CC SR 20180206 F - School FlaggingRANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 02/06/2018
AGENDA HEADING: Consent Calendar
Consideration and possible action to approve the professional services agreement for
school flagging operations for the remainder of school calendar year 2017-2018 and the
full school calendar year 2018-19, and approve an additional budget appropriation.
RECOMMENDED COUNCIL ACTION:
(1) Authorize the Mayor to execute the attached professional services agreement
with Sunbeam Solar Technologies, DBA Sunbeam Consulting, for school
flagging operations for the remainder of school calendar year 2017-2018, and the
full school calendar year 2018-19; and,
(2) Approve an additional budget appropriation in the amount of $50,000 in the
Traffic Management Fund for Account No. 101-400-3120-5101 to cover the
needed costs for the remainder of FY17-18.
FISCAL IMPACT: Flagging services cost approximately $140,000 a year. The
budgeted for FY17-18 was $100,000. Therefore, a budget appropriation of $50,000 is
requested to cover the needed expenses.
Amount Budgeted:
Additional Appropriation:
Account Number(s):
$100,000
$50,000
101 -400 -3120 -5101 -
ORIGINATED BY: Lauren Ramezani, Senior Administrative Analyst j,_
REVIEWED BY: Elias Sassoon, PE, Director of Public Works =;t
APPROVED BY: Doug Willmore, City Manager /'�,-''
ATTACHED SUPPORTING DOCUMENTS:
A. Agreement with Sunbeam Solar Technologies, DBA Sunbeam Consulting
for school flagging operations (page A-1)
B. Proposal from Sunbeam Solar Technologies, DBA Sunbeam Consulting
(page B-1)
BACKGROUND AND DISCUSSION:
The City provides professional school flagging services in the Miraleste Intermediate
School area. The goal is to reduce traffic congestion occurring during peak morning
school drop-off and afternoon pickup times, and to create a more systematic and
organized vehicular and pedestrian traffic flow during these times. The flagging
locations are at two key intersections that have no traffic signals: 1) Palos Verdes Dr.
E. and Via Colonita, and 2) Palos Verdes Dr. E. and Miraleste Dr.
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The Los Angeles County Sheriff's Department (LASD) previously provided flagging
services for a number of years. In the 2015-2016 school calendar year, LASD stopped
providing such services after it was determined that such services were outside their
scope of duties. Another vendor provided the services for the 2016-2017 school
calendar year at an average cost of $150/hour per flagger. However, Staff received
complaints from parents about the flagging services, including the lack of consistency
in the flagging personnel resulting in a less -than -smooth traffic flow in the area. As a
result, the vendor was changed.
Starting in September 2017, Sunbeam Solar Technologies, DBA Sunbeam Consulting
(Sunbeam), began providing the services on a temporary trial basis. Between August
and December 2017, Staff observed a high quality of service and responsiveness, and
received no or a minimal number of reported complaints. As a result, Staff is
requesting the continuation of Sunbeam's services for the remainder of the 2017-2018
school calendar year (22 weeks), and for the full 2018-2019 school calendar year (36
weeks).
The scope of services includes providing two flaggers, one at each key intersection.
The flaggers are certified by the American Traffic Safety Services Association and
meet all Department of Transportation requirements to provide these services. Each
flagger will work a minimum of 4 hours per day (approximately two hours in the early
morning drop-off and two hours in the afternoon pick-up times). These services will be
provided daily when the school is in session.
Sunbeam's proposed fee is inclusive of all equipment, materials, licenses and training
necessary to perform the duties of the project assignment. The Sunbeam fee is
competitive and below that of the previous vendor. The cost of each flagger's services
is $97/hour and, combined with a weekly management fee of $250, the weekly budget
is $4,130/week. The total flagging costs for the school year are estimated at $140,000.
The approved FY17-18 budget is $100,000. Approximately $50,000 was spent
between August and December 2017. The flagging costs for January to June (22
weeks until school ends) are estimated at $90,860. Therefore, Staff requests a budget
appropriation of $50,000 to cover the needed expenditure. The term of the attached
agreement is from January 1, 2018, to early June 2019, when the 2018-2019 school
calendar year ends. Sunbeam's proposal includes 5% rate increase. The FY18-19
total annual cost is estimated at $156,114.
