonds, insurance, traffic control, labor, equipment, materials, overhead, profits, all other indirect costs shall be considered full compensation for each bid item.
All work shall be completed within 50 working days from the date the notice to proceed is issued by the Engineer.
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PROJECT BID ITEMS
Item
No. Item Description Qty. Unit Unit Price Total Bid
1 Mobilization and Demobilization 1 LS $ $
2 Demolition of
6" thick driveway approach 1,233 SF $ $
3 Demolition of
6" thick sidewalk 1,056 SF $ $
4 Demolition of
4" thick sidewalk 2,760 SF $ $
5 Demolition of
Curb and Gutter 81 LF $ $
6 Construction of
6" thick driveway approach 1,233 SF $ $
7 Construction of
6" thick sidewalk 1,056 SF $ $
8 Construction of
4" thick sidewalk 2,760 SF $ $
9 Construction of
Curb and Gutter 81 LF $ $
TOTAL BID (Items 1 through 9) $
TOTAL BID:
(Figures)
(Words)
*BID MAY BE REJECTED IF TOTAL IS NOT SHOWN IN FIGURES AND WORDS.
The undersigned furthermore agrees to enter and execute a contract, with necessary bonds, at the unit prices set forth herein and in case of default in executing such contract, with necessary bonds, the check or bond accompanying this bid and the money payable thereon shall be forfeited thereby to and remain the property of the City of Lomita.
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C-4
The above unit prices include all work appurtenant to the various items as outlined in the Specifications and all work or expense required for the satisfactory completion of said items. In case of discrepancies between unit prices and totals, the unit prices shall govern.
The undersigned declares that it has carefully examined the Plans, Specifications, and Contract Documents, and has investigated the site of the work and is familiar with the conditions thereon.
Contractor ______________________________
Date: _______________________ By:
Contractor’s State License No.: ___________Class______ Exp. Date:
Contractor’s Address: _________________________________________________ Phone: _______________________
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C-5
CONTRACTOR'S AFFIDAVIT
STATE OF CALIFORNIA }
}
COUNTY OF _____________}
___________________________________________________, being first duly sworn, deposes and says:
1. That he is the ____________________________________________________ Title
of
(Name of Partnership, Corporation, or Sole Proprietorship) hereinafter called "Contractor," who has submitted to the City of Lomita a proposal for:
SIDEWALK REPAIR PROGRAM.
2. That said proposal is genuine; that the same is not sham; that all statement of facts therein are true.
3. That such proposal was not made in the interest or behalf of any person, partnership, company, association, organization or corporation not named or disclosed.
4. That the Contractor did not, directly or indirectly, induce, solicit or agree with anyone else to submit a false or sham bid, to refrain from bidding, or to withdraw the bid, to raise or fix the bid price of the Contractor or anyone else, or to raise or fix any overhead, profit or cost element of the Contractor's price or the price of anyone else; and did not attempt to induce action prejudicial to the interest of the City of Lomita, or of any other bidder, or anyone else interested in the proposed contract;
5. That the Contractor has not in any manner sought by collusion to secure for itself an advantage over any other bidder or to induce action prejudicial to the interests of the City of Lomita, or of any other bidder or of anyone else interested in the proposed contract.
6. That the Contractor has not accepted any bid from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the Contractor from considering any bid from any subcontractor or materialman, which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository;
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7. That the Contractor did not, directly or indirectly, submit the Contractor's bid price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of Individuals, except to the City of Lomita, or to any person or persons who have a partnership or other financial interest with said Contractor in its business.
Dated this _________ day of __________________________, 2024 Subscribed and Sworn to ________________________
Contractor
________________________
Title
before me this _________ day of _____________________, 2024. _________________________________
Notary Public in and for said.
County and State.
(Seal)
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C-7
BID BOND (10%)
KNOW ALL MEN BY THESE PRESENTS: That we,
__________________________________________________________________ as principal, and ________________________________
as sureties, are held and firmly bound unto the City of Lomita, State of California, in the penal sum of ________________________ dollars ($______________), for the payment whereof we hereby bind ourselves, our successors, heirs, executors or administrators jointly and severally, firmly by these presents.
The condition of this obligation is such that, whereas the above bounded principal is about to file with and submit to the City of Lomita a bid or proposal for the performance of certain work as required in the City of Lomita, said work being: SIDEWALK REPAIR PROGRAM in compliance with the Specifications therefor under an invitation of said City contained in a notice or advertisement for bids or proposals; now if the bid or proposal of the said principal shall be accepted and if the said work be thereupon awarded to the principal by said City and if the said principal shall enter into a contract with the said City in accordance with said bid or proposal, or if the bid or proposal of the said principal is rejected, then this bond shall be void and of no effect and otherwise in full force and effect.
WITNESS our hands this ______ day of _______________, 20___. ______________________________
Principal
______________________________
Surety/Attorney-in-Fact
______________________________
Signature
Name:
Local Address:
Phone No.:
Fax No.:
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LIST OF SUBCONTRACTORS
SIDEWALK REPAIR PROGRAM
The Bidder is required to fill in the following blanks in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Chapter 2 of Division 5, Title 1 of the Government Code of the State of California) and should familiarize itself with Section 2-3 of the Standard Specifications.
Name Under Which Subcontractor is Licensed:________________________________ License Number: ___________
Address of Office, Mill or Shop: ____________________________________________ Specific Description of Sub-Contract:________________________________________ Name Under Which Subcontractor is Licensed:________________________________ License Number: ___________
Address of Office, Mill or Shop: ____________________________________________ Specific Description of Sub-Contract:________________________________________ Name Under Which Subcontractor is Licensed:________________________________ License Number: ___________
Address of Office, Mill or Shop: ____________________________________________ Specific Description of Sub-Contract:________________________________________ Name Under Which Subcontractor is Licensed:________________________________ License Number: ___________
Address of Office, Mill or Shop: ____________________________________________ Specific Description of Sub-Contract:________________________________________ Subcontractors listed in accordance with the provisions of Section 2-3 must be properly licensed under the laws of the State of California for the type of work which they are to perform. Do not list alternate subcontractors for the same work.
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CONSTRUCTION PROJECT REFERENCE
(Work similar in magnitude and degree of difficulty completed by Contractor within the past three [3] years.)
1. Name (Firm/Agency): _____________________________________________ Address: ________________________________________________________ Contact Person:___________ Email and Number: ________________________ Title of Project: ___________________________________________________ Project Location: __________________________________________________ Date of Completion: Contract Amount: $ ____________
2. Name (Firm/Agency): _____________________________________________ Address: ________________________________________________________ Contact Person:___________ Email and Number: ________________________ Title of Project: ___________________________________________________ Project Location: __________________________________________________ Date of Completion: Contract Amount: $ ____________
3. Name (Firm/Agency): _____________________________________________ Address: ________________________________________________________ Contact Person:___________ Email and Number: ________________________ Title of Project: ___________________________________________________ Project Location: __________________________________________________ Date of Completion: Contract Amount: $ ____________
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VIOLATIONS OF FEDERAL, STATE OR LOCAL LAWS
1. Has your firm or its officers been assessed any penalties by an agency for noncompliance or violations of Federal, State or Local labor laws and/or business or licensing regulations within the past five (5) years relating to your construction projects?
Yes/No: ____________________Federal/State:____________________ If “yes,” identify and describe, (including agency and status):
Have the penalties been paid? Yes/No:
2. Does your firm or its officers have any ongoing investigations by any public agency regarding violations of the State Labor Code, California Business and Professions Code or State Licensing Laws?
Yes/No: ______ Code/Laws: ____________ Section/Article: _______________ If “yes,” identify and describe, (including agency and status):
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C-11
DISQUALIFICATION OR DEBARMENT
Has your firm, any officer of your firm, or any employee who has a proprietary interest in your firm ever been disqualified, removed, or otherwise prevented from bidding on, performing work on, or completing a federal, state or local project because of a violation of law or a safety regulation? Yes/No: _______________. If yes, provide the following information (if more than once, use separate sheets):
Date: _______________ Entity:
Location:
Reason:
Provide Status and any Supplemental Statement:
Has your firm been reinstated by this entity? Yes/No:
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D-1
SECTION D
CONTRACT DOCUMENTS
TO BE SUBMITTED
WITHIN TWENTY ONE (21) CALENDAR DAYS
AFTER AWARD OF CONTRACT
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D-2
CITY OF LOMITA
PUBLIC WORKS AGREEMENT
CITY OF LOMITA
PUBLIC WORKS AGREEMENT
This Public Works Agreement (“Agreement”) is made and entered into as of the date executed by the City Manager and attested to by the City Clerk, by and between (hereinafter referred to as "CONTRACTOR") and the City of Lomita, California, a municipal corporation (hereinafter referred to as "CITY").
R E C I T A L S
A. Pursuant to the Notice Inviting Sealed Bids for
______________________________, bids were received, publicly opened, and declared on the date specified in the notice.
B. On ______, Lomita’s City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR.
C. The City Council has authorized the City Manager to execute a written contract with CONTRACTOR for furnishing labor, equipment, and material for the ____________________________ Project in the City of Lomita.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed:
1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the __________________ _________________________________________________Project in the City of Lomita. The work shall be performed in accordance with the Plans and Specifications dated February 9th, 2024 (the “Specifications” attached as Exhibit A) and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal (attached as Exhibit B) and in accordance with the instructions of the City Engineer.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY:
The contract documents for the aforesaid project, a complete set of which is on file with the Lomita City Clerk’s Office, shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Builders General Provisions, Standard Specifications, Special Provisions, and all referenced specifications, details, standard drawings, and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, amending, Tuesday, August 06, 2024 Reg CC MTG, Page *204
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or extending the work contemplated as may be required to insure its completion in an acceptable manner. All the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement, the Builders General Provisions, and the Standard Specifications, in that order, shall control. Collectively, these contract documents constitute the complete agreement between CITY and CONTRACTOR and supersede any previous agreements or understandings.
3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 50 working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay CITY as liquidated damages, not as a penalty, the sum of $1000.00 per day for each day of unauthorized delay beyond the completion date, which amount shall be deducted from any payments due or to become due the CONTRACTOR.
5. PREVAILING WAGES:
Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws.
In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site.
CITY directs CONTRACTOR’s attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor.
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Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:
When employment around coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or
When the number of apprentices in training in the area exceeds a ratio of one to five, or
When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all his contracts on an annual average of not less than one apprentice to eight journeymen.
CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprentice able trade on such contracts and if other contractors on the public works site are making such contributions.
CONTRACTOR and any subcontractor must comply with Labor Code §§ 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.
CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost.
6. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and CONTRACTOR and any subcontractor under it shall comply with and be governed by the laws of the State of California having to do with working hours Tuesday, August 06, 2024 Reg CC MTG, Page *206
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set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.
CONTRACTOR shall forfeit, as a penalty to CITY, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any subcontractor under it, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code.
7. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this Agreement as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.
8. CONTRACTOR'S LIABILITY: The City of Lomita and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever.
CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of any Indemnitee. In connection therewith:
a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations, or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith.
b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom.
c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation, or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees.
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CONTRACTOR'S obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by CITY may be retained by CITY until disposition has been made of such actions or claims for damages as aforesaid.
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.
This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.
This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees.
THE CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.
9. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of this Agreement. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any third-party claim.
10. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, certifies as follows: "I am aware of the provisions of Section 3700 of the 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 I will comply with such provisions before commencing the performance of the work of this contract.
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11. INSURANCE: With respect to performance of work under this contract, CONTRACTOR shall maintain and shall require all of its subcontractors to maintain insurance as required in the Builders General Provisions.
12. ASSIGNMENT: This Agreement is not assignable nor the performance of neither party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect.
13. INDEPENDENT CONTRACTOR: THE CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY.
14. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes, and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date.
15. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession.
CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession. CONTRACTOR shall maintain a City of Lomita business license, if required under CITY ordinance.
16. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for three years after the expiration of this Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours.
17. SEVERABILITY. If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect provided that it does not frustrate the mutual intent of the parties herein.
18. WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either oral or written, between the parties and contains all of the Tuesday, August 06, 2024 Reg CC MTG, Page *209
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covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements, or promise not contained in this Agreement shall not be valid or binding. Any modification of this Agreement will be effective only if signed by the party to be charged.
19. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. This Agreement may be modified by written amendment. The CITY’s City Manager may execute any such amendment on CITY’s behalf.
20. NOTICES: All notices permitted or required under this Agreement shall be in writing and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose.
Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. 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.
21. DISPUTES. Disputes arising from this Agreement will be determined in accordance with the contract documents and Public Contracts Code §§ 10240- 10240.13.
22. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of race, religion, color, medical condition, sex, sexual orientation, national origin, political affiliation or opinion, or pregnancy or pregnancy-related condition. A violation of this
CITY OF LOMITA, CA
24300 Narbonne Avenue, Lomita, CA 90717
Attention:
CONTRACTOR:
______________________
________________________________
Attention:
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section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735.
23. NO THIRD PARTY BENEFICIARY. This Agreement and every provision herein is for the exclusive benefit of the Contractor and the 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 the City’s obligations under this Contract.
24. TIME IS OF ESSENCE. Time is of the essence for every provision of the Contract Documents.
25. 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.
26. GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Agreement will be in Los Angeles County.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures.
State of California
CONTRACTOR’S License No.
CONTRACTOR
By:
DATE
CONTRACTOR’S Business Phone
Emergency Phone at which CONTRACTOR can be reached at any time:
CITY OF LOMITA, CALIFORNIA
By:
DATE _______, CITY MANAGER
ATTEST:
By:
DATE Kathleen Horn Gregory, CITY CLERK
APPROVED AS TO FORM:
By:
DATE Trevor Rusin, CITY ATTORNEY
Attachments: Exhibit A: Contractor’s Bid Proposal
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CITY OF LOMITA
CONSTRUCTION OR SERVICE CONTRACT ENDORSEMENT
To be attached to and made a part of all policies ensuring the liability of any person, form or corporation performing services under contract for the City of Lomita.
Notwithstanding any inconsistent expression in the policy to which this endorsement is attached, or in any other endorsement now or hereafter attached thereto, or made a part thereof, the protection afforded by said policy shall:
1. Include the City of Lomita as an additional insured. (To include the elected officials, appointed officials, and employees.)
2. Indemnify and save harmless the City of Lomita against all claims resulting from the undertaking specified in the contract known as:
PROPOSAL, SPECIFICATIONS, BOND, AND AFFIDAVIT
FOR
SIDEWALK REPAIR PROGRAM
This holds harmless assumption on the part of the underwriters shall include all costs of investigation and defense, including claims based on damage to substructures not shown, not located on the plans, or shown incorrectly.
3. Not to be cancelled except by notice to the City Attorney of the City of Lomita at least thirty (30) days prior to the date of cancellation.
4. Provide single limit for Bodily Injury Liability and Property Damage Liability combined, $3,000,000 each Occurrence, and $5,000,000 Aggregate.
5. Limited classifications, restricting endorsements, exclusions or other special provisions contained in the policy shall not act to limit the benefits of coverage as they shall apply to the City of Lomita as enumerated in this endorsement.
However, nothing contained herein shall affect any rights of the insurer against the insured.
6. It is further expressly agreed by and between the parties hereto that the following two provisions, (a) and (b), are a part of this contract:
(a) That the CONTRACTOR specifically agrees to comply with applicable provisions of Section 1777.5 of the Labor Code relating to the employment by contractor or subcontractor under it, of journeyman or apprentices, or workmen, in any apprentice able craft or trade.
(b) By my signature hereunder, as CONTRACTOR, I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that code, Tuesday, August 06, 2024 Reg CC MTG, Page *213
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and I will comply with such provisions before commencing the performance of the work of this contract.
The limits of liability as stated in this endorsement apply to the insurance afforded by this endorsement notwithstanding that the policy may have lower limits of liability applying elsewhere in the policy.
