RPVCCA_CC_SR_2014_07_15_P_Award_Technical_Services_Agreement_Sunbeam_ConsultingCITY OF RANCHO PALOS VERDES
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
Project Manager:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
f,t MICHAEL THRONE, P.E., DIRECTOR OF PUBLIC WORKS 1»'
JULY 15, 2014
AWARD A TECHNICAL SERVICES AGREEMENT TO
SUNBEAM CONSUL TING, INC. FOR PUBLIC WORKS
INSPECTION SERVICES (In Support of 2014 City
Council Goal #5: Government Efficiency, Fiscal
Control and Transparency).
CAROLYN PETRU, ACTING CITY MANAGE ~
Nicole Jules, Deputy Public Works Director
RECOMMENDATIONS
1. Award a technical services agreement to Sunbeam Consulting Inc. for public
works inspection services on an as-needed basis in the amount not to exceed
$75,000 for FY14-15, $75,000 for FY15-16 and $75,000 for FY16-17;
2. Authorize the Mayor and City Clerk to execute the agreement.
BACKGROUND
The Public Works Department relies on contract personnel to provide public works
inspection services on an as needed basis. The City public works inspectors are
responsible for monitoring all construction work in the public right of way. This includes
Capital Improvement Program (CIP) projects, developer projects and multiple small
encroachment permit projects by residents and utility companies. Typically, this service
has been authorized through the use of the City's on-call contract.
Infrastructure improvements are on the rise with several SCE network upgrade projects
and the Palos Verdes Drive East Arterial Roads Rehabilitation project currently under
construction. With the Annual Sidewalk Repair program and the Residential Roads
resurfacing projects starting, it is projected that inspection services will be consistently
needed for proper oversight during the next three years to assist with current projects as
well as the projects programmed in the CIP.
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DISCUSSION
On April 1, 2014, staff circulated a Request for Proposals to four qualified firms for
providing public works inspection services on an as-needed basis for FY14-15, FY15-16
and FY16-17. Three proposals were received and judged to determine the most
qualified firm to provide the unique combination of staff, experience, expertise and
history with the City. Based on the criteria, staff determined Sunbeam Consulting Inc.
was the most qualified firm that has the proper expertise and understanding of the City's
inspection needs.
Sunbeam Consulting Inc. has been providing Public Works engineering, construction
management and .lrspection services over the past year. Staff is pleased at the level of
service provided by Sunbeam's staff and the "personal touch" that comes with serving
our community. The current public works inspector functions as an extension of staff
and delivers quality inspections to our residents, consultants, contractors and utility
companies.
Funding for Public Works Inspection Services is included in the Public Works
Administration program of the FY14-15 budget. Inspection services related to utility
encroachment permits, residential improvement projects and development projects are
paid for and will continue to be paid for by the permit applicant.
CONCLUSION
Adopting staff's recommendations will result in a professional service agreement issued
to Sunbeam Consulting, Inc. for public works inspection services in the amount of
$75,000 for FY14-15, $75,000 for FY15-16 and $75,000 for FY16-17.
ALTERNATIVE
The alternative recommendation is to reject Sunbeam Consulting lnc.'s proposal and re-
solicit for additional proposals for Public Works Inspection Services. This alternative
could take approximately two to three months to complete and may result in significant
impacts to current and proposed construction projects as well as inspection of
improvements and encroachments into the City's right of way.
FISCAL IMPACT
The recommended action will not require a budget adjustment in FY14-15. Funding for
Public Works Inspection is included in the Administration Program of the adopted
budget.
Attachment: Sunbeam Consulting, Inc. Technical Services Agreement
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CITY OF RANCHO PALOS VERDES
ON-CALL PROFESSIONAL/TECHNICAL SERVICES AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this 15th day of July, 2014, by
and between the City of Rancho Palos Verdes (hereinafter referred to as the "CITY") and
Sunbeam Consulting, Inc. (hereafter referred to as "CONSUL TANT").
IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto agree
as follows:
ARTICLE 1
SCOPE OF SERVICES
1 .1 Project Description
The Project is described as on-call services as follows:
Public Works Inspection Services for FY14-15, FY15-16 & FY16-17
1.2 Description of Services
CONSUL TANT shall provide as-needed public works inspection services for
work occurring in the public right of way as directed and as described in the CITY's
Request For Proposals, which is attached hereto as Exhibit "A" and incorporated herein by
this reference, and in CONSUL TANT's Proposal, which is attached hereto as Exhibit "B"
and incorporated herein by this reference. In the event of any conflict between the terms of
this Agreement and incorporated documents, the terms of this Agreement shall control. In
the event of any conflict between Exhibits "A" and "B," the terms of Exhibit "A" shall control.
