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,
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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
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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
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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.
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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.
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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
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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
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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.
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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.
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Page 10 of 11
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ATTEST: APPROVED AS TO FORM:
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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
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City of Rancho Palos Verdes
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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.
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'l' City of Rancho Palos Verdes
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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
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4 l Construction Inspection Services for
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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
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City of Rancho Palos Verdes
Construction Inspection Services for
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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
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A Construction Inspection Services for
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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.
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City of Rancho Palos Verdes
Construction Inspection Services for
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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
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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.
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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
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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
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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"