Sunbeam Solar Technologies Inc dba Sunbeam Consulting - FY2020-072-02 CITY OF VRANCHO PALOS VERDES
DEPARTMENT OF PUBLIC WORKS
Date December 21 2020
To Alan Braadtvedt President
Sunbeam Consulting
1817 Josie Avenue
Long Beach CA 90815
Cc Lauren Ramezani City of Rancho Palos Verdes Public Works Department
Ramzi Awad Deputy Director of Public Works
City of Rancho Palos Verdes City Clerk s Office
City of Rancho Palos Verdes Finance Department
Charles Stephan Secretary (Sunbeam Consulting)
John Collins Public Works Inspector(Sunbeam Consulting)
File
From Ron Dragoo Principal City and Contract Office-i.
C
Subject Term of Contract No FY2020-072 Extension #2
The term of the Contract Services Agreement for Inspection services for the Coastal Bluff Fence
Replacement Project FY 2019-20 (Contract No FY2020-072) is hereby extended from
December 31, 2020 to January 15, 2021
CINOF I�AMCHQ {HALOS VERDES
DEPARTMENT OF PUBLIC WORKS
Date: October 20, 2020
To: Alan Braatvedt, President
Sunbeam Consulting
1817 Josie Avenue
Long Beach, California 90815
Cc: Lauren Ramezani, City of Rancho Palos Verdes' Public Works Department
Ramzi Awwad, Deputy Director of Public Works
City of Rancho Palos Verdes' City Clerk's Office
City of Rancho Palos Verdes' Finance Department
Charles Stephan, Secretary (Sunbeam Consulting)
John Collins, Public Works Inspector (Sunbeam Consulting)
File
From: Ron Dragoo, City Engineer and Contract Officer
Subject: Term of Contract No. FY2020-072 Extension
The term of the Contract Services Agreement for Inspection Services for the Coastal Bluff Fence
Replacement Proiect FY 2019-20 (Contract No. FY2020-072) is hereby extended from October
23, 2020 to December 31, 2020.
W:\LAUREN\Projects\2020 10 14 Term extension (Sunbeam Consulting FY2020-).docx
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
SUNBEAM SOLAR TECHNOLOGIES INC DBA SUNBEAM CONSULTING
for
INSPECTION SERVICES FOR THE
COASTAL BLUFF FENCE REPLACEMENT (FY 2019-20) PROJECT
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CITY OF RANCHO PALOS VERDES
CONTRACT SERVICES AGREEMENT FOR
INSPECTION SERVICES FOR COASTAL BLUFF FENCE REPLACEMENT
(FY 2019-20) PROJECT
THIS CONTRACT SERVICES AGREEMENT(herein'Agreement") is made and entered
into this 19th day of May, 2020, by and between the CITY OF RANCHO PALOS VERDES, a
municipal corporation ("City") and SUNBEAM SOLAR TECHNOLOGIES INC DBA
SUNBEAM CONSULTING, a California corporation (herein "Consultant")
NOW, THEREFORE, the parties hereto agree as follows
1 SERVICES OF CONSULTANT
I I Scope of Services In compliance with all of the terms and conditions of
this Agreement, the Consultant shall perform the work or services set forth in the "Scope of
Services" attached hereto as Exhibit "A" and incorporated herein by reference Consultant
warrants that it has the experience and ability to perform all work and services required hereunder
and that it shall diligently perform such work and services in a professional and satisfactory
manner
12 Compliance With Law All work and services rendered hereunder shall
be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the
City and any Federal, State or local governmental agency of competent jurisdiction
1 3 California Labor Law If the Scope of Services includes any "public
work" or "maintenance work, ' as those terms are defined in California Labor Code section 1720
et seq and California Code of Regulations, Title 8, Section 16000 et seq , and if the total
compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply
with the requirements in California Labor Code section 1770 et seq and 1810 et seq ,and all other
applicable laws
1 4 Licenses, Permits, Fees and Assessments Consultant shall obtain at its
sole cost and expense such licenses, permits, and approvals as may be required by law for the
performance of the services required by the Agreement
15 Special Requirements Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in the "Special Requirements"
attached hereto as Exhibit `B"and incorporated herein by this reference In the event of a conflict
between the provisions of Exhibit"B" and any other provisions of this Agreement, the provisions
of Exhibit"B" shall govern
2 COMPENSATION
2 1 Contract Sum For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with the "Schedule of Compensation" attached
hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum
contract amount of$21,600 (Twenty One Thousand Six Hundred Dollars) ("Contract Sum")
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2 2 Invoices Each month Consultant shall furnish to City an original invoice
for all work performed and expenses incurred during the preceding month in a form approved by
City's Director of Finance By submitting an invoice for payment under this Agreement,
Consultant is certifying compliance with all provisions of the Agreement The invoice shall contain
all information specified in Exhibit "C", and shall detail charges for all necessary and actual
expenses by the following categories labor (by sub-category), travel, materials, equipment,
supplies, and sub-contractor contracts Sub-contractor charges shall also be detailed by such
categories Consultant shall not invoice City for any duplicate services performed by more than
one person
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty
five (45) days of receipt of Consultant's correct and undisputed invoice, however, Consultant
acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that
payment will occur within this time period In the event any charges or expenses are disputed by