The attached agreement has been prepared and reviewed by the City Attorney's office.
ALTERNATIVES:
In addition to the Staff recommendations, the following alternative actions are available
for the City Council's consideration:
1. Do not provide school flagging services
2. Take other action as deemed appropriate by the City Council.
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CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
SUNBEAM SOLAR TECHNOLOGIES, DBA SUNBEAM CONSULTING
for
PROFESSIONAL SCHOOL FLAGGING SERVICES
01203.0006/435528.2
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 —day of 2018 by and between the City of Rancho Palos Verdes, a California
municipal corporation ("City") and Sunbeam Solar Technologies, DBA Sunbeam Consulting, a
California corporation ("Consultant"). City and Contractor may be referred to, individually or
collectively, as "Party" or "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
01203.0006/435528.2 _ 3 ~_ 3
altering, adding to or deducting from said work. No such extra work may be undertaken unless a written
order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i)
the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement,
which said adjustments are subject to the written approval of the Consultant. Any increase in
compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the
time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any
greater increases, taken either separately or cumulatively, must be approved by the City Council. It is
expressly understood by 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
Two Hundred Forty -Six Thousand Nine Hundred and Seventy Four Dollars ($246,974) (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.
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01203.0006/435528.2
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and
expenses incurred during the preceding month in a form approved by City's Director of Finance. By
submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all
provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by
the following categories: labor (by sub -category), travel, materials, equipment, supplies, and sub-
contractor contracts. Sub -contractor charges shall also be detailed by such categories. Consultant shall
not invoice City for any duplicate services performed by more than one person.
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
01203.0006/435528.2 - 5 ~_ 5
event shall Consultant be entitled to recover damages against the City for any delay in the performance of
this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to
this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall
continue in full force and effect until completion of the services but not exceeding one (1) years from the
date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D").
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:
(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 Elias Sassoon, 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
01203.0006/435528.2 _ 6 A- 6
approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the
City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of
this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means
by which Consultant, its agents or employees, perform the services required herein, except as otherwise
set forth herein. City shall have no voice in the selection, discharge, supervision or control of
Consultant's employees, servants, representatives or agents, or in fixing their number, compensation or
hours of service. Consultant shall perform all services required herein as an independent contractor of
City and shall remain at all times as to City a wholly independent contractor with only such obligations
as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any
of its agents or employees are agents or employees of City. City shall not in any way or for any purpose
become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a
member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees
were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not
contract with any other entity to perform in whole or in part the services required hereunder without the
express written approval of the City. In addition, neither this Agreement nor any interest herein may be
transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether
for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted
hereunder shall include the transfer to any person or group of persons acting in concert of more than
twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into
account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy
proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any
surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and content
satisfactory to City, during the entire term of this Agreement including any extension thereof, the
following policies of insurance which shall cover all elected and appointed officers, employees and
agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or
equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for
bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not
less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate
limit shall be twice the occurrence limit.
(b) Worker's Compensation Insurance. A policy of worker's compensation
insurance in such amount as will fully comply with the laws of the State of California and which shall
indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising
from any injuries or occupational diseases occurring to any worker employed by or any persons retained
by the Consultant in the course of carrying out the work or services contemplated in this Agreement.
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01203.0006/435528.2
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including "any auto" and
endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written
on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said
policy shall include coverage for owned, non -owned, leased, hired cars and any automobile.
(d) Professional Liability. Professional liability insurance appropriate to the
Consultant's profession. This coverage may be written on a "claims made" basis, and must include
coverage for contractual liability. The professional liability insurance required by this Agreement must
be endorsed to be applicable to claims based upon, arising out of or related to services performed under
this Agreement. The insurance must be maintained for at least 5 consecutive years following the
completion of Consultant's services or the termination of this Agreement. During this additional 5 -year
period, Consultant shall annually and upon request of the City submit written evidence of this continuous
coverage.
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each subcontractor. All
coverages for subcontractors shall include all of the requirements stated herein.
(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.