______________________________
Duly Authorized Agent
Attached to and forming part of
Policy No.: _______________
of the: ___________________
Date: ____________________
Expiration Date: ___________
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PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, as Principal(s) and
a corporation, incorporated, organized, and existing under the laws of the State of _____________, and authorized to execute bonds and undertakings and to do a general surety business in the State of California, as Surety, are jointly and severally held and firmly bound unto the City of Lomita, a municipal corporation, located in the County of Los Angeles, State of California, in the full and just sum of:
______________________________________________________________ Dollars ($__________________), lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves and our respective heirs, executors, administrators, representative, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that: WHEREAS, said Principal(s) have/has entered into, or are/is about to enter into, a certain written contract or agreement, dated as of the ______ day of ____________, 20____, with the said City of Lomita for the SIDEWALK REPAIR PROGRAM ll as is more specifically set forth in said contract or agreement, a full, true and correct copy of which is hereunto attached, and hereby referred to and by this reference incorporated herein and made a part hereof;
NOW, THEREFORE, if the said Principal(s) shall faithfully and well and truly do, perform and complete, or cause to be done, performed and complete, each and all of the covenants, terms, conditions, requirements, obligations, acts and things, to be met, done or performed by said Principal(s), including any guarantee period as set forth in, or required by, said contract or agreement, all at and within the time or times, and in the manner as therein specified and contemplated, then this bond and obligation shall be null and void; otherwise it shall be and remain in full force, virtue and effect.
The said Surety, for value received, hereby stipulates and agrees that no amendment, change, extension of time, alteration or addition to said contract or agreement, or of any feature or item or items of performance required therein or thereunder, shall in any manner affect its obligations on or under this bond; and said Surety does hereby waive notice of any such amendment, change, extension of time, alteration, or addition to said contract or agreement, and of any feature or item or items of performance required therein or thereunder.
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PERFORMANCE BOND (CONTINUED)
In the event any suit, action or proceedings is instituted to recover on this bond or obligation, said Surety will pay, and does hereby agree to pay, as attorney's fees for said City, such sum as the Court in any such suit, action or proceeding may adjudge reasonable.
EXECUTED, SEALED AND DATED this _________ day of _____________, 20____.
CORPORATE SEAL PRINCIPAL(S):
BY _____________________________
BY _____________________________
CORPORATE SEAL SURETY:
BY _____________________________
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LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, ________________________________________________ as Principal(s) and ____________________________________________ a corporation, incorporated, organized, and existing under the laws of the State of ______________, and authorized to execute bonds and undertakings and to do a general surety business in the State of California, as Surety, are jointly and severally held and firmly bound unto:
(a) The State of California for the use and benefit of the State Treasurer, as exofficio Treasurer and custodian of the Unemployment Fund of said State; and (b) The City of Lomita, California; and
(c) Any and all persons who do or perform or who did or performed work or labor upon or in connection with the work or improvement referred to in the contract or agreement hereinafter mentioned; and
(d) Any and all materialmen, persons, companies, firms, association, or corporations, supplying or furnishing any materials, provisions, provender, transportation, appliances or power, or other supplies used in, upon, for or about or in connection with the performance of the work or improvement contracted to be executed, done, made or performed under said contract or agreement; and (e) Any and all persons, companies, firms, associations, or corporations furnishing, renting, or hiring teams, equipment, implements or machinery for, in connection with, or contributing to, said work to be done or improvement to be made under said contract or agreement; and
(f) Any and all persons, companies, firms, associations, or corporations who supply both work and materials;
and whose claim has not been paid by said Principal(s), in full and just sum of ______________________________________________________________ Dollars ($___________________), lawful money of the United States of America, for the payment of which will and truly to be made, said Principal(s) and said Surety do hereby bind themselves and their respective heirs, executors, administrators, representatives, successors and assigns, jointly and severally, firmly by these presents.
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LABOR AND MATERIAL BOND (CONTINUED)
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, THAT: WHEREAS, said Principal(s) have/has entered into or are/is about to enter into a certain written contract or agreement, dated as of the _______ day of __________________20 ___, with the City of Lomita for the SIDEWALK REPAIR PROGRAM all as is more specifically set forth in said contract or agreement, a full, true and correct copy of which is hereunto attached, and hereby referred to and by this reference incorporated herein and made a part hereof;
NOW, THEREFORE, if the said Principal(s) (or any of his/her, its, or their subcontractors) under said contract or agreement fails or fail to pay:
(1) For any materials, provisions, provender, transportation, appliances, or power, or other supplies; or
(2) For the hire of any teams, equipment, implements, or machinery; or (3) For any work or labor; supplies, furnished, provided, used, done or performed in, upon, for or about or in connection with the said work or improvement; or (4) For amounts due under the Unemployment Insurance Act of the State of California with respect to such work or improvement.
the Surety on this bond will pay the same in an amount not exceeding the sum hereinabove specified in this bond; and, also, in case suit is brought upon this bond, said Surety will (and does hereby agree to) pay a reasonable attorney's fee, to be fixed and taxed as costs, and included in the judgment therein rendered.
This bond shall (and it is hereby made to) insure to the benefit of any and all persons entitled to file claims under Section 1192.1 of the Code of Civil Procedure of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond, all as contemplated under the provisions of Section 4205 of the Government Code, and of Chapter 1 of Title 4 of Part 3 of the Code of Civil Procedure, of the State of California.
This bond is executed and filed in connection with said contract or agreement hereunto attached to comply with each and all the provisions of the laws of the State of California above mentioned or referred to, and of all amendments thereto, and the obligors so intend and do hereby bind themselves accordingly.
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LABOR AND MATERIAL BOND (CONTINUED)
The said Surety, for value received, hereby stipulates and agrees that no amendment, change, extension of time, alteration, or addition to said contract or agreement, or of any feature or item or items of performance required therein or thereunder, shall in any manner affect its obligations on or under this bond; and said Surety does hereby waive notice of any such amendment, change, extension of time, alteration, or addition to said contract or agreement, and of any feature or item or items of performance required therein or thereunder.
EXECUTED, SEALED AND DATED this ______ day of __________________, 20 ___ CORPORATE SEAL PRINCIPAL:
BY ______________________________
CORPORATE SEAL SURETY:
BY ______________________________
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WORKERS' COMPENSATION INSURANCE CERTIFICATION
SIDEWALK REPAIR PROGRAM,
In compliance with Section 7-4 of the Standard Specifications, the CONTRACTOR shall complete and submit the following certification with a Certificate of Insurance before execution of the contract.
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability for Workers' Compensation or to undertake selfinsurance before commencing any of the work.
DATED: _______________________
_____________________________
CONTRACTOR
By: _________________________
Signature
Title:_________________________
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SECTION E
PROJECT SPECIFICATIONS
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E-1
PART 1 - GENERAL PROVISIONS
SECTION 1 - GENERAL, TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE,
AND SYMBOLS
1-2 TERMS AND DEFINITIONS. [Add or redefine the following:] AGENCY – The City of Lomita, herein referred to as City.
BOARD – The City Council of the City of Lomita, herein referred to as City Council.
ENGINEER –The Public Works Director/City Engineer of the City of Lomita, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.
CLAIM -- A separate demand by the Contractor for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the Agency. 1-7 AWARD AND EXECUTION OF THE CONTRACT.
1-7.1 General. [Replace the entire sub-section with the following:] Within twenty-one (21) calendar days after the date of the City’s award of contract, the Contractor shall execute and return all Contract Documents required by the City. The City reserves the right to terminate the award if the above requirement is not met. Such termination will result in the forfeiture of the Proposal Guaranty.
Per Lomita Municipal Code the City of Lomita reserves the right to reject any and all proposals, to waive any informality or irregularity in such bids, and determine the lowest responsible bidder.
The Contract Agreement shall not be considered binding upon the City until executed by the authorized City officials.
1-7.2 Contract Bonds. [Add the following to the Standard Specifications:] The "Performance Bond" shall remain in effect for one year following the date specified in the Notice of Completion or, if no Notice of Completion is recorded, for one year following the date of final acceptance of the project by the City Council.
SECTION 2 - SCOPE OF THE WORK
2-1 WORK TO BE DONE. [Add the following to the Standard Specifications:] Tuesday, August 06, 2024 Reg CC MTG, Page *222
E-2
Scope of Work. The Work generally consists of furnishing all labor, materials, tools, equipment, and incidentals necessary to rehabilitate the pavement on various streets in Zone G and to upgrade designated curb ramps to current ADA Standards as specified in the Specifications and these Special Provisions, and as directed by the Engineer.
The Work also includes all necessary traffic control; preparing and updating construction schedules; posting signs for “NO PARKING” and arranging for towing of cars, if necessary; protecting all utility covers in place; and installing temporary pavement markers. 2-2 PERMITS. [Replace the subsection with the following:] The Contractor shall obtain a Business License and Encroachment Permit before commencing construction.
2-5.4 HAUL ROUTES.
Only designated truck routes shall be used for hauling materials away from the job site or delivering materials to the job site.
2-5.4.1 VEHICULAR ACCESS - When the Contractor begins excavation of a residential driveway, safe access shall be provided within 4 hours and not later than the end of the same workday in which excavation began.
The Contractor shall be responsible to provide at least 48-hour written notice to each affected property before closing or partially closing any driveway or pedestrian access.
At least three (3) days prior to starting work in any location or any street closure, the Contractor shall distribute written notices to all homeowners and residents within 100 feet of the project that will be impacted by the work. The written notices shall be reviewed and approved by the City before the Contractor sends them out. 1) The Contractor shall provide a minimum 1-inch-thick temporary asphalt surface for an access ramp or sidewalk if it is not able to install the permanent improvement within 5 working days following the removal of the existing material at any location.
The offset at any transverse or longitudinal joint shall not be more than one-half (1/2) inch. On the temporary asphalt surface: the running slope shall not exceed 1:20; the cross slope shall not exceed 1:50. The Contractor shall not be allowed any additional compensation for the installation and removal of temporary asphalt.
Should any change in these requirements be necessitated by extraordinary occurrences or requirements during the execution of the Work, the Contractor shall obtain prior written approval of the Engineer.
[Add the following subsections:]
2-5.4.2 TRAFFIC CONTROL PLAN - The Contractor shall prepare traffic control plans signed by a registered civil or traffic engineer in the State of California and submit them to the City for approval at or prior to the pre-construction meeting. The Contractor hereby understands and Tuesday, August 06, 2024 Reg CC MTG, Page *223
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agrees that failure to adhere to, or deviation from, the approved traffic control plans, without prior approval of the Engineer, shall constitute a breach of Contract.
Full compensation for complying with the submittal requirements, furnishing, placing and removing traffic control shall be on a lump sum basis per the Contract Unit Price. 2-5.4.3 TEMPORARY PAVEMENT MARKINGS - Temporary pavement markers/striping shall be provided by the Contractor prior to leaving the Work site. These temporary markings shall be as follows:
All temporary striping and signs shall be maintained, or replaced as necessary by the Contractor, until permanent striping is restored.
All costs associated with the above requirements shall be included in the Contract Lump Sum Price for Traffic Control.
2-5.4.4 TEMPORARY “NO PARKING" SIGNS - The Contractor is responsible for posting "Temporary No Parking" signs at least seventy-two (72) hours in advance of the first date of work and the required enforcement. If work is to begin on either a Monday or Tuesday, the Contractor shall post the signs on a Friday. Each sign must include text indicating the beginning and end dates and the hours in effect. "Tow-Away" and "No Parking" must be shown on each sign face. If it is required to temporarily restrict parking 24 hours/day, then "TowAway" and "No Parking Anytime" must be shown on each sign face. The signs shall be mounted on either 1” x 2” X 3’ high wood stakes, Type II barricades, or 39-inch-high delineators. Signs shall be spaced at approximately 100’ intervals on the effected side(s) of the street. Signs shall not be posted on trees, traffic signal poles, utility poles, streetlights, or any other street furniture.
Signs shall be professionally made of moisture-resistant, heavy-duty cardboard or other approved material. All signs shall be maintained by the Contractor and kept free of graffiti. Any sign that becomes illegible or is removed shall be replaced within twenty-four (24) hours. The Contractor shall only be permitted to restrict parking for the minimum time necessary to complete on-going work. The Contractor shall be responsible for removing and repost "Temporary No Parking" signs when work will be delayed for more than five (5) consecutive days, or if the work must go beyond the end date shown on the signs, or otherwise directed by the Engineer.
The Contractor shall obtain approval for the signs and the placement thereof from the Engineer. Immediately after this approval and posting, the Contractor shall notify Los Angeles County Sheriff Department – Lomita Station, (310) 539-1661 for review and enforcement. The parking restriction cannot be enforced until the signs have been in place 48 hours and the Police notified.
The Contractor shall maintain said signs through the day of work and shall remove all said signs on or within one (1) calendar day of the completion of work within the restricted parking area.
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Full compensation for furnishing, placing, maintaining, and removing temporary signs shall be considered as included in the Contract lump sum Price for Traffic Control. [Add the following subsections:]
2-5.4.5 STREET CLOSURES, DETOURS, BARRICADES
The Contractor shall conform to the requirements for street closures, detours, and barricades as stipulated in the Special Provisions. However, deviations from the requirements stipulated in the Special Provisions may be permitted upon written approval of the Public Works Director when such deviations are in the best interest of the City. [Replace the second paragraph of the Standard Specifications with the following:] The Contractor shall notify the Public Works Department at (310) 325-7110, at least ten (10) working days in advance of closing or partially closing any street and comply with their requirements. In addition, the Contractor shall notify the Los Angeles County Sheriff’s Department, (310) 539 -1661 and Los Angeles County Fire Department at (310) 326-2461 at least two (2) working days in advance of such closing.
[Add the following to the Standard Specifications:]
The Contractor shall install, maintain, and remove all temporary delineators, barricades, lights, warning signs and other devices necessary to control traffic as specified in the project plans, traffic control plans and these specifications. Materials for a temporary facility may be provided from new or used materials. If used materials are provided, they shall be sound, in good condition and otherwise meet the requirements of new materials. All traffic control devices shall be free of graffiti, and the Contractor shall be responsible to immediately clean and/or replace any device to the satisfaction of the Engineer.
Full compensation for furnishing, installing, maintaining, and removing the above traffic control devices shall be considered as included in the Contract Lump Sum for Traffic Control.
Where streets in which improvements are being constructed are specified hereinafter to be closed to through traffic, it shall be understood that such closures shall apply only to the portions of such streets where construction is in progress.
After award of the contract, the Contractor shall submit to the City its proposed schedule for closure based on the Traffic Control Plan and comply with the requirements specified herein.
This submittal shall be made sufficiently in advance (street closure schedules MUST be submitted ten (10) days prior to closing the affected street) of any rerouting or diversion of Tuesday, August 06, 2024 Reg CC MTG, Page *225
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traffic by the Contractor to allow for a review of the Contractor's proposed traffic control by the Public Works Director.
2-5.4.6 PROJECT CONSTRUCTION SIGNS AND PORTABLE CHANGEABLE MESSAGE SIGNS - The Contractor shall furnish and install signs at locations to be determined by the Engineer. The signs shall be in accordance with City of Lomita Standard Plan No. T503.
The Contractor shall furnish and install a maximum of (4) Portable Changeable Message signs (PCMS) per street section (one for each direction of travel) on the construction site for use during construction of the project and including two weeks prior to the start of construction.
Each PCMS shall be manufactured by Solar Tech and be model MB2 (contact BC Rentals at (714) 279-6868 for information). The Contractor shall install a locking device on each PCMS to prohibit access to the computer keyboard. The Contractor shall provide to the Engineer the key or combination to each locking device and the computer password to each PCMS OR possess any equipment, on any working day, to enter or modify a message for each PCMS as directed by the Engineer. Contractor shall relocate each PCMS as directed by Engineer at no additional cost to the City.
Full compensation for furnishing, installing, maintaining, and removing signs shall be on a lump sum basis as part of the Traffic Control Bid Item.
2-8 EXTRA WORK
[Add the following to the Standard Specifications:]
Payment for additional work and all expenditures more than the Contract Price must be authorized in writing by the Engineer. Such authorization shall be obtained by the Contractor prior to engaging in additional work. It shall be the Contractor's sole responsibility to obtain written approval from the Engineer for any change(s) in material or in the work proposed by suppliers or subcontractors. No payment shall be made to the Contractor for additional work which has not been approved in writing, and the Contractor hereby agrees that it shall have no right to additional compensation for any work not so authorized.
