8B
Date: October 21, 2025
To: Honorable Mayor and Members of the City Council
From: Craig Bilezerian, Public Works Director
By: Helen Shi, Engineering Manager | [email protected] Subject: Public Works – Award a Consulting Services Agreement for the Design of Hawthorne Blvd Right-Turn Lanes at Lomita Blvd and at 182nd St, T-196.
Expenditure: $315,400 (Non-General Fund).
RECOMMENDATION
Recommendation of the Public Works Director that City Council award a consulting services agreement to Onward Engineering of Anaheim, CA (RFP B2025-15), in the amount of $315,400, for engineering design services for Hawthorne Blvd Right-Turn Lanes at Lomita Blvd and at 182nd St, T-196 for a two-year period beginning October 21, 2025 and ending October 20, 2027.
FUNDING
Funding Source Amount
Hawthorne Blvd Right-Turn Lanes at Lomita Blvd and 182nd St, T-196 – Measure M Grant (Non-General Fund) $ 283,860
Hawthorne Blvd Right-Turn Lanes at Lomita Blvd and 182nd St, T-196 – Measure M Local Return (Non-General Fund) $ 31,540
Total $ 315,400
DISCUSSION
In the City of Torrance, Hawthorne Blvd (SR-107) is an eight-lane conventional highway (four lanes in each direction) running north/south from Pacific Coast Highway (SR-1) to Redondo Beach Blvd at the boundary with the City of Lawndale, owned and maintained by Caltrans. It serves as a major arterial through an area primarily occupied by industrial and commercial uses.
At many intersections, the curb lane functions as a shared through/right-turn lane, which negatively impacts intersection capacity and traffic circulation, specifically when right-turning vehicles are yielding to pedestrians, and the result is a delay to through traffic. The South Bay Coastal Corridor Initiative (2001–2003) identified Hawthorne Blvd as a key arterial corridor experiencing significant congestion.
In 2014, the City commissioned the preparation of a Project Study Report (PSR) for the Hawthorne Blvd Corridor to assess traffic conditions, identify circulation deficiencies, and develop alternatives for improvements on Hawthorne Blvd at four intersections, including Lomita Blvd, 1 City Council
October 21, 2025
Emerald St, Spencer St, and 182nd St. The PSR determined the existing shared through and right-turn curb lanes on northbound Hawthorne Blvd at 182nd St and at Lomita Blvd limit the overall capacity of the roadway and the intersections.
In 2022, the City secured a $1,000,000 Measure M grant for the Hawthorne Blvd Right-Turn Lanes Project, T-196. The grant requires a 10% local fund match, of which the City will use Measure M Local Return funds previously appropriated to the T-196 Project. The T-196 Project will construct dedicated northbound right-turn lanes at Hawthorne Blvd/Lomita Blvd and at Hawthorne Blvd/182nd St, along with traffic signal upgrades and ADA improvements at both intersections.
These improvements will reduce congestion, increase intersection capacity, enhance traffic flow and signal operations, and improve overall safety for all users.
A Request for Proposals (RFP) for engineering design services for the T-196 Project was issued in June 2025, and three proposals were received by July 2, 2025. The RFP included defined, weighted evaluation criteria. Each proposal was independently reviewed and scored by a three- member City staff evaluation team. The individual scores were averaged to determine the final rankings, which were posted on the City Clerk’s website at least two weeks prior to tonight’s Council meeting. All participating vendors were notified of the results. Below is a summary of the established rating criteria, maximum points and corresponding points and score for each vendor:
AVERAGE POINTS
DESCRIPTION MAXIMUM
POINTS
JMC2
Onward Engineering
H.W. Lochner
Firm/project team qualifications 20 18 18 19
Relevant project experience 20 18 19 19
Cost and Cost Effectiveness 20 19 19 15
Project understanding and
approach 20 18 19 19
Project timeline and deliverables 20 16 18 16
Total Score: 100 89 93 88
Upon completion of the proposal review process, staff conducted reference checks and negotiated with the highest-scoring consultant, Onward Engineering, to reduce the proposed fees.