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[to be initialed]
Consultant Initials
City, its respective elected and appointed officers, directors, officials, employees, agents and
volunteers are to be covered as additional insureds as respects: liability arising out of activities
Consultant performs; products and completed operations of Consultant; premises owned, occupied or
used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The coverage
shall contain no special limitations on the scope of protection afforded to City, and their respective
elected and appointed officers, officials, employees or volunteers. Consultant's insurance shall apply
separately to each insured against whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At the
option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects City or its respective elected or appointed officers, officials, employees and volunteers or the
Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim
administration, defense expenses and claims. The Consultant agrees that the requirement to provide
insurance shall not be construed as limiting in any way the extent to which the Consultant may be held
responsible for the payment of damages to any persons or property resulting from the Consultant's
activities or the activities of any 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 ~
01203.0006/435528.2 _ 9 _ 9
of or in connection with the negligent performance of or failure to perform the work, operation or
activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees,
any and all costs and expenses incurred by the City, its officers, agents or employees in such action or
proceeding, including but not limited to, legal costs and attorneys' fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails
to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City
to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes
claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful
misconduct of Consultant in the performance of professional services hereunder. The provisions of this
Section do not apply to claims or liabilities occurring as a result of City's sole negligence or willful acts
or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in
part from City's negligence, except that design professionals' indemnity hereunder shall be limited to
claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design
professional. The indemnity obligation shall be binding on successors and assigns of Consultant and
shall survive termination of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies qualified
to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key
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
01203.0006/435528.2 -10-A- 10
aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease
the cost of the work or services contemplated herein or, if Consultant is providing design services, the
cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact,
circumstance, technique or event and the estimated increased or decreased cost related thereto and, if
Consultant is providing design services, the estimated increased or decreased cost estimate for the project
being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer
files, reports, records, documents and other materials (the "documents and materials") prepared by
Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the
property of City and shall be delivered to City upon request of the Contract Officer or upon the
termination of this Agreement, and Consultant shall have no claim for further employment or additional
compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment
of the documents and materials hereunder. Any use, reuse or assignment of such completed documents
for other projects and/or use of uncompleted documents without specific written authorization by the
Consultant will be at the City's sole risk and without liability to Consultant, and Consultant's guarantee
and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such
documents for its own use. Consultant shall have the right to use the concepts embodied therein. All
subcontractors shall provide for assignment to City of any documents or materials prepared by them, and
in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages
resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify
as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby
deemed "works made for hire" for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the public
domain or already known to Consultant. Consultant shall not release or disclose any such information or
work product to persons or entities other than City without prior written authorization from the Contract
Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City Attorney,
voluntarily provide documents, declarations, letters of support, testimony at depositions, response to
interrogatories or other information concerning the work performed under this Agreement. Response to a
subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of
such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City shall
have the right to reimbursement and indemnity from Consultant for any damages, costs and fees,
including attorneys fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery request,
court order or subpoena from any party regarding this Agreement and the work performed there under.
City retains the right, but has no obligation, to represent Consultant or be present at any deposition,
hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with
the opportunity to review any response to discovery requests provided by Consultant. However, this
-11- A-11
01203.0006/435528.2
right to review any such response does not imply or mean the right by City to control, direct, or rewrite
said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted
in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in
such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in
the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in
the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes, Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not
have any obligation or duty to continue compensating Consultant for any work performed after the date
of default. Instead, the City may give notice to Consultant of the default and the reasons for the default.
The notice shall include the timeframe in which Consultant may cure the default. This timeframe is
presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant.
During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the
default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole
discretion, elect 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.
-12- A- 12
01203.0006/435528.2
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.
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
01203.0006/435528.2 - 13 A- 13
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 Consultant, or any successor
in interest, in the event of any default or breach by the City or for any amount which may become due to
the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire
any interest, directly or indirectly, which would conflict in any manner with the interests of City or which
would in any way hinder Consultant's performance of services under this Agreement. Consultant further
covenants that in the performance of this Agreement, no person having any such interest shall be
employed by it as an officer, employee, agent or subcontractor without the express written consent of the
Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any
conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this
Agreement nor shall any such officer or employee participate in any decision relating to the Agreement
which affects her/his financial interest or the financial interest of any corporation, partnership or
association in which (s)he is, directly or indirectly, interested, in violation of any State statute or
regulation. The 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.§ 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.