City, the original invoice shall be returned by City to Consultant for correction and resubmission
Review and payment by the City of any invoice provided by the Consultant shall not constitute a
waiver of any rights or remedies provided herein or any applicable law
2 3 Additional Services City shall have the right at any time during the
performance of the services, without invalidating this Agreement,to order extra work beyond that
specified in the Scope of Services or make changes by altering, adding to or deducting from said
work No such extra work may be undertaken unless a written order is first given by the Contract
Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the
actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said
adjustments are subject to the written approval of the Consultant Any increase in compensation
of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five
Thousand Dollars($5,000)or in the time to perform of up to ninety(90)days may be approved by
the Contract Officer Any greater increases, taken either separately or cumulatively, must be
approved by the City Council No claim for an increase in the Contract Sum or time for
performance shall be valid unless the procedures established in this Section are followed
3 PERFORMANCE SCHEDULE
3 1 Time of Essence Time is of the essence in the performance of this
Agreement
3 2 Schedule of Performance Consultant shall commence the services
pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all
services within the time period(s) established in the"Schedule of Performance"attached hereto as
Exhibit 'D" and incorporated herein by this reference When requested by the Consultant,
extensions to the time period(s) specified in the Schedule of Performance may be approved in
writing by the Contract Officer but not exceeding thirty (30)days cumulatively
3 3 Force Majeure The time period(s) specified in the Schedule of
Performance for performance of the services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control and without the
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fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public
enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions,
riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency,
including the City, if the Consultant shall within ten (10)days of the commencement of such delay
notify the Contract Officer in writing of the causes of the delay The Contract Officer shall
ascertain the facts and the extent of delay, and extend the time for performing the services for the
period of the enforced delay when and if in the judgment of the Contract Officer such delay is
justified The Contract Officer's determination shall be final and conclusive upon the parties to
this Agreement In no event shall Consultant be entitled to recover damages against the City for
any delay in the performance of this Agreement, however caused, Consultant's sole remedy being
extension of the Agreement pursuant to this Section
3 4 Term Unless earlier terminated in accordance with Article 7 of this
Agreement, this Agreement shall continue in full force and effect until completion of the services
but not exceeding one (1)year from the date hereof, except as otherwise provided in the Schedule
of Performance (Exhibit"D")
4 COORDINATION OF WORK
4 1 Representative of Consultant Alan Braatvedt is hereby designated as
being the representative of Consultant authorized to act on its behalf with respect to the work and
services specified herein and make all decisions in connection therewith All personnel of
Consultant and any authorized agents shall be under the exclusive direction of the representative
of Consultant Consultant shall utilize only competent personnel to perform services pursuant to
this Agreement Consultant shall make every reasonable effort to maintain the stability and
continuity of Consultant's staff and subcontractors, and shall keep City informed of any changes
4 2 Contract Officer Ron Dragoo, City Engineer, is hereby designated as
being the representative the City authorized to act in its behalf with respect to the work and services
specified herein and to make all decisions in connection therewith ("Contract Officer")
4 3 Prohibition Against Subcontracting or Assignment Consultant shall not
contract with any entity to perform in whole or in part the work or services required hereunder
without the express written approval of the City Neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior written
approval of City Any such prohibited assignment or transfer shall be void
4 4 Independent Consultant Neither the City nor any of its employees shall
have any control over the manner, mode or means by which Consultant, its agents or employees,
perform the services required herein, except as otherwise set forth Consultant shall perform all
services required herein as an independent contractor of City with only such obligations as are
consistent with that role Consultant shall not at any time or in any manner represent that it or any
of its agents or employees are agents or employees of City, or that it is a member of a Joint
enterprise with City
5 INSURANCE AND INDEMNIFICATION
5 1 Insurance Coverages Without limiting Consultant's indemnification of
City, and prior to commencement of any services under this Agreement, Consultant shall obtain,
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provide and maintain at its own expense during the term of this Agreement, policies of insurance
