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Sunbeam Solar Technologies DBA Sunbeam Consulting (2014) FY 2013-14 Project CITY OF RANCHO PALOS VERDES PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into this fifteenth day of July, 2014, by and between the City of Rancho Palos Verdes (hereinafter referred to as the "CITY") and Sunbeam Solar Technologies, Inc. DBA Sunbeam Consulting (hereafter referred to as "CONSULTANT"). IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto agree as follows: ARTICLE 1 SCOPE OF SERVICES 1.1 Project Description The Project is described as follows: Fiscal Year 2013-2014 Annual Sidewalk Repair Program 1.2 Description of Services CONSULTANT shall provide construction inspection services, as described in the CITY's Request For Proposals, which is attached hereto as Exhibit "A" and incorporated herein by this reference, and in CONSULTANT's Proposal, which is attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and incorporated documents, the terms of this Agreement shall control. In the event of any conflict between Exhibits "A" and "B," the terms of Exhibit "A" shall control. 1.3 Schedule of Work Upon receipt of written Notice to Proceed from the CITY, CONSULTANT shall perform with due diligence the services requested by the CITY. Time is of the essence in this Agreement. CONSULTANT shall not be responsible for delay, nor shall CONSULTANT be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish timely information or to approve or disapprove CONSULTANT's work promptly, or delay or faulty performance by CITY, other consultants/contractors, or governmental agencies, or any other delays beyond CONSULTANT's control or without CONSULTANT's fault. ARTICLE 2 COMPENSATION 2.1 Fee CITY agrees to compensate CONSULTANT an amount not to exceed twenty-three thousand three hundred ten dollars ($23,310) for services as described in Article 1. 2.2 Terms of Compensation CONSULTANT shall submit monthly invoices for the percentage of work completed in the previous month. CITY agrees to authorize payment for all undisputed invoice amounts within thirty (30) days of receipt of each invoice. CITY agrees to use its best efforts to notify CONSULTANT of any disputed invoice amounts or claimed completion percentages within ten (10) days of the receipt of each invoice. However, CITY's failure to timely notify CONSULTANT of a disputed amount or claimed completion percentage shall not be deemed a waiver of CITY's right to challenge such amount or percentage. Additionally, in the event CITY fails to pay any undisputed amounts due CONSULTANT within forty-five (45) days after invoices are received by CITY then CITY agrees that CONSULTANT shall have the right to consider said default a total breach of this Agreement and be terminated by CONSULTANT without liability to CONSULTANT upon ten (10) working days advance written notice. 2.3 Prevailing Wacies CITY and CONSULTANT acknowledge that this project is a public work to which prevailing wages apply. The Terms for Compliance with California Labor Law Requirements is attached hereto as Exhibit"C" and incorporated herein by this reference. 2.4 Additional Services CITY may request additional specified work under this Agreement. All such work must be authorized in writing by the CITY's Director of Public Works prior to commencement. CONSULTANT shall perform such services, and CITY shall pay for such additional services in accordance with CONSULTANT's Schedule of Hourly Rates within Exhibit "B," which in any case shall meet or exceed prevailing wage rates. The rates in Exhibit "B" shall be in effect through the end of this Agreement. 2.5 Term of Agreement This Agreement shall commence on July 16, 2014 and shall terminate on June 30, 2015 unless sooner terminated pursuant to Article 4 of this Agreement. ARTICLE 3 INDEMNIFICATION AND INSURANCE 3.1 Indemnification, Hold Harmless, and Duty to Defend (a) Indemnity for Design Professional Services. In connection with its design professional services and to the maximum extent permitted by law, CONSULTANT shall hold harmless and indemnify CITY, and its officials, officers, employees, agents and independent contractors serving in the role of CITY officials, and designated volunteers (collectively, "Indemnitees"), with respect to any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, Page 2 of 11 including reimbursement of attorneys' fees and costs of defense (collectively, "Claims" hereinafter), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to in whole or in part to the negligence, recklessness, or willful misconduct of CONSULTANT or any of its officers, employees, subcontractors, or agents in the performance of its design professional services under this Agreement. (b) Other Indemnities. In connection with any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered by Section 3.1(a), and to the maximum extent permitted by law, CONSULTANT shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Damages, including but not limited to, Damages relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts or omissions of CONSULTANT or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the CITY, as determined by final arbitration or court decision or by the agreement of the parties. CONSULTANT shall defend Indemnitees in any action or actions filed in connection with any such Damages with counsel of CITY's choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant's duty to defend pursuant to this Section 3.1(b) shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of Indemnitees. (c) All duties of CONSULTANT under Section 3.1 shall survive termination of this Agreement. 3.2 General Liability CONSULTANT shall at all times during the term of the Agreement carry, maintain, and keep in full force and effect, a policy or policies of Commercial General Liability Insurance, with minimum limits of one million dollars ($1,000,000) for each occurrence and two million dollars($2,000,000)general aggregate for bodily injury, death, loss or property damage for products or completed operations and any and all other activities undertaken by CONSULTANT in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted or authorized to do business in the State of California and rated in A.M. Best's Insurance Guide with a rating of A:VII or better. 