CC SR 20160517 L - Sidewalk Repair Project - Hardy & Harper and SunbeamRANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 05/17/2016
AGENDA HEADING: Consent Calendar
Consideration and possible action to award a construction agreement to Hardy &
Harper, Inc., for the construction of the Annual Sidewalk Repair and Replacement
Program Project, and to award a Professional Services Agreement to Sunbeam
Consulting for inspection services.
RECOMMENDED COUNCIL ACTION:
(1) Approve the project specifications on file in the Public Works Department for the
Sidewalk Repair and Replacement Program FY15-16;
(2) Award a Public Works Agreement, in a form approved by the City Attorney, to
Hardy & Harper, Inc., for construction services related to the Sidewalk Repair and
Replacement Program FY15-16 for an amount not -to -exceed $303,000;
(3) Award a Professional Services Agreement, in a form approved by the City
Attorney, to Sunbeam Consulting for Construction Management and Inspection
services for the amount of $25,200;
(4) Authorize Staff to use an additional 10% ($30,300) for a construction contingency.
FISCAL IMPACT: N/A
Amount Budgeted: $358,500
Additional Appropriation: N/A
Account Number(s): 202-3003-431-43-00
ORIGINATED BY: Ron Dragoo, PE, Principal Engineer
REVIEWED BY: Michael Throne, PE, Director of Public Works
APPROVED BY: Doug Willmore, City Manager ",,I-'
ATTACHED SUPPORTING DOCUMENTS:
A. Public Works Agreement - Hardy & Harper, Inc. (page A-1)
B. Professional Services Agreement - Sunbeam Consulting (page B-1)
C. Proposal - Sunbeam Consulting (page C-1)
D. Project Location Map (page D-1)
BACKGROUND AND DISCUSSION:
Annually, the City implements a sidewalk repair program where damaged sidewalk is
repaired at various locations throughout the City. The City is sub -divided into nine (9)
maintenance zones (see Attachment D). As requests are received regarding uplifted
and/or damaged sidewalk throughout the year, the locations are made safe by
temporarily installing asphalt to smooth the uplifted/damaged concrete. The locations
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are logged and a database of repair areas is maintained until the quantity of repairs is
sufficient to initiate a project for the permanent repairs.
The FY15-16 budget included $250,000 budgeted for this project. Although the bids
came in higher than the budgeted project amount, Staff recommends proceeding with
the award since the additional funds needed are available and have been appropriated
within the larger program budget.
Construction Contract
The project was publicly advertised and sealed bids were received and opened on April
27, 2016. Three bids were received; Hardy & Harper, Inc., submitted the lowest
responsible bid. The following table summarizes the bids received:
BID SUMMARY
Construction Company
Bid Amount
Hardy & Harper, Inc.
$303,000
Best Contractors, Inc.
$321,775
Nobest, Inc.
$395,000
Staff has verified Hardy & Harper, Inc.'s references and found their past performance on
jobs of similar size and scope to be satisfactory. Hardy & Harper, Inc. has performed
similar work for several agencies throughout Southern California, including the City of
Norco, City of Rancho Cucamonga, and City of Simi Valley. Their bid, bonds, and
insurance documents are in order and their contractor's license and City business
license are current.
Professional Services Agreement
Staffers employed by Sunbeam Consulting have a unique understanding of the work
and construction methods associated with this project. Sunbeam inspectors have been
involved in identifying areas that need to be repaired and contributed to the
development of the project specifications. Accordingly, to preserve the continuity of the
project, Staff is recommending awarding a Professional Services Agreement to
Sunbeam Consulting for Construction Management and Inspection services.
ALTERNATIVES:
In addition to the recommended actions, the City Council may consider the following
alternative:
Direct Public Works to reduce the bid quantities to meet the line item
budgeted amount of $250,000.
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CITY OF RANCHO PALOS VERDES
PUBLIC WORKS AGREEMENT
ANNUAL SIDEWALK REPAIR PROGRAM, FISCAL YEAR 2015-2016
THIS AGREEMENT ("Agreement") is made and entered this 17th day of May, 2016, by and between the
CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and Hardy & Harper,
Inc., a California corporation ("Contractor"). Contractor's license number is 215952.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
Scope of Services. Contractor shall perform the work and provide all labor, materials,
equipment and services in a good and workmanlike manner for the project identified as the
ANNUAL SIDEWALK REPAIR PROGRAM, FISCAL YEAR 2015-2016 (Project), as described
in this agreement and in the Contract Documents (including Notice Inviting Bids, the
Instructions to Bidders, the Proposal, the General Provisions, the Special Provisions,
Appendices I through VI, the Plans and all addenda prepared prior to the date of bid opening
setting forth any modifications or interpretations of any said documents), which are attached
hereto as Exhibit "A" and incorporated herein by this reference, including miscellaneous
appurtenant work. All work shall be performed in accordance with the 2012 edition of the
Standard Specifications for Public Works Construction (commonly known as the "Greenbook")
published by Public Works Standards Inc. (collectively "Standard Specifications"), which is
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.
2. Extra Work. Extra work, when ordered in writing by the Director of Public Works and accepted
by the Contractor, shall be paid for underwritten work order in accordance with the terms
therein provided. Payment for extra work will be made at the unit price or lump sum previously
agreed upon in writing between the Contractor and the Director of Public Works. All extra work
shall be adjusted daily upon report sheet furnished by the Contractor, prepared by the Director
of Public Works, and signed by both parties, and said daily report shall be considered
thereafter the true records of extra work done.
