CC SR 20160606 G - Pavement Striping Contracts (Sunbeam & PCI)RANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 06/06/2016
AGENDA HEADING: Consent Calendar
Consideration and possible action to award a construction agreement to PCI, Inc., for
the construction of the annual Pavement Striping and Marking Maintenance Contract,
FY16-17, FY17-18, FY18-19; 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
Pavement Striping and Marking Maintenance, FY16-17, FY17-18 and FY18-19;
(2) Award a Public Works Agreement, in a form approved by the City Attorney, to
PCI, Inc., for construction services related to the Pavement Striping and Marking
Maintenance, FY16-17, FY17-18, FY18-19 for an amount not -to -exceed
$389,233.40;
(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 $39,648; and,
(4) Authorize Staff to use an additional 10% ($38,900) for a construction
contingency.
FISCAL IMPACT: This agreement covers a three year period. The work was
estimated at $100,000 for each Fiscal Year and that amount was included in the current
FY 16-17 proposed municipal budget. Additional funds needed to proceed with this
award are available and adjustments to the budget will be made during the first quarter
budget review process and proposed for the subsequent fiscal years.
Proposed Budget Amount: $467,781.40
Additional Appropriation: N/A
Account Number(s): 101-3006-431-43-00
ORIGINATED BY: Ron Dragoo, PE, Principal Engineer -
REVIEWED BY: Michael Throne, PE, Director of Public WorksM
APPROVED BY: Doug Willmore, City Manager'.
ATTACHED SUPPORTING DOCUMENTS:
A. Public Works Agreement — PCI, 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:
1
Maintaining the City's striping and pavement markings is a vital component in providing
a safe and effective roadway system. Striping and markings generally should be
evaluated every 2-4 years, and reinstalled as appropriate to ensure that they are clearly
visible. For schools, it is especially important to properly maintain striping and markings
in order to provide appropriate controls for pedestrian movements and to limit vehicle -
pedestrian conflicts. School markings, such as crosswalks, advance crossing warnings
and red curb, are normally reinstalled every summer prior to the new school year.
Key components of the City's pavement marking and striping program include:
• The ability to schedule work in advance as part of an overall program;
• The ability to coordinate pavement striping work with other road maintenance
projects to eliminate conflict;
• The ability to respond to unexpected needs in a timely manner; and,
• Cost effectiveness.
This approach appears best served by contracting out for all budgeted pavement
striping and marking services through a single three-year contract. A larger contract,
such as this one, will improve responsiveness and further streamline program
effectiveness.
The Proposed FY 16-17 Budget includes $100,000 for this project, and it was estimated
that the same amount would be required to be budgeted for FY 17-18 and FY 18-19.
Although the bids came in higher than the three-year estimate, Staff recommends
proceeding with the bid award, since the additional funds required for FY 16-17
($55,927.13) are available within the larger Street Maintenance Program budget. Staff
will request a budget adjustment, as part of the first quarter budget review process, for
the additional funds needed for FY 16-17. The required amounts for FY 17-18 and FY
18-19 will be budgeted accordingly.
Construction Contract
The pavement striping project received 3 bids by 10:00 AM on May 12, 2016. PCI, Inc.,
submitted the lowest responsible bid as shown below.
Contractor
Amount of bid
PCI, Inc.
$389,233.40
Sterndahl Enterprises, Inc.
$519,810.00
Orange County Striping Service
$643,353.00
Staff has verified PCI, Inc.'s references and found their past performance on jobs of
similar size and scope to be satisfactory. The bid proposal submitted and bid bond
(from a California surety company) are in order and their contractor's license is current.
2
Professional Services Agreement
Public Works Inspectors employed by Sunbeam Consulting have a unique
understanding of the work and construction methods associated with this project
because they were involved in identifying areas that are in need of repair, and they have
contributed to the development of the project specifications. Accordingly, to preserve
the knowledge continuity of the project, Staff recommends 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 $100,000 and/or award only a single -year contract.
3
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
PCI, INC.
For
PAVEMENT STRIPING AND MARKING MAINTENANCE CONTRACT FISCAL
YEAR 2016-17, 2017-18, 2018-19
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered
into this 7 day of June, 2016 by and between the City of Rancho Palos Verdes, a California
municipal corporation ("City") and PCI, Inc. ("Contractor"). City and Contractor 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. Contractor, 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 Contractor 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 CONTRACTOR
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Contractor 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, Contractor represents and
warrants that it has the qualifications, experience, and facilities necessary to properly perform the
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services required under this Agreement in a thorough, competent, and professional manner, and is
experienced in performing the work and services contemplated herein. Contractor shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all services
described herein. Contractor 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 Contractor's Proposal.
The Scope of Service shall include the Contractor'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.
1.3 Compliance with Law.
Contractor 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.
Contractor 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. Contractor 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 Contractor'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, Contractor warrants that Contractor (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,
Contractor warrants that Contractor 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
Contractor discover any latent or unknown conditions, which will materially affect the
performance of the services hereunder, Contractor shall immediately inform the City of such fact
and shall not proceed except at Contractor's risk until written instructions are received from the
Contract Officer.