3.3 Professional Liability CONSULTANT shall at all times during the term of this Agreement, carry, maintain, and keep in full force and effect a policy or policies of professional liability insurance with a minimum limit of one million dollars ($1,000,000) per claim and aggregate for errors and/or omissions of CONSULTANT in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted or authorized to do business in the State of California and rated in Best's Insurance Guide with a rating of Page 3 of 11 A:VII or better. If a "claims made" policy is provided, such policy shall be maintained in effect from the date of performance of work or services on the CITY's behalf until three (3) years after the date of work or services are accepted as completed. Coverage for the post-completion period may be provided by renewal or replacement of the policy for each of the three (3) years or by a three-year extended reporting period endorsement, which reinstates all limits for the extended reporting period. If any such policy and/or policies have a retroactive date, that date shall be no later than the date of first performance of work or services on behalf of the CITY. Renewal or replacement policies shall not allow for any advancement of such retroactive date. 3.4 Automobile Liability CONSULTANT shall at all times during the term of this Agreement obtain, maintain, and keep in full force and effect, a policy or policies of Automobile Liability Insurance, with minimum of one million dollars ($1,000,000) per claim and occurrence and two million dollars ($2,000,000) in the aggregate for bodily injuries or death of one person and five hundred thousand dollars ($500,000) for property damage arising from one incident. Said policy or policies shall be issued by an insurer admitted or authorized to do business in the State of California and rated in A.M. Best's Insurance Guide with a rating of A:VII or better. 3.5 Worker's Compensation CONSULTANT agrees to maintain in force at all times during the performance of work under this Agreement worker's compensation insurance as required by the law. CONSULTANT shall require any subcontractor similarly to provide such compensation insurance for their respective employees. 3.6 Notice of Cancellation (a) All insurance policies shall provide that the insurance coverage shall not be cancelled or modified by the insurance carrier without thirty (30) days prior written notice to CITY, or ten (10) days notice if cancellation is due to nonpayment of premium. Additionally, CONSULTANT shall provide immediate notice to the CITY if CONSULTANT receives a cancellation or policy revision notice from the insurer. (b) CONSULTANT agrees that it will not cancel or reduce any required insurance coverage. CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT's expense, the premium thereon. 3.7 Entire Policy and Certificate of Insurance At all times during the term of this Agreement, CONSULTANT shall maintain on file with the CITY Clerk both a copy of the entire policy and a certificate of insurance showing that the aforesaid policies are in effect in the required amounts. The commercial Page 4 of 11 general liability policy shall contain endorsements naming the CITY, its officers, agents and employees as additional insureds. 3.8 Primary Coverage The insurance provided by CONSULTANT shall be primary to any coverage available to CITY. The insurance policies (other than workers compensation and professional liability) shall include provisions for waiver of subrogation. ARTICLE 4 TERMINATION 4.1 Termination of Agreement (a) This Agreement may be terminated at any time, with or without cause, by the CITY upon thirty (30) days prior written notice or by CONSULTANT upon ninety (90) days prior written notice. Notice shall be deemed served if completed in compliance with Section 6.15. (b) In the event of termination or cancellation of this Agreement by CONSULTANT or CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid compensation for all services performed by CONSULTANT, in an amount to be determined as follows: for work satisfactorily done in accordance with all of the terms and provisions of this Agreement as determined by the CITY, CONSULTANT shall be paid an amount equal to the percentage of services performed prior to the effective date of termination or cancellation in accordance with the work items; provided, in no event shall the amount of money paid under the foregoing provisions of this paragraph exceed the amount which would have been paid to CONSULTANT for the full performance of the services described in this Agreement. ARTICLE 5 OWNERSHIP OF DOCUMENTS 5.1 Ownership of Documents and Work Product All final documents, plans, specifications, reports, information, data, exhibits, photographs, images, video files and media created or developed by CONSULTANT pursuant to this Agreement ("Written Products") shall be and remain the property of the CITY without restriction or limitation upon its use, duplication or dissemination by the CITY. All Written Products shall be considered "works made for hire," and all Written Products and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the CITY without restriction or limitation upon their use, duplication or dissemination by the CITY. CONSULTANT shall not obtain or attempt to obtain copyright protection as to any Written Products. Page 5 of 11 CONSULTANT hereby assigns to the CITY all ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in the CITY pursuant to the paragraph directly above this one. CONSULTANT warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the services and the production of all Written Products produced under this Agreement, and that the CITY has full legal title to and the right to reproduce the Written Products. CONSULTANT shall defend, indemnify and hold the CITY, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of CITY officials, harmless from any loss, claim or liability in any way related to a claim that CITY's use of any of the Written Products is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. CONSULTANT shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Written Products produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by the CITY is held to constitute an infringement and the use of any of the same is enjoined, CONSULTANT, at its expense, shall: (a) secure for CITY the right to continue using the Written Products