of the type and amounts described below and in a form satisfactory to City
(a) General liability insurance Consultant shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in
an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily
injury, personal injury,and property damage The policy must include contractual liability that has
not been amended Any endorsement restricting standard ISO' insured contract" language will not
be accepted
(b) Automobile liability insurance Consultant shall maintain automobile
Insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and
property damage for all activities of the Consultant arising out of or in connection with Services
to be performed under this Agreement, including coverage for any owned, hired, non-owned or
rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident
(c) Professional liability (errors & omissions) insurance Consultant shall
maintain professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of$1,000,000 per claim and in the aggregate Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Consultant agrees to maintain continuous coverage through a period no less than
three (3) years after completion of the services required by this Agreement
(d) Workers' compensation insurance Consultant shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at
least $1,000,000)
(e) Subcontractors Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor All coverages for subcontractors shall include all of the requirements stated herein
(f) Additional Insurance Policies of such other insurance, as may be required
in the Special Requirements in Exhibit"B"
5 2 General Insurance Requirements
(a) Proof of insurance Consultant shall provide certificates of insurance to City
as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers' compensation Insurance certificates and endorsements must be
approved by City's Risk Manager prior to commencement of performance Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement City
reserves the right to require complete, certified copies of all required insurance policies, at any
time
(b) Duration of coverage Consultant shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Services hereunder by
Consultant, its agents, representatives, employees or subconsultants
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(c) Primary/noncontributing Coverage provided by Consultant shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it The limits of insurance required herein may be satisfied by a combination of
primary and umbrella or excess insurance Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City's own insurance or self-insurance shall
be called upon to protect it as a named insured
(d) City's rights of enforcement In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain the insurance it deems necessary and any premium
paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient
to pay premium from Consultant payments In the alternative, City may cancel this Agreement
(e) Acceptable insurers All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance or
that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned
policyholders' Rating of A- (or higher) and Financial Size Category Class Vi (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the
City's Risk Manager
(f) Waiver of subrogation All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each of
its subconsultants
(g) Enforcement of contract provisions (non-estoppel) Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Consultant of non-compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder
(h) Requirements not limiting Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a given issue and
is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or
a waiver of any type If the Consultant maintains higher limits than the minimums shown above,
the City requires and shall be entitled to coverage for 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
(i) Notice of cancellation Consultant agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage
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(I) Additional insured status General liability policies shall provide or be
endorsed to provide that City and its officers,officials,employees,and agents,and volunteers shall
be additional insureds under such policies This provision shall also apply to any excess/umbrella
liability policies
(k) Prohibition of undisclosed coverage limitations None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing
(I) Separation of insureds A severability of interests provision must apply for
all additional insureds ensuring that Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer's limits of
liability The policy(ies) shall not contain any cross-liability exclusions
(m) Pass through clause Consultant agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who is brought onto or involved in
the project by Consultant, provide the same minimum insurance coverage and endorsements
required of Consultant Consultant agrees to monitor and review all such coverage and assumes
all responsibility for ensuring that such coverage is provided in conformity with the requirements
of this section Consultant agrees that upon request, all agreements with consultants,
subcontractors, and others engaged in the project will be submitted to City for review
(n) Agency's right to revise specifications The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by