The Contractor shall be responsible for providing all data and to obtain all approvals required by the Specifications, including submittal of Daily Extra Work Reports. Disputed work claims shall comply with 2-8 as modified herein.
SECTION 3 – CONTROL OF THE WORK
3-7 CONTRACT DOCUMENTS.
3-7.1 General. [Add the following sentence to the first paragraph of the Standard Specifications to read as follows:]
The Contractor shall maintain and control one set of Plans and Specifications on the Work site.
All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show as-built conditions. Upon completion of the Tuesday, August 06, 2024 Reg CC MTG, Page *226
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Work, the Contractor shall submit the control set to the Engineer for approval. Final payment will not be made until this requirement is met.
[Add the following subsections of the Standard Specifications:] 3-7.1.1 Plans. Included as part of the Contract Documents are the following, which show the location, character, dimensions, or details of the Work:
1) Project Plans
The plans and data provided with the Contract Documents are based on existing plans and documents. The plans and data are provided for information only. The City does not guarantee their accuracy and correctness. If the Bidder in preparing the Bid Proposal uses this information, the Bidder assumes all risks resulting from conditions differing from the information shown. The Bidder, in consideration for the information being provided, hereby releases the City, from any responsibility of obligation as to the accuracy of such information or for any additional compensation for work performed due to assumptions based on the use of such information.
2) Standard Plans
a. City of Lomita Standard Plans, latest edition
b. Standard Plans for Public Works Construction, 2021 edition, promulgated by Public Works Standards, Inc.
c. Standard Plans of the State of California Department of Transportation (Caltrans), latest edition
3-7.1.2 Specifications. The Work shall be performed or executed in accordance with these Provisions and the following:
1) Standard Specifications for Public Works Construction, 2021 edition and supplements thereto, hereinafter referred to as the Greenbook, as written and promulgated by Public Works Standards, Inc. The Greenbook is published by BNi Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, Phone: (800) 873-6397.
2) Sections 84, 86 and 90 of the State of California Department of Transportation (Caltrans) Standard Specifications, latest edition.
3-7.2 Precedence of the Contract Documents. [Replace the entire subsection of the Standard Specifications with the following:]
If there is a conflict between any of the Contract Documents, the document highest in precedence shall control. The order of precedence shall be as follows:
1) Permits issued by other agencies.
2) Change Orders (including Plans and Specifications attached thereto). 3) Public Works Agreement
4) Addenda
5) Special Provisions
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6) General Provisions
7) Plans/ Appendices
8) City Standard Plans
9) Other Standard Plans
10)Greenbook
11)Reference Specifications
With reference to the Plans/Drawings, the order of precedence is as follows:
1) Change Order plans govern over Addenda and Contract plans. 2) Addenda plans govern over Contract plans.
3) Contract plans govern over standard plans.
4) Detail plans govern over general plans.
5) Figures govern over scaled dimensions.
Within the Specifications, the order of precedence is as follows:
1) Change Orders
2) Permits from other agencies/Supplemental Agreements
3) Special Provisions
4) Instruction to Bidders
5) Referenced Standard Plans
6) Referenced Standard Specifications
If the Contractor, in the course of the Work, becomes aware of any claimed errors or omissions in the Contract Documents or in the City's fieldwork, the Contractor shall immediately inform the Engineer. The Engineer shall promptly review the matter, and if the Engineer finds an error or omission has been made the Engineer shall determine the corrective actions and advise the Contractor accordingly. If the corrective work associated with an error or omission increases or decreases the amount of work called for in the Contract, the City shall issue an appropriate Change Order in accordance with subsection 2-8. After discovery of an error or omission by the Contractor, any related work performed by the Contractor shall be done at the Contractor's risk unless authorized by the Engineer.
-3-8 SUBMITTALS.
Submittals are required for the following:
• Construction Schedule
• Concrete Mix Designs
• Concrete Supplier Certification of Compliance
• Concrete Quality Control Tests
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All Contractor submittals shall be carefully reviewed against the contract documents by an authorized representative of the Contractor, prior to submittal to the Engineer. A letter shall be included with each submittal stating the contract documents have been reviewed and the submitted product is correct for the project application and in strict conformance with the contract documents. The letter affidavit must be dated and signed by both the Contractor and the product manufacturer or service provider. In the case of shop drawings, each sheet shall be dated and signed for approval. No consideration for review by the Engineer of any Contractor submittals will be made for any items which are not accompanied by affidavit by the Contractor. All submittals without an affidavit will be returned to the Contractor without action taken by the Engineer, and any delays caused thereby shall be the total responsibility of the Contractor.
The Engineer's review of Contractor submittals shall not relieve the Contractor of the entire responsibility for the correctness of details and dimensions. The Contractor shall assume all responsibility and risk for any misfits due to any errors in Contractor submittals. The Contractor shall be responsible for the dimensions and the design of adequate connections and details. 3-12 WORK SITE MAINTENANCE.
3-12.1 GENERAL. [Add the following to the Standard Specifications:] 3-12.1 Temporary Light, Power, and Water. The Contractor shall obtain a construction water meter from the City. An $800 deposit is required and refundable upon return of the meter in good working condition. The Contractor shall pay for the water used, at the City’s current water rates.
3-12.1.2 Graffiti Removal. The Contractor shall maintain the Work, all its equipment, and all traffic control devices, including signage, free of graffiti throughout the duration of the Contract.
The Contractor shall respond to any request from the Engineer to remove graffiti within 4 hours of notification. Should the Contractor fail to respond to such a request, the City reserves the right to make other arrangements for the requested graffiti removal and deduct the cost from any monies due the Contractor.
3-12.4 STORAGE OF EQUIPMENT AND MATERIALS.
3-12.4.2 STORAGE IN PUBLIC STREETS. [Add the following to the Standard Specifications:]
Contractor’s Storage Yard. The Contractor shall be responsible for obtaining a storage yard for the duration of the Work. If the proposed location of the yard is located within the boundaries of the City, the Contractor shall obtain prior approval from the Engineer.
Contractor’s equipment will not be allowed to park overnight on any City Street.
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3-13 COMPLETION, ACCEPTANCE AND WARRANTY. [Add the following to the Standard Specifications:]
It is the intent of the Specifications that only first-class materials and workmanship will be acceptable. The Contractor shall take all necessary measures to protect Work from damage and prevent accidents and vandalism during all phases of the work.
Until the final acceptance of the Work by the City, by written action of the Engineer, the Contractor shall have the charge and care thereof and will bear the risk of injury or damage to any part of the Work by the action of the elements, vandalism, or any other cause. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the Work occasioned by any cause before its completion and acceptance and will bear the expense thereof.
If, in the Engineer’s judgment, the Work has been completed and is ready for acceptance, the Engineer will so certify and will determine the date when the Work was completed. This will be the date when the Contractor is relieved from responsibility to protect the Work. The Engineer may cause a Notice of Completion to be filed and recorded with the Los Angeles County Recorder’s Office. At the Engineer’s option, the Engineer may certify acceptance to the City Council who may then cause a Notice of Completion to be filed and recorded with the Los Angeles County Recorder’s Office.
[Add the following subsection of the Standard Specifications:] 3-13.4 Manufacturer’s Warranties. Manufacturer's warranties shall not relieve the Contractor of liability under these Specifications. Such warranties only shall supplement the Contractor's responsibility.
SECTION 4 - CONTROL OF MATERIALS
4-1 GENERAL- [Add the following paragraph after the second paragraph of the Standard Specifications:]
The Contractor and all subcontractors, suppliers, and vendors shall guarantee that the entire Work will meet all requirements of this contract as to the quality of materials, equipment, and workmanship.
The Contractor, at no cost to the City, shall make any repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within one year after the date of recordation of the Notice of Completion.
Within this one-year period, the Contractor shall also restore to full compliance with the requirements of this contract any portion of the Work which is found to not meet those requirements. The Contractor shall hold the City harmless from claims of any kind arising from damages due to said defects or noncompliance.
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The security of this guarantee shall be in the form of a Maintenance Bond furnished to the City by the Contractor. There shall be specific wording in the Maintenance Bond, that includes the guarantee or warranty of the labor and materials for a one-year period, commencing from the recording date of the Notice of Completion by the County Recorder. The guaranteed amount shall be 100 percent of the total amount earned to date as indicated on the final progress payment. The City reserves the right to withhold the retention until the Maintenance Bond has been accepted by the City.
The Contractor shall make all repairs, replacements, and restorations covered by the Maintenance Bond within 10 working days after the date of the Engineer's written notice.
Failure to comply with such notice, will cause the City to file claim against the bond.
Excepted from the Maintenance Bond will be defects caused by acts of God, acts of the City, acts of vandals, or by acts of others outside or beyond the control of the Contractor.
If the work, or any portion thereof, shall be damaged in any way, or if any defective materials or faulty workmanship shall be discovered at any time prior to the final payment, the Contractor shall forthwith, at its own cost and expense, repair said damage, or replace such defective materials, or remedy such faulty workmanship in a manner satisfactory to the Engineer. 4-2 PROTECTION. [Add the following to the Standard Specifications:] The Contractor shall assume all risks and expense of interference and delay in his operations, and the protection from or the repair of damage to improvements being built under the contract, as may be caused by water of whatever quantity from floods, storms, industrial waste, irrigation, underground or other sources. However, the Contractor shall be entitled to an extension of time in accordance with the provisions of Subsection 6-4. The Contractor shall also assume full responsibility and expense of protecting, or removing and returning to the site of Work, all equipment or materials under his care endangered by any action of the elements.
Furthermore, the Contractor shall indemnify and hold the City harmless from all claims or suits for damages arising from his operations in dewatering the Work and control of water.
SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES
5-7 SAFETY. [Add the following to the Standard Specifications:] 5-7.2.4 PUBLIC SAFETY DURING NON-WORKING HOURS
Notwithstanding the Contractor's primary responsibility for safety on the job site when the Contractor is not present, the Engineer at Engineer's option after attempting to contact the Contractor may direct City Forces to perform any functions Engineer may deem necessary to ensure public safety at or in the vicinity of the job site. If such procedure is implemented, the Contractor will bear all expenses incurred by the City.
In all cases the judgment of the Engineer shall be final in determining whether or not an unsafe Tuesday, August 06, 2024 Reg CC MTG, Page *231
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situation exists.
5-7.2.5 WRITTEN COMMUNICATIONS
Contractor’s written communications, including letters, field memoranda, requests for substitution (RFS) and requests for information (RFI) shall be written in a clear and concise manner. RFSs and RFIs shall clearly describe the condition or issue of concern, the cause of the condition or issue and the proposed solution or specific question being posed to the Engineer. The contractor shall not be entitled to any delays or additional compensation as a result of issues that in the Engineer’s opinion originated with, or were exacerbated by, poor written communications by the Contractor.
SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. [Replace the entire subsection of the Standard Specifications with the following:] 6-1.1 General. Within ten (10) working days after the date of the City’s execution of the Contract, the Contractor shall submit a proposed construction schedule to the Engineer for approval. The schedule shall be in accordance with the Specification and these Special Provisions.
Prior to issuing the Notice to Proceed, the Engineer will schedule a Pre-Construction Meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination and clarify inspection procedures.
Notwithstanding any other provisions of the Contract, the Contractor shall not be obligated to perform any work and the City will not be obligated to accept or pay for any work performed by the Contractor prior to delivery of a Notice to Proceed. The City's knowledge of work being performed prior to delivery of the Notice to Proceed shall not obligate the City to accept or pay for such work. The Contractor shall provide all required Contract bonds and evidence of insurance prior to commencing work.
6-1.2 Commencement of the Work. Construction schedules shall consider the following:
1- TRASH COLLECTION.
The Contractor shall coordinate with the City regarding the latest trash collection schedules shown in Appendix VI. The Contractor shall facilitate access for the trash pickup. 2- STREET SWEEPING:
The Contractor shall coordinate with the City regarding the latest street sweeping schedules shown in Appendix VII. The Contractor shall facilitate access for the street sweepers 3- TEMPORARY PAVEMENT MARKINGS; CAT-TRACKING AND STRIPING:
Reflective yellow and white “Tabs” MUST be installed following the installation of asphalt to indicate locations of lane lines, STOP limit lines, and all yellow crosswalks and shall be maintained until new striping is installed. Cat-tracking layout for final pavement markings shall be completed at least 48 hours prior to scheduled placement and the Engineer shall approve cat-tracking prior to final placement. Striping shall take Tuesday, August 06, 2024 Reg CC MTG, Page *232
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place a minimum of seven (7) days after paving.
4- WORK HOURS.
Work shall be performed between the hours of 7:00 A.M. and 4:00 P.M. unless otherwise approved by the Engineer. The Contractor will be allowed to work on Fridays when City Hall is scheduled to be closed. No work shall occur on Sundays or holidays. The following days are holidays: Memorial Day, May 27, 2024; Independence Day, July 4, 2024; Labor Day, September 2, 2024; Veteran’s Day, November 11, 2024; Thanksgiving Day, November 28, 2024; Friday following Thanksgiving Day, November 29, 2024 as well as the week between 6-1.3 Compensation. Compensation for all scheduling activities will be made on the lump sum basis per the Contract Unit Price for “MOBILIZATON AND DEMOBILIZATION,” in the Bidder’s Proposal.
6-10 SEQUENCE OF CONSTRUCTION
6-10.1 Multiple Headings. In order to meet the contract schedule, the Contractor will be allowed to initiate and maintain two or more construction headings. However, the Contractor will not be allowed to have multiple phases of work occurring that have the corresponding traffic control devices in conflict with each other.
SECTION 7 - MEASUREMENT AND PAYMENT
7-2 LUMP SUM WORK
[Add the following to the Standard Specifications:]
Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract.
7-3 PAYMENT
7-3.1 General
Revise paragraph one to read: The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal:
Bid Item No. 1 – Mobilization and Demobilization: Work under this item shall be considered full compensation but not be limited to include the cost to secure bonds and insurance, movement of personnel, equipment, materials and incidentals to and from the project sites, securing a temporary construction yard, maintaining the project in a safe, clean and orderly manner during construction and final cleanup of the work and staging sites, furnishing and providing all labor, materials, equipment, scheduling activities, and preparatory work that must Tuesday, August 06, 2024 Reg CC MTG, Page *233
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be performed, or costs incurred before starting work and after completing the work on the various items on the job site, including all costs obtaining all business licenses and permits, as required for the entire project, from all related agencies, including, but not limited to, utility companies, private and public agencies and the CITY; and complying with the requirements specified in those licenses and permits; coordination, field office facility, all required submittals specified within these Specifications, and incidentals necessary to perform all related items of work. The City of Lomita will waive its permit fee; however, permit fees of all other agencies shall be the sole responsibility of the Contractor. The Contractor shall comply with the requirements specified by each license or permit. Progress payments for Mobilization and Demobilization bid item shall be paid for in accordance with the completion percentage of the Project to the Contractor and shall include the cost of such mobilization/demobilization and administration during the entire Contract period. No additional compensation will be allowed.
Mobilization shall include compliance with water and air quality laws; maintaining dust control at all times; furnishing all water required for the construction work; protection of utilities, survey monuments, trees, fences, walls, landscaping and other facilities.
Work under this item shall include all related Demobilization costs, including the removal of any remaining Underground Service Alert (USA) utility markings or other construction paint markings, by means of wet sand blasting or other pre-approved method on the sidewalk, curb/gutter and pavement.
Mobilization shall include all work shown on the plans, which is not compensated in a bid item of work. This work shall include, but not be limited to protect-in-place and/or relocation of the facility to accommodate the construction of an improvement, restoration and adjustment of existing improvements, and establishing the location and depth of city traffic signal conduit, by potholing as necessary, where significant excavation may occur. Underground facilities on these plans are for reference only. It is the Contractor’s responsibility to determine the exact location of potentially conflicting conduit.