As a result, Onward Engineering reduced their proposal by $23,850, bringing the final negotiated design fee to $315,400.
2 City Council
October 21, 2025
The table below summarizes the final ranking of each vendor, including their location, evaluation score, and proposed fee:
VENDOR EVALUATION
RANK VENDOR NAME CITY STATE SCORE PROPOSED FEE
1 Onward Engineering Anaheim CA 93 $315,400*
2 JMC2 San Pedro CA 89 $318,235
3 H. W. Lochner Monterey Park CA 88 $498,685
*negotiated price
Onward Engineering is being recommended as the most qualified firm for this project. Their extensive experience with similar projects, along with an efficient schedule and appropriate level of staff effort, indicates that the engineering design services will meet the requirements of the RFP and City standards. Accordingly, the Public Works Director recommends approval of a Consulting Services Agreement with Onward Engineering in the amount of $315,400.
Design is expected to be completed in fall 2027. Following completion of the design, staff will seek additional grant funding for the construction phase, based on the engineering cost estimate. More information about this project and other active infrastructure projects is available on the City’s Public Works website at https://www.torranceca.gov/our-city/capital-improvement-projects .
ATTACHMENTS
1. Location Map
2. Consulting Services Agreement
3 LOMITA BLVD
HAWTHORNE BLVD HAWTHORNE BLVD
182ND ST.
CITY OF TORRANCE- PUBLIC WORKS DEPARTMENT
HAWTHORNE BOULEVARD RIGHT-TURN LANES AT
LOMITA BOULEVARD AND 182ND STREET, T-196
PROJECT LOCATION MAP
N
PUBLIC WORKS
CRAIG BILEZERIAN
PUBLIC WORKS DIRECTOR
LEGEND
PROJECT LOCATIONS
CITY LIMIT
Attachment 1
4 1
CONSULTING SERVICES AGREEMENT
This CONSULTING SERVICES AGREEMENT (“Agreement”) is made and entered into as of October 21, 2025 (the “Effective Date”), by and between the CITY OF TORRANCE, a municipal corporation (“CITY”), and ONWARD ENGINEERING, a California Corporation (“CONSULTANT”).
RECITALS:
A. CITY wishes to retain the services of an experienced and qualified CONSULTANT to perform engineering design services.
B. In order to obtain the desired services, CITY has circulated its Request for Proposal for Engineering Design Services for Hawthorne Boulevard Right-Turn Lanes at Lomita Boulevard and 182nd Street, T-196, RFP No. B2025-15 (the “RFP”).
C. CONSULTANT has submitted a Proposal (the “Proposal”) in response to the RFP. In its Proposal CONSULTANT represents that it is qualified to perform those services requested in the RFP. Based upon its review of all proposals submitted in response to the RFP, CITY is willing to award this Agreement to CONSULTANT.
AGREEMENT:
1. SERVICES TO BE PERFORMED BY CONSULTANT
CONSULTANT will provide the services and install those materials listed in CONSULTANT’s Proposal submitted in response to the RFP. A copy of the RFP is attached as Exhibit A. A copy of the Proposal is attached as Exhibit B.
CONSULTANT warrants that all work and services set forth in the Proposal will be performed in a competent, professional and satisfactory manner.
2. TERM
Unless earlier terminated in accordance with Paragraph 4 below, this Agreement will continue in full force and effect from the Effective Date through October 20, 2027.
3. COMPENSATION
A. CONSULTANT’s Fee.
For services rendered pursuant to this Agreement, CONSULTANT will be paid in accordance with the Compensation Schedule set forth in the Proposal; provided, however, that in no event will the total amount of money paid CONSULTANT, for services initially contemplated by this Agreement, exceed the sum of $315,400.00 (“Agreement Sum”), unless otherwise first approved in writing by CITY.
Attachment 2
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B. Schedule of Payment.