and other deliverables by suspension of any injunction, or by procuring a license or licenses for CITY; or (b) modify the Written Products and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement. Upon termination, abandonment or suspension of the Project, the CONSULTANT shall deliver to the CITY all Written Products and other deliverables related to the Project without additional cost or expense to the CITY. If CONSULTANT prepares a document on a computer, CONSULTANT shall provide CITY with said document both in a printed format and in an electronic format that is acceptable to the CITY. ARTICLE 6 GENERAL PROVISIONS 6.1 Representation The CITY representative shall be the Director of Public Works or his or her designee, and CONSULTANT shall notify CITY of CONSULTANT's designated representative. These individuals shall be the primary contact persons for the parties regarding performance of this Agreement. Page 6 of 11 6.2 Fair Employment Practices/Equal Opportunity Acts In the performance of this Agreement, CONSULTANT shall comply with all applicable provisions of the California Fair Employment Practices Act (California Government Code Sections 12940-48), the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities Act of 1990 (42 U.S.C. § 11200, et seq.). 6.3 Audit The CITY or its representative shall have the option of inspecting, auditing, or inspecting and auditing all records and other written materials used by CONSULTANT in preparing its billings to the CITY as a condition precedent to any payment to CONSULTANT. CONSULTANT will promptly furnish documents requested by the CITY. Additionally, CONSULTANT shall be subject to State Auditor examination and audit at the request of the CITY or as part of any audit of the CITY, for a period of three (3) years after final payment under this Agreement. 6.4 Personnel CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULTANT's services under this Agreement. Any person who performs engineering services pursuant to this Agreement shall be licensed as a Civil Engineer by the State of California and in good standing. CONSULTANT shall make reasonable efforts to maintain the continuity of CONSULTANT's staff who are assigned to perform the services hereunder and shall obtain the approval of the Director of Public Works of all proposed staff members who will perform such services. CONSULTANT may associate with or employ associates or subcontractors in the performance of its services under this Agreement, but at all times shall CONSULTANT be responsible for its associates and subcontractors' services. 6.5 CONSULTANT's Representations CONSULTANT represents, covenants and agrees that: a) CONSULTANT is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or impediments of any kind that will limit or prevent CONSULTANT's full performance under this Agreement; c) to the extent required by the standard of practice, CONSULTANT has investigated and considered the scope of services performed, has carefully considered how the services should be performed, and understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. 6.6 Conflicts of Interest CONSULTANT agrees not to accept any employment or representation during the term of this Agreement or within twelve (12) months after completion of the work under this Agreement which is or may likely make CONSULTANT "financially Page 7 of 11 interested" (as provided in California Government Code Sections 1090 and 87100) in any decisions made by CITY on any matter in connection with which CONSULTANT has been retained pursuant to this Agreement. 6.7 Legal Action (a) Should either party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. (b) If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in addition to any other relief to which the party may be entitled. (c) Should any legal action about a project between CITY and a party other than CONSULTANT require the testimony of CONSULTANT when there is no allegation that CONSULTANT was negligent, CITY shall compensate CONSULTANT for its testimony and preparation to testify at the hourly rates in effect at the time of such testimony. 6.8 Assignment Neither this Agreement nor any part thereof shall be assigned by CONSULTANT without the prior written consent of the CITY. Any such purported assignment without written consent shall be null and void, and CONSULTANT shall hold harmless, defend and indemnify the CITY and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from any unauthorized assignment. Notwithstanding the above, CONSULTANT may use the services of persons and entities not in CONSULTANT's direct employ, when it is appropriate and customary to do so. Such persons and entities include, but are not necessarily limited to, surveyors, specialized consultants, and testing laboratories. CONSULTANT's use of subcontractors for additional services shall not be unreasonably restricted by the CITY provided CONSULTANT notifies the CITY in advance. 6.9 Independent Contractor CONSULTANT 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 over the conduct of CONSULTANT or any of the CONSULTANT's employees, except as herein set forth, and CONSULTANT is free to dispose of all portions of its time and activities which it is not obligated to devote to the CITY in such a manner and to such persons, firms, or corporations as the CONSULTANT wishes except as expressly Page 8 of 11 provided in this Agreement. CONSULTANT shall have no power to incur any debt, obligation, or liability on behalf of the CITY or otherwise act on behalf of the CITY as an agent. CONSULTANT shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of CITY. CONSULTANT agrees to pay all required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify and hold the CITY harmless from any and all taxes, assessments, penalties, and interest asserted against the CITY by reason of the independent contractor relationship created by this Agreement. CONSULTANT shall fully comply with the workers' compensation law regarding CONSULTANT and its employees. CONSULTANT further agrees to indemnify and hold the CITY harmless from any failure of CONSULTANT to comply with applicable workers' compensation laws. The CITY shall have the right to offset against the amount of any fees due to CONSULTANT under this Agreement any amount due to the CITY from CONSULTANT as a result of its failure to promptly pay to the CITY any reimbursement or indemnification arising under this Article. 