1.3 Schedule of Work
Upon receipt of written Notice to Proceed from the CITY, CONSUL TANT
shall perform with due diligence the services requested by the CITY. Time is of the
essence in this Agreement. CONSUL TANT shall not be responsible for delay, nor shall
CONSUL TANT be responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish timely
information or to approve or disapprove CONSUL TANT's work promptly, or delay or faulty
performance by CITY, other consultants/contractors, or governmental agencies, or any
other delays beyond CONSUL TANT's control or without CONSUL TANT's fault.
2.1 Fee
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ARTICLE 2
COMPENSATION
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CITY agrees to compensate CONSUL TANT in accordance with
CONSUL TANT's Fee Schedule and 2014 Rate Sheet, which are included within Exhibit
"B," and shall meet or exceed prevailing wage rates, but shall not exceed a total amount of
fifty five thousand dollars ($75,000) for FY14-15, seventy five thousand dollars ($75,000)
for FY15-16, and seventy five thousand dollars ($75,000) for FY16-17 for services as
described in Article 1. The rates in Exhibit "B" shall be in effect through the end of the
Agreement.
2.2 Payment Address
All payments due CONSUL TANT shall be paid to:
Sunbeam Consulting, Inc .
4315 East 1st Street
Long Beach, CA 90803
2.3 Terms of Compensation
CONSUL TANT shall submit monthly invoices for the work completed in the
previous month. CITY agrees to authorize payment for all undisputed invoice amounts
within thirty (30) days of receipt of each invoice. CITY agrees to use its best efforts to
notify CONSUL TANT of any disputed invoice amounts within ten (10) days of the receipt of
each invoice. However, CITY's failure to timely notify CONSUL TANT of a disputed amount
shall not be deemed a waiver of CITY's right to challenge such amount.
Additionally, in the event CITY fails to pay any undisputed amounts due
CONSUL TANT within forty-five (45) days after invoices are received by CITY then CITY
agrees that CONSUL TANT shall have the right to consider said default a total breach of
this Agreement and be terminated by CONSUL TANT without liability to CONSUL TANT
upon ten (10) working days advance written notice.
2.4 Prevailing Wages
CITY and CONSUL TANT acknowledge that this project is a public work to
which prevailing wages apply. The Terms for Compliance with California Labor Law
Requirements is attached hereto as Exhibit "C" and incorporated herein by this reference.
2.5 Term of Agreement
This Agreement shall commence on July 16, 2014 and shall terminate on
June 30, 2017 unless sooner terminated pursuant to Article 4 of this Agreement.
Additionally, there shall be three (3) one-year options to renew the Agreement with the
mutual written consent of both parties.
ARTICLE 3
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INDEMNIFICATION AND INSURANCE
3.1 Indemnification
(a) Indemnity for Design Professional Services. In connection with any
design professional services and to the maximum extent permitted by law, CONSUL TANT
shall hold harmless and indemnify CITY, and its officials, officers, employees, agents and
independent contractors serving in the role of CITY officials, and designated volunteers
(collectively, "lndemnitees"), with respect to any and all claims, demands, causes of action,
damages, injuries, liabilities, losses, costs or expenses, including reimbursement of
attorneys' fees and costs of defense (collectively, "Claims" hereinafter), including but not
limited to Claims relating to death or injury to any person and injury to any property, which
arise out of, pertain to, or relate to in whole or in part to the negligence, recklessness, or
willful misconduct of CONSUL TANT or any of its officers, employees, subcontractors, or
agents in the performance of its design professional services under this Agreement.
(b) Other Indemnities. In connection with any and all claims, demands,
causes of action, damages, injuries, liabilities, losses, costs or expenses, including
attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered by
Section 3.1 (a), and to the maximum extent permitted by law, CONSUL TANT shall defend,
hold harmless and indemnify the lndemnitees with respect to any and all Damages,
including but not limited to, Damages relating to death or injury to any person and injury to
any property, which arise out of, pertain to, or relate to the acts or omissions of
CONSUL TANT or any of its officers, employees , subcontractors, or agents in the
performance of this Agreement, except for such loss or damage arising from the sole
negligence or willful misconduct of the CITY, as determined by final arbitration or court
decision or by the agreement of the parties. CONSUL TANT shall defend lndemnitees in
any action or actions filed in connection with any such Damages with counsel of CITY's
choice, and shall pay all costs and expenses, including all attorneys' fees and experts'
costs actually incurred in connection with such defense. Consultant's duty to defend
pursuant to this Section 3.1 (b) shall apply independent of any prior, concurrent or
subsequent misconduct, negligent acts, errors or omissions of lndemnitees.