Provided that CONSULTANT is not in default under the terms of this Agreement, upon presentation of an invoice, CONSULTANT will be paid the fees described in Paragraph 3.A. above, according to the Compensation Schedule. Payment will be due within 30 days after the date of the invoice.
4. TERMINATION OF AGREEMENT
A. Termination by CITY for Convenience.
1. CITY may, at any time, terminate the Agreement for CITY’s convenience and without cause.
2. Upon receipt of written notice from CITY of such termination for CITY’s convenience, CONSULTANT will:
a. cease operations as directed by CITY in the notice;
b. take actions necessary, or that CITY may direct, for the protection and preservation of the work; and
c. except for work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders.
3. In case of termination for CITY’s convenience, CONSULTANT will be entitled to receive payment for work executed, together with costs incurred by reason of the termination, along with reasonable overhead and profit on work not executed.
B. Termination for Cause.
1. If either party fails to perform any term, covenant or condition in this Agreement and that failure continues for 15 calendar days after the nondefaulting party gives the defaulting party written notice of the failure to perform, this Agreement may be terminated for cause; provided, however, that if during the notice period the defaulting party has promptly commenced and continues diligent efforts to remedy the default, the defaulting party will have such additional time as is reasonably necessary to remedy the default.
2. In the event this Agreement is terminated for cause by the default of CONSULTANT, CITY may, at the expense of CONSULTANT
and its surety, complete this Agreement or cause it to be completed. Any check or bond delivered to the CITY in connection 6 3
with this Agreement, and the money payable thereon, will be forfeited to and remain the property of the CITY. All moneys due CONSULTANT under the terms of this Agreement will be retained by CITY, but the retention will not release CONSULTANT and its surety from liability for the default. Under these circumstances, however, CONSULTANT and its surety will be credited with the amount of money retained, toward any amount by which the cost of completion exceeds the Agreement Sum and any amount
authorized for extra services.
3. Termination for cause will not affect or terminate any of the rights of CITY as against CONSULTANT or its surety then existing, or that may thereafter accrue because of the default; this provision is in addition to all other rights and remedies available to the CITY under law.
C. Termination for Breach of Law.
In the event CONSULTANT or any of its officers, directors, shareholders, employees, agents, subsidiaries or affiliates is convicted (i) of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of a contract or subcontract; (ii) under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty that currently, seriously, and directly affects responsibility as a public consultant or CONSULTANT; (iii) under state or federal antitrust statutes arising out of the submission of bids or proposals; or (iv) of violation of Paragraph 19 of this Agreement; or for any other cause CITY determines to be so serious and compelling as to affect CONSULTANT’s responsibility as a public consultant or CONSULTANT, including but not limited to, debarment by another governmental agency, then CITY reserves the unilateral right to terminate this Agreement or to impose such other sanctions (which may include financial sanctions, temporary suspensions or any other condition deemed appropriate short of termination) as it deems proper. CITY will not take action until CONSULTANT has been given notice and an opportunity to present evidence in mitigation.
5. FORCE MAJEURE
If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party’s performance will be excused for a period equal to the period of that cause for failure to perform.
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6. RETENTION OF FUNDS
CONSULTANT authorizes CITY to deduct from any amount payable to CONSULTANT (whether or not arising out of this Agreement) any amounts the payment of which may be in dispute or that are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY, and all amounts for which CITY may be liable to third parties, by reason of CONSULTANT’s acts or omissions in performing or failing to perform CONSULTANT’s obligations under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by CONSULTANT, or any indebtedness exists that appears to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of CITY to exercise the right to deduct or to withhold will not, however, affect the obligations of CONSULTANT to insure, indemnify, and protect CITY as elsewhere provided in this Agreement.
7. CITY REPRESENTATIVE
Helen Shi is designated as the “City Representative,” authorized to act in its behalf with respect to the work and services specified in this Agreement and to make all decisions in connection with this Agreement. Whenever approval, directions, or other actions are required by CITY under this Agreement, those actions will be taken by the City Representative, unless otherwise stated. The City Manager has the right to designate another City Representative at any time, by providing notice to CONSULTANT.