6.10 Titles The titles used in this Agreement are for general reference only and are not part of the Agreement. 6.11 Entire Agreement This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended, or provisions or breach may be waived, only by subsequent written agreement signed by both parties. 6.12 Construction In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 6.13 Non-Waiver of Terms, Rights and Remedies Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by the CITY of any payment to CONSULTANT constitute or be construed as a waiver by the CITY of any breach of covenant, or any default which may then exist on the part of CONSULTANT, and the making of any such payment by the CITY shall in no way impair or prejudice any right or remedy available to the CITY with regard to such breach or default. Page 9 of 11 6.14 Severability If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 6.15 Notice Except as otherwise required by law, any payment, notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during CITY's regular business hours or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses listed below, or at such other address as one party may notify the other: To CITY: Michael W. Throne, Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 To CONSULTANT: Mr. Chuck Stephan, Vice President Sunbeam Solar Technologies, Inc. DBA Sunbeam Consulting 4315 East 1St Street Long Beach, CA 90803 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. Dated: 724((4 Sunbeam Solar Technologies, Inc. DBA � Sunbeam onsulting rCONSANT") By: N r Printed Name: kak3045(Clicti'� Title: k)\oLLQ/Caect --- By: g/ Printed Ni e: (kph.) 4-34,„_ Page 10 of 11 //t?iTitle: Ke�4 Dated: ��`3/' / CITY OF RANCHO PALOS VERDES ("CITY") B Ef M:yo� ATTEST: APPROVED AS TO FORM: By: (M, BY•. City Clerk City Attorney Page 11 of 11 Exhibit "A": City's Request For Proposals Exhibit "A" May 15, 2014 City of Rancho Palos Verdes Request for Proposal for Construction Inspection Services The City of Rancho Palos Verdes requests proposals from selected qualified consulting engineering firms to provide construction inspection services related to the City's FY2013-14 Annual Sidewalk Repair Program. The successful firm will provide Construction Inspection Services for the City's FY2013- 14 Annual Sidewalk Repair Program. The City is particularly looking for proposals from firms with staff having prior experience overseeing PCC sidewalk, driveway, and curb and gutter repair work. To be considered for this project, submit four (4) copies of the proposal to the Department of Public Works, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275, phone number (310) 544-5252, no later than 5:00 PM, on Thursday, May 29, 2014. The City's budget for the proposed project is roughly $140,000 and will soon be advertised for construction bids. It is the City's desire to begin construction towards the end of June/beginning of July of 2014 and the project is given 40 working days for completion. There are over 100 locations of concrete repair included in this project and they are spread out in various areas throughout the City. The scope of work is defined below. SCOPE OF WORK (a) Inspect work for compliance with specs while work is in progress— part-time inspection is requested (4 hours per working day) (b) Prepare Daily Inspection Reports and submit them to the City (c) Attend Weekly Progress Meetings (d)Attend Pre-Construction Meeting (e) Forward to the City in a timely fashion any resident concerns received City of Rancho Palos Verdes Request for Construction Inspection Services Proposal FY 13-14 Annual Sidewalk Repair Program 5/15/2014 Page 2 of 5 Clerical services and materials to carry out items listed above shall be incorporated into the costs of the appropriate items. FORM OF PROPOSAL The Proposal shall be prepared in a "two sealed envelope" format. The first sealed envelope shall contain the technical proposal and shall include: 1 . Qualifications and experience of the key individuals assigned to this contract. 2. Qualifications and experience of the firm 3. Project Approach utilizing the outline of required work as listed above The second envelope shall contain the cost proposal and shall be outlined as indicated below: Item Amount Comments Item 1 — Inspection Services (a) Inspect work for compliance with specs while work is in progress (4 hours per working day) (b) Prepare Daily Inspection Reports and submit them to the City (c) Attend Weekly Progress Meetings (d) Attend Pre-Construction Meeting (e) Forward to the City in a timely fashion any resident concerns received TOTAL $ EVALUATION PROCESS Technical proposals received will be evaluated on the following criteria: 1 . Experience of firm in performing this type of service. 2. Relevant experience of individual team members assigned to the project. 3. Understanding of project as demonstrated by the thoroughness of the proposal. 4. References from clients for whom similar work was performed. City of Rancho Palos Verdes Request for Construction Inspection Services Proposal FY 13-14 Annual Sidewalk Repair Program 5/15/2014 Page 3 of 5 5. Depth of staff available to perform services. 6. Previous work in RPV performed by the firm. 7. Previous work in RPV performed by members of the proposed team. 8. Interview (if applicable) All questions are to be submitted in writing to City of Rancho Palos Verdes Department of Public Works, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275, Attention: Melissa Countryman. Questions may be submitted via fax to (310) 544-5292 or e-mail to melissac(a�rpv.com . All questions must be received by 12:00 PM on Tuesday, May 27, 2014. Responses to written questions will be provided on Wednesday, May 28, 2014. Please note that the responses to this request for proposal are subject to the following conditions: Insurance The City of Rancho Palos Verdes requires the selected firm to have a minimum of $1,000,000.00 of general liability insurance, with $2,000,000.00 aggregate (listing the City as additional insured), a minimum of $1,000,000.00 professional liability insurance, and a minimum of $1,000,000.00 of automobile liability insurance, with $2,000,000.00 aggregate, prior to entering into an agreement with the City. Acceptance of Terms Submission of a proposal shall constitute