3. Effective Date. This Agreement is effective as of the date listed above, and shall remain in full
force and effect until Contractor has rendered the services required by this Agreement.
4. Time. Time is of the essence in this Agreement.
5. Force Majeure. Neither the City nor Contractor shall be responsible for delays in performance
under this Agreement due to causes beyond its control, including but not limited to acts of God,
acts of the public enemy, acts of the Government, fires, floods or other casualty, epidemics,
earthquakes, labor stoppages or slowdowns, freight embargoes, unusually severe weather,
and supplier delays due to such causes. Neither economic nor market conditions nor the
financial condition of either party shall be considered a cause to excuse delay pursuant to this
Section. Each party shall notify the other promptly in writing of each such excusable delay, its
cause and its expected delay, and shall upon request update such notice.
6. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor
a not to exceed amount of Three hundred and three thousand dollars ($303,000.00) plus a
contingency of thirty thousand and three hundred dollars ($30,300.00) in accordance with the
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prices as submitted in Contractor's Proposal, attached hereto as Exhibit "B" and incorporated
herein by this reference.
7. Payments. City shall make payments within thirty (30) days after receipt of an undisputed and
properly submitted payment request from Contractor. City shall return to Contractor any
payment request determined not to be a proper payment request as soon as practicable, but
not later than seven (7) days after receipt, and shall explain in writing the reasons why the
payment request is not proper.
A payment shall be made as the City Council of the City prescribes upon estimates approved by
the City Council. However, progress payments shall not be made in excess of ninety-five percent
(95%) of the percentage of actual work completed plus a like percentage of the value of material
delivered on the ground or stored subject to, or under the control of, the City, and unused. The
City shall withhold not less than five percent (5%) of the Agreement price until final completion
and acceptance of the Project. However, at any time after fifty percent (50%) of the work has been
completed, if the City Council of the City finds that satisfactory progress is being made, it may, at
its discretion, make any of the remaining progress payments in full for actual work completed.
8. Substitute Security.
A. At the written request and expense of Contractor, securities equivalent to any moneys
withheld by the City to ensure performance under this Agreement shall be deposited with
the City, or with a state or federally chartered bank in the State of California as the escrow
agent, that shall then pay those moneys to Contractor. Upon satisfactory completion of
the Agreement, the securities shall be returned to Contractor.
B. Alternatively, Contractor may request that the City shall make payment of retentions
earned directly to the escrow agent at the expense of Contractor. At the expense of
Contractor, Contractor may direct the investment of the payments into securities, and
Contractor shall receive the interest earned on the investments upon the same terms
provided for securities deposited by Contractor. Upon satisfactory completion of the
Agreement, Contractor shall receive from the escrow agent all securities, interest, and
payments received by the escrow agent from the City, pursuant to the terms of this
Section.
C. Securities eligible for investment shall include those listed in California Government Code
Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand
deposit accounts, standby letters of credit, or any other security to which Contractor and
the City mutually agree in writing. Contractor shall be the beneficial owner of any
securities substituted for moneys withheld and shall receive any interest thereon.
D. If Contractor elects to receive interest on moneys withheld in retention by the City, it shall,
at the request of any subcontractor performing more than five percent (5%) of Contractor's
total bid, make that option available to the subcontractor regarding any moneys withheld
in retention by Contractor from the subcontractor. Further mandatory details are provided
in Public Contract Code Section 22300(d), which is incorporated herein by this reference.
E. The escrow agreement for security deposits in lieu of retention shall be substantially
similar to the form provided in Public Contract Code Section 22300(f), which is
incorporated herein by this reference.
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9. Taxes. Contractor shall calculate payment for all sales, unemployment, old age pension and
other taxes imposed by local, State of California and federal law. These payments are included
in the total amounts in Exhibit "B."
10. Audit. The City or its representative shall have the option of inspecting and/or auditing all records
and other written materials used by Contractor in preparing its billings to the City as a condition
precedent to any payment to Contractor. Contractor will promptly furnish documents requested
by the City. Additionally, Contractor 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.
11. Unresolved Disputes. In the event that a dispute arises between the City and Contractor
regarding whether the conditions materially differ, involve hazardous waste, or cause a decrease
or increase in Contractor's cost of or time required for performance of any part of the work,
Contractor shall not be excused from any scheduled completion date provided for by the
Agreement, but shall proceed with all work to be performed under the Agreement. Contractor
shall retain any and all rights provided that pertain to the resolution of disputes and protests
between the parties. In the event of any dispute or controversy with the City over any matter
whatsoever, Contractor shall not cause any delay or cessation in or of work, but shall proceed
with the performance of the work in dispute. This includes disputed time extension requests and
prices for changes. The disputed work will be categorized as an "unresolved dispute" and
payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor
shall keep accurate, detailed records of all disputed work, claims and other disputed matters.
Public Contract Code Sections 20104 et seq. and Rancho Palos Verdes Municipal Code chapter
3.24 ("Claims Against the City") shall govern the procedures of the claim process, and these
provisions are incorporated herein by this reference.
12. Termination. This Agreement may be canceled by the City at any time with or without cause
without penalty upon thirty (30) days' written notice. In the event of termination without fault of
Contractor, City shall pay Contractor for all services satisfactorily rendered prior to date of
termination as determined by the City, and such payment shall be in full satisfaction of all services
rendered hereunder.