(c) All duties of CONSUL TANT under this Section 3.1 shall survive
termination of this Agreement.
3.2 General Liability
CONSUL TANT shall at all times during the term of the Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Commercial General
Liability Insurance, with minimum limits of one million dollars ($1 ,000,000) for each
occurrence and two million dollars ($2,000,000) general aggregate for bodily injury, death,
loss or property damage for products or completed operations and any and all other
activities undertaken by CONSUL TANT in the performance of this Agreement. Said policy
or policies shall be issued by an insurer admitted or authorized to do business in the State
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of California and rated in A.M. Best's Insurance Guide with a rating of A:VII or better.
3.3 Professional Liability
CONSUL TANT shall at all times during the term of this Agreement, carry,
maintain, and keep in full force and effect a policy or policies of professional liability
insurance with a minimum limit of one million dollars ($1,000 ,000) per claim and aggregate
for errors and/or omissions of CONSUL TANT in the performance of this Agreement. Said
policy or policies shall be issued by an insurer admitted or authorized to do business in the
State of California and rated in Best's Insurance Guide with a rating of A:VII or better. If a
"claims made" policy is provided, such policy shall be maintained in effect from the date of
performance of work or services on the CITY's behalf until three (3) years after the date of
work or services are accepted as completed. Coverage forthe post-completion period may
be provided by renewal or replacement of the policy for each of the three (3) years or by a
three-year extended reporting period endorsement, which reinstates all limits for the
extended reporting period. If any such policy and/or policies have a retroactive date , that
date shall be no later than the date of first performance of work or services on behalf of the
CITY. Renewal or replacement policies shall not allow for any advancement of such
retroactive date.
3.4 Automobile Liability
CONSUL TANT shall at all times during the term of this Agreement obtain,
maintain, and keep in full force and effect, a policy or policies of Automobile Liability
Insurance, with minimum of one million dollars ($1,000,000) per claim and occurrence and
two million dollars ($2,000,000) in the aggregate for bodily injuries or death of one person
and five hundred thousand dollars ($500,000) for property damage arising from one
incident. Said policy or policies shall be issued by an insurer admitted or authorized to do
business in the State of California and rated in A.M . Best's Insurance Guide with a rating of
A:VI I or better.
3.5 Worker's Compensation
CONSUL TANT agrees to maintain in force at all times during the
performance of work under this Agreement worker's compensation insurance as required
by law. CONSUL TANT shall require any subcontractor similarly to provide such
compensation insurance for their respective employees.
3.6 Notice of Cancellation
(a) All insurance policies shall provide that the insurance coverage shall
not be cancelled or modified by the insurance carrier without thirty (30) days prior written
notice to CITY , or ten (10) days notice if cancellation is due to nonpayment of premium.
Additionally, CONSUL TANT shall provide immediate notice to the City if it receives a
cancellation or policy revision notice from the insurer.
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(b) CONSULTANT agrees that it will not cancel or reduce any required
insurance coverage. CONSUL TANT agrees that if it does not keep the aforesaid
insurance in full force and effect, CITY may either immediately terminate this Agreement
or, if insurance is available at a reasonable cost, CITY may take out the necessary
insurance and pay , at CONSUL TANT's expense, the premium thereon.
3.7 Entire Policy and Certificate of Insurance
At all times during the term of this Agreement, CONSUL TANT shall maintain
on file with the CITY Clerk both a copy of the entire policy and a certificate of insurance
showing that the aforesaid policies are in effect in the required amounts. The commercial
general liability policy shall contain endorsements naming the CITY, its officers, agents and
employees as additional insureds.
3.8 Primary Coverage
The insurance provided by CONSUL TANT shall be primary to any coverage
available to CITY. The insurance policies (other than workers compensation and
professional liability) shall include provisions for waiver of subrogation.
ARTICLE 4
TERMINATION
4.1 Termination of Agreement
(a) This Agreement may be terminated at any time, with or without cause,
by the CITY upon thirty (30) days prior written notice or by CONSUL TANT upon ninety (90)
days prior written notice . Notice shall be deemed served if completed in compliance with
Section 6.15.