acknowledgment and acceptance of all terms and conditions hereinafter set forth in the RFP unless otherwise expressly stated in the proposal. Right of Resection by the City Not withstanding any other provisions of this RFP, the City reserves the right to reject any and all proposals and to waive any informality in a proposal. Financial Responsibility The proposer understands and agrees that the City shall have no financial responsibility for any costs incurred by the proposer in responding to this RFP. City of Rancho Palos Verdes Request for Construction Inspection Services Proposal FY 13-14 Annual Sidewalk Repair Program 5/15/2014 Page 4 of 5 Interview If successful, the proposer will be invited to participate in an interview. The interview will be a part of the final selection process. Award of Contract The selected firm shall be required to enter into a written contract with the City of Rancho Palos Verdes, in a form approved by the City Attorney, to perform the prescribed work. This RFP and the proposal, or any part thereof, may be incorporated into and made a part of the final contract; however, the City reserves the right to further negotiate the terms and conditions of the contract with the selected consultant. The contract will, in any event, include a maximum "fixed cost" to the City of Rancho Palos Verdes. Conferences During the Proposal Preparation Period As of the issuance date of this RFP and continuing until the time for submitting proposal has expired, the City will provide relevant information and access to City facilities and documents as necessary for all proposers to familiarize themselves with the requirements set forth in the RFP. Access to City facilities shall be during normal business hours and will require at least twenty-four(24) hours advance notice. Number of Copies Required The proposer must submit four(4) copies of the proposal. • Proposals must be received by the Department of Public Works, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275, phone number (310) 544-5252, by the deadline indicated in this RFP. City of Rancho Palos Verdes Request for Construction Inspection Services Proposal FY 13-14 Annual Sidewalk Repair Program 5/15/2014 Page 5 of 5 Exhibit A FY 13-14 Annual Sidewalk Repair Program Project Scope Overview Major Project Component Estimated Quantity 4"PCC Sidewalk Repair 14,000 SF 6"PCC Sidewalk Repair(Driveway Approach) 3,000 SF PCC Curb and Gutter Repair,including A.C. curb slot 150 LF Exhibit "B": Consultant's Proposal and Schedule of Hourly Rates Exhibit "B" • Sunbeam Consulting 4315 E. 1st Street • N y • r r Long Beach, California 90803 May 29, 2014 City of Rancho Palos Verdes Department of Public Works 30940 Hawthorne Blvd Rancho Palos Verdes,CA 90275 Attention: Melissa Countryman RE: Construction Inspection Services for the City of Rancho Palos Verdes FY 2013-2014 Annual Sidewalk Repair Program Dear Mrs.Countryman: Sunbeam Consulting proposes to provide Professional Construction Inspection Services to the City of Rancho Palos Verdes for the Fiscal Year 2013-2014 Annual Sidewalk Repair Program. We appreciate the consideration and opportunity of providing these services to City of Rancho Palos Verdes. The principals of Sunbeam Consulting have decades of experience in civil engineering design, program management, project management, construction management, and inspection of Capital Improvement projects. We are able to assist the City of Rancho Palos Verdes in the required capacity, and draw upon additional resources if needed during the course of the assignment. We propose utilizing Mr. Jim Pugh to provide the professional inspection services for this project. Jim has many years of experience with similar inspection work for the City of Rancho Palos Verdes. Thank you for this opportunity to offer our services to the City of Rancho Palos Verdes. Should you have questions during the selection process, please contact Chuck at 310.525.0678. Per the RFP,a fee proposal has been provided in a separately sealed envelope. Sincerely Chuck Stephan, P.E. Vice President Sunbeam Consulting Project Management • Construction Management • Civil Engineering Design Tel: 866.714.BEAM • Fax: 310.329 1021 • www.sunbeamtech.net City of Rancho Palos Verdes Construction Inspection Services for COT NO FY2013-14 Annual Sidewalk Repair Program 111 C ONSULT ING Sunbeam Technologies, Inc., doing business as Sunbeam Sunbeam Consulting Consulting, provides civil engineering, capital improvement Sc project management, construction management and 4315 E. 1 Street inspection services to public agencies and private sectors in Long Beach CA 90803 addition to our founding energy related services. Sunbeam Technologies, Inc. was established in 2008 to provide Te1:866.714.BEAM engineering design, management, and contracting services to www.sunbeanitech.net public agencies, business, and private clients. Sunbeam's senior management offers decades of experience on public E-mail: chuck@sunbeamtech.net infrastructure and building projects with Southern California Direct: 310.525.0678 agencies. Contractor License No. • Civil Engineering 915894 (A& B) • Project Management • Construction Management& Observation LEED Accredited Professionals • Staff Assistance rCalifornia Registered Engineers • NPDES Program Implementation Qualified SWPPP Staff • ADA Assessment&Improvements • Plan Checking • Highway& Infrastructure Design • Storm Drainage &Design • Signing and Striping Plans • Parking Design &Analysis P A G E 2 1 City of Rancho Palos Verdes II 4 Construction Inspection Servicesfor p CONSUL T I FY2013-14 Annual Sidewalk Repair Program SCOPE OF WORK Project Understanding The City of Rancho Palos Verdes plans to construct Portland Cement Concrete (PCC)sidewalk, driveway, and curb and gutter repairs at various locations throughout the City of Rancho Palos Verdes. Construction is expected to begin in late June or early July, with 40 working days allotted to complete the work. The work is spread throughout the City in excess of 100 separate locations, which includes approximately 14,000 square feet of sidewalk,3,000 square feet of driveway,and 150 linear feet of curb and gutter repairs. Sunbeam Consulting will meet with City staff to review the project scope of work in detail, finalize document formats, and review the project schedule. Sunbeam will review existing