giving the Consultant ninety (90) days advance written notice of such change If such change
results in substantial additional cost to the Consultant, the City and Consultant may renegotiate
Consultant's compensation
(o) Self-insured retentions Any self-insured retentions must be declared to and
approved by City City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible Self-insurance will not be considered to comply with these
specifications unless approved by City
(p) Timely notice of claims Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant's performance
under this Agreement,and that involve or may involve coverage under any of the required liability
policies
(q) Additional insurance Consultant shall also procure and maintain,at its own
cost and expense, any additional kinds of insurance, which in its own judgment may be necessary
for its proper protection and prosecution of the work
5 3 Indemnification To the full extent permitted by law, Consultant agrees to
indemnify, defend and hold harmless the City, its officers, employees and agents ("indemnified
Parties")against,and will hold and save them and each of them harmless from,any and all actions,
either judicial, administrative, arbitration or regulatory claims, damages to persons or property,
losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened
(herein 'claims or liabilities")that may be asserted or claimed by any person,firm or entity arising
out of or in connection with the negligent performance of the work, operations or activities
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provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any
individual or entity for which Consultant is legally liable ("indemnitors"), or arising from
Consultant's or indemnitors' reckless or willful misconduct, or arising from Consultant's or
indemnitors' negligent performance of or failure to perform any term, provision, covenant or
condition of this Agreement, except claims or liabilities occurring as a result of City's sole
negligence or willful acts or omissions The indemnity obligation shall be binding on successors
and assigns of Consultant and shall survive termination of this Agreement
6 RECORDS, REPORTS, AND RELEASE OF INFORMATION
6 1 Records Consultant shall keep, and require subcontractors to keep, such
ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other
documents relating to the disbursements charged to City and services performed hereunder (the
"books and records"), as shall be necessary to perform the services required by this Agreement
and enable the Contract Officer to evaluate the performance of such services and shall keep such
records for a period of three years following completion of the services hereunder The Contract
Officer shall have full and free access to such books and records at all times during normal business
hours of City, including the right to inspect, copy, audit and make records and transcripts from
such records
6 2 Reports Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this Agreement or as
the Contract Officer shall require
6 3 Confidentiality and Release of Information
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant Consultant shall not release or disclose any such
information or work product to persons or entities other than the City without prior written
authorization from the Contract Officer
(b) Consultant shall not, without prior written authorization from the Contract
Officer or unless requested by the City Attorney, voluntarily provide documents, declarations,
letters of support, testimony at depositions, response to interrogatories or other information
concerning the work performed under this Agreement Response to a subpoena or court order shall
not be considered "voluntary" provided Consultant gives the City notice of such court order or
subpoena
(c) If Consultant provides any information or work product in violation of this
Agreement,then the City shall have the right to reimbursement and indemnity from Consultant for
any damages, costs and fees, including attorney's fees, caused by or incurred as a result of
Consultant's conduct
(d) Consultant shall promptly notify the City should Consultant be served with
any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories,
request for admissions or other discovery request, court order or subpoena from any party
regarding this Agreement and the work performed thereunder The City retains the right, but has
no obligation, to represent Consultant or be present at any deposition, hearing or similar
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proceeding Consultant agrees to cooperate fully with the City and to provide the City with the
opportunity to review any response to discovery requests provided by Consultant
6 4 Ownership of Documents All studies, surveys, data, notes, computer
files, reports, records, drawings, specifications, maps, designs, photographs, documents and other
materials (the "documents and materials") prepared by Consultant in the performance of this
Agreement shall be the property of the City and shall be delivered to the City upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by the City of its full
rights of ownership use,reuse,or assignment of the documents and materials hereunder Moreover,
Consultant with respect to any documents and materials that may qualify as'works made for hire"
as defined in 17 U S C § 101, such documents and materials are hereby deemed "works made for
hire" for the City
7 ENFORCEMENT OF AGREEMENT AND TERMINATION