The Contractor shall confine his operations and work area to the street right-of-way and is responsible for securing an adequate storage site for equipment and materials. No encroachment into private property will be permitted without prior written consent of the property owner and Engineer. Obtaining this consent will be the responsibility and at the cost of the Contractor. The Contractor shall provide supervisory personnel to keep the construction site in a safe condition at all times.
The Contractor shall maintain the streets and adjacent streets open for ingress and egress and for parking. Approval of the staging and work plan shall be at the discretion of the City.
The Contractor shall obtain bonds, insurance, and financing for entire project prior to beginning work.
The Contractor shall provide supervisory personnel to maintain the construction site in a safe condition and all other related work as required at all times. These requirements shall also apply to all non-working days during the construction period. The Contractor is responsible for Tuesday, August 06, 2024 Reg CC MTG, Page *234
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securing an adequate storage site for equipment and materials.
Included in this item are up to date as-built drawings to be submitted to the Engineer by the contractor for review prior to request of payment.
Payment: “Mobilization and Demobilization” shall be made at the lump sum price indicated in the Bid Schedule and progress payments shall be made upon the judgment of the Engineer as percent complete.
Bid Item No. 2 – Demolition of 6” thick driveway approach.
Work under this item shall include, but not be limited to, furnishing all labor, tools, equipment, and material costs for demolition of 6” thick driveway approach.
Payment shall be made per square foot unit price as indicated in the Bid Schedule.
Bid Item No. 3 – Demolition of 6” thick sidewalk.
Work under this item shall include, but not be limited to, furnishing all labor, tools, equipment, and material costs for demolition of 6” thick concrete sidewalk.
Payment shall be made per square foot unit price as indicated in the Bid Schedule.
Bid Item No. 4 – Demolition of 4” thick sidewalk.
Work under this item shall include, but not be limited to, furnishing all labor, tools, equipment, and material costs for demolition of 4” thick concrete sidewalk.
Payment shall be made per square foot unit price as indicated in the Bid Schedule.
Bid Item No. 5 – Demolition of Curb and Gutter: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing curb and gutter per Section 401-3.2 of the SSPWC (2021), sawcutting, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place.
Payment: “Remove PCC Curb and Gutter” shall be made on a lineal foot unit price basis as indicated in the Bid Schedule.
Bid Item No. 6 - Construct 6” Driveway Approach: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for grading and compacting subgrade, constructing concrete driveway approach per Section 201 and 303-5 of the SSPWC, installing expansion joint material, constructing weakened plane joints, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place.
Payment: “Construct 6” Driveway Approach” shall be made on a square foot unit price basis as indicated in the Bid Schedule.
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Bid Item No. 7 - Construct 6” Sidewalk: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for grading and compacting subgrade, constructing concrete sidewalk per Section 201 and 303-5 of the SSPWC, installing expansion joint material, constructing weakened plane joints, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place.
Payment: “Construct 6” Sidewalk” shall be made on a square foot unit price basis as indicated in the Bid Schedule.
Bid Item No. 8 - Construct 4” Sidewalk: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for grading and compacting subgrade, constructing concrete sidewalk per Section 201 and 303-5 of the SSPWC, installing expansion joint material, constructing weakened plane joints, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place.
Payment: “Construct 4” Sidewalk” shall be made on a square foot unit price basis as indicated in the Bid Schedule.
Bid Item No. 9 - Construct Curb and Gutter: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for grading and compacting subgrade, constructing concrete PCC Cross Gutter per Section 201 and 303-5 of the SSPWC, installing expansion joint material, constructing weakened plane joints, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Height of the curb to be constructed to match the existing.
Payment: “Construct Curb Gutter” shall be made on a linear foot unit price basis as indicated in the Bid Schedule.
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7-4.3 MARKUP. [Add the following to the Standard Specifications:] The markups mentioned hereinafter shall include, but are not limited to, all costs for the services of superintendents, project managers, timekeepers and other personnel not working directly on the change order, and pickup or yard trucks used by the above personnel. These costs shall not be reported as labor or equipment elsewhere except when actually performing work directly on the change order and then shall only be reported at the labor classification of the work performed.
[Replace the subsection of the Standard Specifications with the following:] 7-4.3.1 Work by Contractor. The following percentages shall be added to the Contractor’s costs and shall constitute the mark-up for all overhead and profit, which shall be deemed to include all items of expense not specifically designated as cost or equipment rental in Subsections 7-4.2.1, 7-4.2.2, and 7-4.2.3.
Labor 20
Materials 15
Equipment Rental 15
Other Expenditures 15
To the sum of the costs and markups provided for in this subsection, one (1) percent shall be added as compensation for bonding.
[Replace the subsection of the Standard Specifications with the following:] 7-4.3.2 Work by Subcontractor. When any part of the extra work is performed by a subcontractor, the markup established in 7-4.2.1 shall be applied to the subcontractor’s actual cost of such work. A markup of ten (10) percent on the first $5,000 of the subcontracted portion of the extra work and a mark-up of 5 percent on work added more than $5,000 of the subcontracted portion of the extra work may be added by the Contractor.
The markups specified in parts (a) and (b) above shall be considered as including, but not limited to, the Contractor’s labor costs for personnel not working directly on the extra work, including the cost of any tools and equipment that they may use. Such costs shall not be reported as labor or equipment costs elsewhere except when they are used in the performance of the extra work. Labor costs shall in that case be reported for the labor classification corresponding to the type and nature of extra work performed.
Tuesday, August 06, 2024 Reg CC MTG, Page *237
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PART 2 - CONSTRUCTION MATERIALS
Contractor to adhere to the standard specifications of the Green Book (2021) Part 2 for all construction materials.
Specifically, concrete shall comply with Class 520-C-2500 per Section 201 of the Green Book.
PART 3 - CONSTRUCTION METHODS
300-1 Sidewalk Limits & Concrete Joints
In the case where a sidewalk is being constructed at the border of two property lines, the contractor shall maintain a construction joint at the property line.
In the case where a fence is located right at the edge of the sidewalk, the contractor shall sawcut the edge and prevent damage to the fence. Any damage will be liable to the contractor. 300-2 Inspection and Final Acceptance
Upon completion of the work, the contractor shall request inspection from the City at least 5 business days in advance. The City inspector shall provide a recommendation to the City Engineer for final approval.
PART 4 – EXISTING IMPROVEMENTS
SECTION 400 – PROTECTION AND RESTORATION
400-1 GENERAL.
[Add the following paragraphs to the Standard Specifications:] The Contractor shall be responsible for protecting all new concrete work from being etched, scratched, or otherwise marked or having wet slough material deposited thereon. If new concrete work is marked, the Contractor shall replace it at its expense in accordance with 303-
5.7 of these special provisions.
The Contractor shall perform all private lawn, hardscape, and parkway restorations, (not included in the project plans) including restoration of irrigation systems and existing curb drains within five (5) days after the adjacent improvements have been constructed at his own expense. The Contractor shall not delay restorations for tree plantings. 400-2 PERMANENT SURVEY MARKERS
The Contractor shall not disturb or destroy any existing monuments or benchmarks. If any survey monuments or benchmarks need to be removed and replaced, Contractor shall notify the Engineer prior to construction.
Before removing any monuments in preparation for construction, the Contractor’s licensed land surveyor will set at least four ties for each monument to be removed and replaced, all at Contractor’s expense. After construction, the Contractor will replace each monument using the aforementioned ties and file a corner record for each replaced monument, all at Contractor’s expense.
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400-3 Tree Root Cutting Coordination
Whenever unforeseen utilities are encountered, the Contractor shall contact the respective utility agency. The Contractor shall inform the Engineer about any utility conflicts to coordinate a solution with the utility agency.
The Contractor shall be responsible for repairing any utilities damaged during their work at no extra cost to the City.
SECTION 401 – REMOVAL
401-1 General. [Replace the entire subsection of the Standard Specifications with the following:]
Unless otherwise stated on the Plans or Specifications, all material removed from the Work shall become the property of the Contractor and shall be disposed of in a lawful manner.
Removals shall include, but not limited to, all excess excavation material, trees and plants, debris, interfering portions of curb, gutters, asphalt and PCC concrete pavements and sidewalks (including base, where applicable), and miscellaneous items as shown on the Plans. The Contractor shall conform to the following requirements:
1) The Contractor shall not start any removal work unless it is prepared to perform reconstruction work within 24 hours of the time removals were begun, unless otherwise approved by the Engineer.
2) The Contractor shall complete forming and pouring of PCC construction within five (5) working days following the removal of existing material at any location. 3) The Contractor shall not remove on-site improvements until it is prepared to construct the adjacent street section and shall promptly restore all such improvements as applicable, upon completion of the adjacent street work.
All concrete removed shall be hauled off the Work site no later than the calendar day following the day that the removal is performed.
The limits for sidewalk, curb and gutter and driveway shown on the plans are approximate.
The actual removal and/or construction limits shall be as marked and/or directed by the Engineer in the field.
Add the following to the Standard Specifications:
401-1.1 CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING.
GENERAL. Consistent with the City’s efforts to comply with the California Integrated Waste Management Act of 1989 (AB 939), the Contractor shall reduce, reuse, and/or recycle to the maximum extent feasible, the construction and demolition debris (debris) generated by this Contract hereby diverting the debris from disposal facilities, saving landfill space, and Tuesday, August 06, 2024 Reg CC MTG, Page *239
E-19
conserving virgin materials and natural resources.
The Contractor shall abide by Caltrans Guidance on Concrete Waste as outlined in Caltrans Standard Specifications (2021) as follows:
• Section13-4.03D (3)
Prevent the discharge of concrete and asphalt concrete waste into storm drain systems and receiving water. Collect concrete waste simultaneously with the waste-producing activity.
Concrete waste includes grout, dust, debris, residue, and slurry from demolition, saw cutting, coring, grooving, or grinding activities. Dispose of liquid residue from concrete grooving or grinding activities at an appropriately permitted disposal facility. If authorized, you may transport liquid grooving or grinding residue to a contractor-support facility for drying.
• Section 13-9.01C
At least 5 business days before starting concrete activities, submit an informational submittal that includes:
1. Location of each concrete washout
2. Name and location of the off-site disposal site to receive the concrete waste
3. Copy of the permit issued by the Regional Water Quality Control Board (RWQCB) for the off-site commercial disposal site
4. Copy of the permit issued by the state or local agency with jurisdiction over a disposal site located outside of the State Retain and submit tracking records for the disposal of concrete waste as an informational submittal.
Submit a certificate of compliance for (1) the fabric bag for gravel-filled bags and (2) the plastic liner.
RECYCLING SUMMARY. The Contractor shall file with the City Engineer, prior to the acceptance of the work, a Recycled Materials Certificate using the Recycling Summary form on Appendix I. The Recycled Materials Certificate list all recycled materials used in connection with work or delivered off-site for recycling. Certificate shall include for each recycled material type: a) Material description, b) Material quantity, c) Method of measurement, d) Material deposition location.
SECTION 402 – UTILITIES
402-1 LOCATION. [Add the following to the Standard Specifications:] The Contractor shall provide coordination with all the utility companies involved and shall provide protection from damage to their facilities. The Contractor shall be responsible for repair or replacement to said facilities made necessary by its failure to provide required protection.
The Contractor is required to include utility requirements in the Construction Schedule per Section 6-1.
The Contractor shall be solely responsible to check all utility record maps, books, and/or other data in the possession of the CITY, other agencies, and/or all utility companies, and no allowance shall be made for any failure to have done so.
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The Contractor shall utilize the services of "Underground Service Alert-Southern California" for utility locating in all public right-of-ways by calling 1-800-227-2600 at least 48 hours prior to any excavation.
402-2 PROTECTION. [Add the following to the Standard Specifications:] 402-2.1 Noninterfering Utilities
Utilities that are not abandoned by the owner and do not physically interfere with the permanent work in its final location shall be supported, protected and maintained in place by the Contractor, and the Contractor shall be solely responsible for any damage, loss or injury, or death resulting from his/her failure to do so and the Contractor shall indemnify and hold harmless the City from any and all such consequences. Noninterfering utilities may, with the permission of the owner and the Public Works Director, be relocated still farther from the permanent work in its final locations, but the Contractor shall not so consider, in submitting his bid, unless the relocation is shown on the plans.
402-2.2 Abandoned Utilities
Abandoned utilities are those portions of any utility which are no longer needed or desired by the owner and whose destruction is consented to by the owner and/or is permitted by notation on the plans. Abandoned utilities which physically interfere with the permanent work or with the construction thereof shall be removed by the Contractor and the Contractor shall be solely responsible for any damage, loss or injury, or death resulting from the removal and the Contractor shall indemnify and hold harmless the City from all such consequences. 402-2.3 Interfering Utilities
Any utility shall be deemed an interfering utility (1) which physically occupies any part of the space to be occupied by the permanent work in its final locations, or (2) whose length within the theoretical width of excavation for the permanent work exceeds five times the width of said theoretical excavation whether or not the utility physically interferes with the permanent work Interfering utilities that are not abandoned by the owner shall be relocated so as not to interfere with the permanent work in its final location. Such relocation will be performed by the owner or the City unless otherwise shown on the plans.
The Contractor shall exercise caution to prevent damage to or movement of the utilities while constructing the permanent work along and adjacent to the utilities. 402-3 REMOVAL.
[Add the following to the Standard Specifications:]
It shall be the Contractor's responsibility irrespective of the notations on the plans to confirm or determine that a utility is to be abandoned before treating the same as an abandoned Tuesday, August 06, 2024 Reg CC MTG, Page *241
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utility and shall assume all risks in so determining.
402-5 DELAYS DUE TO UTILITY CONFLICTS.
[Substitute the following of the Standard Specifications with:] The Contractor is responsible for notifying the city in time to prevent delays attributable to utility relocations or alterations. The Contractor shall not be entitled to damage or additional payment, nor shall it be entitled to standby time for men or equipment if such delay does occur. The Engineer will determine the extent of the delay attributable to such interferences, the effect of the delay on the project as a whole, and any commensurate extension of time.
Any failure of the City and/or utility company to accomplish relocations in a reasonable manner in light of the Contractor's operations (to the extent such operations would otherwise be feasible and in accordance with the contract and as disclosed to the City prior to the Contractor encountering any such utility) shall entitle the Contractor to an extension of contract time to the extent that, in the judgment of the Engineer, the Contractor's completion of the overall contract work has been delayed; however, the Contractor shall be entitled to no other remedy and, in submitting its bid, thereby, waives such other remedies, if any, unless the relocation delay is the result of arbitrary, capricious or malicious conduct by the City.
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SECTION F
CITY OF LOMITA STANDARD PLANS
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Tuesday, August 06, 2024 Reg CC MTG, Page *247
APPENDIX I
CONSTRUCTION AND DEMOLITION
DEBRIS RECYCLING SUMMARY
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CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING SUMMARY
Project Type:
Project Name: _________________________________________________ Date: ______________________ City Contract No. ___________________________________________________________________________ Project Location: ___________________________________________________________________________ Thomas Guide Page/Grid No(s): ______________________________________________________________ Contractor Name: __________________________________________________________________________ Contractor Address: ________________________________________________________________________ Contractor License #: _______________________________________________________________________ Project Duration: From: _____________________________ To: _______________________________ Demolition and Recycling Cost: $_______________________________________________________ Type(s) of Debris
Generated
Total
Quantity
Generated
(tons, c.y.
or units)
Reuse / Recycling Disposal
Total
Quantity
(tons, c.y.
or units)
Name of
Reuse/Recycling
Facility/Site
Total
Quantity
(tons, c.y.
or units)
Name of
Disposal Facility
Asphalt
Brick
Concrete
Green Waste
Metal (ferrous)
Metal (non-ferrous)
Mixed Debris
Rock
Soil Wood Waste
Other:
Total
Notes:
• Other debris types may include, but are not limited to: Ash, Cardboard, Carpeting, Glass Gravel, Land Clearing Debris, Non-friable Asbestos, Paper, Plastic, Porcelain, Roofing Material, Sand and Tires. Attach additional sheets if necessary. • If the debris is taken to a transfer station solely for the purpose of reuse/recycling, then list the transfer station as the reuse/recycling facility/site.