City and utility records, and the project plans in detail. We will establish coordination with the Contractor, the City's Project Manager and commence work immediately upon approval.We will attend weekly meetings with the City throughout the duration of the project. Our scope of work will specifically include the following tasks: (a) Inspect work for compliance with specs while work is in progress – part-time inspection is requested(4 hours per working day). We will provide construction inspection services to ensure that the work is in compliance with contract documents.We will proactively examine each work area prior to demolition, to mark the construction limits, take photographs, verify accuracy, assure that the project is including work areas in accordance with the intent of the project, and to note any additional concerns that may be present—i.e. utility boxes, tree roots, and survey monuments.Any concerns will be forwarded to the City for disposition. (b) Prepare Daily Inspection Reports and submit them to the City. Daily project reports will be completed in the format required by the City, and transmitted to the City's Project Manager expeditiously. Reports will include daily photographic documentation. (c) Attend Weekly Progress Meetings. Our inspector will attend weekly, and additional project meetings,as required throughout the duration of the project. (d) Attend Pre-Construction Meeting. Our inspector and project manager will attend the Pre- Construction meeting with City staff. (e) Forward to the City in a timely fashion any resident concerns received. We will immediately transmit to the City any and all resident concerns generated during the course of the project. P A G E 3 1 'l' City of Rancho Palos Verdes a 1 Construction Inspection Services for II C O N r+ U L INGG FY2013-14 Annual Sidewalk Repair Program PROJECT EXPERIENCE Torrance Boulevard Rehabilitation,T-43/44 Torrance, CA Alto"Via ‘4;, ,s, _1. 41(.7-.151 -iii,..' Consultant Cost: $81,905 �= _ _ -jit.: • � 'i.,--, � -_� Construction Cost: 832,789 . ' i...''' _F' Owner: City of Torrance !'�` �� i Completion Date: July 2011 _. ;._ _• _ Construction Manager: Derry MacMahon _. - ., ''. .' .. :' Construction Observer: Cris Cole 4 � '�' i Contact: Elizabeth Overstreet City Engineer ` ` 310.618.3074 " .4„`.:�- The scope of work consisted of the grinding and removal of existing pavement, concrete and asphalt paving, pavement slurry seal, removal and reconstruction of sections of the street, construction of curb and gutter, sidewalks, driveways, ADA ramps, irrigation and landscaping of existing medians, striping and adjustment of utilities and other work. In addition to the above the project involved the removal and replacement of 50,500 SF of residential sidewalks, and the removal and replacement of cross gutters at 9 intersections. Street Improvements&Traffic Signal Upgrades on Crenshaw Blvd&120th Street Hawthorne, CA ; Consultant Cost: $90,000 N_ Construction Cost: $4,693,000 Owner: City of Hawthorne �� _ • '... ,- ` .1 Completion Date: January 2011AL r _ „, - . 4. ,, ... Contact: Mr.Arnold Shadbehr, P.E. T - '13-V 40. Director of Public Works/ r- ..fes. , r- ,... City Engineer f '.' 77-.:*-;--.” IA ____ (949) 768-0731 - "i _ Construction Manager: Derry Mac Mahon Funding Source: HPLUL Construction Management & Inspection Services for the upgrade of traffic signals at the following intersections: Crenshaw Boulevard / 120th Street, Crenshaw Boulevard. / Jack Northrop Avenue, Crenshaw Boulevard / El Segundo Boulevard, Prairie Avenue / 120th Street, 120th Street/ Doty Avenue and 120th Street/Van Ness Avenue. In addition to the above work the following sections of street were upgraded: Crenshaw Boulevard between the 105 Freeway and 135th Street and the section of 120th Street between Prairie Avenue and east of Van Ness Avenue. New raised landscaped medians were p constructed along Crenshaw Boulevard. A G E 4 rf City of Rancho Palos Verdes II 4 l Construction Inspection Services for • N , N a FY2013-14 Annual Sidewalk Repair Program City Wide Street Improvement Project Hawthorne, CA - • r •I:.•1 4,1I:` Construction Cost: $2,300,000 rt .-- ®�• .r ,ii i 'W1 Owner: City of Hawthorne I t �'�"' R 7 t p Completion Date: May 2011 '. �' a Contact: Akbar kba Farokhi1 1r * - -- , Senior Engineer (310)349-2983 ,_ - _. Construction Manager: Derry MacMahon 1 Construction Inspector: Scott Neumann '± Funding Source: ESPL �. y - AK INV. Sunbeam staff provided Construction Management and I Observation for street and sidewalk rehabilitation at multiple A P t . i=. f: sites in the City of Hawthorne.This project removed and replaced ,t...... x1 .a a 1,-'-; curb ramps, driveways and sidewalk, agrind n and overlay with ,•. - �; t '` --=�1 ARHM, new signage and striping andtheconstruction ti -_�'� � � p g co of new - landscaped medians. The project area consisted of Rosecrans Boulevard from Crenshaw Blvd to Prairie Ave; Prairie Avenue ;,-1.7,-,-v4,'!--L from the 105 Freeway to El Segundo Blvd; 135th Street from -4,,t-- �•�. Hawthorne Blvd to Inglewood Blvd. This was a federally funded project. Harbor Boulevard Rehabilitation Project; Harbor Boulevard & La Habra Boulevard Improvement Project La Habra, C A Cost: $2,400,000 Owner: City of La Habra a —�._ .I Completion Date: September 2009 = - . , Contact: Sam Makar L K '- Senior Civil Engineer ____ - -- "-_ 1 (562) 905-9720 '' _ Project/Const Manager: Chuck Stephan, P.E. 1,_____ waiw �'! Construction Observer: Mauricio Zeledon, P.E L Construction Observer: Nicolas Hsieh, P.E. Funding Source: STPL .. This federally-funded STPL project rehabilitated one mile of Harbor Blvd from Lambert Rd to Whittier Blvd, and improved the intersection at La Habra Blvd by widening the street and installing additional right and left turn lanes. This project was constructed in conjunction with a Rule 20 utility undergrounding project, and commercial improvements at adjoining properties. Work included storm drain box culvert; storm drains; curb, gutter, sidewalks, driveways; water pipelines, meter and fire P hydrant relocations; bore casing under railroad right-of-way; traffic signals; pavement construction and A asphalt rubber hot mix overlay. G E 5 1/4. City of Rancho Palos Verdes Construction Inspection Services for N S L , I N a FY2013-14 Annual Sidewalk Repair Program Crenshaw Boulevard Improvements Torrance, CA Construction Cost: $2,000,000 _ rr Consultant Cost: $92,665 * Owner: City of Torrance 4 — Completion Date: May 2010 /111616.7. Contact: Elizabeth Overstreet . City Engineer j . 