13. Indemnity.
a. Contractor's Duty. To the maximum extent permitted by law, Contractor shall defend,
indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers,
agents, successors, assigns, and those City agents serving as independent contractors in
the role of City officials (collectively "Indemnitees") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, proceedings, suits, losses, bid
protests, stop notices, judgments, fines, liens, penalties, liabilities, costs and expenses of
every kind and nature whatsoever, in any manner arising out of or incident to any act,
failure to act, error or omission of Contractor or any of its officers, agents, servants,
employees, subcontractors, materialmen, suppliers or their officers, agents, servants or
employees, arising out of the Agreement, including without limitation, the payment of all
consequential damages, attorneys' fees, experts' fees, and other related costs and
expenses (individually, a "Claim," or collectively, "Claims"). Further, Contractor shall
appoint competent defense counsel approved by the City Attorney at Contractor's own
cost, expense and risk, to defend any and all such Claims that may be brought or instituted
against Indemnitees. Contractor shall pay and satisfy anyjudgment, award or decree that
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may be rendered against Indemnitees in any such Claim. Contractor shall reimburse
Indemnitees for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Contractor's obligation
to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor
or Indemnitees. This indemnity shall apply to all Claims regardless of whether any
insurance policies are applicable.
b. Bid Protests. In addition to its obligations pursuant to Section 13(a), Contractor shall
reimburse the City for all attorneys' fees and costs incurred by City in connection with,
arising out of or incident to any bid protest.
c. Civil Code Exception. Nothing in Section 13(a) shall be construed to encompass
Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying
Agreement is subject to Civil Code section 2782(a) or the City's active negligence to the
limited extent that the underlying Agreement is subject to Civil Code section 2782(b).
d. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may
possess against Contractor because the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. This indemnity
provision is effective regardless of any prior, concurrent, or subsequent active or passive
negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any
such negligence.
e. Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under
or through it, hereby waives all rights of subrogation and contribution against the
Indemnitees, while acting within the scope of their duties, from all Claims arising out of or
incident to the activities or operations performed by or on behalf of the Contractor
regardless of any prior, concurrent or subsequent active or passive negligence by
Indemnitees.
f. Survival. The provisions of this Section 13 shall survive the termination of this Agreement
and are in addition to any other rights or remedies that Indemnitees may have under the
law. Payment is not required as a condition precedent to an Indemnitee's right to recover
under this indemnity provision, and an entry of judgment against a Contractor shall be
conclusive in favor of the Indemnitee's right to recover under this indemnity provision.
14. Incorporation by Reference. All of the following documents are attached hereto and
incorporated herein by this reference: Insurance Requirements for the City of Rancho Palos
Verdes Public Works Contract; Workers' Compensation Certificate of Insurance; Additional
Insured Endorsement (Comprehensive General Liability); Additional Insured Endorsement
(Automobile Liability); and Additional Insured Endorsement (Excess Liability).
15. Antitrust Claims. In entering into this Agreement, Contractor offers and agrees to assign to the
City all rights, title, and interest in and to all causes of action it may have under Section 4 of the
Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with
Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising
from purchases of goods, services, or materials pursuant to the Agreement. This assignment
shall be made and become effective at the time the City tenders final payment to Contractor
without further acknowledgment by the parties.
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16. Trenching and Excavations. If the project involves trenching more than four (4) feet deep,
Contractor shall promptly and before the following conditions are disturbed notify the City in
writing of any: material that Contractor believes may be material that is hazardous waste, as
defined in California Health and Safety Code Section 25117, that is required to be removed to a
Class I, Class II, or Class III disposal site in accordance with provisions of existing law;
subsurface or latent physical conditions at the site differing from those indicated; or unknown
physical conditions at the site of any unusual nature, different materially from those ordinarily
encountered and generally recognized as inherent in work of the character provided for in the
Agreement. The City shall promptly investigate the conditions, and if the City finds that the
conditions do materially differ or do involve hazardous waste and cause a decrease or increase
in Contractor's cost of or the time required for performance of any part of the work, the City shall
issue a change order.
17. Utilities. The City acknowledges its responsibilities under Government Code section 4215 and
incorporates that section herein by this reference.
18. Location of Existinq Elements. The methods used and costs involved to locate existing
elements, points of connection and all construction methods are Contractor's sole responsibility.
Accuracy of information furnished, as to existing conditions, is not guaranteed by the City.
Contractor, at its sole expense, must make all investigations necessary to determine locations
of existing elements, which may include, without limitation, contacting U.S.A. Alert and other
private underground locating firm(s), utilizing specialized locating equipment and/or hand
trenching.
19. Independent Contractor. Contractor is and shall at all times remain, as to the City, a wholly
independent contractor. Neither the City nor any of its agents shall have control over the conduct
of Contractor or any of the Contractor's employees, except as herein set forth, and Contractor 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 at the Contractor wishes except
as expressly provided in this Agreement. Contractor shall have no power to incur any debt,
obligation, or liability on behalf of the City, bind the City in any manner, or otherwise act on behalf
of the City as an agent. Contractor 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. Contractor agrees to pay all required taxes on amounts paid to Contractor 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. Contractor shall fully comply with the workers'
compensation law regarding Contractor and its employees. Contractor further agrees to
indemnify and hold the City harmless from any failure of Contractor to comply with applicable
workers' compensation laws. The City shall have the right to offset against the amount of any
compensation due to Contractor under this Agreement any amount due to the City from
Contractor as a result of its failure to promptly pay to the City any reimbursement or
indemnification arising under this Section.
20. Prevailing Wages. City and Contractor acknowledge that this project is a public work to which
prevailing wages apply. The Agreement to Comply with California Labor Law Requirements is
attached hereto and incorporated herein by this reference. Eight hours of labor constitutes a legal
day's work.