- 14- A- 14
01203.0006/435528.2
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either served
personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the
attention of the Contract Officer (with her/his name and City title), City of Rancho Palos Verdes, 30940
Hawthorne Blvd., California 90275 and in the case of the Consultant, to the person(s) at the address
designated on the execution page of this Agreement. Either party may change its address by notifying the
other party of the change of address in writing. Notice shall be deemed communicated at the time
personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this
Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language
used and shall not be construed for or against either party by reason of the authorship of this Agreement
or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 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 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
01203.0006/435528.2 - 15 A- 15
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]
- 16- A- 16
01203.0006/435528.2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first -above written.
ATTEST:
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
David J. Aleshire, City Attorney
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
Susan Brooks, Mayor
CONSULTANT:
SUNBEAM SOLAR TECHNOLOGIES, DBA
SUNBEAM CONSULTING, a California
corporation
By:
Name:
Title:
By:
Name:
Title:
Address: 1817 Josie Ave
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.
01203.0006/435528.2
-1 � - A- 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 , 2018 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
TITLES)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER
IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203.0006/435528.2
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
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 , 2018 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
TITLES)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER
IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203.0006/435528.2
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
A- 19
EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will perform Professional School Flagging Services and Management Oversight
Services for the City of Rancho Palos Verdes from January 2, 2018, to the end of the school
year in June, 2019. A map of two intersections and the approximate location of the two
flaggers are attached as Exhibit "A-1."
A. School Flagging Services. The School Flagging Services will be performed as follows:
• The purpose of these services is to reduce traffic congestion occurring during peak school drop-
off and pickup times in the vicinity of Miraleste Intermediate School. Flaggers shall direct traffic
at the locations designated below in a way that creates a systematic and organized car and
pedestrian traffic flow.
• Two locations will have flaggers. One flagger per location. The locations are the intersection of
Palos Verdes Drive East and Via Canada, and the intersection of Palos Verdes Drive East and
Miraleste Drive.
• Flaggers will be dressed in appropriate personal protective equipment, will be identifiable to
vehicles and pedestrians, and will have all the equipment required for the Services, including, but
not limited to, paddles, cones, signs, and radios for communication between them.
• Flaggers will keep a daily record of all relevant information and incidents, including weather
conditions, start and end times of services, and any traffic accidents or pedestrian injuries that
occur during the Services. These records shall be provided to City upon request.
• Flaggers will begin setting up and be available to start flagging before the designated start time
for their services and will not leave their posts until after their services are no longer required.
• Consultant will have available alternates for every day of service in the event that one of the
flaggers is not available for some or all of the service required on any given day.
• Each flagger will work a minimum of 4 hours per day, and in any event will cover both peak drop
off and pickup times, no matter how long the services will be required. The approximate peak
drop-off times are:
o Mondays: Drop off times are between 7:00 AM to 8:15 PM, and Pick up times are
between 2:00 PM to 3:15 PM
o Tuesday through Friday: Drop off times are between 7:00 AM to 8:15 PM, and Pickup
times are between 3:00 PM to 4:00 PM
However, Consultant will be responsible for adjusting the hours that services are provided based
on observations of traffic patterns, and shall also stay informed of school events, holidays, and
alternate scheduling (e.g., late -start days) that affect traffic patterns, and adjust service hours
accordingly.
The services will be provided every day that Miraleste Intermediate School is in session from
January 2, 2018, through the second week of June, 2019, unless otherwise directed by City.
B. Management Oversight Services. Consultant will provide professional management
oversight services to ensure that standards are maintained at all times and adequate
01203.0006/435528.2
A- 20
weekly status report are produced and provided to the City. Additionally, Consultant
shall attend monthly meetings as requested by the City.
• Consultant's representative will met with city staff regularly to review the effectiveness of the
flagging, discuss any potential improvements, and address any issues that may arise from the
general public or the school.
II. Consultant shall provide the following reports to the City as part of the Services under this
Agreement:
A. Weekly reports indicating that the services were completed without incident, or
providing details of any accidents, injuries, or complaints that occurred during the
previous week.