1.6 Care of Work.
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The Contractor 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 Contractor,
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 Contractor. 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
Contractor that the provisions of this Section shall not apply to services specifically set forth in the
Scope of Services. Contractor 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 Contractor
anticipates and that Contractor 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 Contractor 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,
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shall not exceed Three Hundred Eighty Nine Thousand Two Hundred Thirty Three Dollars and
Forty Cents ($389,233.40) (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 Contractor'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
Contractor 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 Contractor is required
to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any
additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor 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, Contractor 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. Contractor shall not invoice City for any duplicate services performed by more than
one person.
City shall independently review each invoice submitted by the Contractor 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 Contractor
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Contractor to be paid within forty-five (45) days of receipt of Contractor's correct and undisputed
invoice; however, Contractor 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 Contractor for
correction and resubmission. Review and payment by City for any invoice provided by the
Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable
law.
2.5 Waiver.
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Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to
waive any defects in work performed by Contractor.
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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.
Contractor 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 Contractor, 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 (18 0) 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 Contractor, 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 Contractor 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 Contractor be entitled to recover
damages against the City for any delay in the performance of this Agreement, however caused,
Contractor'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").
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor ("Principals") are hereby designated as being the principals
and representatives of Contractor authorized to act in its behalf with respect to the work specified
herein and make all decisions in connection therewith:
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(Name)
(Name)
(Title)
(Title)
(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 Contractor and devoting sufficient time to personally supervise the
services hereunder. All personnel of Contractor, 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 Contractor without the express written approval of City. Additionally, Contractor shall utilize
only competent personnel to perform services pursuant to this Agreement. Contractor shall make
every reasonable effort to maintain the stability and continuity of Contractor's staff and
subcontractors, if any, assigned to perform the services required under this Agreement. Contractor
shall notify City of any changes in Contractor'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 Contractor.
Contractor 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. Contractor shall not at any time or in any manner represent that Contractor or any
of Contractor's officers, employees, or agents are in any manner officials, officers, employees or
agents of City. Neither Contractor, nor any of Contractor'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. Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be [MICHAEL THRONE or] such person as may be designated by the
City Manager. It shall be the Contractor's responsibility to assure that the Contract Officer is kept
informed of the progress of the performance of the services and the Contractor 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 Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or means
by which Contractor, its agents or employees, perform the services required herein, except as
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otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
control of Contractor's employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Contractor 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. Contractor shall not at any
time or in any manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a partner of
Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with
Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees
were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor
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 Contractor, 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 Contractor or any surety of Contractor of any
liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Contractor 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 Contractor 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 Contractor in the course of carrying out the work or services
contemplated in this Agreement.
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(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
Contractor'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 Contractor's services or the termination of this Agreement.
During this additional 5 -year period, Contractor shall annually and upon request of the City submit
written evidence of this continuous coverage.
(e) Subcontractors. Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit `B".
5.2 General Insurance Requirements.
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
Contractor'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 (3 0) 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 Contractor 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 Contractor 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:
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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]
Contractor 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
Contractor performs; products and completed operations of Contractor; premises owned, occupied
or used by Contractor; or any automobiles owned, leased, hired or borrowed by Contractor. 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. Contractor'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 Contractor shall procure a bond guaranteeing payment of losses and related investigations,
claim administration, defense expenses and claims. The Contractor agrees that the requirement to
provide insurance shall not be construed as limiting in any way the extent to which the Contractor
may be held responsible for the payment of damages to any persons or property resulting from the
Contractor's activities or the activities of any person or persons for which the Contractor is
otherwise responsible nor shall it limit the Contractor's indemnification liabilities as provided in
Section 5.3.
In the event the Contractor subcontracts any portion of the work in compliance with Section 4.5
of this Agreement, the contract between the Contractor and such subcontractor shall require the
subcontractor to maintain the same policies of insurance that the Contractor 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, Contractor 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 Contractor, its officers,
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employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is
legally liable ("indemnitors"), or arising from Contractor's or indemnitors' reckless or willful
misconduct, or arising from Contractor's or indemnitors' negligent performance of or failure to
perform any term, provision, covenant or condition of this Agreement, and in connection
therewith:
(a) Contractor 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) Contractor 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 Contractor
hereunder; and Contractor 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 Contractor 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 Contractor hereunder, Contractor 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.
Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to
do so Contractor 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 Contractor 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 Contractor 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 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
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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.
Contractor 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 Contractor's business, custody of the
books and records may be given to City, and access shall be provided by Contractor's successor
in interest. Notwithstanding the above, the Contractor 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.
Contractor 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.
Contractor 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, Contractor agrees that if
Contractor 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
Contractor is providing design services, the cost of the project being designed, Contractor shall
promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Contractor 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
Contractor, 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 Contractor 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 Contractor will be at the City's sole risk and without liability to
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Contractor, and Contractor's guarantee and warranties shall not extend to such use, reuse or
assignment. Contractor may retain copies of such documents for its own use. Contractor 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 Contractor
fails to secure such assignment, Contractor shall indemnify City for all damages resulting
therefrom. Moreover, Contractor 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 Contractor in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Contractor. Contractor 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) Contractor, 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
Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of
Contractor, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Contractor for any damages, costs and
fees, including attorney's fees, caused by or incurred as a result of Contractor's conduct.