• If the debris is taken to a transfer station solely for the purpose of transfer to a disposal facility, then list the transfer station as the disposal facility.
Prepared by ________________________________ Signature ___________________________________ Phone #: ____________ Roadway and/or Bridge/Structure Water/Sewer
Traffic Signal/Street Lighting Other _______________________ Tuesday, August 06, 2024 Reg CC MTG, Page *249
APPENDIX II
PHOTOS AND LOCATIONS OF WORK
Tuesday, August 06, 2024 Reg CC MTG, Page *250
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
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
248th 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
Via Solano
Sidewalk Repair (2024) - Street Map
Tuesday, August 06, 2024 Reg CC MTG, Page *251
Tuesday, August 06, 2024 Reg CC MTG, Page *252
2042 240th St, 1/1
Tuesday, August 06, 2024 Reg CC MTG, Page *253
2061 240th St, 1/1
Tuesday, August 06, 2024 Reg CC MTG, Page *254
Tuesday, August 06, 2024 Reg CC MTG, Page *255
2347 248th St, 1/1
Tuesday, August 06, 2024 Reg CC MTG, Page *256
2245 248th St, 1/1
2245 248th St, 2/2
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Tuesday, August 06, 2024 Reg CC MTG, Page *258
Tuesday, August 06, 2024 Reg CC MTG, Page *259
Tuesday, August 06, 2024 Reg CC MTG, Page *260
24208 Alliene Ave 1/2
24208 Alliene Ave, 2/2
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24903 Cypress St 1/1
Tuesday, August 06, 2024 Reg CC MTG, Page *262
24907 Cypress St, 1/1
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24911 Cypress St, 1/1
Tuesday, August 06, 2024 Reg CC MTG, Page *264
24805 Cypress St, 1/1
Tuesday, August 06, 2024 Reg CC MTG, Page *265
24637 Eshelman Ave, 1/2
24637 Eshelman Ave, 2/2
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24818 Eshelman Ave, 1/2
24818 Eshelman Ave, 2/2
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25110 Eshelman Ave, 1/2
25110 Eshelman Ave, 2/2
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25018 Eshelman Ave, 1/2
25018 Eshelman Ave, 2/2
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24627 Eshelman Ave, 1/1
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24625 Eshelman Ave, 1/1
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24123 Narbonne Ave
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26122 Oak St, 1/2
26122 Oak St, 2/2
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25307 Oak St, 1/1
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26407 Via Marquette 1/1
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25328 Walnut St, 1/1
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Tuesday, August 06, 2024 Reg CC MTG, Page *279
APPENDIX III
DEMOLITION SCOPE OF WORK
Tuesday, August 06, 2024 Reg CC MTG, Page *280
No. ADDRESS STREET Length
(ft' in")
Width
(ft' in") Area (SF) Length
(ft' in")
Width
(ft' in") Area (SF) Length (ft' in")
Width
(ft' in") Area (SF) Length (ft' in") Length (ft)
1 2042 240th St. - - - - - - 22' 2" 4' 0" 88.67 - -
2 2061 240th St. 18' 2" 4' 0" 72.67 - - - - - - - -
3 2349 247th St. 29' 10" 4' 0" 119.33 29' 10" 5' 0" 149.17 20' 10" 5' 0" 104.17 29' 10" 29.83 4 2347 248th St. 37' 1" 5' 0" 185.42 37' 1" 4' 0" 148.33 - - - - - 5 2245 248th St. 23' 0" 4' 2" 95.83 23' 0" 5' 0" 115.00 35' 9" 5' 0" 178.75 - - 6 2301 248th St. - - - - - - 13' 0" 5' 0" 65.00 - -
7 2357 250th St. 18' 1" 5' 0" 90.42 19' 1" 4' 0" 76.33 - - - 18' 1" 18.08 8 2400 250th St. 28' 10" 5' 0" 144.17 28' 10" 4' 0" 115.33 - - - - - 9 24208 Alliene Ave - - - - - - 34' 10" 4' 0" 139.33 - - 10 24903 Cypress St. 18' 0" 5' 0" 90.00 15' 6" 4' 0" 62.00 - - - - - 11 24907 Cypress St. 15' 0" 5' 0" 75.00 12' 6" 4' 0" 50.00 - - - - - 12 24911 Cypress St. 15' 0" 5' 0" 75.00 12' 0" 4' 0" 48.00 - - - - - 13 24805 Cypress St. 22' 2" 5' 1" 112.68 22' 2" 4' 0" 88.67 - - - - - 14 24637 Eshelman Ave. - - - - - - 29' 2" 4' 0" 116.67 - - 15 24818 Eshelman Ave. - - - - - - 55' 9" 4' 0" 223.00 - - 16 25110 Eshelman Ave. - - - - - - 73' 5" 4' 0" 293.67 - - 17 25018 Eshelman Ave. - - - - - - 107' 1" 4' 0" 428.33 - - 18 24627 Eshelman Ave. - - - - - - 24' 6" 4' 0" 98.00 - - 19 24625 Eshelman Ave. - - - - - - 27' 10" 4' 0" 111.33 - - 20 24623 Falena Ave - - - - - - 82' 3" 4' 0" 329.00 - - 21 24123 Narbonne Ave - - - - - - 6' 6" 3' 0" 19.50 8' 0" 8.00 22 26122 Oak St - - - - - - 56' 3" 4' 0" 225.00 - -
23 25307 Oak St. - - - 20' 1" 4' 0" 80.33 - - - - -
24 24602 Via Desmonde - - - - - - 23' 4" 4' 0" 93.33 - - 25 26407 Via Marquette - - - - - - 29' 6" 4' 0" 118.00 - - 26 25328 Walnut St. 22' 8" 4' 6" 102.00 22' 8" 5' 5" 122.78 - - - 24' 3" 24.25 27 25034 Cypress St. 13' 10" 5' 0" 70.00 - - - 32' 4' 128.00 - - 1,232.51 1,055.94 2,759.75 80.17
Demolition Scope of Work
TOTAL
Curb and Gutter
Below are the measurements taken by the City of Lomita, Contractor is responsible for verifying measurements on site with City
CITY OF LOMITA
SIDEWALK PROGRAM 6" Driveway Approaches 6" Sidewalk 4" Sidewalk Tuesday, August 06, 2024 Reg CC MTG, Page *281
APPENDIX IV
RESTORATION SCOPE OF WORK
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No. ADDRESS STREET RESTORATION
1 2042 240th St. Restore to Match existing dimensions, with 2% maximum slope 2 2061 240th St. Replace existing apron with sidewalk
3 2349 247th St. Restore to Match existing dimensions, with 2% maximum slope 4 2347 248th St. Replace existing 37' apron with two separate 12 ft aprons 5 2245 248th St. Restore to Match existing dimensions, with 2% maximum slope 6 2301 248th St. Restore to Match existing dimensions, with 2% maximum slope 7 2357 250th St. Replace existing 18' apron with 12' wide apron 8 2400 250th St. Restore to Match existing dimensions, with 2% maximum slope 9 24208 Alliene Ave Restore to Match existing dimensions, with 2% maximum slope 10 24903 Cypress St. Restore to Match existing dimensions, with 2% maximum slope 11 24907 Cypress St. Restore to Match existing dimensions, with 2% maximum slope 12 24911 Cypress St. Restore to Match existing dimensions, with 2% maximum slope 13 24805 Cypress St. Replace existing 18' apron with 16' wide apron 14 24637 Eshelman Ave. Restore to Match existing dimensions, with 2% maximum slope 15 24818 Eshelman Ave. Restore to Match existing dimensions, with 2% maximum slope 16 25110 Eshelman Ave. Restore to Match existing dimensions, with 2% maximum slope 17 25018 Eshelman Ave. Restore to Match existing dimensions, with 2% maximum slope 18 24627 Eshelman Ave. Restore to Match existing dimensions, with 2% maximum slope 19 24625 Eshelman Ave. Restore to Match existing dimensions, with 2% maximum slope 20 24623 Falena Ave Restore to Match existing dimensions, with 2% maximum slope 21 24123 Narbonne Ave Restore to Match existing dimensions, with 2% maximum slope 22 26122 Oak St Restore to Match existing dimensions, with 2% maximum slope 23 25307 Oak St. Restore to Match existing dimensions, with 2% maximum slope 24 24602 Via Desmonde Restore to Match existing dimensions, with 2% maximum slope 25 26407 Via Marquette Restore to Match existing dimensions, with 2% maximum slope 26 25328 Walnut St. Restore to Match existing dimensions, with 2% maximum slope 27 25034 Cypress St. Restore to Match existing dimensions, with 2% maximum slope Restoration Scope of Work
Tuesday, August 06, 2024 Reg CC MTG, Page *283
APPENDIX VI
CITY OF LOMITA
TRASH COLLECTION SCHEDULE
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APPENDIX VI
CITY OF LOMITA
STREET SWEEPING SCHEDULE
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Street Sweeping Schedule
Wednesday, Thursday, Friday
10am to 12pm
ESHELMAN
WAY CITY HALL
6am to 8am 8am to 10am
12pm to 2pm
Sweep streets marked in red in
extra time between postings
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Exhibit B
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Tuesday, August 06, 2024 Reg CC MTG, Page *290
Tuesday, August 06, 2024 Reg CC MTG, Page *291
Tuesday, August 06, 2024 Reg CC MTG, Page *292
Tuesday, August 06, 2024 Reg CC MTG, Page *293
Tuesday, August 06, 2024 Reg CC MTG, Page *294
Tuesday, August 06, 2024 Reg CC MTG, Page *295
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Tuesday, August 06, 2024 Reg CC MTG, Page *299
Tuesday, August 06, 2024 Reg CC MTG, Page *300
1 TO: City Council
FROM: Andrew Vialpando, City Manager
PREPARED BY: Deborah Dixon, Human Resources Manager
MEETING DATE: August 6, 2024
SUBJECT: Agreement with Gallagher Benefit Services Inc. (formerly known as Koff & Associates) to Provide Executive Recruitment Services for Public Works Director and Community and Economic Development Director
RECOMMENDATION
Authorize the City Manager to enter into an agreement with Gallagher Benefit Services Inc. to provide Executive Recruitment Services in an amount not to exceed $48,000.
BACKGROUND
The City of Lomita entered into an agreement with Koff and Associates on June 4, 2024 to provide Executive Recruitment Services to recruit for the Public Works Director and Community Development Director positions. Since that time, Koff and Associates has changed their name to Gallagher Benefit Services and has requested reassignment of the agreement under their new name. In addition to the company’s name change, they have further requested modification to the indemnification language.
FISCAL IMPACT
With this action, there is no change to the previously approved compensation. Consultant costs to conduct an executive recruitment for both a Public Works Director and a Community and Economic Development Director are not to exceed $48,000 ($24,000 for each). This fee includes all professional services and expenses, including brochure development and design, advertising, printing and shipping, associated consultant travel if required, and background. A discount of $2,000 was provided to conduct two recruitments.
CITY OF LOMITA
CITY COUNCIL REPORT
Item No. 7k
Tuesday, August 06, 2024 Reg CC MTG, Page *301
2 OPTIONS
1. Authorize city manager to execute the agreement
2. Provide staff with other direction
ATTACHMENTS
1. Agreement with Proposal (Exhibit A) from Gallagher Benefit Services, Inc.
2. City Council Staff Report dated June 4, 2024
Reviewed by: Approved by:
_______________________ ______________________
Gary Y. Sugano Andrew Vialpando
Assistant City Manager City Manager
Prepared by:
Deborah Dixon
__________________________
Deborah Dixon, Human Resources Manager
Tuesday, August 06, 2024 Reg CC MTG, Page *302
CONTRACT FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF LOMITA AND GALLAGHER BENEFITS SERVICES, INC.
This AGREEMENT for Executive Recruitment is entered into this 6 TH day of August
2024, by and between the CITY OF LOMITA, a general law city and municipal corporation (“CITY”) and Gallagher Benefit Services, Inc. (“CONSULTANT”).
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 Executive Recruitment.
C. CONSULTANT 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 CONSULTANT 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, CONSULTANT 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 $48,000, for CONSULTANT’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. CONSULTANT 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 CONSULTANT all uncontested amounts set forth in the CONSULTANT'S bill within 30 days after it is received.
Tuesday, August 06, 2024 Reg CC MTG, Page *303
2. SCOPE OF SERVICES.
A. CONSULTANT 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, CONSULTANT 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 CONSULTANT 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, CONSULTANT represents that CONSULTANT 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 Chelsea Freeman. 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 December 31, 2024, 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 CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.
Tuesday, August 06, 2024 Reg CC MTG, Page *304
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. CONSULTANT 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. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. A ten (10) day notice of termination shall be in writing.
B. CONSULTANT 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, CONSULTANT 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.
13. 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 CONSULTANT's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, 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 CONSULTANT 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 Tuesday, August 06, 2024 Reg CC MTG, Page *305
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 CONSULTANT 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 CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
14. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.
CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.
15. INDEPENDENT CONSULTANT. CITY and CONSULTANT agree that CONSULTANT will act as an independent CONSULTANT and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.
16. AUDIT OF RECORDS.
A. CONSULTANT agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement.
CONSULTANT agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of i inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. CONSULTANT further agrees to maintain such records for a period of three (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.
17. 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 Tuesday, August 06, 2024 Reg CC MTG, Page *306
determined by CITY to implement said corrective measures. Failure of CONSULTANT to implement required corrective measures shall result in immediate termination of this Agreement.
18. INSURANCE REQUIREMENTS.
A. CONSULTANT, at CONSULTANT’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 cancelled or non-renewed policy will be replaced with no coverage gap and a current Certificate of Insurance will be provided to the CITY prior to the expiration of the previous policy. 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 CONSULTANT for CITY.
2. General Liability Coverage. CONSULTANT 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 CONSULTANT 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 CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the Tuesday, August 06, 2024 Reg CC MTG, Page *307
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. CONSULTANT also agrees to require all CONSULTANTs, 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 general and automobile liability arising out of work performed by or on behalf of the CONSULTANT, 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. CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against CONSULTANT 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. CONSULTANT shall provide certificates of insurance with original endorsements to CITY as evidence of the insurance coverage required herein.
Tuesday, August 06, 2024 Reg CC MTG, Page *308
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 CONSULTANT 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 CONSULTANT (as the named insured) should CONSULTANT 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 CONSULTANT 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 policy, CITY may include such amounts as damages in any action against CONSULTANT for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.
19. USE OF OTHER CONSULTANTS. CONSULTANT must obtain CITY’s prior written approval to use any CONSULTANTs while performing any portion of this Agreement. Such approval must include approval of the proposed CONSULTANT and the terms of compensation.
20. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT 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 CONSULTANT 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.
21. 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 Tuesday, August 06, 2024 Reg CC MTG, Page *309
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 CONSULTANT. 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.
22. 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.
23. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
CITY CONSULTANT
City of Lomita
24300 Narbonne Avenue
Lomita, CA 90717
ATTN: City Manager
Gallagher Benefit Services, Inc.
2121 N. California Blvd,
Suite 350
Walnut Creek, CA 94596
ATTN: Georg S. Krammer,
Managing Director
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.
24. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that 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 CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.
Tuesday, August 06, 2024 Reg CC MTG, Page *310
25. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement.
26. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
27. 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.
28. 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.
29. 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.
30. 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.
30. 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.
31. TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.
32. 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.
Tuesday, August 06, 2024 Reg CC MTG, Page *311
33. 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.
CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private CONSULTANTs, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.
34. DISCLOSURE REQUIRED. (CITY and CONSULTANT 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 CONSULTANT 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 services hereunder, the City’s Manager shall prepare and deliver to CONSULTANT a memorandum detailing the extent of CONSULTANT’S disclosure obligations in accordance with the CITY’S Conflict of Interest Code.