III. Consultant will utilize the following personnel to accomplish the Services:
A. For professional flagging, Consultant will utilize Curtis Jackson and Donte Morgan, both
of whom are American Traffic Safety Services Association (ATSSA) certified, which
meets all DOT requirements. The replacement of either of these two individuals with a
different flagger is subject to approval by the City. All flagger must possess all required
certifications and training to perform the services.
B. For professional management oversight, Jim Pugh
01203.0006/435528.2
A- 21
EXHIBIT "A-1"
MAP
FLAGG I NG OPE RATI ON FOR PALOS VER DES DRIVE EAST ,AND
VIA CANADA
01203.0006/435528.2
A- 22
01
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EXHIBIT `B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
[INTENTIONALLY LEFT BLANK]
01203.0006/435528.2
A- 24
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates. These rates are
inclusive of all equipment, materials, licenses and training necessary to perform the
Services. Consultant will only be paid for actual days and hours worked, and will not be
entitled to a flat weekly rate.
A. 2017-2018 School Year
• Flagging Services: $97.00 /hour
• Management Oversight: $125.00/hour
• Assuming a 5 -day school week, the weekly budget amount for the service for both
Flaggers plus Management Oversight for 2 -hours per week is $4,130.00/week.
B. 2018-2019 School Year
• Flagging Services: $101.85/hour
• Management Oversight: $131.25/hour
• Assuming a 5 -day school week, the weekly budget amount for the service for both
Flaggers plus Management Oversight for 2 -hours per week is $4,336.50/week.
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. The City will compensate Consultant for the Services performed upon submission of a
valid invoice. Each invoice is to include:
A. Line items for all the work performed.
B. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
IV. The total compensation for the Services shall not exceed $246,974, as provided in Section
2.1 of this Agreement.
01203.0006/435528.2
A- 25
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Consultant shall provide flagging services from January 2, 2018, through the second week of
June, 2019. Services shall be provided on every day that Miraleste Intermediate School is in
session, unless otherwise directed by City. The PVPUSD 2017-2018 School Year Calendar is
attached hereto as Exhibit "D-1." The PVPUSD 2018-2019 School Year Calendar shall be
incorporated herein by reference at such time as it is completed by the PVPUSD.
H. The Schedule may be revised by the Contract Officer pursuant to Section 3.2 of this Agreement.
01203.0006/435528.2
A- 26
EXHIBIT "D-1"
FLAGGING OPERATIONS SCHEDULE
PALLS VERDES PENINSULA UNIFIED HG171L DISTFUCT - 2W -2D18 SC: HILL CALENDAR
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A- 27
Sunbeam Consulting
1817 Josie Ave
Long Beach, California 90815
December 20, 2017
City of Rancho Palos Verdes
Department of Public Works
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
Attention: Lauren Ramezani
RE: Additional Flagging Services for the City of Rancho Palos Verdes
Dear Ms. Ramezani:
Sunbeam Consulting is pleased to provide this proposal to continue the Professional Flagging Services
for the City of Rancho Palos Verdes from January 2, 2018 to the end of the school year on June 7, 2018.
We appreciate the consideration and opportunity of providing these Flagging Services to City of Rancho
Palos Verdes.
The principals of Sunbeam Consulting and employees have decades of experience in providing various
public works and general engineering services for Public Sector Clients. This work includes design,
program management, project management, construction management, inspection and other
professional services. 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
Curtis Jackson and Donte Morgan, both of whom have American Traffic Safety Services Association
certified, which meets all DOT requirements, to provide these services.
Mr. Jim Pugh will provide professional management oversight services to ensure standards are
maintained at all times and adequate records are produced and filed. Jim has worked for the City of
Rancho Palos Verdes for many years and is very familiar with the operations of the City and personnel.
Two locations will have flaggers. One flagger per location. The locations are the intersection
of Palos Verdes Drive East and Via Canada, and Palos Verdes Drive East and Miraleste Drive.
Two flaggers will be provided for the services and each will work a minimum of 4 -hours per
day, and in any event will cover both the early and later times each day, no matter how long
the services will be required.
The services will be provided daily during the remainder of the 2017-2018 school year.
Sunbeam complies with the State and Federal Prevailing Wage base rate for Flagger Services.