(b) In the event of termination or cancellation of this Agreement by
CONSULTANT or CITY, due to no fault or failure of performance by CONSULTANT,
CONSUL TANT shall be paid compensation for all services performed by CONSUL TANT,
in an amount to be determined as follows: for work satisfactorily done in accordance with
all of the terms and provisions of this Agreement as determined by the CITY,
CONSUL TANT shall be paid an amount equal to the percentage of services performed
prior to the effective date of termination or cancellation in accordance with the work items;
provided, in no event shall the amount of money paid under the foregoing provisions of this
paragraph exceed the amount which would have been paid to CONSUL TANT for the full
performance of the services described in this Agreement.
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ARTICLE 5
OWNERSHIP OF DOCUMENTS
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5.1 Ownership of Documents and Work Product
All final documents, plans, specifications, reports, information , data, exhibits,
photographs, images, video files and media created or developed by CONSULTANT
pursuant to this Agreement ("Written Products") shall be and remain the property of the
CITY without restriction or limitation upon its use, duplication or dissemination by the CITY.
All Written Products shall be considered "works made for hire," and all Written Products
and any and all intellectual property rights arising from their creation , including, but not
limited to, all copyrights and other proprietary rights, shall be and remain the property of the
CITY without restriction or limitation upon their use, duplication or dissemination by the
CITY. CONSUL TANT shall not obtain or attempt to obtain copyright protection as to any
Written Products.
CONSUL TANT hereby assigns to the CITY all ownership and any and all
intellectual property rights to the Written Products that are not otherwise vested in the CITY
pursuant to the paragraph directly above this one.
CONSUL TANT warrants and represents that it has secured all necessary
licenses, consents or approvals to use any instrumentality, thing or component as to which
any intellectual property right exists, including computer software, used in the rendering of
the services and the production of all Written Products produced under this Agreement,
and that the CITY has full legal title to and the right to reproduce the Written Products.
CONSULTANT shall defend, indemnify and hold the CITY, and its elected officials, officers,
employees , servants, attorneys, designated volunteers, and agents serving as independent
contractors in the role of CITY officials, harmless from any loss, claim or liability in any way
related to a claim that CITY's use of any of the Written Products is violating federal, state
or local laws, or any contractual provisions, or any laws relating to trade names, licenses ,
franchises, copyrights, patents or other means of protecting intellectual property rights
and/or interests in products or inventions. CONSUL TANT shall bear all costs arising from
the use of patented, copyrighted, trade secret or trademarked documents, materials,
equipment, devices or processes in connection with its provision of the services and
Written Products produced under this Agreement. In the event the use of any of the
Written Products or other deliverables hereunder by the CITY is held to constitute an
infringement and the use of any of the same is enjoined, CONSUL TANT, at its expense,
shall : (a) secure for CITY the right to continue using the Written Products and other
deliverables by suspension of any injunction, or by procuring a license or licenses for CITY;
or (b) modify the Written Products and other deliverables so that they become non-
infringing while remaining in compliance with the requirements of this Agreement. This
covenant shall survive the termination of this Agreement.
Upon termination, abandonment or suspension of the Project, the
CONSUL TANT shall deliver to the CITY all Written Products and other deliverables related
to the Project without additional cost or expense to the CITY. If CONSUL TANT prepares a
document on a computer, CONSUL TANT shall provide CITY with said document both in a
printed format and in an electronic format that is acceptable to the CITY.
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6.1 Representation
ARTICLE 6
GENERAL PROVISIONS
The CITY representative shall be the Director of Public Works or his or her
designee, and CONSULTANT shall notify CITY of CONSULTANT's designated
representative. These individuals shall be the primary contact persons for the parties
regarding performance of this Agreement.
6.2 Fair Employment Practices/Equal Opportunity Acts
In the performance of this Agreement, CONSUL TANT shall comply with all
applicable provisions of the California Fair Employment Practices Act (California
Government Code §§ 12940-48), the applicable equal employment provisions of the Civil
Rights Act of 1964 (42 U.S .C. § 200e-217), and the Americans with Disabilities Act of 1990
(42 U.S .C. § 11200, et seq.).
6.3. Audit
The CITY or its representative shall have the option of inspecting, auditing, or
inspecting and auditing all records and other written materials used by CONSUL TANT in
preparing its billings to the CITY as a condition precedent to any payment to
CONSULTANT. CONSULTANT will promptly furnish documents requested by the CITY .