8. CONSULTANT REPRESENTATIVE(S)
The following principal(s) of CONSULTANT are designated as being the principal(s) and representative(s) of CONSULTANT authorized to act in its behalf with respect to the work specified in this Agreement and make all decisions in connection with this Agreement:
Majdi Ataya, President
Muhammad Ataya, Vice President
9. INDEPENDENT CONTRACTOR
CONSULTANT is, and at all times will remain as to CITY, a wholly independent contractor. Neither CITY nor any of its agents will have control over the conduct of CONSULTANT or any of CONSULTANT’s employees, except as otherwise set forth in this Agreement. CONSULTANT’s agents and employees are not and shall not be considered employees of CITY for any purpose. CONSULTANT may 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. CITY has no duty, obligation, or responsibility to CONSULTANT’s agents or employees under the Affordable Care Act. CONSULTANT is solely responsible for any tax penalties associated with the failure to offer affordable coverage to its agents and 8 5
employees under the Affordable Care Act and any other liabilities, claims and obligations regarding compliance with the Affordable Care Act with respect to CONSULTANT’s agents and employees. CITY is not responsible and shall not be held liable for CONSULTANT’s failure to comply with CONSULTANT’s duties, obligations, and responsibilities under the Affordable Care Act. CONSULTANT agrees to defend, indemnify and hold CITY harmless for any and all taxes and penalties that may be assessed against CITY as a result of CONSULTANT’s obligations under the Affordable Care Act relating to CONSULTANT’s agents and employees.
10. BUSINESS LICENSE
CONSULTANT must obtain a City business license prior to the start of work under this Agreement, unless CONSULTANT is qualified for an exemption.
11. OTHER LICENSES AND PERMITS
CONSULTANT warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this Agreement.
12. FAMILIARITY WITH WORK
By executing this Agreement, CONSULTANT warrants that CONSULTANT (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services required under this Agreement. If the services involve work upon any site, CONSULTANT warrants that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the services set forth in this Agreement.
Should CONSULTANT discover any latent or unknown conditions that will materially affect the performance of the services set forth in this Agreement, CONSULTANT must immediately inform CITY of that fact and may not proceed except at CONSULTANT’s risk until written instructions are received from CITY.
13. CARE OF WORK
CONSULTANT must adopt reasonable methods during the term of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and other components to prevent losses or damages, and will be responsible for all damages to persons or property, until acceptance of the work by CITY, except those losses or damages as may be caused by CITY’s own negligence.
14. CONSULTANT’S ACCOUNTING RECORDS; OTHER PROJECT RECORDS Records of CONSULTANT’s time pertaining to the project, and records of accounts between CITY and CONSULTANT, will be kept on a generally recognized accounting basis. CONSULTANT will also maintain all other records, including without limitation, specifications, drawings, progress reports and the like, relating to the work and services identified in Exhibit A. All records will be available to CITY during normal working hours. CONSULTANT will maintain these records for three years after final payment.
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15. INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless Agency and any and all of its officials, officers, employees, agents, successors, and volunteers ("Indemnified Parties") from and against any and all claims, actions, lawsuits, arbitration proceedings, losses, liabilities, damages, costs and expenses, including attorney's fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT's duty to defend any claim, action, lawsuit, or arbitration proceeding (collectively, “Claim”) shall consist of reimbursement of defense costs incurred by Agency in direct proportion to the CONSULTANT's proportionate percentage of fault concerning such Claim.
Notwithstanding the previous sentence: (1) in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business then the design professional shall meet and confer with other parties regarding unpaid defense costs and shall be liable for any such defense costs allowable by law; (2) CONSULTANT’s duty to defend any Claim shall consist of reimbursement of all defense costs where a project-specific general liability policy insures all project participants for general liability exposures on a primary basis and also covers all design professionals for their legal liability arising out of their professional services on a primary basis.
16. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No officer or employee of CITY will be personally liable to CONSULTANT, in the event of any default or breach by the CITY or for any amount that may become due to CONSULTANT.