7 I California Law This Agreement shall be interpreted, construed and
governed both as to validity and to performance of the parties in accordance with the laws of the
State of California Legal actions concerning any dispute, claim or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles,
State of California In the event of litigation in a U S District Court, venue shall lie exclusively in
the Central District of California, in the County of Los Angeles, State of California
7 2 Disputes, Default In the event that Consultant is in default under the
terms of this Agreement, the City shall not have any obligation or duty to continue compensating
Consultant for any work performed after the date of default Instead, the City may give notice to
Consultant of the default and the reasons for the default The notice shall include the timeframe in
which Consultant may cure the default This timeframe is presumptively thirty (30)days, but may
be extended, if circumstances warrant During the period of time that Consultant is in default, the
City shall hold all invoices and shall, when the default is cured, proceed with payment on the
invoices If Consultant does not cure the default, the City may take necessary steps to terminate
this Agreement under this Article
7 3 Legal Action In addition to any other rights or remedies, either party may
take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages
for any default, to compel specific performance of this Agreement, to obtain declaratory or
injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement
Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to
Government Code Sections 905 et seq and 910 et seq , in order to pursue any legal action under
this Agreement
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party
7 4 Termination Prior to Expiration of Term This Section shall govern any
termination of this Contract except as specifically provided in the following Section for
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termination for cause The City reserves the right to terminate this Contract at any time, with or
without cause, upon fifteen (15)days' written notice to Consultant, except that where termination
is due to the fault of the Consultant, the period of notice may be such shorter time as may be
determined by the Contract Officer in addition, the Consultant reserves the right to terminate this
Contract at any time, with or without cause, upon sixty (60) days' written notice to City, except
that where termination is due to the fault of the City,the period of notice may be such shorter time
as the Consultant may determine Upon receipt of any notice of termination, Consultant shall
immediately cease all services hereunder except such as may be specifically approved by the
Contract Officer Except where the Consultant has initiated termination, the Consultant shall be
entitled to compensation for all services rendered prior to the effective date of the notice of
termination and for any services authorized by the Contract Officer thereafter in accordance with
the Schedule of Compensation or such as may be approved by the Contract Officer In the event
the Consultant has initiated termination, the Consultant shall be entitled to compensation only for
the reasonable value of the work product actually produced hereunder, but not exceeding the
compensation provided therefore in the Schedule of Compensation Exhibit C" In the event of
termination without cause pursuant to this Section,the terminating party need not provide the non-
terminating party with the opportunity to cure pursuant to Section 7 2
7 5 Termination for Default of Consultant if termination is due to the failure
of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with
the provisions of Section 7 2,take over the work and prosecute the same to completion by contract
or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of
the services required hereunder exceeds the compensation herein stipulated (provided that the City
shall use reasonable efforts to mitigate such damages), and City may withhold any payments to
the Consultant for the purpose of set-off or partial payment of the amounts owed the City as
previously stated
8 MISCELLANEOUS
8 1 Covenant Against Discrimination Consultant covenants that, by and for
itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall
be no discrimination against or segregation of, any person or group of persons on account of race,
color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or
other protected class in the performance of this Agreement Consultant shall take affirmative action
to ensure that applicants are employed and that employees are treated during employment without
regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national
origin, ancestry, or other protected class
8 2 Non-liability of City Officers and Employees No officer or employee of
the City shall be personally liable to the Consultant, or any successor in interest, in the event of
any default or breach by the City or for any amount, which may become due to the Consultant or
to its successor, or for breach of any obligation of the terms of this Agreement
8 3 Notice Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other person
shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of
the City, to the City Manager and to the attention of the Contract Officer (with her/his name and
City title), City of Rancho Palos Verdes, 30940 Hawthorne Boulevard, California 90275, and in