Additionally, CONSUL TANT shall be subject to State Auditor examination and audit at the
request of the CITY or as part of any audit of the CITY, for a period of three (3) years after
final payment under this Agreement.
6.4 Personnel
CONSUL TANT represents that it has, or shall secure at its own expense, all
personnel required to perform CONSUL TANT's services under this Agreement. Any
person who performs engineering services pursuant to this Agreement shall be licensed as
a Civil Engineer by the State of California and in good standing . CONSUL TANT shall
make reasonable efforts to maintain the continuity of CONSUL TANT's staff who are
assigned to perform the services hereunder and shall obtain the approval of the Director of
Public Works of all proposed staff members who will perform such services .
CONSUL TANT may associate with or employ associates or subcontractors in the
performance of its services under this Agreement, but at all times shall CONSUL TANT be
responsible for its associates or subcontractors' services.
6.5 CONSULTANT's Representations
CONSUL TANT represents, covenants and agrees that: a) CONSUL TANT is
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licensed, qualified, and capable offurnishing the labor, materials, and expertise necessary
to perform the services in accordance with the terms and conditions set forth in this
Agreement; b) there are no obligations, commitments, or impediments of any kind that will
limit or prevent CONSUL TANT's full performance under this Agreement; c) to the extent
required by the standard of practice , CONSULT ANT has investigated and considered the
scope of services performed, has carefully considered how the services should be
performed, and understands the facilities, difficulties and restrictions attending
performance of the services under this Agreement.
6.6 Conflicts of Interest
CONSUL TANT agrees not to accept any employment or representation
during the term of this Agreement or within twelve (12) months after completion of the work
under this Agreement which is or may likely make CONSULTANT "financially interested"
(as provided in California Government Code Sections 1090 and 87100) in any decisions
made by CITY on any matter in connection with which CONSULTANT has been retained
pursuant to this Agreement.
6. 7 Legal Action
(a) Should either party to this Agreement bring legal action against the
other, the validity, interpretation, and performance of this Agreement shall be controlled by
and construed under the laws of the State of California , excluding California's choice of law
rules. Venue for any such action relating to this Agreement shall be in the Los Angeles
County Superior Court.
(b) If any legal action or other proceeding, including action for declaratory
relief, is brought for the enforcement of this Agreement or because of an alleged dispute,
breach, default or misrepresentation in connection with this Agreement , the prevailing party
shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in
addition to any other relief to which the party may be entitled.
(c) Should any legal action about a project between CITY and a party
other than CONSULTANT require the testimony of CONSULTANT when there is no
allegation that CONSUL TANT was negligent, CITY shall compensate CONSUL TANT for its
testimony and preparation to testify at the hourly rates in effect at the time of such
testimony.
6.8 Assignment
Neither this Agreement nor any part thereof shall be assigned by
CONSUL TANT without the prior written consent of the CITY. Any such purported
assignment without written consent shall be null and void , and CONSUL TANT shall hold
harmless, defend and indemnify the CITY and its officers, officials, employees, agents and
representatives with respect to any claim, demand or action arising from any unauthorized
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assignment.
Notwithstanding the above, CONSUL TANT may use the services of persons
and entities not in CONSUL TANT's direct employ, when it is appropriate and customary to
do so. Such persons and entities include, but are not necessarily limited to, surveyors,
specialized consultants, and testing laboratories. CONSUL TANT's use of subcontractors
for additional services shall not be unreasonably restricted by the CITY provided
CONSUL TANT notifies the CITY in advance .
6.9 Independent Contractor
CONSUL TANT is and shall at all times remain, as to the CITY, a wholly
independent contractor. Neither the CITY nor any of its agents shall have control over the
conduct of CONSUL TANT or any of the CONSUL TANT's employees, except as herein set
forth, and CONSUL TANT is free to dispose of all portions of its time and activities which it
is not obligated to devote to the CITY in such a manner and to such persons, firms, or
corporations as the CONSUL TANT wishes except as expressly provided in this Agreement.