17. INSURANCE
A. CONSULTANT and its subCONSULTANTs must maintain for the duration of the Agreement at their sole expense the following insurance, which will be full coverage, not subject to self-insurance provisions:
1. Automobile Liability, including owned, non-owned and hired vehicles, with at least the following limits of liability:
a. Primary Bodily Injury with limits of at least $500,000 per person, $1,000,000 per occurrence; and
b. Primary Property Damage of at least $250,000 per
occurrence; or
c. Combined single limits of $1,000,000 per occurrence.
2. Commercial General Liability including coverage for premises, products and completed operations, independent
CONSULTANTs/vendors, personal injury and contractual
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obligations with combined single limits of coverage of at least $2,000,000 per occurrence, $4,000,000 aggregate.
3. Workers' Compensation coverage as required by the Labor Code of the State of California and, if workers' compensation is required, employer's liability insurance with minimum limits of ($1,000,000) per occurrence or occupational illness. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONSULTANT, its employees, agents and subcontractors.
4. Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $2,000,000 per occurrence or claim, $4,000,000 aggregate.
B. The insurance provided by CONSULTANT will be primary and non- contributory.
C. CITY, the Successor Agency to the Former Redevelopment Agency of the City of Torrance, the City Council and each member thereof, members of boards and commissions, every officer, agent, official, employee and volunteer must be named as additional insureds under the automobile and general liability policies. Coverage can be provided in the form of an endorsement to the CONSULTANT’s insurance or applicable policy language.
D. CONSULTANT must provide certificates of insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) indicating appropriate coverage, to the City Clerk of the City of Torrance before the commencement of work.
E. Each insurance policy required by this Paragraph must contain a provision that no termination, cancellation or change of coverage can be made without notice to the CITY.
F. If the CONSULTANT maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
G. The procuring of insurance shall not be construed as a limitation on liability nor as full performance of the indemnification provisions of the CONSULTANT.
H. Claims Made Policies
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If any of the required policies provide coverage on a claims-made basis:
a. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Dat e prior to the contract effective date, the CONSULTANT must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
I. CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer.
J. Self-insured retentions must be declared to and approved by the CITY.
The CITY may require the CONTRACTOR to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or CITY.
18. SUFFICIENCY OF INSURERS
Insurance required by this Agreement will be satisfactory only if issued by companies admitted to do business in California, rated “A” or better in the most recent edition of Best’s Key Rating Guide, and only if they are of a financial category Class VII or better, unless these requirements are waived by the Risk Manager of CITY (“Risk Manager”) due to unique circumstances. In the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to CITY, the CONSULTANT agrees that the minimum limits of any insurance policies or performance bonds required by this Agreement may be changed accordingly upon receipt of written notice from the Risk Manager; provided that CONSULTANT will have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of CITY within 10 days of receipt of notice from the Risk Manager.
19. CONFLICT OF INTEREST
A. No officer or employee of the CITY may have any financial interest, direct or indirect, in this Agreement, nor may any officer or employee participate in any decision relating to the Agreement that affects the officer or employee’s financial interest or the financial interest of any corporation, partnership or association in which the officer or employee is, directly or indirectly interested, in violation of any law, rule or regulation. 12 9
B. No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.
20. NOTICE
A. All notices, requests, demands, or other communications under this Agreement will be in writing. Notice will be sufficiently given for all purposes as follows:
1. Personal delivery. When personally delivered to the recipient, notice is effective on delivery.
2. First Class mail. When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.
3. Certified mail. When mailed certified mail, return receipt requested, notice is effective on receipt, if delivery is confirmed by a return receipt.
4. Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account, notice is effective on delivery, if delivery is confirmed by the delivery service.
5. Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice, notice is effective on receipt. Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non-business day.
6. Addresses for purpose of giving notice are as follows:
CONSULTANT: ONWARD ENGINEERING
300 S. HARBOR BLVD, SUITE 814
ANAHEIM, CA 92805
Fax: N/A
CITY: City Clerk
City of Torrance
13 10
3031 Torrance Boulevard
Torrance, CA 90503
Fax: (310) 618-2931
B. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messenger or overnight delivery service.
C. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this Agreement.
21. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING
This Agreement and all exhibits are binding on the heirs, successors, and assigns of the parties. The Agreement may not be assigned or subcontracted by either CITY or CONSULTANT without the prior written consent of the other.
22. INTEGRATION; AMENDMENT
This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this Agreement. The Agreement may not be modified or altered except in writing signed by both parties.
23. INTERPRETATION
The terms of this Agreement should be construed in accordance with the meaning of the language used and should not be construed for or against either party by reason of the authorship of this Agreement or by any other rule of construction that might otherwise apply. To the extent that the terms of the RFP or the Proposal are inconsistent with the terms of this Agreement, the terms of this Agreement shall control.
24. SEVERABILITY
If any part of this Agreement is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the Agreement will remain in full force and effect.
25. TIME OF ESSENCE
Time is of the essence in the performance of this Agreement.
26. GOVERNING LAW; JURISDICTION
This Agreement will be administered and interpreted under the laws of the State of California. Jurisdiction of any litigation arising from the Agreement will be in Los Angeles County, California.
27. COMPLIANCE WITH STATUTES AND REGULATIONS
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CONSULTANT will be knowledgeable of and will comply with all applicable federal, state, county and city statutes, rules, regulations, ordinances and orders.
28. WAIVER OF BREACH
No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default will impair the right or remedy or be construed as a waiver.
A party’s consent or approval of any act by the other party requiring the first party’s consent or approval will not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this Agreement.
29. ATTORNEY’S FEES
Except as provided for in Paragraph 15, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment.
30. EXHIBITS
All exhibits identified in this Agreement are incorporated into the Agreement by this reference.
31. CONSULTANT’S AUTHORITY TO EXECUTE
The persons executing this Agreement on behalf of CONSULTANT warrant that (i) CONSULTANT is duly organized and existing; (ii) they are duly authorized to execute this Agreement on behalf of CONSULTANT; (iii) by so executing this Agreement, CONSULTANT is formally bound to the provisions of this Agreement; and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which CONSULTANT is bound.
32. PUBLIC RECORDS ACT
Any documents submitted by the CONSULTANT all information obtained in connection with the CITY’s right to audit and inspect the CONSULTANT’s documents, books, and accounting records pursuant to paragraph 14 CONSULTANT’s Accounting Records; Other Project Records; as well as those documents which were required to be submitted in response to the Request for Proposals (RFP) used in the solicitation process for this Contract, become the exclusive property of the City. All such documents become a matter of public record and shall be regarded as public records. Exceptions will be those elements in the California Government Code Section 7920.000 et seq. (Public Records Act) and which are marked “trade secret”, “confidential”, or “proprietary”.
The CITY shall not in any way be liable or responsible for the disclosure of any such records including, without limitation, those so marked, if disclosure is required by law, or by an order issued by a court of competent jurisdiction. 15 12
///
///
In the event the CITY is required to defend an action on a Public Records Act request for any of the aforementioned documents, information, books, records, and/or contents of a proposal marked “trade secret”, “confidential”, or “proprietary”, the CONSULTANT agrees to defend and indemnify the CITY from all costs and expenses, including reasonable attorney’s fees, in action or liability arising under the Public Records Act.
CITY OF TORRANCE,
a municipal corporation
_______________________________
George K. Chen, Mayor
Onward Engineering
A California Corporation
By:________________________________
Majdi Ataya
President
ATTEST:
_______________________________
Rebecca Poirier, MMC
City Clerk
APPROVED AS TO FORM:
PATRICK Q. SULLIVAN
City Attorney
By: ____________________________
Attachments: Exhibit A Request for Proposals
Exhibit B Proposal
Rev. 0424
16 EXHIBIT A
REQUEST FOR PROPOSALS
[To be attached]
17 EXHIBIT B
PROPOSAL
[To be attached]
18