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the case of the Consultant, to the person(s)at the address designated on the execution page of this
Agreement Either party may change its address by notifying the other party of the change of
address in writing Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72) hours from the time of mailing if mailed as provided in this Section
8 4 Integration, Amendment It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this Agreement supersedes
and cancels any and all previous negotiations, arrangements, agreements and understandings, if
any, between the parties, and none shall be used to interpret this Agreement This Agreement may
be amended at any time by the mutual consent of the parties by an instrument in writing
8 5 Severability In the event that part of this Agreement shall be declared
invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the remaining portions of this Agreement
which are hereby declared as severable and shall be interpreted to carry out the intent of the parties
hereunder unless the invalid provision is so material that its invalidity deprives either party of the
basic benefit of their bargain or renders this Agreement meaningless
8 6 Waiver No delay or omission in the exercise of any right or remedy by
non-defaulting party on any default shall impair such right or remedy or be construed as a waiver
A party's consent to or approval of any act by the other party requiring the party's consent or
approval shall 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
shall not be a waiver of any other default concerning the same or any other provision of this
Agreement
8 7 Attorneys' Fees If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this Agreement,the
prevailing party in such action or proceeding, in addition to any other relief which any be granted,
whether legal or equitable, shall be entitled to reasonable attorney's fees,whether or not the matter
proceeds to judgment
8 8 Interpretation
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply
8 9 Counterparts
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument
8 10 Warranty & Representation of Non-Collusion No official, officer, or
employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any
official, officer, or employee of City participate in any decision relating to this Agreement which
may affect his/her financial interest or the financial interest of any corporation, partnership, or
association in which (s)he is directly or indirectly interested, or in violation of any corporation,
partnership, or association in which (s)he is directly or indirectly interested, or in violation of any
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State or municipal statute or regulation The determination of "financial interest" shall be
consistent with State law and shall not include interests found to be "remote" or "noninterests"
pursuant to Government Code Sections 1091 or 1091 5 Consultant warrants and represents that it
has not paid or given, and will not pay or give, to any third party including, but not limited to, any
City official, officer, or employee, any money, consideration, or other thing of value as a result or
consequence of obtaining or being awarded any agreement Consultant further warrants and
represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion
that would result in the payment of any money, consideration, or other thing of value to any third
party including, but not limited to, any City official, officer, or employee, as a result of
consequence of obtaining or being awarded any agreement Consultant is aware of and understands
that any such act(s), omission(s) or other conduct resulting in : ch payment of money,
consideration, or other thing of value will render this Agr--ment v• d and of no force or effect
Consultant's Authorized Initials a
8 11 Corporate Authority The persons executing this Agreement on behalf of
the parties hereto warrant that (i) such party is duly organized and existing, (i►) they are duly
authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this
Agreement, such party 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 said party is
bound This Agreement shall be binding upon the heirs, executors, administrators, successors and
assigns of the parties
[Signatures On The Following Page]
12
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement on
the date and year first-above written
CITY
CITY OF ' : ►CHO PALOS VERDES,
a m • cipal co p • ion
•
Ara M 17111151:nager
ATTEST
mi y Colborn, City
APPROVED AS TO FORM
ALESHIRE & WYNDER, LLP
Gid 4i-
William W Wynder, City Attorney
CONSULTANT
SUNBEAM SOLAR TECHNOLOGIES
INC DBA SUNBEAM CONSULTING,
a California corporation t
By Zro
Name • Ian Braatvedt
Titl- ' esident
By F'Wharles Stephan
Title Secretary
Address 1817 Josie Avenue
Long Beach, California 90815
Two corporate officer signatures required when Consultant is a corporation,with one signature required from
each of the following groups 1)Chairman of the Board,President or any Vice President,and 2)Secretary,any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer CONSULTANT'S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY
13
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document
STATE OF CALIFORNIA
O,itiots P 04
COUNTY OF
On Rut iW ,2020 before me,DxZeP,Air,/ ,,personally appeared aa./Ps 516Itaki,proved to me on the
basis of satisfactory evidence to be the person(s).whose names(* is/afe subscribed to the within instrument and