(d) Contractor shall promptly notify City should Contractor, 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 Contractor or be present at
any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and
to provide City with the opportunity to review any response to discovery requests provided by
Contractor. 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 Contractor covenants and agrees to submit to the personal
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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 Contractor is in default under the terms of this Agreement, the City shall not have
any obligation or duty to continue compensating Contractor for any work performed after the date
of default. Instead, the City may give notice to Contractor of the default and the reasons for the
default. The notice shall include the timeframe in which Contractor 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 Contractor 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 to pay some or all of the outstanding invoices
during the period of default. If Contractor 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 Contractor'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.
Contractor hereby authorizes City to deduct from any amount payable to Contractor (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
Contractor's acts or omissions in performing or failing to perform Contractor'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 Contractor, 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 Contractor 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 Contractor 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.
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Except with respect to rights and remedies expressly declared to be exclusive in this Agreement,
the rights and remedies of the parties are cumulative and the exercise by either party of one or
more of such rights or remedies shall not preclude the exercise by it, at the same or different times,
of any other rights or remedies for the same default or any other default by the other party.
7.6 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, Contractor 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 Contractor, except that
where termination is due to the fault of the Contractor, the period of notice may be such shorter
time as may be determined by the Contract Officer. In addition, the Contractor reserves the right
to terminate this Contract at any time, with or without cause, upon sixty (60) days' written notice
to City, except that where termination is due to the fault of the City, the period of notice may be
such shorter time as the Contractor may determine. Upon receipt of any notice of termination,
Contractor shall immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Except where the Contractor has initiated termination, the
Contractor 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 Contractor has initiated termination,
the Contractor 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 Contractor.
If termination is due to the failure of the Contractor 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 Contractor 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 Contractor for the purpose of set-off or partial payment
of the amounts owed the City as previously stated.
7.9 Attorneys' Fees.
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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 -liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, 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 Contractor or to its successor, or for breach of any obligation of the terms of this
Agreement.
8.2 Conflict of Interest.
Contractor 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 Contractor's performance of services under this Agreement.
Contractor 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. Contractor 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 Contractor 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.
Contractor 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. Contractor 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.
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Contractor 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 Contractor 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,
Contractor 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 Contractor, 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 Integration; 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 made in writing and approved by the Contractor 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
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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. Contractor
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.
Contractor 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. Contractor 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.
Contractor's Authorized Initials
9.7 Corporate AuthoritX.
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) that 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]
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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
, Mayor
CONTRACTOR:
PCI, INC.
By:_
Name:
Title:
By:_
Name:
Title:
Address: 975 W. 1st St.
Azusa CA, 91702
Two corporate officer signatures required when Contractor 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. CONTRACTOR'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 CONTRACTOR'S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2016 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
El
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
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EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant shall perform all services as detailed in the General Provision, Special
Provision and Technical Provision sections of the Contract Documents for
Construction of PAVEMENT STRIPING AND MARKING MAINTENANCE
CONTRACT FISCAL YEAR 2016-17, 2017-18, 2018-19 for which the Consultant
submitted a Contractor's Proposal.
II. 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.
III. Consultant will utilize the following personnel to accomplish the Services:
A.
W
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EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. The first paragraph of Section 2.4, Invoices, is hereby amended to read as follows
(new text is identified in underline, deleted text in srlle�tg#):
Each month Contractor 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
and/or Director of Public Works. By submitting an invoice for payment under this Agreement,
Contractor 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. Contractor shall not invoice City for any duplicate services
performed by more than one person.
II. Section 5.1, Insurance Coverages, is hereby amended to read as follows (new text is
identified in underline, deleted text in sfr11�):
The Contractor 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, including, without limitation, blanket
contractual liability. The policy of insurance shall be in an amount not less
than $2,000,000 per occurrence, $4,000,000 general aggregate, and a $2,000,000
completed operations aggregate. Any endorsement restricting standard ISO "insured contract"
language will not be accepted. , then the general aggr-e
limit shall be twiee the eeett"enee lim4.
(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
Employers' Liability insurance with a limit of no less than $1,000,000 per accident for bodily
- . sers:�s�r�e�:r +reser_ - -rz
!aa:�stfr:�M."M:rs�s!�a�eiwfto M. -m-1
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(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 $5,000,000. Said policy shall include coverage for owned, non -owned, leased,
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hired cars and any automobile. Said policy shall also be endorsed to include pollution liability
(written on form CA 99 48 or its equivalent).
(d) Wofessional Liability. Professional liability instifanee appropriate
Cetttfaetor-, made"elaims
basis, and must inelude
eover-age for- eontfaetual liability. The professional liabilit, i equir-ed by this Agr-eem
must be endorsed to be appheable to elaims based upon, ar-ising out of or- related to ser-viees
perfefmed tmder- this Agreement. The insur-anee must be maintained for at least 5 eenseet4ive
years following the eompletion of Contr-aetor-'s serviees or- the tefmination of this Agfeement.
Dtffing this additional 5 year- period, Gontfaetor- shall aw+ually and Upon fequest of the City submit
(e) Subcontractors. Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit `B".
III. The following is hereby added to Section 5.2, General Insurance Requirements:
If the Contractor maintains higher limits than the minimum limits shown above, the City requires
and shall be entitled to coverage for the higher limits maintained by the Contractor.