310.618.3074 _. Project Manager: Chuck Stephan, P.E. j ' Construction Observer: Crispen Cole Alt. Const. Observer: Don Wren Jr. Funding: ARRA -ham L �•. Sunbeam Staff provided Construction Inspection services for the City of Torrance for street improvements to Crenshaw Blvd from Maricopa Street to Sepulveda Boulevard. Specific improvements include AC pavement reconstruction, repair, and overlay; replacement of damaged curb, gutter, and sidewalks; and construction of ADA curb access ramps. The project will be constructed with, and in compliance with, federal-aid American Recovery and Reinvestment Act (ARRA) of 2009. The scope of work includes daily record keeping and inspection, weekly notes and reports, photographs, change order and Request for Information coordination, DBE/UDBE monitoring, Quality Assurance Program (QAP) implementation, City and utility coordination. Valley Drive and Aviation Blvd Manhattan Beach, CA �`"�'��'^" ►�'` ' � hex j '� Consultant Cost (Valley Drive): $350Kt;}. � " Consultant Cost (Aviation Blvd) $120K Owner: City of Manhattan Beach -r Start Date: November 2009 �- �' ' Completion Date: March 2010 Contact: Steve Finton, P.E _ z _ -- City Engineer (310)802-5352 r Project Manager: Chuck Stephan, P.E. ` Assistant Project Manager: Christine Kaskara, P.E. -, Construction Observer: Cris Cole Sunbeam Staff provided Construction Engineering and Project Management services for the City of Manhattan Beach for these two projects including rehabilitation of Aviation Boulevard from Marine Avenue to Manhattan Beach Boulevard, and Valley Drive from 15th Street to Sepulveda Boulevard. The worked included asphalt pavement milling and overlay, localized reconstruction, utility adjustments, P striping and markings, and other incidental work. Both of these projects were funded with ARRA grants. A G E 6 ql qi,,,.. City of Rancho Palos Verdes A Construction Inspection Services for ONSTINFY2013-14 Annual Sidewalk Repair Program Annual Street Overlay Project 2010 Rancho Palos Verdes, CA .p.;: , lin t►.:' 4'4 :-- ‘,._.„.„....16,..401c. ' _: Cost: $1.3 million .,__., f Owner: City of Rancho Palos Verdes y, Completion Date: 2010 '��' Contact: Nicole Jules, P.E.Senior Engineer -1"- "' '=,,` • (310)377-0360 �,,,; __""��_�__ "Il‘ .�;.fes Principal-In-Charge: Chuck Stephan, P.E. =_ Project Manager: Chuck Stephan, P.E. Design Engineer: Nicolas Hsieh, P.E. Construction Manager: Chuck Stephan, P.E. Construction Observer: Cris Cole, P.E. Sunbeam Staff provided project and construction management services for the City of Rancho Palos Verdes 2010 pavement rehabilitation project, which included street repairs consisting of Cape Seal, slurry seal, and reconstruction, ADA improvements, PCC curb, gutter, sidewalk and driveway repairs, signage, and striping. This $1.3 million project rehabilitated 92 residential and collector streets (15 miles). Annual Street Overlay Project 2006&2007 Rancho Palos Verdes, CA gr::. Cost: $1,487,000 Owner: City of Rancho Palos Verdes .4.i _ . y F Completion Date: 2006 &2007 '" „_ - i---�L." Contact: Ron Dragoo,Senior Engineer ;,:,= (310)544-5246 Principal-In-Charge: Chuck Stephan, P.E. Project Manager: Alan Braatvedt Construction Manager: Derry Mac Mahon Construction Observer: Kevin Klaus, P.E. Responsible for contractor coordination, documentation and controls including preliminary notices, invoicing, submittals, certified payrolls, releases, etc. Also conducted and documented regular meetings and dealt with the numerous public relations issues. Closed out the project and filed the Notice of Completion. P A G E 7 City of Rancho Palos Verdes Construction Inspection Services for ., r, FY2013-14 Annual Sidewalk Repair Program McCarrell Canyon Rancho Palos Verdes, California APWA Southern California Chapter. ofthe Year j ,=- f P Project -_ 2009 Water& Wastewater Construction Cost: $5,000,000 T-.• 7 —_..~ Owner: City of Rancho Palos Verdes ,.: r , Completion letion Date: April 2010 � t�, /, ,.....514:_r. x Contact: Ron Dragoo r Senior Project Engineer4i ___ 310.544.5246 Project Manager: Alan Braatvedt "ii). ---:i - i '4 1 , This major storm drain project was for the pipeline installation to convey water from the steep McCarrell Canyon through 3,000-feet of pipeline to the beach in the City of Rancho Palos Verdes. - Sunbeam Staff was involved in the development of the concept N-1,'. .....- design, selection of the design engineering firm and managing the - g g ;- .*-i�`�,. 1714,.*:°` project all the way through the design phase. The design was g g P g w- developed into an extremely innovative design with numerous fail- . - �'' i - �,_._ . `` 1 = V741%, afe components. The main components of the project are: A large intake structure; 500-feet of 54-inch CMP• 2,300-feet of 66-inch steel lir7\,,,-1.4., -....t, lot,- pipe and a 300-foot slant drain through the bluff to the beach, , -..erf ,l'"1—\s �� constructed in a tunneling operation. Arterial Roads Rehabilitation Project Fiscal Year 2010-2011 Rancho Palos Verdes, California Consultant Cost: $70,000 -3-=. Construction Cost: $2 million Owner: City of Rancho Palos Verdes Completion Date: July 2011 . . Project Manager: Chuck Stephan, P.E. w. =_� e0) )T Design Engineer: Chuck Stephan, P.E. Nicolas Hsieh, P.E. �... -- Contact: Nicole Jules, P.E. r. - Senior Engineer t« j 310.544.5275 Prepared Plans, Specifications and Estimate for the rehabilitation of Palos Verdes (PV) Drive South in the City of Rancho Palos Verdes. PV Drive South is a challenging arterial highway winding along the bluffs of the Palos Verdes peninsula overlooking the Pacific Ocean.The street varies from a fully developed 4 lane P divided highway with bicycle path, to a 2 lane highway over unstable creeping subgrade soils. A Rehabilitation strategies included selective removal and replacement (R&R) areas, asphalt rubber hot G E 8 �, • ��il City of Rancho Palos Verdes Construction Inspection Services for FY2013-14 Annual Sidewalk Repair Program mix (ARHM) and conventional asphalt overlays, and microsurface application. Work included the relocation and improvement of bus pads and shelters, retaining walls, PCC repairs, striping and markings. A comprehensive traffic sign field review and replacement plan was prepared to bring all traffic signs into uniformity and conformance with MUTCD requirements. Storm Drain Structural Lining CIPP Rehabilitation Project Rancho Palos Verdes,California Construction Cost: $356,151 Owner: City of Rancho Palos Verdes Completion Date: April 2009 • • Contact: Ron Dragon • - Senior Project Engineer ' ' -,._ .