21. Workers' Compensation. California Labor Code Sections 1860 and 3700 provide that every
contractor will be required to secure the payment of compensation to its employees. In
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accordance with the provisions of California Labor Code Section 1861, the Contractor 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 under- take 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."
22. Subcontracting. Contractor shall adhere to all provisions of the Subletting and Subcontracting
Fair Practices Act, Public Contract Code Section 4100 et seq., which is incorporated herein by
this reference.
23. Nondiscriminatory Employment. Contractor shall not unlawfully discriminate against any
individual based on race, color, religion, nationality, gender, sex, sexual orientation, age or
condition of disability. Contractor understands and agrees that it is bound by and will comply
with the nondiscrimination mandates of all statutes and local ordinances and regulations.
24. Debarred, Suspended or Ineligible Contractors. Contractor shall not be debarred throughout
the duration of this Agreement. Contractor shall not perform work with debarred subcontractor
pursuant to California Labor Code Section 1777.1 or 1777.7.
25. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws,
ordinances, codes and regulations in force at the time Contractor performs pursuant to this
Agreement.
26. Bonds. Contractor shall obtain faithful performance and payment bonds, each in an amount
that is not less than the total compensation amount of this Agreement, and nothing in this
Agreement shall be read to excuse this requirement. The required forms entitled Payment Bond
(Labor and Materials) and Performance Bond are attached hereto and incorporated herein by
this reference.
27. Contractor's Representations. Contractor represents, covenants and agrees that: a)
Contractor 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 of any kind that will limit or prevent its full
performance under this Agreement; c) there is no litigation pending against Contractor, and
Contractor is not the subject of any criminal investigation or proceeding; and d) to Contractor's
actual knowledge, neither Contractor nor its personnel have been convicted of a felony.
28. Conflicts of Interest. Contractor 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 Contractor "financially interested," as provided in
Government Code Section 1090 and 87100, in any decisions made by City on any matter in
connection with which Contractor has been retained pursuant to this Agreement.
29. Third Party Claims. City shall have full authority to compromise or otherwise settle any claim
relating to the Agreement at any time. City shall timely notify Contractor of the receipt of any
third -party claim relating to the Agreement. City shall be entitled to recover its reasonable costs
incurred in providing this notice.
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30. Non -Assignability; Subcontracting. Contractor shall not assign or transfer any interest in this
Agreement nor any part thereof, whether by assignment or novation, without the City's prior
written consent. Any purported assignment without written consent shall be null, void, and of no
effect, and Contractor 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 or relating to any unauthorized assignment.
31. Applicable Law. 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.
32. Titles. The titles used in this Agreement are for convenience only and shall in no way define,
limit or describe the scope or intent of this Agreement or any part of it.
33. Authority. The person executing this Agreement on behalf of Contractor warrants and
represents that he or she has the authority to execute this Agreement on behalf of Contractor
and has the authority to bind Contractor to the performance of its obligations hereunder.
34. Entire Agreement. This Agreement, including any other documents incorporated herein by
specific reference, represents the entire and integrated agreement between City and Contractor.
This Agreement supersedes all prior oral or written negotiations, representations or agreements.
This Agreement may not be modified or amended, nor any provision or breach waived, except
in a writing signed by both parties which expressly refers to this Agreement.
35. 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.
36. 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
Contractor 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 Contractor, 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.
37. Notice. Except as otherwise required by law, any 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 Contractor's or 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 Throne, Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
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To CONTRACTOR:
The address listed in Exhibit "B."
38. Counterparts. This Agreement may be executed in counterpart originals, duplicate originals, or
both, each of which is deemed to be an original for all purposes.
39. 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.
[Signatures on the following page.]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first -above written.
ATTEST:
Carla Morreale, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
David J. Aleshire, City Attorney
CITY:
CITY OF RANCHO PALOS VERDES, a municipal
corporation
Ken Dyda, Mayor
CONSULTANT:
Hardy & Harper, Incorporated
By: Fred T. Maas, Jr.
Name:
Title:
By: President, Treasurer
Name:
Title:
Address: 1312 E. Warner Ave.
Santa Ana, CA 92705
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each
of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant
Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY
NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE
BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO
CONSULTANT'S BUSINESS ENTITY
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CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
SUNBEAM CONSULTING
for
Inspection Services for the Annual Sidewalk Project, FY 2015-16
Am
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
SUNBEAM CONSULTING
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered
into this 17th day of May, 2016 by and between the City of Rancho Palos Verdes, a California municipal
corporation ("City") and SunBeam Consulting ("Consultant"). City and Consultant are sometimes
hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties".
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the services
defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those
services.
C. Pursuant to the City of Rancho Palos Verdes' Municipal Code, City has authority to enter
into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those
services defined and described particularly in Article 1 of this Agreement and desire that the terms of that
performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties
and contained herein and other consideration, the value and adequacy of which are hereby acknowledged,
the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those
services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this
reference, which may be referred to herein as the "services" or "work" hereunder. As a material inducement
to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications,
experience, and facilities necessary to properly perform the services required under this Agreement in a
thorough, competent, and professional manner, and is experienced in performing the work and services
contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability,
experience and talent, perform all services described herein. Consultant covenants that it shall follow the
highest professional standards in performing the work and services required hereunder and that all materials
will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the
phrase "highest professional standards" shall mean those standards of practice recognized by one or more
first-class firms performing similar work under similar circumstances.