City Initials ______
CONSULTANT Initials ______
OR
By their initials next to this paragraph, CITY and CONSULTANT hereby acknowledge that CONSULTANT is not a “CONSULTANT” for the purpose of the California Political Reform Act because CONSULTANT’S duties and responsibilities are not within the scope of the definition of CONSULTANT 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 ______
CONSULTANT Initials ______
Tuesday, August 06, 2024 Reg CC MTG, Page *312
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF LOMITA GALLAGHER BENEFIT SERVICES,
INC.
Andrew Vialpando, City Manager By: Catherine B. Kaneko, Managing Director
ATTEST:
36-4291971
Kathleen Horn Gregory, City Clerk Taxpayer ID No.
APPROVED AS TO FORM:
City Attorney
Tuesday, August 06, 2024 Reg CC MTG, Page *313
Submittal date: May 24, 2024
Submitted by:
Koff & Associates
2835 Seventh Street
Berkeley, CA 94710
Frank Rojas
Recruitment Manager
[email protected]
510.495.0448
KoffAssociates.com
EXECUTIVE RECRUITMENT SERVICES
PUBLIC WORKS DIRECTOR &
COMMUNITY AND ECONOMIC
DEVELOPMENT DIRECTOR
CITY OF LOMITA
Exhibit A
Tuesday, August 06, 2024 Reg CC MTG, Page *314
RECRUITMENT SERVICES FOR CITY OF LOMITA
May 24, 2024
Deborah Dixon, Human Resources Manager
City of Lomita
24300 Narbonne Ave.
Lomita, CA U.S.A. 90717
Dear Ms. Dixon,
Thank you for the opportunity to submit our proposal to assist the City of Lomita with Executive Recruitment services. We are excited about the possibility of developing this partnership and supporting the City with the search for its next Public Works Director and Community and Economic Development Director. Koff & Associates (K&A), a Gallagher company, is uniquely qualified based on over 38 years of assisting public agencies with finding and placing candidates dedicated to public service.
Our unique selling proposition lies in K&A’s experience supporting public sector clients in California and throughout the USA. Through our investment in modern recruitment technology, we offer forward-thinking services that not only provide advanced extensive sourcing and outreach but allow us to tell the story of each project through easy-to-understand data.
Conducting countless executive search efforts has made K&A an expert in identifying, targeting, recruiting, and successfully placing women and minority candidates in many of our recruitments. Diversity recruiting is an area of focus, and our firm has a vast pool of resources at our fingertips to provide outreach on an industry-wide basis to the public and private sector for qualified candidates nationwide. We pride ourselves on transparency, flexibility, and quality work.
As K&A’s Recruitment Manager, I am available to answer questions about this proposal, as well as our team and recruitment services. You can reach me at (510) 495-0448 or [email protected].
Sincerely,
Frank Rojas
Recruitment Manager
Tuesday, August 06, 2024 Reg CC MTG, Page *315
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | KoffAssociates.com Table of Contents
Business Information 1
Experience and Qualifications 1
Recent Successful Recruitments 2
Project Team 7
Project Approach / Methodology 9
References 13
Pricing Proposal 14
Professional Services Agreement Acknowledgement 15
Signature Page 16
Attachment: Sample Brochure
Tuesday, August 06, 2024 Reg CC MTG, Page *316
RECRUITMENT SERVICES FOR CITY OF LOMITA
1 BUSINESS INFORMATION
Koff & Associates (“K&A”) is a full spectrum, public-sector human resources and recruiting services firm founded by Gail Koff in 1984 and has been assisting cities, counties, special districts, other public agencies, and non-profit organizations.
As of April 30, 2021, we merged with Arthur J. Gallagher and are now officially a Gallagher Division. Our headquarters are in Berkeley, CA, and we have satellite offices in Southern California, the Central Valley, the Sacramento Region, and the Western US Region. GALLAGHER BENEFIT SERVICES, INC. is our legal name. It is a Delaware company, and the FEIN is 36-4291971.
EXPERIENCE AND QUALIFICATIONS
With nearly 40 years of HR experience, Koff & Associates knows public sector employment inside and out. We are familiar with public sector organizational structures, agency missions, operational and budgetary requirements, and staffing expectations. Our team is ready to support you at any level you wish – providing sourcing expertise, full-cycle recruitment at the start of your search through the start date of your newest employee, and everything in between.
Our long list of clients indicates our firm’s reputation as a quality organization that produces comprehensive, sound, and cost-effective results. K&A is “hands on” and responsive with the ability and expertise to identify the ideal candidate(s) for the City of Lomita.
K&A uses its vast network to leverage recommendations and referrals of past clients in combination with modern sourcing techniques and technology to build the best candidate pools in the market. We are a team of true recruiters with over 60 years of combined experience. Our work speaks for itself, and our primary goal is to provide professional and technical consulting assistance with integrity, honesty, and a commitment to excellence.
K&A provides personal attention to and creates long-term relationships with our clients. Because we care about and understand your organization’s people, culture, leadership, and unique needs, we identify highly qualified candidates to support your goals.
We build enduring
relationships
With our focus on inclusion, networking, and advertising with minority-based associations, we source source top talent and our placements reflect the Agencies we serve.
We value strength in
diversity
K&A identifies candidates which traditional recruiting strategies may miss.
We leverage innovative sourcing methodologies and technologies for a robust and advanced sourcing strategy that will attract hard to find passive job seekers.
We leverage innovative
search technology
Tuesday, August 06, 2024 Reg CC MTG, Page *317
RECRUITMENT SERVICES FOR CITY OF LOMITA
2 RECENT SUCCESSFUL RECRUITMENTS
Following is a partial list of recent executive recruitments conducted by the K&A recruitment team:
Agency Title Year
City of Gilroy City Engineer/Transportation Engineer, Public Works Director, Utilities Director, Fire Division Chief, Finance Manager, Fleet Superintendent 2024 – 2021 City of Lawndale Director of Public Works / City Engineer, Director of Finance / City Treasurer 2024, 2022
City of Los Banos Assistant Public Works Director, Assistant Fire Chief 2024 City of Oxnard
Library Manager, Associate Traffic Engineer, Chief Financial Officer, Environmental Resources Division Manager, Safety Training Officer, Planning & Environmental Manager, Budget Manager, Senior Planner, City Traffic Engineer, Assistant Director of Housing, Assistant Public Works Director (Water Utilities), Controller, Public Works Director 2024 – 2021
City of Woodland Deputy Director of Public Works – Utilities 2024 City of Avalon Public Works Director 2023
City of Millbrae Director of Community Development, Public Works Director 2023 – 2022 City of San Bernardino City Manager, Deputy Director of Human Resources (Risk), Director of Human Resources, Chief of Police, Director of Public Works 2023 – 2021 City of Seaside Senior Civil Engineer, Assistant Public Works Director, Assistant Civil Engineer, Associate Planner, Assistant Planner 2023 – 2021 City of Carson Director of Finance, Public Works Operations Manager 2022 County of Butte Assistant Public Works Director (2) 2022 City of Chico Public Works Director 2021
City of Fairfield
Engineering Tech II, Instrumentation Technician, Utility Worker I/II, IT Analyst Senior, Water Distribution Operator, Transit Operations Manager, Public Works Supervisor, Fire Mechanic Senior, Solid Waste Compliance Coordinator, Plans Examiner, Parts Store Specialist I/II, Assistant/Associate Civil Engineer - Capital Improvement Program, Associate Civil Engineer-Plan Check Division, Junior Engineer, Public Information Officer, Principal Planner/Senior Planner,
Associate/Assistant Planner, Housing Division Manager, Management Analyst II/III, Fire Inspector I/II
2024 – 2021
Alameda County Water
District
Director of Operations and Maintenance, Senior Buyer, Information Technology Manager, Human Resources/Risk Manager, Director of Engineering
2024 – 2023,
2021
Tuesday, August 06, 2024 Reg CC MTG, Page *318
RECRUITMENT SERVICES FOR CITY OF LOMITA
3 Central Marin Sanitation
Agency
Treatment Plant Manager, Lab Analyst, Operator: OIT/I/II/III, Accounting Technician, Administrative Specialist I/II/III, Administrative Services Manager, Mechanical Technician I, Maintenance Supervisor, Electrical and Instrumentation Technician I/II/III
2024 – 2021
City of Bell Accounting Manager 2024
City of East Palo Alto Assistant City Manager, Chief of Police, City Manager 2024 – 2023 City of Hayward Accounting Manager 2024
City of La Mesa Assistant Community Development Director, Risk Manager, Director of Human Resources
2024
City of Menlo Park Assistant Administrative Services Director (Finance), Human Resources Manager 2024 – 2023
City of Ontario Budget Administrator, Accounting Supervisor, Investments & Treasury Officer, Assistant Community Development Director
2024 – 2023
City of Palm Springs Senior Civil Engineer, Fire Chief, City Manager 2024 – 2023 City of Palmdale Deputy Director of Human Resources 2024 City of Palo Alto Water Treatment Plant Manager 2024
City of Patterson Fire Chief, Director of Recreation & Community Services, Director of Finance 2024 – 2022
City of Pomona Development Services Director 2024
City of Rancho Palos
Verdes
Human Resources & Risk Manager, Principal Engineer, Associate Engineer – Utilities (Capital Projects), Associate Engineer – Utilities (Operations), Senior Engineer – Transportation/Traffic (Operations), Senior Engineer – Civil/Roadway (Capital Projects)
2024 – 2023
City of Redlands Director of Human Resources 2024
City of Rialto
Assistant City Manager, Assistant Director of Finance, Director of Community Development, Director of Engineering Services/ City Engineer
2024 – 2022
City of Riverside Deputy Finance Director, Debt & Treasury Manager, Budget Manager 2024 – 2022 City of San Leandro Assistant Finance Director 2024
City of Sanger City Manager 2024
City of Scottsdale, AZ Economic Development Director 2024 City of Tulare Chief Financial Officer 2024
City of Visalia Administrative Services Director 2024
Coachella Valley Water
District
Associate Engineer- Stormwater and Sanitation, Director of Environmental Services 2024 – 2023
County of Riverside Director of Human Resources, Department Public Information Officer I, DEI (Diversity, Equity, and Inclusion) Officer, County Counsel 2024 – 2022 Tuesday, August 06, 2024 Reg CC MTG, Page *319
RECRUITMENT SERVICES FOR CITY OF LOMITA
4 Golden Gate Bridge
Highway &
Transportation District
Senior Electrical Engineer/Construction & Facilities 2024 Irvine Ranch Water
District
Collections Manager, Accounting Supervisor, Senior Human Resources Analyst, Human Resources Analyst 2024 – 2023
Marin/Sonoma
Mosquito & Vector
Control District
District Manager 2024
Metropolitan Water
District of Southern
California
Climate Adaption Planning Program Manager, Conveyance and Distribution Group Manager, Integrated Support Services Group Manager, Treatment and Water Quality Group Manager
2024
Mid-Peninsula Water
District Administrative Services Manager 2024
North County Transit
District Chief People Officer, Chief Executive Officer 2024 Ontario Municipal
Utilities Company Utilities Customer Service Director 2024 Port of Long Beach Director of Security 2024
San Bernardino Superior
Court Human Resources Business Partner 2024
State Bar of CA Chief Information Officer 2024
West Valley Water
District Director of Engineering, Assistant General Manager, General Manager 2024 – 2023 Westlands Water
District General Counsel 2024
California Association of
Sanitation Agencies Manager of Association Services 2023 City of El Monte Director of Human Resources, Chief of Police 2023 – 2022 City of Long Beach Data Center Officer, City Treasurer 2023 – 2022 City of Los Altos Housing Manager 2023
City of Modesto Engineering Division Manager – Utilities, Wastewater Division Manager 2023 – 2022 City of Pasadena Director of Parks, Recreation and Community Services; Director of Library & Information Services; Chief of Police; Controller 2023 – 2022 City of Pittsburg Water Utilities Manager, Assistant City Engineer 2023 City of Richmond
Senior Civil Engineer, Director of Finance, Information Technology Manager, Deputy Director of Community Resources, Employment and Training; Budget Administrator and Accounting Manager
2024 – 2021
City of Salinas Planning Manager, Assistant Finance Director, Senior Civil Engineer, Chief of Police, Finance Director 2023 – 2021
City of San Jose Assistant Chief Information Officer, Chief Information Officer 2023 – 2022 City of Santa Fe Springs City Manager 2023
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RECRUITMENT SERVICES FOR CITY OF LOMITA
5 City of Santa Monica City Engineer, Director of Transportation 2023 City of Signal Hill City Manager 2023
City of Soledad City Manager 2023
City of Vista Director of Engineering, Director of Community Development, Assistant City Manager, Fire Chief 2023
City of West Hollywood Economic Development Director 2023 Contra Costa Water
District
Assistant General Manager (Water Resources, Operations, & Maintenance), Assistant General Manager (Engineering &
Construction), Director of Finance
2023 – 2022
County of San
Bernardino Chief of Homeless Services 2023
East Bay Regional
Park District
Chief of Interpretive & Recreation Services, Chief of Design & Construction, Chief Information Officer 2023 – 2022
Fresno Irrigation District Senior Civil Engineer 2023
Mtn. House Community
Services District Utilities Manager 2023
Mtn. View Sanitary Dist. Chief Plant Operator/Wastewater Operations Manager 2023 Orange Co. Mosquito &
Vector Control District Director of Human Resources 2023 South San Joaquin
Irrigation District Telemetry System Supervisor, Finance and Administration Manager 2023 – 2022 South Tahoe Public
Utility District General Manager 2023
Transportation Corridor
Agencies Chief Capital Program Officer 2023
Valley Sanitary District General Manager 2023
Yolo Transportation
Dist. Director of Finance & Administration 2023
Alameda Housing
Authority Administrative Manager 2022
California Assoc. - Local
Agency Formation
Commissions
Executive Director 2022
Carpinteria Valley Water
District Accountant 2022
City of Berkeley Accounting Manager, Director of Information Services, Director of Engineering 2022 – 2021
City of Calexico Chief of Police, City Manager 2022
City of Cherry
Hills Village, CO Chief of Police 2022
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RECRUITMENT SERVICES FOR CITY OF LOMITA
6 City of Leavenworth City Administrator 2022
City of Oceanside City Manager 2022
City of Oroville Chief of Police 2022
City of Piedmont Communications Program Manager 2022
City of Tracy City Attorney 2022
City of Woodland Park,
CO Chief of Police 2022
County of Imperial Director of Social Services 2022
County of Santa Clara Deputy Director of Parks & Recreation, Director, CEPA; Planning Services Manager 2022 – 2021
County of Sonoma Real Estate Manager 2022 – 2021
Dublin San Ramon
Services District
Wastewater Treatment Plant Operator-in-Training, Electrician I/II, Human Resources Analyst II, Wastewater Treatment Plant Operations Superintendent
2022 – 2021
East Valley Water
District General Manager/Chief Executive Officer 2022
Greater LA County
Vector Control District General Manager 2022
Metro Parks Tacoma Chief Financial and Administrative Officer 2022 Padre Dam Municipal
Water District Engineer Manager- Development Services 2022 Port of Oakland Port Supervising Engineer (Civil), Senior Human Resources Analyst 2022 San Mateo County
Transportation
Auth./Transit District
Executive Officer, Transportation Authority; Manager, Real Estate Capital Project Support and Property Management; Human Resources Manager; District Surveyor, Real Estate; Deputy Director, Transportation Authority; Executive Officer for Civil Rights, Employee & Labor Relations, and Human Resources
2022 – 2021
Santa Barbara
Metropolitan Transit
District
Director of Finance and Administration, Director of Human Resources and Risk 2022
Solano Transportation
Agency Director of Projects, Senior Accountant, Program Coordinator 2022 Stanislaus Animal
Services Agency Director of Animal Services 2022
Stinson Beach County
Water District General Manager 2022
Tahoe Regional Planning
Agency Director of Human Resources & Organizational Development 2022 Tuesday, August 06, 2024 Reg CC MTG, Page *322
RECRUITMENT SERVICES FOR CITY OF LOMITA
7 PROJECT TEAM
Frank Rojas
Recruitment Manager
Frank brings more than thirty (35) years of recruiting experience from the highly competitive direct placement and contracts labor industries and the corporate environment. He has significant experience placing corporate leaders, executive, professional, and technical staff, including individual contributors for the government sector, non-profits, aerospace, architectural and engineering, information technology, petroleum and chemical, energy, power, civil/structural, transportation, and private industry.