IV. Section 5.4, Sufficiency of Insurer, is hereby replaced with the following:
5.4 Performance Bond
Concurrently with execution of this Agreement Contractor shall deliver to the City a
performance bond in the amount of the Contract Sum of this Agreement, in the form provided by
the City Clerk, which secures the faithful performance of this Agreement. The performance bond
shall contain the original notarized signature of an authorized officer of the surety and affixed
thereto shall be a certified and current copy of his power of attorney. The bond shall be
unconditional and remain in force during the entire term of the Agreement and shall be null and
void only if the Contractor promptly and faithfully performs all terms and conditions of this
Agreement.
V. Section 5.5, Sufficiency of Insurer and Surety, is hereby added as follows:
Insurance and bonds 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's Rating Guide, The Key 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
Contractor agrees that the minimum limits of the insurance policies and the performance bond
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required by Section 5.4 may be changed accordingly upon receipt of written notice from the Risk
Manager.
VI. Section 5.6, Substitution of Securities, is hereby added as follows:
Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent
securities for any funds withheld to ensure performance under this Agreement may be permitted
at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to
an escrow agreement in a form prescribed by Public Contract Code Section 22300, request
payment of retentions funds earned directly to the escrow agent at the sole expense of the
Contractor.
VII. Section 5.7, Release of Securities, is hereby added as follows:
City shall release the Performance Bond when the following have occurred:
(a) Contractor has made a written request for release and provided
evidence of satisfaction of all other requirements under Article 5 of this Agreement; and
(b) The Work has been accepted by the City.
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EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates on the "Bid Sheet" submitted as part of
Contractor's Proposal.
II. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the
Contract Officer, funds may be shifted from one item's subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per
Section 1.8.
III. The City will compensate Contractor for the work performed upon submission of a valid
invoice pursuant to Section 2.4.
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EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Unless earlier terminated in accordance with Article 7 of this Agreement, the term of this
Agreement shall be July 1, 2016 to June 30, 2019.
II. Contractor shall perform all work timely in accordance with the submitted and approved
schedule.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
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CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
SUNBEAM CONSULTING
for
INSPECTION SERVICES FOR PAVEMENT STRIPING AND MARKING
MAINTENANCE CONTRACT FISCAL YEAR 2016-17,2017-8,2018-19
As
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 7th day of June, 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.
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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.
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
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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 $25,000, whichever is less; or, in the time to perform of up to
one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken
either separately or cumulatively, must be approved by the City Council. It is expressly understood by
Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope
of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided
pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and
that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute
discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or
time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set
forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this
reference. In the event of a conflict between the provisions of Exhibit `B" and any other provisions of this
Agreement, the provisions of Exhibit `B" shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts
specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this
reference. The total compensation, including reimbursement for actual expenses, shall not exceed thi -t
nine thousand six hundred forty eight dollars ($ 39, 448.00) (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
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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.
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.
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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").
ARTICLE 4. COORDINATION OF WORK
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:
Alan Braatvedt President
(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.
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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
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 Aizainst 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
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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.
(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
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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
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
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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
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
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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.
-11- 6 - 11
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
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 party.
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.
-12- B-12
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
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
-13- 6-13
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
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.
- 14 - 6 - 14
9.4 Integration; 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
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 Warran1y & 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- 6-15
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
, Mayor
CONSULTANT:
SUNBEAM CONSULTING
LIN
Lo
Name: Alan Braatvedt
Title: President
Name: Chuck Stephen
Title: Vice President / Treasurer
Address: 1817 Josie Avenue
Long Beach CA, 90815
Two corporate officer signatures required when Consultant is a corporation, with one signature
required from each of the following groups: 1) Chairman of the Board, President or any Vice
President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant
Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE
BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS
APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
inewe
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 , 2016 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 DESCRIPTION OF ATTACHED DOCUMENT
❑ 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
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
B-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 , 2016 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 DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLES)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE
•
EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A. Provide Inspection Services for the Pavement Striping and Marking Maintenance
Contract Fiscal year 2016-17, 2018-18, 2018-19.
Field Inspection tasks will include identifying striping locations, verifying
traffic striping material is per MUTCD and Caltrans Traffic Manual,
inspecting roadside signs for replacement and inspecting the construction
contractor's general workmanship. In addition represent the City in making
certain judgement calls in the field and relaying that information back to
City Staff. As well, keep an accurate record of the work and measurements.
ii. 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.
H. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A. Provide Photographs: Photographs of the work site prior, during and after
construction.
B. Provide weekly inspection reports.
C. Provide a City approved list of locations to install new traffic striping and markings,
new raised pavement markers, and new roadway signs.
III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the status of performance by delivering
the following status reports:
A. Consultant will provide a weekly summary of daily inspection reports.
IV. All work product is subject to review and acceptance by the City, and must be
revised by the Consultant without additional charge to the City until found
satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
A. Jim Pugh, Construction Inspector
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
None.
MAW
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
RATE TIME SUB -BUDGET
A. Inspection Services $112/Hr. 354 Hrs. $39,648
TOTAL SERVICES
$39,648
II. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and
travel properly charged to the Services.
III. The total compensation for the Services shall not exceed $37,200.00 as provided in
Section 2.1 of this Agreement.