The fee is valid for a 12 -month period from award. Should the City wish to extend the service,
the fee for the following 12 -month period, a 5% increase in the rate will apply.
Sunbeam's proposed fee is inclusive of all equipment, materials, licenses and training
necessary to perform the duties of the project assignment.
The Sunbeam fee for each flagger's services is $97.00 /hour and Management Oversight is
$125.00/hour
Project Management • Construction Management • Civil Engineering Design
Tel:866.714.BEAM • Fax: 310.329.1021 • www.sunbeamtech.net B_1
-I Sunbeam Consulting
RFAIN.1817 Josie Ave
C O N 5 U L T I N G Long Beach, California 90815
The weekly budget amount for the service for both Flaggers together plus Management
Oversight for 2-hours per week is $4,130.00/week
The budget for the remaining 22-weeks of the school year is $90,860.
Thank you for this opportunity to offer our services to the City of Rancho Palos Verdes. Should you have
questions about our proposal, please contact Alan at 310.525.0684.
Sincerely,
L P.v�
Alan Braatvedt.
President
Sunbeam Consulting
Project Management • Construction Management • Civil Engineering Design
Tel:866.714.BEAM • Fax: 310.329.1021 • www.sunbeamtech.net B_2
Sunbeam Consulting
1817 Josie Ave
Long Beach, California 90815
January 22, 2018
City of Rancho Palos Verdes
Department of Public Works
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
Attention: Lauren Ramezani
RE: Budget Provision to Extend the Flagging Services for the City of Rancho Palos Verdes through
the 2018 — 2019 School Year
Dear Ms. Ramezani:
Sunbeam Consulting is pleased to provide this proposal to provide Professional Flagging Services for the
City of Rancho Palos Verdes for the 2018 — 2019 School Year. This proposal for the additional services is
based on the typical school year being 180 school days, with service provided on each of those school
days. This is equivalent to 36 -full weeks. We appreciate the consideration and opportunity of providing
these Flagging Services to City of Rancho Palos Verdes.
The principals of Sunbeam Consulting and employees have decades of experience in providing various
public works and general engineering services for Public Sector Clients. This work includes design,
program management, project management, construction management, inspection and other
professional services. 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 continuing
to utilizing Curtis Jackson and Donte Morgan, both of whom have American Traffic Safety Services
Association certified, which meets all DOT requirements, to provide these services.
Mr. Jim Pugh will continue to provide professional management oversight services to ensure standards
are maintained at all times and adequate records are produced and filed. Jim has worked for the City of
Rancho Palos Verdes for many years and is very familiar with the operations of the City and personnel.
Two locations will have flaggers. One flagger per location. The locations are the intersection
of Palos Verdes Drive East and Via Canada, and Palos Verdes Drive East and Miraleste Drive.
Two flaggers will be provided for the services and each will work a minimum of 4 -hours per
day, and in any event will cover both the early and later times each day, no matter how long
the services will be required.
The services outlined would be provided daily during the 2018-2019 school year.
Sunbeam complies with the State and Federal Prevailing Wage base rate for Flagger Services.
Sunbeam's proposed fee is inclusive of all equipment, materials, licenses and training
necessary to perform the duties of the project assignment.
The Sunbeam fee for each flagger's services will be $101.85/hour and Management Oversight
is $131.25/hour, an increase of 5% over the previous period to cover inflation increases.
Project Management • Construction Management • Civil Engineering Design
Tel: (310)525-0684 • www.sunbeamtech.net B_3
�`I Sunbeam Consulting
1817 Josie Ave
o N s„ I T,� � Long Beach, California 90815
The weekly budget amount for the service for both Flaggers together plus Management
Oversight for 2 -hours per week is $4,336.50/week.
There are 180 school days in a year, which equates to 36 -weeks, so the total cost for the
service for that 36 -week period of the 2018 — 2019 school -year is $156,114.
Actual payment will be only for the hours worked.
Thank you for this opportunity to offer our services to the City of Rancho Palos Verdes. Should you have
questions about our proposal, please contact Alan at 310.525.0684.
Sincerely,
Alan Braatvedt.