Frank began his career in Contract Labor. Over the next 30+ years, he launched seven start-up offices in several states and locations, providing direct placement and contract support to hundreds of clients in virtually all industries and levels of talent. He continued his career in the non-profit environment, managing and building talent acquisition support during significant growth periods. Having been a speaker at several networking and career coaching venues, Frank believes in utilizing traditional recruiting methodology with social media.
In addition to recently completing recruitments for the City of Vista, County of Riverside, City of Riverside, City of Pasadena, and West Valley Water District, recent successful efforts include positions of Economic Development Director, City Manager, Finance Director, County Executive Officer, Director of Human Resources & Development, City Treasurer, DEI Officer, Chief of Police, and Director-level hires for Information Technology, Social Services, Public Works, Community Development, Community Services, Animal Services, and Division/Site General Managers.
Frank has been named in the top 1% viewed profiles on LinkedIn and has established a strong client and customer base through trust, effective recruiting, relationship building, and teamwork.
Chelsea Freeman
Recruiting Supervisor
Chelsea’s professional experience includes almost 20 years in Human Resources which includes both the public and private sectors. She began her HR journey in private-sector manufacturing and then later transitioned to the public sector. Her previous role was as the Classification, Compensation, and HR Operations Manager at California State University, Monterey Bay, where she was responsible for developing and implementing a compensation philosophy for staff and faculty, as well as implementing process improvement efforts within the HR operations. She provided ongoing consultation to executives relating to organizational effectiveness, recruiting, and best practices in hiring which included Diversity and Inclusion training and properly classifying and compensating employees.
Since joining K&A, a Gallagher company, Chelsea has partnered her classification and compensation experience, marketing skills, and recruitment experience to bring a full-service experience to all clients. She currently manages full-cycle recruitments for California public sector agencies including cities, counties, and special districts. She provides supervisory oversight for technical, professional, and management recruitments.
Chelsea earned her B.A. degree in Communications from Sonoma State University.
Amanda Kreller
Executive Recruiter
Amanda brings over twenty (20) years of diverse expertise spanning the public and private sectors with a strong focus on executive search, recruitment process outsourcing, and corporate environments. Throughout her career, she has excelled in identifying and connecting outstanding individuals across all organizational levels, ranging from Tuesday, August 06, 2024 Reg CC MTG, Page *323
RECRUITMENT SERVICES FOR CITY OF LOMITA
8 corporate leaders and executives to professionals, technical experts, and individual contributors. Amanda's unwavering dedication to fostering diversity, equity, and inclusion (DE&I) practices is evident in her commitment to sourcing the most exceptional talent for every unique context.
Amanda's educational background includes a Bachelor of Arts (BA) degree in Marketing and Media Studies from San Diego State University, as well as a Master in Education (MEd) in Elementary Education. She is a certified teacher who began her professional journey in the public school system, teaching grades EC-5. Her passion for education extended to serving as a board member for local private schools.
Drawing on her diverse experiences, Amanda smoothly transitioned into recruiting for government agencies such as City of Los Angeles, City of San Diego, City of Long Beach, City of Laguna Beach as well as companies across a range of industries, including biotechnology, environmental, healthcare, technology, legal, finance, human resources, and marketing.
Amanda has honed her skills in providing innovative solutions and support in areas such as organizational development and management, talent engagement and placement, and process improvement strategies. Her multifaceted background equips her with a unique perspective and enables her to offer valuable insights and guidance in various aspects of talent acquisition and organizational growth.
Peter Smith
Executive Recruiter
Pete brings 18 years of recruiting experience to the table. He has recruited in the public and private sectors in searches spanning nearly every discipline. Examples of his expertise include: executive, director, and professional roles in the public sector; accounting, finance, and treasury; C-Suite positions; private sector director and manager roles generally; and professional roles including legal, accounting/CPA, and healthcare. Further, he has experience in all technical roles, including transportation and public works.
Pete has a Bachelor’s of Science in Business Administration with an emphasis in International Business and has started and led several recruiting offices in California.
Pete’s success as a recruiter is rooted in values, hard work, and determination. He views his role towards candidates as one as a trusted advisor. It is a matter of helping the candidate understand the realities of the industry and market and explaining in detail what the client/employer is looking for, while maintaining appropriate levels of discretion towards all. Regarding clients, a perspective of complete candor is essential. A consultative approach is required whereby the client is assisted in understanding how their needs intersect with the candidate's perspective. Pete employs state-of-art technology in recruiting, including AI tools, but combines this with traditional, high-touch efforts.
Pete prides himself on universal success in unearthing fantastic candidates. His secret is diligence tempered by constant re-evaluation of metrics and results. There is no such thing as a failed search, only a failure of awareness and creativity.
Ember Plummer
Recruitment Coordinator/Project Support
Ember supports the Koff & Associates team as a Recruiting Coordinator/Project Support. Since joining K&A, they have helped to develop efficient processes to streamline recruiting services. They support the recruiting team in a broad range of administrative needs and in preparing reports and documentation for clients. Ember earned their B.A. in English Language & Literature and World Literature from Smith College in Northampton, MA.
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RECRUITMENT SERVICES FOR CITY OF LOMITA
9 PROJECT APPROACH/METHODOLOGY
Our philosophy ensures thorough, thoughtful, and strategic sourcing, evaluation, selection, and vetting of candidates. We reach out directly to potential candidates, referral sources, professional associations, and user groups, etc. by using business media, outreach emails, general advertising, and most importantly picking up the phone and actively calling passive applicants. This strategy also includes focused advertising on websites and in publications specific to women and minority candidates.
K&A will provide weekly progress reports to the City and participate in conference calls and onsite meetings as requested.
We are responsible for ensuring compliance, adhering to, and maintaining all legally mandated documentation throughout the process.
Step 1: Ideal
Candidate Profile
Step 2: Five
Week Window of
Application and
Sourcing
Step 3:
Recommendation
of Candidates
Step 4: Interview
Facilitation
Step 5:
Background,
References, and
Offer
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RECRUITMENT SERVICES FOR CITY OF LOMITA
10 Step 1: Ideal Candidate Profile
Developing the profile for the ideal job candidate for the position is crucial for a successful search process.
We will coordinate with the City in identifying and developing:
The various organizational needs, vision, mission, goals, strengths, challenges, opportunities, and culture of the organization;
Position competency requirements, i.e., knowledge, skills, and abilities; Personal and professional attributes required of and priorities for the new incumbent; Type of working relationship senior leadership desire with the new incumbent; Advertising strategies in conjunction with a national and/or regional outreach campaign; Compensation levels; and
Schedule of deliverables from K&A.
After meeting(s) with the City, there will be a consensus of the key qualifications and characteristics of the position and the process, action plan, and timetable to be utilized for the recruitment process.
Brochure Design & Posting
Following the development of the candidate profile, an eye-catching recruitment brochure will be professionally produced in coordination with the City’s feedback. The brochure will highlight the strengths of the City of Lomita and the surrounding community. The brochure will feature the organizational structure and services of the City, its mission and goals, pertinent facts regarding the position, and necessary and desirable candidate qualifications.
Step 2: Five Week Window of Application & Sourcing
K&A can, at the request of the City, facilitate community surveys or community outreach forums to encourage feedback from residents. A report of resident comments will be provided to the City prior to first-round interviews.
Our effort will include a variety of activities designed to build the best available candidate pool. Our techniques and methodologies allow us to source from extensive pools of potential candidates and referral sources.
In coordination with the City, K&A will:
Identify prospects;
Provide each potential candidate with access to the recruitment brochure; Capture interested candidates in our recruitment project database; and Provide representative data to the City, including candidate documents, interview notes, and an outline of the recruitment process.
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RECRUITMENT SERVICES FOR CITY OF LOMITA
11 Step 3: Recommendation of Candidates
K&A will provide the City with a report of the leading candidates to further narrow the pool to the most highly qualified and establish the best organizational fit of each potential finalist. This screening process is specifically designed to assess the personal and professional attributes the City has identified and will focus on each candidate’s ability, technical competency, and fit with the City’s values, culture, and needs. Our assessment will consist of:
Experience and qualifications;
Cultural fit based on our understanding of essential intangibles; Clarity of any issues identified in the submitted documents; Reasons for position interest,
The level of commitment to the position and the organization; and Other issues, including salary requirements.
Step 4: Interview Facilitation
We will advise and develop interviewing strategies and a menu of questions that will help analyze candidates’ qualifications and management/work styles. We will facilitate all necessary communications with the City and candidates to ensure everyone is well prepared.
Interview questions will elicit information about each candidate’s technical skill set, experience, leadership skills, adaptability, political astuteness, self-awareness, and other important aspects of the ideal candidate profile.
Questions, evaluation tools, and additional materials will be assembled in intuitive and user-friendly interview packets. We will use evaluation criteria agreed to by the City.
The Project Manager will coordinate interviews, interview schedules, and finalize the process. We will provide oversight during the panel interview process and facilitate a focused discussion with the City at the beginning and conclusion of the interviews to identify the most qualified candidate(s) for final interviews.
Step 5: Background, References, and Offer
K&A provides a thorough and quality reference and background check process for our clients. We start by calling candidates’ employment and professional references and having an in-depth discussion, covering their strongest business characteristics, work style, interpersonal skills, and position-specific knowledge. All references will be documented and presented in a concise, user-friendly manner.
Background checks are conducted in coordination with a third-party firm to verify educational degrees and employment records and confirm clear driving records, criminal records, and financial history/credit. Reports can be tailored to clients’ needs upon request. Safety for clients and their communities is our priority, so rest assured that we, as well as our background contract firm, meet or exceed relevant reporting requirements.
K&A can facilitate and lead the negotiations of the final terms and conditions of employment, such as the compensation package, benefits, and other perquisites (perks). We will notify all candidates not selected as finalists for the position.
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RECRUITMENT SERVICES FOR CITY OF LOMITA
12 Project Schedule
The following is a typical schedule for conducting recruitment efforts. Search efforts for executive recruitments generally take twelve to fourteen (12-14) weeks to complete, allowing enough time for all steps of the process and client schedules.
Weeks 2 4 6 8 10 12 14
Step 1
Step 2
Step 3
Step 4
Step 5
K&A Diversity Statement
In 2023, 64% of our placements were women or people of color. We source candidate pools that are representative of our clients’ communities, and we present highly achieved slates of finalists with the same diversity. We use a variety of industry-specific diversity advertising to source a diverse and representative population of candidates. For example, a Fire Chief advertising campaign included posts to International Association of Women in Fire & Emergency Service - Women in Fire, International Association of Black Professional Fire Fighters, Inc., National Association of Hispanic Firefighters, and International EMS & Firefighters Pride Alliance.
This statement serves to reaffirm our commitment to providing equal employment opportunities to all employees and applicants for employment in accordance with equal opportunity and affirmative action laws.
We affirm our personal and official support of these policies, which provide that K&A is committed to implementing the affirmative action policies, programs, and procedures included in this plan to ensure that employment practices are free from discrimination. Employment practices include but are not limited to the following: hiring, promotion, demotion, transfer, recruitment or recruitment advertising, layoff, disciplinary action, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. We will provide reasonable accommodation to applicants and employees with disabilities.
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RECRUITMENT SERVICES FOR CITY OF LOMITA
13 REFERENCES
We are proud of our past recruitment work with clients to successfully place candidates to meet their organization’s needs.
Recruitment & Agency Contact
City of Riverside
DEI (Diversity, Equity, and Inclusion) Officer, Debt & Treasury Manager, Budget Manager
Edward Enriquez, CFO
(951) 826-5972
[email protected]
3900 Main St,
Riverside, CA 92501
City of Palm Springs
Fire Chief, City Manager
Stephanie George
Director of Human Resources
760.323.8217
[email protected]
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
City of Pasadena
Director of Library & Information Services, Chief of Police, Controller, Director of Parks Recreation and Community
Services
Tiffany Jacobs-Quinn, Human Resources Director
(626) 744-4126
[email protected]
100 Garfield Ave,
Pasadena, CA 91101
West Valley Water District
General Manager
Haydee M. Sainz
Human Resources & Risk Manager
(909) 820-3712
[email protected]
855 W. Baseline Rd.
Rialto, CA 92377
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RECRUITMENT SERVICES FOR CITY OF LOMITA
14 PRICING PROPOSAL
• Public Works Director
• Community and Economic Development Director
• Total not-to-exceed professional fee of $24,000 per recruitment, which includes all professional services and expenses, including brochure development and design, advertising, printing and shipping, associated consultant travel if required, and background. o (This includes a discount of $1,000 per recruitment if both are undertaken concurrently). • Invoices will be billed monthly in four equal increments of $6,000 per recruitment. • Total fee for two concurrent recruitments will be $48,000 (discounted from $50,000). o Fee for one recruitment individually will be $25,000.
Note: Expenses do not include candidate travel.
Optional: Recruitment Video
In addition to the standard recruitment brochure, K&A can develop a Recruitment Video to better highlight the positive elements of the organization and community. These videos have proven to attract more job seekers and effectively expand the talent pool. Videos run approximately three-minutes in length and highlight the workplace environment, local landscape, and include interviews with selected staff. This video is optional and costs $4,000.
Placement Guarantee
K&A is committed to recommending only the most qualified candidates who meet all the necessary requirements and qualifications and are also a cultural fit for the City. We proactively recruit for each search effort until a successful candidate is placed.
Therefore, we promise to present to the City a selective pool of candidates that met or exceeded our standards during the thorough screening processes and have been identified as ideal matches for the position. Should the City disapprove of all final candidates or should none pass the final interview and reference check process, we will work to find a new slate of candidates at no added cost, with the possible exception of necessary advertising.
In addition, for full recruitments for executive and mid-management positions, should the incumbent leave the position or be terminated from employment within 12 months of hire due to performance issues, we commit to conducting a one-time additional executive search to identify a replacement and only charge related expenses as described in the Pricing Proposal.
Overall, K&A’s retention rate during the first 12 months of hire is robust and has been above 95% over the last several years.
Projects
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RECRUITMENT SERVICES FOR CITY OF LOMITA
15 PROFESSIONAL SERVICES AGREEMENT ACKNOWLEDGEMENT
We will be pleased to sign the City’s professional services agreement for recruitment services, however we respectfully request that the City will allow for a period of negotiation of certain terms in the professional services contract related to liability, indemnity, insurance, and other terms. We have found that we have always come to an agreement with all of our clients in the past and appreciate the City’s flexibility in reviewing certain terms in a collaborative fashion between our legal counsels.
INSURANCE ACKNOWLEDGEMENT
Gallagher shall at all times during the term of this Agreement and for a period of two (2) years thereafter, obtain and maintain in force the following minimum insurance coverages and limits at its own expense:
Commercial General Liability (CGL) insurance on an ISO form number CG 00 01 (or equivalent) covering claims for bodily injury, death, personal injury, or property damage occurring or arising out of the performance of this Agreement, including coverage for premises, products, and completed operations, on an occurrence basis, with limits no less than $2,000,000 per occurrence; Workers Compensation insurance with statutory limits, as required by the state in which the work takes place, and Employer’s Liability insurance with limits no less than $1,000,000 per accident for bodily injury or disease. Insurer will be licensed to do business in the state in which the work takes place; Automobile Liability insurance on an ISO form number CA 00 01 covering all hired and non-owned automobiles with limit of $1,000,000 per accident for bodily injury and property damage; Umbrella Liability insurance providing excess coverage over all limits and coverages with a limits no less than $10,000,000 per occurrence or in the aggregate;
Errors & Omissions Liability insurance, including extended reporting conditions of two (2) years with limits of no less than $5,000,000 per claim, or $10,000,000 in the aggregate; Cyber Liability, Technology Errors & Omissions, and Network Security & Privacy Liability insurance, including extended reporting conditions of two (2) years with limits no less than $2,000,000 per claim and in the aggregate, inclusive of defense cost; and
Crime insurance covering third-party crime and employee dishonesty with limits of no less than $1,000,000 per claim and in the aggregate.