B-21
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely in accordance with the schedule to be
developed by Consultant and subject to the written approval of the Contract Officer
and the City Attorney's office.
A. Consultant is allowed 118 field inspection hours in each fiscal year including: FY
2016-17, FY 2017-18 and FY 2018-19.
Inspection
Pro'ected Hours
2016-17
2017-18
2018-19
TOTAL
118
118
118
354
H. Consultant shall deliver the following tangible work products to the City by the
following dates.
A. Provide Photographs: Photographs of the work site prior, during and after
construction. Pictures are to be included in daily inspection reports.
B. Weekly reports shall be delivered weekly on Friday afternoons or Monday
mornings
C. Approved list of locations to install new traffic striping and markings, new raised
pavement markers, and new roadway signs shall be delivered each July for the
upcoming fiscal year.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
B-22
Sunbeam Consulting
1817 Josie Ave
Long Beach, California 90815
May 26, 2016
City of Rancho Palos Verdes
Department of Public Works
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
Attention: Ron Dragoo
RE: Inspection Services for City-wide Striping Projects for the City of Rancho Palos Verdes
Dear Mr. Dragoo:
Sunbeam Consulting proposes to provide Professional Inspection Services to the City of Rancho Palos
Verdes for striping projects for a period of up to three years. We appreciate the consideration and
opportunity of providing these services to City of Rancho Palos Verdes.
The principals of Sunbeam Consulting have decades of experience in civil engineering design, program
management, project management, construction management, and inspection of Capital Improvement
projects. We are able to assist the City of Rancho Palos Verdes in the required capacity, and draw upon
additional resources if needed during the course of the assignment. We propose utilizing Mr. Jim Pugh
to provide the professional inspection services for striping assignments whenever they arise. Jim has
many years of experience doing inspection work for striping projects in the City and is fully aware of the
issues in the City, especially those relating to traffic controls.
The Sunbeam fee for Inspection Services is $112/hour.
The estimated number of hours required on an annual basis is 118 hours per year
The total Not -to -Exceed fee allowance for the service is: $13,216/year
o Sunbeam complies with all State and Federal Prevailing Wage Rate requirements for our
Construction Inspector services.
o The fee is valid for a 12 -month period from award, after which time it may be subject to an
increase of up to 5%
o Sunbeam's proposed fee is inclusive of all equipment, materials, licenses and training
necessary to perform the duties of the project assignment, including a vehicle, mobile
phone, camera, computer, applications, internet service, printer, and basic field, safety and
surveying equipment.
Thank you for this opportunity to offer our services to the City of Rancho Palos Verdes. Should you have
questions during the selection process, please contact Alan at 310.525.0684.
Sincerely,
Alan Braatvedt.
Project Management • Construction Management • Civil Engineering Design
Tel:866.714.BEAM • Fax: 310.329.1021 • www.sunbeamtech.net C — 1
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PJFAIW
C O N S U L T I N G
President
Sunbeam Consulting
Sunbeam Consulting
1817 Josie Ave
Long Beach, California 90815
Project Management • Construction Management • Civil Engineering Design
Tel:866.714.BEAM • Fax: 310.329.1021 • www.sunbeamtech.net C — 2
City of Rancho Palos Verdes
On -Call Inspection Services for
C O N 5 U L T I N G
C O N S U L T I N G
Sunbeam Technologies, Inc., doing business as Sunbeam
Consulting, 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 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.
Civil Engineering
Project Management
Construction Management & Observation
Staff Assistance
Inspection Services
NPDES Program Implementation
ADA Assessment & Improvements
Plan Checking
Highway & Infrastructure Design
Storm Drainage & Design
Signing and Striping Plans
Parking Design & Analysis
C-3
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�\ City of Rancho Palos Verdes
On -Call Inspection Services for
C O N 5 U L T I N G
SCOPE OF WORK
Background
The City of Rancho Palos Verdes utilizes technical consultants to augment their own staff on an
as -needed basis for inspection of the City's Public Works and Permit projects. Staff
augmentation allows the City to utilize temporary specialist engineering and technical
personnel, without the obligation of providing long-term employment or benefits, when such
services may be needed. It also allows consultants to provide personnel to fill in during
employee absences, such as during vacations, or during weekend or night-time construction
activities.
The professionals at Sunbeam Consulting have been providing regular staff assistance to local
cities for the past 15 years. They have provided short term technical personnel for specific
tasks, such as fill-in construction inspection, construction management, material testing,
surveying, or other specialty personnel, as well as for longer term as -needed assignments.
Our experience includes pavement rehabilitation programs; Americans with Disabilities Act
implementation; curb, gutter, and sidewalk repairs; arterial highway rehabilitation; water and
storm drain repair and improvement projects; utility construction; emergency project
assistance; parks improvements; and miscellaneous projects and studies. We have assisted in
obtaining and implementing funding from state and federal Safe Routes to School, Community
Development Block Grant, State Transportation Improvement Program, and Highway Safety
Improvement Programs.
Scope of Work
The City of Rancho Palos Verdes has a requirement for striping projects in various areas of the City
during any year which require Inspection Services. This proposal is for a 3 -year term extending from July
1, 2016 through to the end of June 20179. In addition Sunbeam is able to provide back-up service in the
event that Jim is not available for a short period, or if the workload requires it.