President
Sunbeam Consulting
Project Management • Construction Management • Civil Engineering Design
Tel: (310)525-0684 • www.sunbeamtech.net B_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
P
A
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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 and other needs,
including Flagging. 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; and flagging. 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 to provide flagging services at two locations near the
Miraleste Intermediate School to assist with safe pedestrian and traffic flow at drop-off and pick-up
times at the school. The flaggers will be dressed in the appropriate PPE gear and be identifiable and
have all the equipment required for the task at hand including paddles, cones, signs and radios for
communication between them. The flaggers will keep a daily record of all relevant information and
incidents, including weather conditions, start and end times. The flaggers will begin setting up and be
available to start flagging before the designated time and will not leave their posts until after their
services are no longer required. In addition Sunbeam will provide back-up service in the event that one
of the flaggers is not available for a period, or if the workload requires it.
Sunbeam Consulting management will meet with City staff regularly to review the effectiveness of the
flagging and discuss any potential improvements and address any issues that may arise from the general
public or the School. This will provide a means for feedback to the flaggers and ability for the flaggers to
convey their thoughts to the City.
P
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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 & 120th 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 / 120th Street, Crenshaw Boulevard. / Jack Northrop Avenue,
Crenshaw Boulevard / EI Segundo Boulevard, Prairie Avenue / 120th Street, 1201h Street / Doty Avenue
and 120th Street / Van Ness Avenue. In addition to the above work the following sections of street were
upgraded: Crenshaw Boulevard between the 105 Freeway and 135th Street and the section of 120th
Street between Prairie Avenue and east of Van Ness Avenue. New raised landscaped medians were
constructed along Crenshaw Boulevard.
P
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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.
P
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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.
P
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1.1
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.
P
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-1 \\11
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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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
CURTIS JACKSON
Flagger
8/2016- Present School Crossing Guard
Direct or escort pedestrians across streets, stopping
traffic as necessary.
Monitor traffic flow to locate safe gaps through which
pedestrians can cross street.
Be at post accurately and on time
Use traffic control signs to help maintain safety crossing
the street for pedestrians.
11/2014-8/2016 Labor Ready
Warehouse Experience
Utilize map books
Prepared orders for shipping and receiving
Tide down loads properly
Provide customer service to customers
Package & packing
05/2016-08/2016 Painter Apprentice
Painting interior and Exterior of homes
Painted homes located on the Air Force base
Repair Walls using drill
Repair wooden outside rails to stairs
01 /2016-04/2016 Electrician
Repairing and assembling light fixtures
09/2013-07/2015 Customer Service Associate
A-1 Barber& Hair Salon
Provide Customer Service
Order front and back office supplies
Scheduled Appointments
Education:
City of Rancho Palos Verdes
On -Call Inspection Services for
Entered Work Force
2013
Certification
ATTSA for Flagging
Skills
Forklift Operator License
Trained Heavy Equipment Operator
Shipping & Receiving Experience
Team Player with Flexibility
Strong Communication Skills
Customer Service Experience
Environmental Outsource Forklift Operator License Los Angeles, CA
Associated Training Service of California Victorville, CA
Heavy Equipment Operator 1 Training Los Angeles, CA
David Starr Jordan High Los Angeles, CA
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DONTE MORGAN
Flagger
08/14 — present Hertz Rent-A-Car,
Transporter, Los Angeles.CA
11/11 - 7/14 Clark County Traffic Engineering, Athens, Georgia
Traffic control managing
Pulling signs
Marking streets
08/09- 12/10 Mail Clerk, Big Five Sporting Goods, EI Segundo,
CA.
Collecting mail from company officers and employees.
Sorting mail received from outside sources.
Delivering mail to worker
Performed certain task such as delivering payroll
checks to employees
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
City of Rancho Palos Verdes
On -Call Inspection Services for
Entered Work Force
2010
Certification
ATTSA for Flagging
Education
General Studies, Taft High School,
Los Angeles, CA
Liberal Arts Degree, Los Angeles
Valley College
Sociology, West Texas A&M
University
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
and outfall structures
• Inspect large diameter steel mortar lined and coated water pipe
• Inspect CIPP and fold and form pipe from 6" to 30" on Sewer and storm drain pipelines.
• View and approve pre -lining video and assess point repairs. View post video to assure quality and
to approve job quantities.