CONSUL TANT shall have no power to incur any debt, obligation, or liability on behalf of the
CITY or otherwise act on behalf of the CITY as an agent. CONSUL TANT shall not, at any
time or in any manner, represent that it or any of its agents, servants or employees, are in
any manner agents, servants or employees of CITY. CONSUL TANT agrees to pay all
required taxes on amounts paid to CONSUL TANT under this Agreement, and to indemnify
and hold the CITY harmless from any and all taxes, assessments, penalties, and interest
asserted against the CITY by reason of the independent contractor relationship created by
this Agreement. CONSUL TANT shall fully comply with the workers' compensation law
regarding CONSUL TANT and its employees . CONSUL TANT further agrees to indemnify
and hold the CITY harmless from any failure of CONSUL TANT to comply with applicable
workers' compensation laws. The CITY shall have the right to offset against the amount of
any fees due to CONSUL TANT under this Agreement any amount due to the CITY from
CONSUL TANT as a result of its failure to promptly pay to the CITY any reimbursement or
indemnification arising under this Article.
6.10 Titles
The titles used in this Agreement are for general reference only and are not
part of the Agreement.
6.11 Entire Agreement
This Agreement, including any other documents incorporated herein by
specific reference, represents the entire and integrated agreement between CITY and
CONSUL TANT and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be modified or amended, or provisions or
breach may be waived, only by subsequent written agreement signed by both parties.
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6.12 Construction
In the event of any asserted ambiguity in, or dispute regarding the
interpretation of any matter herein, the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
6.13 Non-Waiver of Terms, Rights and Remedies
Waiver by either party of any one or more of the conditions of performance under
this Agreement shall not be a waiver of any other condition of performance under this
Agreement. In no event shall the making by the CITY of any payment to CONSUL TANT
constitute or be construed as a waiver by the CITY of any breach of covenant, or any
default which may then exist on the part of CONSUL TANT, and the making of any such
payment by the CITY shall in no way impair or prejudice any right or remedy available to
the CITY with regard to such breach or default.
6.14 Severability
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
6.15 Notice
Except as otherwise required by law, any payment, notice or other communication
authorized or required by this Agreement shall be in writing and shall be deemed received
on (a) the day of delivery if delivered by hand or overnight courier service during
CONSUL TANT's or CITY's regular business hours or (b) on the third business day
following deposit in the United States mail, postage prepaid, to the addresses listed below,
or at such other address as one party may notify the other:
To CITY:
Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
To CONSUL TANT:
Jonathan Stephan, President
Sunbeam Consulting
4315 East 1st Street
Long Beach, CA 90803
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date and year first above written.
Dated: ------------
Dated : ------------
ATTEST:
By: ____________ ~
City Clerk
Sunbeam Consulting, Inc .
("CONSULTANT")
By: ____________ ~
Printed Name:
--------~
Title :
------------~
By: ____________ ~
Printed Name:
--------~
Title :
------------~
CITY OF RANCHO PALOS VERDES
("CITY")
By: ____________ ~
Mayor
APPROVED AS TO FORM:
City Attorney
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Exhibit "A":
CITY's Request For Proposals
Exhibit "A"
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CITY OF RANCHO PALOS VERDES
INTRODUCTION
~JUBUC WOl~l<S DEIJARTMENT
March 23, 2014
Request for Proposals
For
Public Works Inspection Services
The City of Rancho Palos Verdes (RPV), Public Works Department is responsible for
maintaining and improving the City's public right of way.
The City of RPV is requesting proposals from qualified individuals, engineering, or
construction management firms to provide as-needed professional inspection services
for the Public Works Department.
SCOPE OF WORK
The City of RPV intends to select one firm through this RFQ process. The consultant
will be required to have available personnel who have been successful in the
professional services and activities of public works inspection. The consultant selected
shall provide inspection service with personnel trained and experienced in the
inspection of public works improvements. The minimum experience
required includes five years of experience in the inspection of increasingly complex
public works projects. The consultants selected must also provide all equipment
and supplies necessary to perform the services assigned and support services
necessary to complete the scope of work. This could include the proper vehicle to
store and transport field measuring devices needed to effectively perform the work.
lt is expected that the consultants selected to fulfill this contract will be able to provide
qualified personnel from time to time as may be requested by the City. Assignments will
be made by the City based on the selected firms' workload and availability of qualified
personnel most experienced for the tasks at hand. Assignments could range from few
days to months and depend on the City's workload. When and as directed by the City,
the consultants shall perform public works inspection services for public works projects
to include, but not be limited to, the following:
Office Activities:
1. Familiarization and review of contract documents.
2. Review soils reports, testing lab reports and other like documentation .
:10(")<1(1 ! i.1,WJHOR~il:. llOLll t;v;>,J<l) / [.(A.NUIO H\l.OS VERrn:s, Ci\ 9027()-5391/1310) 54~ -5252 /11\X (310) 544-5202 f\>\IWWl'f1LOSVl'RDCSCOM/l<f'V
[)l<JN I f:D ON J.([CYCl .W [Jf\l'rn
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3. Review project schedule submittals (compliance certificates, shop drawings,
etc.) from the contractor for compliance to the plans and specifications.