Sunbeam Consulting will provide as -needed professional personnel to provide Public Works
Inspection services to the City of Rancho Palos Verdes. Tasks may include field inspections; contractor
interfacing; verification of change orders, requests for clarification, and requests for information;
written, photo and video documentation; public relations; verification of measurement; planning
assistance for future projects; and coordination with City staff.
Sunbeam Consulting will meet with City staff to review the scope of work for each task. The services that
sunbeam Inspectors will provide will include the following: Review project details and understand the
intent and goals; review schedules; review existing City and utility records; establish coordination with
the Contractor and the City's Project Manager; and attend meetings when required. Our scope of work
will specifically include the following tasks:
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C O N S U L T I N G
City of Rancho Palos Verdes
On -Call Inspection Services for
(a) Inspect work for compliance with specs while work is in progress —We will provide construction
inspection services to ensure that the work is in compliance with contract documents. We will
proactively examine each work area prior to the start of the striping project to mark the
construction limits, take photographs, verify accuracy, assure that the striping is in accordance
with the intent of the project, and to note any additional concerns that may be present. Any
concerns will be forwarded to the City for disposition.
(b) Prepare Daily Inspection Reports and submit them to the City. Daily project reports will be
completed in the format required by the City, and transmitted to the City's Project Manager
expeditiously. Reports will include daily photographic documentation.
(c) Attend Meetings. Our inspector will attend project meetings, as required throughout the
duration of the projects.
(d) Attend Pre -Construction Meeting. Our inspector and project manager will attend the Pre -
Construction meetings, when required, with City staff.
(e) Deal with any resident concerns received and report to the City in a timely fashion. We will
immediately transmit to the City any and all resident concerns generated during the course of
the projects.
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NFAIN
C O N S U L T I N G
PROJECT EXPERIENCE
Torrance Boulevard Rehabilitation, T-43/44
Torrance, CA
Consultant Cost:
Construction Cost:
Owner:
Completion Date:
Construction Manager:
Construction Observer:
Contact:
$81,905
$832,789
City of Torrance
July 2011
Derry MacMahon
Cris Cole
Elizabeth Overstreet
City Engineer
310.618.3074
City of Rancho Palos Verdes
On -Call Inspection Services for
The scope of work consisted of the grinding and removal of existing pavement, concrete and asphalt
paving, pavement slurry seal, removal and reconstruction of sections of the street, construction of curb
and gutter, sidewalks, driveways, ADA ramps, irrigation and landscaping of existing medians, striping
and adjustment of utilities and other work. In addition to the above the project involved the removal
and replacement of 50,500 SF of residential sidewalks, and the removal and replacement of cross
gutters at 9 intersections.
Street Improvements & Traffic Signal Upgrades on Crenshaw Blvd & 120`" Street
Hawthorne, CA
Consultant Cost:
Construction Cost:
Owner:
Completion Date:
Contact:
Construction Manager:
Funding Source:
$90,000
$4,693,000
City of Hawthorne
January 2011
Mr. Arnold Shadbehr, P.E.
Director of Public Works/
City Engineer
(949) 768-0731
Derry Mac Mahon
HPLUL
Construction Management & Inspection Services for the upgrade of traffic signals at the following
intersections: Crenshaw Boulevard / 1201h Street, Crenshaw Boulevard. / Jack Northrop Avenue,
Crenshaw Boulevard / EI Segundo Boulevard, Prairie Avenue / 120th Street, 120th Street / Doty Avenue
and 120th Street / Van Ness Avenue. In addition to the above work the following sections of street were
upgraded: Crenshaw Boulevard between the 105 Freeway and 135th Street and the section of 1201h
Street between Prairie Avenue and east of Van Ness Avenue. New raised landscaped medians were
constructed along Crenshaw Boulevard.
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City Wide Street Improvement Project
Hawthorne, CA
Construction Cost: $2,300,000
Owner: City of Hawthorne
Completion Date: May 2011
Contact: Akbar Farokhi
Senior Engineer (310) 349-2983
Construction Manager: Derry MacMahon
Construction Inspector: Scott Neumann
Funding Source: ESPL
City of Rancho Palos Verdes
On -Call Inspection Services for
Sunbeam staff provided Construction Management and
Observation for street and sidewalk rehabilitation at multiple
sites in the City of Hawthorne. This project removed and replaced
curb ramps, driveways and sidewalk, a grind and overlay with
ARHM, new signage and striping and the construction of new
landscaped medians. The project area consisted of Rosecrans
Boulevard from Crenshaw Blvd to Prairie Ave; Prairie Avenue
from the 105 Freeway to EI Segundo Blvd; 135th Street from
Hawthorne Blvd to Inglewood Blvd. This was a federally funded
project.
Harbor Boulevard Rehabilitation Project;
Harbor Boulevard & La Habra Boulevard Improvement Project
b
La Ha ra, CA
Cost:
Owner:
Completion Date:
Contact:
Project/Const Manager:
Construction Observer:
Construction Observer:
Funding Source:
$2,400,000
City of La Habra
September 2009
Sam Makar
Senior Civil Engineer
(562) 905-9720
Chuck Stephan, P.E.
Mauricio Zeledon, P.E.