1.2 Consultant's Proposal.
The Scope of Service shall include the Consultant's scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency
between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
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1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in
accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal,
State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be
required by law for the performance of the services required by this Agreement. Consultant shall have the
sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may
be imposed by law and arise from or are necessary for the Consultant's performance of the services required
by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents
of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against
City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated
and considered the scope of services to be performed, (ii) has carefully considered how the services should
be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance
of the services under this Agreement. If the services involve work upon any site, Consultant warrants that
Consultant has or will investigate the site and is or will be fully acquainted with the conditions there
existing, prior to commencement of services hereunder. Should the Consultant discover any latent or
unknown conditions, which will materially affect the performance of the services hereunder, Consultant
shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written
instructions are received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish
continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or
other components thereof to prevent losses or damages, and shall be responsible for all such damages, to
persons or property, until acceptance of the work by City, except such losses or damages as may be caused
by City's own negligence.
1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under
this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents
and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless
hereafter specified, neither party shall be responsible for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating
this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by
altering, adding to or deducting from said work. No such extra work may be undertaken unless a written
order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the
Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which
said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up
to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to
one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken
either separately or cumulatively, must be approved by the City Council. It is expressly understood by
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Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope
of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided
pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and
that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute
discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or
time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set
forth in the "Special Requirements" attached hereto as Exhibit `B" and incorporated herein by this
reference. In the event of a conflict between the provisions of Exhibit `B" and any other provisions of this
Agreement, the provisions of Exhibit `B" shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts
specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this
reference. The total compensation, including reimbursement for actual expenses, shall not exceed twenty
five thousand and two hundred dollars ($ 25,200.00) (the "Contract Sum"), unless additional compensation
is approved pursuant to Section 1.8.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment
in accordance with specified tasks or the percentage of completion of the services, less contract retention;
(iii) payment for time and materials based upon the Consultant's rates as specified in the Schedule of
Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract
retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be
specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction
costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual
subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the
Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project
meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City
is a critical component of the services. If Consultant is required to attend additional meetings to facilitate
such coordination, Consultant shall not be entitled to any additional compensation for attending said
meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and
expenses incurred during the preceding month in a form approved by City's Director of Finance. By
submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all
provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the
following categories: labor (by sub -category), travel, materials, equipment, supplies, and sub -contractor
contracts. Sub -contractor charges shall also be detailed by such categories. Consultant shall not invoice
City for any duplicate services performed by more than one person.
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City shall independently review each invoice submitted by the Consultant to determine whether the
work performed and expenses incurred are in compliance with the provisions of this Agreement. Except
as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as
provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45)
days of receipt of Consultant's correct and undisputed invoice; however, Consultant acknowledges and
agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within
this time period. In the event any charges or expenses are disputed by City, the original invoice shall be
returned by City to Consultant for correction and resubmission. Review and payment by City for any
invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein
or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to
waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice
to proceed and shall perform all services within the time period(s) established in the "Schedule of
Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested
by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be
approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services
rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes
beyond the control and without the fault or negligence of the Consultant, including, but not restricted to,
acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics,
quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental
agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay
notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the
facts and the extent of delay, and extend the time for performing the services for the period of the enforced
delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's
determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant
be entitled to recover damages against the City for any delay in the performance of this Agreement, however
caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall
continue in full force and effect until completion of the services but not exceeding one (1) years from the
date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D").
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4.1 Representatives and Personnel of Consultant.
The following principals of Consultant ("Principals") are hereby designated as being the principals
and representatives of Consultant authorized to act in its behalf with respect to the work specified herein
and make all decisions in connection therewith:
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing
principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing
principals shall be responsible during the term of this Agreement for directing all activities of Consultant
and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant,
and any authorized agents, shall at all times be under the exclusive direction and control of the Principals.
For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities
be substantially reduced by Consultant without the express written approval of City. Additionally,
Consultant shall utilize only competent personnel to perform services pursuant to this Agreement.
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff
and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant
shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perform the
services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or
liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is
expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers,
employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant,
nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care or
any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claim
Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Ron Dragoo, Principal Engineer or Michael Throne, Director of
Public Works or such person as may be designated by the City Manager. It shall be the Consultant's
responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the
services and the Consultant shall refer any decisions which must be made by City to the Contract Officer.
Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the
Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to
sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means
by which Consultant, its agents or employees, perform the services required herein, except as otherwise set
forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant's
employees, servants, representatives or agents, or in fixing their number, compensation or hours of service.
Consultant shall perform all services required herein as an independent contractor of City and shall remain
at all times as to City a wholly independent contractor with only such obligations as are consistent with that
role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees
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are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be
a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise
with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees
were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not
contract with any other entity to perform in whole or in part the services required hereunder without the
express written approval of the City. In addition, neither this Agreement nor any interest herein may be
transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether
for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted
hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty
five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account
on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding,
this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant
of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and content
satisfactory to City, during the entire term of this Agreement including any extension thereof, the following
policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or
equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for
bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less
than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit
shall be twice the occurrence limit.
(b) Worker's Compensation Insurance. A policy of worker's compensation insurance
in such amount as will fully comply with the laws of the State of California and which shall indemnify,
insure and provide legal defense for the Consultant against any loss, claim or damage arising from any
injuries or occupational diseases occurring to any worker employed by or any persons retained by the
Consultant in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including "any auto" and
endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on
a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy
shall include coverage for owned, non -owned, leased, hired cars and any automobile.