4. Participate in pre-bid conferences, pre-construction meetings, field meetings,
construction progress meetings, acceptance of work, final walk-through
meetings, as-built plan completion meetings, and other administrative meetings
as necessary.
Field Activities:
1. Conduct daily field public works inspections pursuant to all City codes,
ordinances and directives.
2. Conduct field inspections for quality installation in conformance to design
drawings.
3. Negotiate with the contractor on the job site as needed.
4. Monitor on-site labor force compliance of public works construction.
5. Conduct on-site employee interviews and site inspections for compliance with
prevailing wage/Davis-Bacon-regulated projects.
6. Inspect periodically for warranty and guarantee deficiencies.
7. Monitor Storm Water Pollution Prevention Plans (SWPPP) and Best
Management Practices (BMPs).
8. Participate in the preparation of Notices of Completion and Acceptance
pursuant to public works projects and Certificates of Completion pursuant to
Agency contracts and agreements.
9. Coordinate with materials laboratory staff for material and compaction testing,
as required.including sampling and review of test results.
10. Coordinate on-going construction surveys and staking, as required.
General:
1. Prepare daily inspection reports that document all activities on the jobsite
including labor and equipment used each day.
2. Monitor Federal-and/or State-funded projects to review certified payrolls,
conduct on-site interviews and perform job site monitoring determining
compliance with Davis-Bacon and/or prevailing wage requirements and reporting,
as necessary, to the Contracts Administrator.
SUBMITTAL SCHEDULE
The solicitation, receipt, and evaluation of submittals, and the selection of the provider
of consultant services will conform to the following schedule:
(Note: Dates are subject to change.)
P-16
Distribution/Advertisement March 16, 2014
Submittal of Qualifications April 1, 2014 by 5:30 p.m .
Council Approval Tuesday, July 15, 2014
Notice to Proceed Tuesday, July 22, 2014
One original and (2) copies of the submittal shall be delivered no later than 5:30 p.m. on
the Submittal of Qualifications date listed above to:
Ms. Nicole Jules, P.E.
City of Rancho Palos Verdes
Department of Public Works
310-544-5275
nicolej@rpv.com
Copies received by FAX shall not be deemed received .
SUBMITTAL EVALUATION CRITERIA
Submittals received will be evaluated according to the criteria listed below:
• Organization, presentation, and content of the submittal;
• Specialized experience and technical competence of the consultant; record of
performance; and the strength of the key personnel who will be dedicated to this
contract;
• Proposed methods and overall strategic plan to provide the inspection seNices
in a timely and competent manner;
• Knowledge and understanding of the City;
·Ability to meet the insurance requirements as stated in the Terms and
Conditions of the RFQ
TERMS AND CONDITIONS
Issuance of this RFQ does not commit the City of RPV to award a contract, to pay any
costs incurred in the preparation of a response to this request, or to procure a contract
for services. All respondents should note that the execution of any contract pursuant to
this RFQ is dependent upon the approval of the Rancho Palos Verdes City Council.
The term of the contract(s) if awarded, is estimated to be three years, with three one
year options to extend. The City retains the right to reject all submittals.
A sample contract is attached hereto as Attachment 1. Each submittal shall be valid for
not less than ninety (90) days from the date of receipt.
P-17
Exhibit "B'':
CONSUL TANT's Proposal, including the Standard Hourly Rate Schedule
Exhibit "B"
R6876-0001\1727561 v2 .doc Agreement for On-Call Professionalffechnical Services
P-18
C C> N S tJ L T I N G
May 7, 2014
City of Rancho Palos Verdes
Department of Public Works
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
Attention: Nicole Jules
Assistant Director of Public Works
RE: Proposal for Public Works Inspection Services
Dear Ms. Jules:
43 15 E I" Street
Long Beach CA 9080 3
t: 310.525.0678
Sunbeam Consulting is pleased to offer Public Works Inspector services to the City of Rancho Palos
Verdes. Our proposed Inspector, Jim Pugh, has provided many years of service to the City of
Rancho Palos Verdes, and he will be able to continue his work with the City through this
assignment. Sunbeam has additional engineering and public works professionals who can assist the
City in any other technical capacities if needed. We appreciate the consideration and opportunity
of providing these services to Rancho Palos Verdes.