Nicolas Hsieh, P.E.
STPL
This federally -funded STPL project rehabilitated one mile of Harbor Blvd from Lambert Rd to Whittier
Blvd, and improved the intersection at La Habra Blvd by widening the street and installing additional
right and left turn lanes. This project was constructed in conjunction with a Rule 20 utility
undergrounding project, and commercial improvements at adjoining properties. Work included storm
drain box culvert; storm drains; curb, gutter, sidewalks, driveways; water pipelines, meter and fire
hydrant relocations; bore casing under railroad right-of-way; traffic signals; pavement construction and
asphalt rubber hot mix overlay.
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Crenshaw Boulevard Improvements
Torrance, CA
Construction Cost:
Consultant Cost:
Owner:
Completion Date:
Contact:
Project Manager:
Construction Observer:
Alt. Const. Observer:
Funding:
$2,000,000
$92,665
City of Torrance
May 2010
Elizabeth Overstreet
City Engineer
310.618.3074
Chuck Stephan, P.E.
Crispen Cole
Don Wren Jr.
ARRA
City of Rancho Palos Verdes
On -Call Inspection Services for
Sunbeam Staff provided Construction Inspection services for the City of Torrance for street
improvements to Crenshaw Blvd from Maricopa Street to Sepulveda Boulevard. Specific improvements
include AC pavement reconstruction, repair, and overlay; replacement of damaged curb, gutter, and
sidewalks; and construction of ADA curb access ramps. The project will be constructed with, and in
compliance with, federal -aid American Recovery and Reinvestment Act (ARRA) of 2009. The scope of
work includes daily record keeping and inspection, weekly notes and reports, photographs, change
order and Request for Information coordination, DBE/UDBE monitoring, Quality Assurance Program
(QAP) implementation, City and utility coordination.
Valley Drive and Aviation Blvd
Manhattan Beach, CA
Consultant Cost (Valley Drive): $350K
Consultant Cost (Aviation Blvd) $120K
Owner: City of Manhattan Beach
Start Date: November 2009
Completion Date: March 2010
Contact: Steve Finton, P.E
City Engineer
(310)802-5352
Project Manager: Chuck Stephan, P.E.
Assistant Project Manager: Christine Kaskara, P.E.
Construction Observer: Cris Cole
Sunbeam Staff provided Construction Engineering and Project Management services for the City of
Manhattan Beach for these two projects including rehabilitation of Aviation Boulevard from Marine
Avenue to Manhattan Beach Boulevard, and Valley Drive from 15th Street to Sepulveda Boulevard. The
worked included asphalt pavement milling and overlay, localized reconstruction, utility adjustments,
striping and markings, and other incidental work. Both of these projects were funded with ARRA grants.
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Annual Street Overlay Project 2010
Rancho Palos Verdes, CA
Cost: $1.3 million
Owner: City of Rancho Palos Verdes
Completion Date: 2010
Contact: Nicole Jules, P.E. Senior Engineer
(310)377-0360
Principal -In -Charge: Chuck Stephan, P.E.
Project Manager: Chuck Stephan, P.E.
Design Engineer: Nicolas Hsieh, P.E.
Construction Manager: Chuck Stephan, P.E.
Construction Observer: Cris Cole, P.E.
City of Rancho Palos Verdes
On -Call Inspection Services for
Sunbeam Staff provided project and construction management services for the City of Rancho Palos
Verdes 2010 pavement rehabilitation project, which included street repairs consisting of Cape Seal,
slurry seal, and reconstruction, ADA improvements, PCC curb, gutter, sidewalk and driveway repairs,
signage, and striping. This $1.3 million project rehabilitated 92 residential and collector streets (15
miles).
Annual Street Overlay Project 2006 & 2007
Rancho Palos Verdes, CA
Cost:
Owner:
Completion Date:
Contact:
Principal -In -Charge:
Project Manager:
Construction Manager
Construction Observer:
$1,487,000
City of Rancho Palos Verdes
2006 & 2007
Ron Dragoo, Senior Engineer
(310)544-5246
Chuck Stephan, P.E.
Alan Braatvedt
Derry Mac Mahon
Kevin Klaus, P.E.
Responsible for contractor coordination, documentation and controls including preliminary notices,
invoicing, submittals, certified payrolls, releases, etc. Also conducted and documented regular meetings
and dealt with the numerous public relations issues. Closed out the project and filed the Notice of
Completion.
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PUFAM
C O N S U L T I N G
McCarrell Canyon
Rancho Palos Verdes, California
APWA Southern California Chapter Project of the Year
2009 — Water & Wastewater
Construction Cost:
Owner:
Completion Date:
Contact:
Project Manager:
$5,000,000
City of Rancho Palos Verdes
April 2010
Ron Dragoo
Senior Project Engineer
310.544.5246
Alan Braatvedt
City of Rancho Palos Verdes
On -Call Inspection Services for
This major storm drain project was for the pipeline installation to convey water from the steep
McCarrell Canyon through 3,000 -feet of pipeline to the beach in the City of Rancho Palos Verdes.