� 310.544.5246 •• , • , Project Manager: Kevin Klaus , Construction Inspector: Scott Neumann t. ;.: y , _�,, �; • • 1 Sunbeam Staff provided Construction Management and Inspection Services for the Strom Drain Structural Lining Project for the City of Rancho Palos Verdes. The scope of work for this project included Video inspection of 5066 LF of storm drain lines; 1712 LF of cleaning in the existing storm drain lines; and installation of structural lining in ~2400 LF of existing storm drain line. The City of Rancho Palos Verdes is highly dependent upon a system of inlets, outlets, and corrugated metal pipes (CMP) to drain the terraced communities of this oceanfront peninsula. This project was part of the City's storm drain rehabilitation project and involved the rehabilitation of numerous CMP storm drains throughout the City. Sunbeam Staff managed the evaluation of the existing system, pipe preparation, and installation of new cured in place pipe materials. This work will extend the life of storm drain lines that were determined to be most deteriorated and at risk of failure. P A G E 9 City of Rancho Palos Verdes 4 Construction Inspection Services for N , N a FY2013-14 Annual Sidewalk Repair Program KEY PERSONNEL JIM PUGH Entered Profession Public Works Inspector 1989 Jim has twenty-five years of experience in inspection and maintenance on all phases Public Works projects. Typical work Professional Affiliations has included the following assignments: American Water Works • Inspect new curb,gutter and sidewalks Association(AWWA) • Inspect conventional and AHRM asphalt and overlay The National Utility Contractors • Inspect City wide slurry seal/micro surface Association(NUCA) Inspect Citywide ARAM (Asphalt Rubberized Aggregate California Emergency Response • ( pTechnologies,Membrane) Inc Slurry seal association • Inspect new storm drain and sewer pipeline installations Chip Seal association and outfall structures • Inspect large diameter steel mortar lined and coated water pipe • Inspect CIPP and fold and form pipe from 6"to 30"on Sewer and storm drain pipelines. • View and approve pre-lining video and assess point repairs. View post video to assure quality and to approve job quantities. • Inspect gabion baskets and barrier walls • Inspect slope improvement and stabilization projects • Communicate and work with surrounding Utilities, local agencies and Contractors to insure compliance with City Standards. • Update job specifications and standard detail requirements. • Communicate with City staff on a daily basis,summarize all work performed daily • Prepare job status reports, agendas, approve unit prices from contractors, issue noncompliance and correction notices. • Measure and approve job quantities and pay estimates • Create pavement management and striping data bases and evaluate inventory • Prepare material submittals and transmittals. • Prepare cost proposals •Attend progress meetings with engineers and contractors Principals of hot mix asphalt•Asphalt Institute Utility Inspection Course • Ventura County• 2007 Traffic Control•San Diego,Ca •2005 Competent Person Training/Trench Shoring •Anaheim, Ca •2003 Water Distribution 2 • Thousand Oaks, Ca •2000 Water Technology Training•Alta Loma, Ca •2000 Tunnel Construction Safety/Confined S ace • Woodland Hills, P Ca•1997 Weldingand Technology•Simi Valley, Ca • 1993 A G E 10 City of Rancho Palos Verdes I j Construction Inspection Services for CONSULTiNG FY2013-14 Annual Sidewalk Repair Program REFERENCES City of Hawthorne 4455 W. 126th St. Hawthorne,CA 90250 Arnie Shadbehr, Public Works Director (310)349-2985 City of Hermosa Beach 1315 Valley Drive Hermosa Beach,CA 90254-3885 Frank Senteno, Public Works Director (310)318-0238 City of La Habra 201 E. La Habra Blvd La Habra CA 90633-0337 Sam Makar,Senior Civil Engineer (562)905-9720 City of Manhattan Beach 1400 Highland Avenue Manhattan Beach,CA 90266 Gilbert Gamboa,Senior Civil Engineer (310)802-5352 City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes,CA Nicole Jules,Senior Engineer (310)377-0360 P A G E 11 ' , r 4315 E 1"Street Long Beach,California 90803 www.sunbeamtech.net j CONSULT I N G Sunbeam Consulting City of Rancho Palos Verdes Request for Proposal for Construction Inspection Services FY2013-14 Annual Sidewalk Repair Program Fee Proposal Item Amount Item 1-Inspection Services (a) Inspect work for compliance with $16,800.00 specs while work is in progress (4 hours per working day) (b) Prepare Daily Inspection Reports $4,200.00 and submit them to the City (c)Attend Weekly Progress $840.00 Meetings (d)Attend Pre-Construction Meeting $420.00 (e) Forward to the City in a timely $1,050.00 fashion any resident concerns received TOTAL $23,310.00 Project Management • Construction Management • Civil Engineering Design 1 Exhibit "C": TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. Consultant acknowledges that the project as defined in this Agreement between Consultant and the City, to which this Terms for Compliance with California Labor Law Requirements is attached and incorporated by reference, is a "public work" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b)the rules and regulations established by the Director of Industrial Relations ("DIR") implementing such statutes. Consultant shall perform all work on the project as a public work. Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 4. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 5. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. 7. Consultant acknowledges that eight(8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 Exhibit "C" concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay. 8. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby 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 workers' 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." 9. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 10. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive termination of the Agreement. Exhibit "C"