(d) Professional Liability. Professional liability insurance appropriate to the
Consultant's profession. This coverage may be written on a "claims made" basis, and must include
coverage for contractual liability. The professional liability insurance required by this Agreement must be
endorsed to be applicable to claims based upon, arising out of or related to services performed under this
Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of
Consultant's services or the termination of this Agreement. During this additional 5 -year period, Consultant
shall annually and upon request of the City submit written evidence of this continuous coverage.
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each subcontractor. All
coverages for subcontractors shall include all of the requirements stated herein.
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(f) Additional Insurance. Policies of such other insurance, as may be required in the
Special Requirements in Exhibit `B".
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its elected
and appointed officers, employees and agents as additional insureds and any insurance maintained by City
or its officers, employees or agents may apply in excess of, and not contribute with Consultant's insurance.
The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the
City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must
specify that where the primary insured does not satisfy the self-insured retention, any additional insured
may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or cancelled
by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail
return receipt requested to the City. In the event any of said policies of insurance are cancelled, the
Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with
Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Consultant has provided the
City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders
evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the
City. City reserves the right to inspect complete, certified copies of and endorsements to all required
insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies
including breaches or warranties shall not affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate endorsement)
and shall conform to the following "cancellation" notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL THIRTY (30) -
DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER NAMED HEREIN.
[to be initialed]
Consultant Initials
City, its respective elected and appointed officers, directors, officials, employees, agents and
volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant
performs; products and completed operations of Consultant; premises owned, occupied or used by
Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The coverage shall
contain no special limitations on the scope of protection afforded to City, and their respective elected and
appointed officers, officials, employees or volunteers. Consultant's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At the option
of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects
City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant
shall procure a bond guaranteeing payment of losses and related investigations, claim administration,
defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be
construed as limiting in any way the extent to which the Consultant may be held responsible for the payment
of damages to any persons or property resulting from the Consultant's activities or the activities of any
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person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant's
indemnification liabilities as provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of
this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor
to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section
5. 1, and such certificates and endorsements shall be provided to City.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the
City, its officers, employees and agents ("Indemnified Parties") against, and will hold and save them and
each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory
claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities
whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person,
firm or entity arising out of or in connection with the negligent performance of the work, operations or
activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any
individual or entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or
indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors' negligent
performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in
connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said
claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred
in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers,
agents or employees for any such claims or liabilities arising out of or in connection with the negligent
performance of or failure to perform such work, operations or activities of Consultant hereunder; and
Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action
or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in
connection with the negligent performance of or failure to perform the work, operation or activities of
Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all
costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding,
including but not limited to, legal costs and attorneys' fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to
do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to
monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes
claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful
misconduct of Consultant in the performance of professional services hereunder. The provisions of this
Section do not apply to claims or liabilities occurring as a result of City's sole negligence or willful acts or
omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part
from City's negligence, except that design professionals' indemnity hereunder shall be limited to claims
and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional.
The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive
termination of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to
do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key
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Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better,
unless such requirements are waived by the Risk Manager of the City ("Risk Manager") due to unique
circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager
determines that the work or services to be performed under this Agreement creates an increased or decreased
risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be
changed accordingly upon receipt of written notice from the Risk Manager.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts,
invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements
charged to City and services performed hereunder (the "books and records"), as shall be necessary to
perform the services required by this Agreement and enable the Contract Officer to evaluate the
performance of such services. Any and all such documents shall be maintained in accordance with
generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall
have full and free access to such books and records at all times during normal business hours of City,
including the right to inspect, copy, audit and make records and transcripts from such records. Such records
shall be maintained for a period of three (3) years following completion of the services hereunder, and the
City shall have access to such records in the event any audit is required. In the event of dissolution of
Consultant's business, custody of the books and records may be given to City, and access shall be provided
by Consultant's successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with
the City in providing access to the books and records if a public records request is made and disclosure is
required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning
the performance of the services required by this Agreement as the Contract Officer shall require. Consultant
hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed
pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any
facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the
work or services contemplated herein or, if Consultant is providing design services, the cost of the project
being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique
or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer
files, reports, records, documents and other materials (the "documents and materials") prepared by
Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the
property of City and shall be delivered to City upon request of the Contract Officer or upon the termination
of this Agreement, and Consultant shall have no claim for further employment or additional compensation
as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents
and materials hereunder. Any use, reuse or assignment of such completed documents for other projects
and/or use of uncompleted documents without specific written authorization by the Consultant will be at
the City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties shall not
extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use.
Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for
assignment to City of any documents or materials prepared by them, and in the event Consultant fails to
secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover,
Consultant with respect to any documents and materials that may qualify as "works made for hire" as
defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for
the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the public
domain or already known to Consultant. Consultant shall not release or disclose any such information or
work product to persons or entities other than City without prior written authorization from the Contract
Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City Attorney,
voluntarily provide documents, declarations, letters of support, testimony at depositions, response to
interrogatories or other information concerning the work performed under this Agreement. Response to a
subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such
court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City shall have
the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including
attorneys fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery request, court
order or subpoena from any party regarding this Agreement and the work performed there under. City
retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or
similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity
to review any response to discovery requests provided by Consultant. However, this right to review any
such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance
of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute,
claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of
the County of Los Angeles, State of California, or any other appropriate court in such county, and
Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such
action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District
of California, in the County of Los Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have
any obligation or duty to continue compensating Consultant for any work performed after the date of
default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The
notice shall include the timeframe in which Consultant may cure the default. This timeframe is
presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During
the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default
is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect
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to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the
default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on
the part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver of
the City's legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or
not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or
which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and
(ii) all amounts for which City may be liable to third parties, by reason of Consultant's acts or omissions in
performing or failing to perform Consultant's obligation under this Agreement. In the event that any claim
is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness
shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due,
without liability for interest because of such withholding, an amount sufficient to cover such claim. The
failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of
the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall
not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the
provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any
subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or
services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay
or omission in the exercise of any right or remedy by a non -defaulting party on any default shall impair
such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in
writing and shall not be a waiver of any other default concerning the same or any other provision of this
Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement,
the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such
rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or
remedies for the same default or any other default by the other parry.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity,
to cure, correct or remedy any default, to recover damages for any default, to compel specific performance
of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with
the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a
statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a
legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the
following Section for termination for cause. The City reserves the right to terminate this Contract at any
time, with or without cause, upon thirty (30) days' written notice to Consultant, except that where
termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be
determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract
at any time, with or without cause, upon sixty (60) days' written notice to City, except that where
-12- B-12
termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant
may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer. Except where the
Consultant has initiated termination, the Consultant shall be entitled to compensation for all services
rendered prior to the effective date of the notice of termination and for any services authorized by the
Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved
by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated
termination, the Consultant shall be entitled to compensation only for the reasonable value of the work
product actually produced hereunder. In the event of termination without cause pursuant to this Section,
the terminating party need not provide the non -terminating party with the opportunity to cure pursuant to
Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement,
City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same
to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for
completion of the services required hereunder exceeds the compensation herein stipulated (provided that
the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the
Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.9 Attorneys' Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or
proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding,
in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to
reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a
party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action,
taking depositions and discovery and all other necessary costs the court allows which are incurred in such
litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be
enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liabili , of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in
interest, in the event of any default or breach by the City or for any amount which may become due to the
Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any
interest, directly or indirectly, which would conflict in any manner with the interests of City or which would
in any way hinder Consultant's performance of services under this Agreement. Consultant further
covenants that in the performance of this Agreement, no person having any such interest shall be employed
by it as an officer, employee, agent or subcontractor without the express written consent of the Contract
Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of
interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this
Agreement nor shall any such officer or employee participate in any decision relating to the Agreement
which affects her/his financial interest or the financial interest of any corporation, partnership or association
in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The
-13-
B- 13
Consultant warrants that it has not paid or given and will not pay or give any third party any money or other
consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming
under or through them, that there shall be no discrimination against or segregation of, any person or group
of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national
origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take
affirmative action to insure that applicants are employed and that employees are treated during employment
without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national
origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith,
shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized
aliens for the performance of work and/or services covered by this Agreement, and should any liability or
sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and
shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs,
including attorneys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires
or is required to give to the other party or any other person shall be in writing and either served personally
or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the
Contract Officer (with her/his name and City title), City of Rancho Palos Verdes, 30940 Hawthorne Blvd.,
California 90275 and in the case of the Consultant, to the person(s) at the address designated on the
execution page of this Agreement. Either party may change its address by notifying the other party of the
change of address in writing. Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language
used and shall not be construed for or against either party by reason of the authorship of this Agreement or
any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original,
and such counterparts shall constitute one and the same instrument.
9.4 Intejzration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression
of the understanding of the parties. It is understood that there are no oral agreements between the parties
hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous
negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be
used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless
- 14 - 6 - 14
made in writing and approved by the Consultant and by the City Council. The parties agree that this
requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections
contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a
court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining
phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as
severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision
is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this
Agreement meaningless.
9.6 Warranty & Representation of Non -Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this
Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this
Agreement which may affect his/her financial interest or the financial interest of any corporation,
partnership, or association in which (s)he is directly or indirectly interested, or in violation of any
corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of
any State or municipal statute or regulation. The determination of "financial interest" shall be consistent
with State law and shall not include interests found to be "remote" or "noninterests" pursuant to
Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or
given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or
employee, any money, consideration, or other thing of value as a result or consequence of obtaining or
being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in
any act(s), omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City official,
officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant
is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of
money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant's Authorized Initials
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is
duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf
of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement
to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators,
successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
-15- B- 15
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first -above written.
ATTEST:
, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
David J. Aleshire, City Attorney
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
Ken Dyda, Mayor
CONSULTANT:
SUNBEAM CONSULTING
LIN
Name: Alan Braatvedt
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature
required from each of the following groups: 1) Chairman of the Board, President or any Vice
President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant
Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE
BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS
APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
-16-
B- 16
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2015 before me, , personally appeared , proved to me
on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203.0006/289036.3
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
0191851.11aE99)0MX"14
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
6-17
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2015 before me, , personally appeared , proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
•
TITLES)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
•
AM
EXHIBIT "A"
I. Consultant will perform the following services:
Consultant will provide Inspection staff to oversee the Annual Sidewalk Repair Project.
As part of the Services, Consultant will prepare and deliver the following tangible work products to
the City:
Provide hourly inspection for the City's Annual Sidewalk Repair Program.
II. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City updated of the status of performance by delivering the following
status reports:
Daily inspection logs will be provided to the Principal Engineer at the end of each week.
III. All work product is subject to review and acceptance by the City, and must be revised by
the Consultant without additional charge to the City until found satisfactory and accepted by City.
IV. Consultant will utilize the following personnel to accomplish the Services:
a. Alan Braatvedt
b. Jim Pugh
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
NONE
B-21
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:
Inspection tasks include verifying the compaction, type of concrete, thickness, line and level and general
workmanship. Inspector will represent the City in making certain judgement calls in the field and relaying
that information back to City Staff. Inspector will keep an accurate record of the work and measurements.