All commercial insurance policies shall be written with insurers that have a minimum AM Best rating of no less than A-VI, and licensed to do business in the state of operation. Any cancelled or non-renewed policy will be replaced with no coverage gap, and a Certificate of Insurance evidencing the coverages set forth in this section shall be provided to Client upon request.
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RECRUITMENT SERVICES FOR CITY OF LOMITA
16 SIGNATURE PAGE
We thank you for your consideration of our proposal. We are committed to providing high-quality service and investing in a long-term partnership.
This proposal is valid for ninety (90) days.
Respectfully submitted,
By: KOFF & ASSOCIATES
State of California
Frank Rojas Date: May 23, 2024
Recruitment Manager
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CITY OF LAWNDALE
Director of
Public Works/
City Engineer
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➤ THE HEART OF THE SOUTH BAY
The City of Lawndale is located in the southwestern region of Los Angeles County, California.
This “Heart of the South Bay” city is situated in the South Bay area, approximately fifteen miles southwest of downtown Los Angeles and five miles east of the Pacific Ocean. The city borders Hawthorne to the northwest, Redondo Beach to the west, and Torrance to the southwest.
Lawndale is easily accessible via major roadways, including the San Diego Freeway (I-405) and the Pacific Coast Highway (California State Route 1). Lawndale is comprised of predominately single-family homes, encompassing 1.97 square miles, with a population of approximately 32,000 residents.
Founded in 1905 and incorporated in 1959, Lawndale has transformed from a rural community to a blossoming suburban community with residential neighborhoods, schools, parks, and commercial areas that caters to the needs of the community. These establishments contribute to the local economy and add to the overall character of Lawndale. Lawndale, a diverse, vibrant close-knit community offers various community services, including law enforcement, public works, recreation, and community outreach programs.
➤ GOVERNANCE
The City has a council-manager form of government with an elected Mayor, four Councilmembers, and a full-time appointed City Manager. The City is a contract city with police and fire services provided by the County of Los Angeles. There are about 60 full and part-time City staff to provide other City services.
To learn more about the City of Lawndale, visit the City’s website at: www.lawndalecity.org ➤ THE DEPARTMENT
The Public Works Department of the City of Lawndale is dedicated to maintaining and improving the quality of life in Lawndale by promoting, building, improving, and maintaining municipal infrastructure and protecting the health and safety of the community.
It’s professional, technical, clerical and skilled operations fall within four (4) service areas: Administration, Engineering, Street Maintenance, and Grounds Maintenance.
The Department’s responsibilities include developing and managing the fiscal operations of the department; routine maintenance of City streets and sidewalks; custodial, carpentry, plumbing, electrical, and painting services; providing project management services for the design and construction of the City’s Capital Improvement Program; including maintaining the integrity of public rights-of-way through inspection services for repairs, construction, and other work in the right-of-way.
The Public Works Department contracts services such as street sweeping, solid waste and recycling, storm drain maintenance, traffic striping and markings, traffic signal operation and maintenance, bridge soffit light repairs, flood control, traffic and transportation, sewer maintenance, tree, land development, and landscape maintenance. The department has an internal staff of 20 employees, including the Director.
The Mission of the
Public Works Department:
“We are dedicated to maintaining
and improving the quality of life in
the city by planning for future needs;
promoting environmental quality;
building and maintaining municipal
and public infrastructure and
protecting health and safety.”
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➤ THE POSITION
Appointed by the City Manager, the Director of Public Works / City Engineer supervises, plans, organizes, directs, and administers the activities and operations of the City’s Public Works Department.
The hands-on position has full responsibility for providing direction and oversight for the department’s key operational areas which includes engineering, street, building and landscape maintenance, and contract administration. This position also serves as the City Engineer and administers the city’s public works engineering programs; reviews, evaluates and develops work products, methods, policies and procedures.
Duties include:
• Review and evaluate engineering plans, drawings, estimates and preliminary reports for construction and improvement projects for final approval.
• Monitor workflow and oversee and monitor the department’s budget and direct the forecast of additional funds needed for projects, staffing, equipment, materials and supplies.
• Respond to and resolve difficult and sensitive inquiries and complaints.
• Oversee public works capital improvement projects, designs and construction, and quality control including civil and traffic engineering, municipal public works street design, subdivisions, parcel maps, grading, plan check, traffic light signal, graffiti, weed abatement, and water and sewer systems.
• Negotiate, execute and administer a variety of contracts and agreements, review and interpret government regulations and requirements, and prepare and provide reports as required. ➤ THE IDEAL CANDIDATE
The City of Lawndale is seeking a leader with strong management, organizational and communication skills with a proven track record of effectively overseeing capital improvement projects and public works operations. The City is seeking a knowledgeable and skilled professional with admirable integrity and dedication to achieving specific objectives to improve the overall performance and effectiveness of the Department’s service delivery, while providing exemplary municipal customer service to City residents, businesses, and visitors.
Key Attributes and Characteristics
Successful candidates must have strong management,
organization, supervision and open communication skills and a dedication to bring best practices and departmental efficiencies as well as, but not limited to the following:
• A strong leader with the willingness and ability to respond quickly to resident complaints and issues. A problem-solver with a hands-on style of management, the ability to muti-task, and to adapt to changing priorities.
• A proactive manager with community awareness, sees
a problem and addresses it with staff for clear and quick resolution.
• Political astuteness. A versatile personality who acknowledges criticism without taking it personally, engages openly with different audiences, and can bring about successful resolutions. • Possesses a passion for public service and pursues professional success and efficiencies in alignment with the mission and vision of the City of Lawndale.
• A collaborative supervisory style willing to encourage and actively listen to the ideas of others.
• An energetic communicator who values the experience and knowledge of the City’s Central Management Team.
• A leader that can develop and manage a culture
professionalism, mutual respect, and create a team-oriented high performing working environment.
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➤ MINIMUM QUALIFICATIONS
An equivalent combination of education and experience that demonstrates possession of the requisite knowledge, skills and abilities is qualifying. • A bachelor’s degree from an accredited college or university with major course work in civil engineering or related field.
• A master’s degree is highly desirable.
• Six (6) consecutive years of increasingly responsible experience managing a diverse public works department.
• Two (2) years supervising, managing and/or directing a division or department.
• Registration as a Professional Engineer and/or Land Surveyor in the state of California is required.
➤ COMPENSATION AND BENEFITS
The salary range for this position is $155K - $189K depending on experience. The City offers a 5% pay increase for a P.E. certification.
The City also offers an excellent benefit package, as follows, but not limited to:
RETIREMENT – The City contracts with the California Public Employee’s Retirement System (CalPERS) to provide retirement benefits for eligible employees. The City offers 2%@55 formula for “classic members” and 2%@62 formula for “new members,” in compliance with Public Employees’ Pension Reform Act 2013 (PEPRA). The City does not participate in Social Security.
DEFERRED COMPENSATION – The City offers a 457 defined contribution supplemental retirement plans. Employees who participate are able to receive a City contribution match of up to $7750 per fiscal year.
HEALTH BENEFITS – The City provides extensive health contributions ($1,080.36 per month) towards medical, dental and vision premiums. The City also provides an employee assistance program, group term life insurance ($100,000) and long-term disability. An IRS Section 125 Flexible spending account also available.
LEAVES AND HOLIDAYS – The City provides annual vacation and sick leave, that is accrued and based on years of service. The City also provides prorated Executive Leave benefits and varying number of Floating Holidays, as a result of the various work schedules provided by the City.
WORK SCHEDULE – The City offers varying work schedules to include 5/40, 9/80 and 4/10 work schedules.
City Hall is open Monday through Thursday 7:00 a.m. to 6:00 p.m., although many facilities operate during evenings and weekends. The Director of Public Works/ City Engineer may be required to work various hours, to include evenings, weekends and holidays, to meet operation needs.
For more specific compensation plan information, please visit the City’s website at ww.lawndalecity.org and search for the Central Management Team Salary Resolution.
All employees are designated disaster service workers in the event of an emergency or natural disaster. The City of Lawndale and its employees are required to comply with any state or County Public Health Orders. ➤ APPLICATION PROCESS
The final filing date is Monday, June 3, 2024.
To be considered, please submit a resume, cover letter, and five work related references (who will not be contacted in the early stages of the recruitment) to: https://koffassociates.com/lawndale-dir-public-works-city-eng/ .
Resumes should reflect years and months of positions held. For additional information, please contact:
Frank Rojas
Phone (510) 495-0448
[email protected]
Website: https://koffassociates.com/
Resumes will be screened based on the criteria outlined in this brochure. Candidates with the most relevant qualifications will be given preliminary interviews by the consultant. Koff & Associates will report the results to the City. The City will then select candidates to participate in City interviews. Extensive reference and background checks will be completed on the selected candidate.
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CITY OF LOMITA
CITY COUNCIL REPORT
TO: City Council
FROM: Andrew Vialpando, City Manager
PREPARED BY: Deborah Dixon, Human Resources Manager
MEETING DATE: June 4, 2024
SUBJECT: Agreement with Koff & Associates to Provide Executive Recruitment Services for Public Works Director and Community and Economic Development Director; and an Agreement with Willdan for CIP/Water-Related Project Management and Public Works
Operational Analysis and Revision of the Public Works Director Job Classification Specifications
RECOMMENDATION
Authorize the City Manager to enter into an agreement with Koff & Associates for Executive Recruitment Services for an amount not to exceed $48,000; approve the revised Public Works Director Job Classification Specifications; and authorize the City Manager to enter into an agreement with Willdan to provide CIP/Water-Related Project Management and Public Works Operational Analysis in an amount not to exceed $65,688.
DISCUSSION
The City’s incumbent Public Works Director recently submitted their resignation, effective June 7, 2024. Additionally, the Community and Economic Development Director has also resigned, effective July 26, 2024.
Staff recommends that the City retain the services of a consulting firm with executive recruiting experience to attract, evaluate, and recommend top candidates for the positions of Public Works Director and Community and Economic Development Director. After receiving and reviewing several proposals from various recruiting firms, staff is confident that Koff & Associates has the necessary skills and expertise to successfully recruit a new Public Works Director and a Community and Economic Development Director. Koff & Associates is a recruitment firm with over 38 years of experience in recruiting executive level talent. Koff & Associates previously conducted the city’s compensation and classification study in 2022.
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Tuesday, August 06, 2024 Reg CC MTG, Page *337
Koff & Associates has successfully filled various executive level positions for over 100 local government agencies and special districts throughout the state. Their work includes executive and mid-management recruitment and classification and compensation studies. Koff & Associates’ recruiters possess the knowledge and experience to assist the City in identifying, targeting, and recruiting highly qualified candidates for the City of Lomita. Their recruiters have a combined 93 years of recruiting experience in both the public and private sector and pride themselves in transparency, flexibility, and quality work.
Should the City Council approve the attached agreement, Koff & Associates is ready to commence the process of searching for a Public Works Director and a Community and Economic Development Director immediately. It is anticipated the recruitment process will take approximately 12 to 14 weeks to complete. If the City is unsuccessful in finding a replacement candidate, Koff and Associates will work to find a new slate of candidates at no added cost, except advertising. Additionally, should the incumbent leave the position or be terminated from employment within 12 months of hire due to performance issues, Koff & Associates will commit to conducting a one-time additional executive search to identify a replacement and only charge related expenses as described in the pricing proposal would be incurred.
Update to the Public Works Director Job Classification
Historically, the City has employed Public Works Directors with Professional Engineer (PE) licenses from the State. For the past several years, cities across the state have had difficulty in recruiting for this position, a challenge which has been confirmed by the executive recruiting firms that were consulted for this task. One of the reasons for the difficulty in recruiting for Public Works Directors with PE certification is due to the highly technical and narrow specifications of the classification. It is becoming more common for municipal agencies to employ a non-PE Public Works administrators who serve more as project managers over general areas, including capital improvement projects and personnel. Modifying the specifications of the Public Works Director job classification candidate to remove PE as a requirement will expand the pool of qualified candidates, resulting in a high probability of a successful recruitment. Therefore, staff recommends that the specifications for the Public Works Director job classification be amended to remove the requirement for a PE and reduce the minimum work experience from ten years to eight years and management experience from five years to three years.
Public Works Capital Improvement Project Assistance
With the departure of the Public Works Director, there is a need to keep current capital improvement projects moving along, particularly the Cypress Water Production Facility GAC project and other critical street/water CIPs. It is recommended that the City retain the services of Willdan, a highly qualified engineering firm, to provide CIP/Wate-related project management for a period of approximately three months. Their scope of work will also include an efficiency assessment of the Public Works Department’s operations.
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FISCAL IMPACT
Consultant costs to conduct an executive recruitment for both a Public Works Director and a Community and Economic Development Director are not to exceed $48,000 ($24,000 for each). This fee includes all professional services and expenses, including brochure development and design, advertising, printing and shipping, associated consultant travel if required, and background. A discount of $2,000 was provided to conduct two recruitments.
The Agreement with Willdan for CIP/Water-Related Project Management and Public Works Operational Analysis is for an amount not to exceed $65,688 and would be funded from general/water fund surplus within the Public Works Department budget.
ATTACHMENTS
1. Agreement with Proposal (Exhibit A) from Koff & Associates
2. Revised Public Works Director Job Classification
3. Redline Public Works Director Job Classification
4. Agreement with Willdan
Reviewed by: Approved by:
_____________________ _______________________
Gary Y. Sugano Andrew Vialpando
Assistant City Manager City Manager
Prepared by:
Deborah Dixon
Human Resources Manager
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1 TO: City Council
FROM: Andrew Vialpando, City Manager
PREPARED BY: Montserrate Gastelum, Administrative Analyst MEETING DATE: August 6, 2024
SUBJECT: Agreement with Joe A. Gonsalves and Son to Provide Legislative Advocacy Services
RECOMMENDATION
Approve a Second Amendment with Joe A. Gonsalves and Son to provide Legislative Advocacy Services on behalf of the City in an amount not to exceed $36,000 per year.
BACKGROUND
Joe A. Gonsalves and Son (Gonsalves) have provided legislative advocacy on behalf of local agencies since 1975, and have an extensive history and knowledge working with the legislature to represent the needs of local communities. Their efforts have helped to secure legislative amendments and funding for local agencies across the State of California.
In late 2019, the City contracted with Gonsalves to support our legislative efforts and act as our representative to the California Legislature and the State agencies. Specifically, the City worked with Gonsalves to advocate for the City’s water system and its upcoming projects to upgrade the system. Since that time, the City has also engaged Gonsalves to convey the City’s position on various housing, economic development, water program, COVID-19, public safety and many other related bills moving through the State legislature, as the City by itself does not have resources to monitor and support those efforts.
On March 16, 2021 the City Council approved an Agreement with Joe A. Gonsalves and Son to provide Legislative Advocacy Services on behalf of the City. The initial term of the agreement with Gonsalves and Son was for one year with an option to extend by an additional one-year period. The Agreement expired on June 30,2023 and due an administrative oversight, the terms were unintentionally not extended as prescribed in the
CITY OF LOMITA
CITY COUNCIL REPORT
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2 provisions of the Agreement. As a ministerial action, staff is recommending that the City Council approve the proposed Amendment to extend the terms of the Agreement to expire June 30, 2026, with the option to extend for two additional one-year terms, subject to the approval of the City Manager.
FISCAL IMPACT
As with prior Agreement, the proposed Amendment to the Agreement with Gonsalves will not exceed an annual amount of $36,000. This amount is appropriated in the FY 24-25 Adopted Budget.
OPTIONS
1. Approve the attached resolutions as recommended.
2. Provide staff with further direction.
ATTACHMENTS
1) Amendment to Agreement with Joe Gonsalves and Son
Reviewed by: Approved by:
_______________________ ______________________
Gary Y. Sugano Andrew Vialpando
Assistant City Manager City Manager
Prepared by:
__________________________
Montserrate Gastelum, Administrative Analyst
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CONTRACT FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF LOMITA AND JOE A. GONSALVES AND SON