Sunbeam Staff was involved in the development of the concept
design, selection of the design engineering firm and managing the
project all the way through the design phase. The design was
developed into an extremely innovative design with numerous fail-
safe components. The main components of the project are: A large
intake structure; 500 -feet of 54 -inch CMP; 2,300 -feet of 66 -inch steel
pipe and a 300 -foot slant drain through the bluff to the beach,
constructed in a tunneling operation.
Arterial Roads Rehabilitation Project Fiscal Year 2010-2011
Rancho Palos Verdes, California
Consultant Cost:
$70,000
Construction Cost:
$2 million
Owner:
City of Rancho Palos Verdes
Completion Date:
July 2011
Project Manager:
Chuck Stephan, P.E.
Design Engineer:
Chuck Stephan, P.E.
Nicolas Hsieh, P.E.
Contact:
Nicole Jules, P.E.
Senior Engineer
310.544.5275
Prepared Plans, Specifications and Estimate for the rehabilitation of Palos Verdes (PV) Drive South in the
City of Rancho Palos Verdes. PV Drive South is a challenging arterial highway winding along the bluffs of
the Palos Verdes peninsula overlooking the Pacific Ocean. The street varies from a fully developed 4 lane
divided highway with bicycle path, to a 2 lane highway over unstable creeping subgrade soils.
Rehabilitation strategies included selective removal and replacement (R&R) areas, asphalt rubber hot
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C O N S U L T I N G
City of Rancho Palos Verdes
On -Call Inspection Services for
mix (ARHM) and conventional asphalt overlays, and microsurface application. Work included the
relocation and improvement of bus pads and shelters, retaining walls, PCC repairs, striping and
markings. A comprehensive traffic sign field review and replacement plan was prepared to bring all
traffic signs into uniformity and conformance with MUTCD requirements.
Storm Drain Structural Lining CIPP Rehabilitation Project
Rancho Palos Verdes, California
Construction Cost:
Owner:
Completion Date:
Contact:
Project Manager:
Construction Inspector:
$356,151
City of Rancho Palos Verdes
April 2009
Ron Dragoo
Senior Project Engineer
310.544.5246
Kevin Klaus
Scott Neumann
Sunbeam Staff provided Construction Management and Inspection Services for the Strom Drain
Structural Lining Project for the City of Rancho Palos Verdes. The scope of work for this project included
Video inspection of 5066 LF of storm drain lines; 1712 LF of cleaning in the existing storm drain lines;
and installation of structural lining in —2400 LF of existing storm drain line. The City of Rancho Palos
Verdes is highly dependent upon a system of inlets, outlets, and corrugated metal pipes (CMP) to drain
the terraced communities of this oceanfront peninsula. This project was part of the City's storm drain
rehabilitation project and involved the rehabilitation of numerous CMP storm drains throughout the
City. Sunbeam Staff managed the evaluation of the existing system, pipe preparation, and installation of
new cured in place pipe materials. This work will extend the life of storm drain lines that were
determined to be most deteriorated and at risk of failure.
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KEY PERSONNEL
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
City of Rancho Palos Verdes
On -Call Inspection Services for
Entered Profession
1989
Professional Affiliations
American Water Works
Association (AWWA)
The National Utility Contractors
Association (NUCA)
California Emergency Response
Technologies, Inc
Slurry seal association
Chip Seal association
• Inspect large diameter steel mortar lined and coated water pipe
• Inspect CIPP and fold and form pipe from 6" to 30" on Sewer and storm drain pipelines.
• View and approve pre -lining video and assess point repairs. View post video to assure quality and
to approve job quantities.
• Inspect gabion baskets and barrier walls
• Inspect slope improvement and stabilization projects
• Communicate and work with surrounding Utilities, local agencies and Contractors to insure
compliance with City Standards.
• Update job specifications and standard detail requirements.
• Communicate with City staff on a daily basis, summarize all work performed daily
• Prepare job status reports, agendas, approve unit prices from contractors, issue noncompliance
and correction notices.
• Measure and approve job quantities and pay estimates
• Create pavement management and striping data bases and evaluate inventory
• Prepare material submittals and transmittals.
• Prepare cost proposals
• Attend progress meetings with engineers and contractors
Principals of hot mix asphalt • Asphalt Institute
Utility Inspection Course • Ventura County • 2007
Traffic Control • San Diego, Ca • 2005
Competent Person Training/Trench Shoring • Anaheim, Ca • 2003
Water Distribution 2 • Thousand Oaks, Ca • 2000
Water Technology Training • Alta Loma, Ca • 2000
Tunnel Construction Safety/Confined Space • Woodland Hills, Ca • 1997
Welding and Technology • Simi Valley, Ca • 1993
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�\ City of Rancho Palos Verdes
On -Call Inspection Services for
C O N 5 U L T I N G
REFERENCES
City of Hawthorne
4455 W. 126th St.
Hawthorne, CA 90250
Arnie Shadbehr, Public Works Director (310) 349-2985
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254-3885
Frank Senteno, Public Works Director (310) 318-0238
City of La Habra
201 E. La Habra Blvd
La Habra CA 90633-0337
Sam Makar, Senior Civil Engineer (562) 905-9720
City of Manhattan Beach
1400 Highland Avenue
Manhattan Beach, CA 90266
Gilbert Gamboa, Senior Civil Engineer (310) 802-5352
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA
Nicole Jules, Senior Engineer (310)377-0360
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