Other tasks may include; utility coordination; contractor interfacing; verification of change orders,
requests for clarification, and requests for information; minor administration assignments; written, photo
and video documentation; public relations; verification of construction quantities; planning assistance for
fixture projects; and coordination with City staff.
The all-inclusive billing rate is $105/hour
II. The City will compensate Consultant for the Services performed upon submission of a valid
invoice. Each invoice is to include:
Total hours put forth by the consultant to accomplish tasks within the invoice period.
A. The total compensation for the Services shall not exceed $ 25,200.00, as provided in
Section 2.1 of this Agreement.
B-22
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services in accordance with the following schedule.
Inspection
Projected Hours
June
July
August
TOTAL
76
80
84
240
III. The Contract Officer may approve extensions for performance of the services in accordance
with Section 3.2.
B-23
1817 Josie Ave
Long Beach CA 90815
t: 310.525.0684
C O N S U L T I N G
April 28, 2016
City of Rancho Palos Verdes
Department of Public Works
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
Attention: Ron Dragoo
Senior Engineer
RE: Proposal to Provide Inspection Services for the:
Annual Sidewalk Repair Program- FY 2015-2016
Dear Mr. Dragoo:
Sunbeam Consulting is pleased to offer Public Works Inspector Services to the City of Rancho Palos
Verdes. Our proposed Inspector, Jim Pugh, has provided many years of service to the City of
Rancho Palos Verdes, and he will have the time available to continue with his current
commitments, while being able to fulfill his obligations to this assignment. Sunbeam has
additional engineering and public works professionals who can assist the City in any other
technical capacities if needed. We appreciate the consideration and opportunity of providing
these services to Rancho Palos Verdes.
The principals of Sunbeam Consulting have decades of experience in program management, project
management, construction management, engineering design, and inspection of Capital
Improvement projects. We are able to assist the City in the required capacity, and draw upon
additional resources if needed during the course of the assignment.
Should you have questions, please contact me at 310.525.0684. We are aware of the standard City
Agreement and have no reservations.
Sincerely,
ga— &J�—
Alan
Braatvedt
President
Sunbeam Consulting
alan@sunbeamtech.net
310.525.0684
C-1
City of Rancho Palos Verdes Public Works Inspector Services
Scope of Work and Fee
Sunbeam Consulting will provide as -needed Construction Inspection Services for the Annual
Sidewalk Repair Program — FY 2015/2016 for the contract, which will require an average of 4 -
hours per day to provide adequate quality control oversight. The project is expected to last for
60 -days
Fee:
60days x 4hours per day x rate per hour = $25,200
Field Inspection tasks will include verifying the compaction, type of concrete, thickness, line and
level and general workmanship. In addition Jim will represent the City in making certain
judgement calls in the field and relaying that information back to City Staff. He will keep an
accurate record of the work and measurements.
Other tasks may include; utility coordination; contractor interfacing; verification of change
orders, requests for clarification, and requests for information; minor administration
assignments; written, photo and video documentation; public relations; verification of
construction quantities; planning assistance for future projects; and coordination with City
staff.
Contact Information
Alan Braatvedt will be the Management Contact and Project Manager for this contract.
Sunbeam Technologies, Inc. dba Sunbeam Consulting
1817 Josie Ave
Long Beach CA 90815
Cell 310.525.0684
Email::aIan@sunbeamtech.net
C-2
City of Rancho Palos Verdes Public Worl<s Inspector Services
C O N S U L T I N G
Sunbeam Consulting, a dba of Sunbeam Technologies, Inc., provides civil engineering, capital
improvement project management, construction management and inspection services to public
agencies and private sectors in addition to our founding Energy related services. Sunbeam
Technologies, Inc. was established in 2008 to provide engineering technology design,
management, and contracting services to public agencies, business, and private clients.
Sunbeam's senior management offers decades of experience on public infrastructure and
building projects with Southern California agencies. Sunbeam Consulting has a staff of three
principals with a combined experience of over 80 years in construction and engineering.
Our scope of services include:
Civil Engineering
Project Management
Public Works Inspection
Construction Management & Observation
Staff Assistance
NPDES Program Implementation
ADA Assessment & Improvements
Plan Checking
Highway & Infrastructure Design
Storm Drainage & Design
Signing and Striping Plans
Parking Design & Analysis
3
C-3
C-4
JIM PUGH
Public Works Inspector
Jim has twenty-five years of experience in inspection
and maintenance on all phases Public Works projects.
Typical work has included the following assignments:
Inspect new curb, gutter and sidewalks
Inspect conventional and AHRM asphalt and overlay
Inspect City wide slurry seal / micro surface
Inspect City wide ARAM (Asphalt Rubberized
Aggregate Membrane)
Inspect new storm drain and sewer pipeline
installations and outfall structures
Inspect large diameter steel mortar lined and
coated water pipe
Inspect CIPP (cured in place pipe) and fold and
form pipe from 6" to 30" on Sewer and storm
drain pipelines.
Year Entered Profession
1989
Professional Affiliations
American Water Works
Association (AWWA)
The National Utility Contractors
Association (NUCA)
California Emergency Response
Technologies, Inc
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 non- compliance 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
Water Distribution 2 Thousand Oaks, Ca
Water Technology Training Alta Loma, Ca
Tunnel Construction Safety/Confined Space
Welding and Technology Simi Valley, Ca
Anaheim, Ca 2003
2000
2000
Woodland Hills, Ca 1997
1993
a C - 5
C-6
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