acknowledged to me that he/sbelthey executed the same in his/Iier,'thoir authorized capacity(tes), and that by
his/henitherr signature(* on the instrument the person(*, or the entity upon behalf of which the person( acted,
executed the instrument
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct
WITNESS my nd a official seal + w D J LEE
�' "� COMM #2269552 ''^^
N 9\_ 8 NOTARY PUBLIC CALIFORNIA YI
r ORANGE CGUNTY
Signature � ... NT I,ONN EXP DEC 13 1014
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL 1 C
O CORPORATE OFFICER (g°67 4G 1 Se/voZe5 /ee001 , t
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED 1 3
0 GENERAL NUMBER OF PAGES
O ATTORNEY-IN-FACT
O TRUSTEE(S) M 2
❑ GUARDIAN/CONSERVATOR i l a y/ 13, 2-02.0
O OTHER 'DATE OF DOCUMENT
SIGNER IS REPRESENTING
(NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document
State of California
County of Los Angeles )
On 05/16/2020 before me, Laura Hllke (Notary Public)
(insert name and title of the officer)
personally appeared Alan Braatvedt
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct
WITNESS myhand and official seal r "' . LAURA MAKE
`� COMM #2247266 z
s_.A Notary Public California o
z T •/ Los Angeles County
.�i.A'� 9 _ �.,; Aram Expires Jul rt20_2022 j
Signature �u� (Seal)
EXHIBIT "A"
SCOPE OF SERVICES
I Consultant will perform the following services
A Construction inspection for the Coastal Bluff Fence Replacement (FY 2019-20)
Project, which is generally defined as the demolition and disposal of existing fencing
and footings, and installation of new three (3) rail, colored, precast concrete ranch
rail fencing, to be located along the coastal bluff as depicted on the Project Location
Map and finally determined in the field with the Contractor, to ensure that the scope
of services to be performed by Golden Gate Steel, Inc dba Golden Gate Construction,
a California corporation ("Contractor"), is performed and installed in compliance
with Project Plans& Specifications
II As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City
A Daily inspection reports, including photographs, of scope of work performed by
Contractor
B Summary reports of Contractor's construction activities
C Summary of Contractor's performance based on Contractor's weekly schedule
III In addition to the requirements of Section 6 2, during performance of the Services,
Consultant will keep the City updated of the status of performance by delivering the
following status reports
A Summary of Contractor's weekly construction activities
B Weekly status reports including 2-week look ahead schedule
IV All work product is subject to review and acceptance by the City, and must be
revised by the Consultant without additional charge to the City until found
satisfactory and accepted by City
V Consultant will utilize the following personnel to accomplish the Services
A John F Collins, Public Works Inspector
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EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
[INTENTIONALLY LEFT BLANK]
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EXHIBIT "C"
SCHEDULE OF COMPENSATION
I Consultant shall perform the following Services at the following rates
RATE TIME TOTAL
BUDGET
A Inspection $120 per hour* 180 hours $21,600
services (approximately 2
hours/day for 90
days)
*The $120/hour rate shall be inclusive of mileage, equipment, and all other incidentals
No overtime is authorized by this Agreement
II A retention of ten percent (10%) shall be held from each payment as a contract
retention to be paid as a part of the final payment upon satisfactory completion of
services
NOT APPLICABLE
III Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task subbudget to another so long as the
Contract Sum is not exceeded per Section 2 1,unless Additional Services are approved
per Section 2 3
NOT APPLICABLE
IV The City will compensate Consultant for the Services performed upon submission of
a valid invoice Each invoice is to include
A Line items for all the work performed,the number of hours worked, and the hourly
rate
B Line items for all materials and equipment properly charged to the Services
C Line items for all other approved reimbursable expenses claimed, with supporting
documentation
D Line items for all approved subcontractor labor,supplies,equipment, materials,and
travel properly charged to the Services
V The total compensation for the Services shall not exceed the Contract Sum as provided
in Section 2 1 of this Agreement
VI Consultant's billing rates for all personnel are attached as Exhibit C-1
NOT APPLICABLE
C-1
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EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I Consultant shall perform all services timely in accordance with the following
schedule
Days to Perform Hours/week Deadline Date
(approximately)
A Inspection 100** 5 October 23, 2020
Services
**Consultant's schedule will track Contractor's construction schedule
II Consultant shall deliver the following tangible work products to the City by the
following dates
A Daily inspection reports including photographs of work performed submitted
weekly during construction on Mondays
B Summary reports of construction activities submitted weekly during construction
on Mondays
C Summary of Contractor's performance based on Contractor's weekly schedule
submitted weekly during construction on Mondays
III The Contract Officer may approve extensions for performance of the services in
accordance with Section 3 2
D-1
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