• Inspect gabion baskets and barrier walls
• Inspect slope improvement and stabilization projects
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On -Call Inspection Services for
• 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
JOHN COLLINS
Public Works Inspector
Senior Construction Inspector
The following is a selection of relatively recent project experience:
CITY OF LOS ANGELES.DEPT OF AIRPORTS, CA - June 1998 to 2016
LEAD inspector for major Construction/Demolition,
infrastructure, Signage, airfield lighting, underground utilities,
FAA/OSHA safety compliance, project administration,
Runway/Taxiway constr. & Public Works Improvements.
WEST AIRFIELD - 2014 to April 2016
Entered Profession
1981
Professional Specialties
Paving,
U nderground utilities
S ewer/storm drain systems
Street lighting
Road construction,
OSHA safety compliance
Project administration
Budget: $ 68M
Project consists site clearing and grubbing, excavating and export of 350,000 cubic yards of
unclassified fill, construction of 150,000 square yards of PCC for taxiway and ramp area, 75,000
square yards of Asphalt paving for service roads and taxiway shoulders, airfield lighting / signage,
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On -Call Inspection Services for
storm drain system, underground utilities, fuel and water systems, public works improvements, FAA
regulation enforcement and coordination with other public utilities and Project Administration
RUNWAY STATUS LIGHTS - 2014 to 2014
Budget: $ 12M
Project consisted of Demolition of existing runway status lighting system and the installation of
upgraded system. Construction activities included directional boring and trenching for conduit and duct
bank installation, replacement of concrete encased base cans and existing equipment, installation of
light fixtures, conductors and fiber optic cable and the construction of multiple FAA Control shelters.
TAXIWAYT RECONSTRUCTION (2013) • Budget: $85M
Project consisted of Demolition of 65,000 Square yards of concrete taxiway, existing utilities and service
road, installation of storm drain system, fuel line system, 12"& 16" water lines, oil and water
separator, taxiway electrical system including light fixtures and signage, fiber optic cable to control
tower, 21,000 square yards of asphalt paving, 110,000 square yards of concrete for taxiway, blast
fence, retaining wall, perimeter fencing, aircraft Ron lighting and Taxiway and service road striping.
AIRFIELD MARKING REHABILITATION - 2013 to 2013
Budget: $10M
Projects Consisted of Demolition of all airfield markings, survey all marking locations prior to
repainting new markings, repair of asphalt damaged during paint removals. Heavy coordination was
required for daily and nightly runway and taxiway closures.
TAXILANE S - 2010 to 2013
Budget: $ 100M
Project consisted of demolition of airline facilities and existing taxiway, construction of a 3700 ft
concrete taxiway, underground utilities, drainage systems, fuel systems, airfield lighting, signage,
public works improvements and hazardous material / contaminated soil abatement, code and FAA
regulation enforcement and coordination with other public utilities. Construction schedule monitored
very closely due to strict completion dates.
AIRFIELD - 2003 to 2010
Budget: $ 235M
Project consisted of Demolition/ Construction of multiple Taxiway Intersections, Underground drainage
systems, Fuel systems, Public works road realignment, Bridge construction, demo and construction of
multiple electrical vaults, relocation of existing utilities, Airfield signage and lighting, Asphalt and
Concrete paving.
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ONTARIO TWIN TERMINALS AND TAXIWAY E EXTENSION PROJECT - 2000 to 2003
Budget: $ 150M
Project consisted of Demolition / Construction of a 3500 ft concrete Taxiway, including airfield
signage and lighting, underground drainage systems, airfield striping and Asphalt and Concrete paving.
Landside activities included the construction of 2 new terminal buildings.
Terminal Fire Life Safety - 1990 to 2000 Budget:
$5m to $75M
Miscellaneous projects including: Terminal Fire Life Safety upgrade, Elevator / escalator upgrade,
Signage and Way finding upgrade and several Public Works Improvement Projects, road
construction, underground utilities, street lighting and sewer /storm drain systems.
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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 Anaheim
200 S. Anaheim Blvd
Anaheim, CA 92805
Joan Wu, Senior Engineer (714) 765-5157
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, Deputy City Engineer (310)377-0360
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