The principals of Sunbeam Consulting have decades of experience in program management, project
management, construction management, engineering design, and inspection of Capital
Improvement projects. We are able to assist the City in the required capacity, and draw upon
additional resources if needed during the course of the assignment.
Should you have questions, please contact me at 310.525.0678. We are aware of the standard City
Agreement and have no reservations.
Sincerely,
Jonathan Stephan
President
Sunbeam Solar Technologies, dba
Sunbeam Consulting
jon@sunbeamtech.net
310.525.0679
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City of Rancho Palos Verdes Public Works Inspector Services
Background
The City of Rancho Palos Verdes utilizes technical consultants to augment their own staff on an as-
needed basis for inspection of the City's Public Works and Permit projects. Staff augmentation allows
the City to utilize temporary specialist engineering and technical personnel, without the obligation of
providing long-term employment or benefits, when such services may be needed. It also allows
consultants to provide personnel to fill in during employee absences, such as during vacations, or
during weekend or night-time construction activities.
The professionals at Sunbeam Consulting have been providing regular staff assistance to local cities for
the past 15 years. They have provided short term technical personnel for specific tasks, such as fill-in
construction inspection, construction management, material testing, surveying, or other specialty
personnel, as well as for longer term as-needed assignments.
Our experience includes pavement rehabilitation programs; Americans with Disabilities Act
implementation; curb, gutter, and sidewalk repairs; arterial highway rehabilitation; water and storm
drain repair and improvement projects; utility construction; emergency project assistance; parks
improvements; and miscellaneous projects and studies. We have assisted in obtaining and
implementing funding from state and federal Safe Routes to School, Community Development Block
Grant, State Transportation Improvement Program, and Highway Safety Improvement Programs.
Scope of Work
Sunbeam Consulting will provide as-needed professional personnel to provide Public Works
Inspection services to the City of Rancho Palos Verdes. Tasks may include field inspections; utility
coordination; contractor interfacing; verification of change orders, requests for clarification, and
requests for information; minor administration assignments; written, photo and video
documentation; public relations; verification of construction quantities; planning assistance for
future projects; and coordination with City staff. Some night, weekend, and overtime work
assignments may be required.
Contact Information
Chuck Stephan, P.E. will be the Management Contact and Project Manager for this contract.
Sunbeam Technologies, Inc. dba Sunbeam Consulting
4315 E 1st Street
Long Beach CA 90803
Cell 310.525.0678
Email: chuck@sunbeamtech.net
P-20
City of Rancho Palos Verdes Public Works Inspector Services
C 0 N S U L T I N G
Sunbeam Consulting, a dba of Sunbeam Technologies, Inc., provides civil engineering, capital
improvement project management, construction management and inspection services to public
agencies and private sectors in addition to our founding Energy related services. Sunbeam
Technologies, Inc. was established in 2008 to provide engineering technology design,
management, and contracting services to public agencies, business, and private clients.
Sunbeam's senior management offers decades of experience on public infrastructure and
building projects with Southern California agencies. Sunbeam Consulting has a staff of three
principals with a combined experience of over 80 years in construction and engineering.
Our scope of services include :
• Civil Engineering
• Project Management
• Public Works inspection
• Construction Management & Observation
• Staff Assistance
• NPDES Program Implementation
• ADA Assessment & improvements
• Plan Checking
• Highway & Infrastructure Design
• Storm Drainage & Design
• Signing and Striping Plans
• Parking Design & Analysis
3
P-21
City of Rancho Palos Verdes Public Works Inspector Services
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 I micro surface
Inspect City wide ARAM (Asphalt Rubberized Aggregate
Membrane)
Inspect new storm drain and sewer pipeline installations
and outfall structures
Inspect large diameter steel mortar lined and coated
water pipe
Inspect CIPP (cured in place pipe) and fold and form pipe
from 611 to 30 11 on Sewer and storm drain pipelines.
View and approve pre-lining video and assess point
Year Entered Profession
1989
Professional Affiliations
American Water Works
Association (A WWA)
The National Utility Contractors
Association (NUCA)
California Emergency Response
Technologies, Inc
Slurry seal association
Chip Seal association
repairs. View post video to assure quality and to approve job quantities.
Inspect gabion baskets and barrier walls
•
Inspect slope improvement and stabilization projects
Communicate and work with surrounding Utilities, local agencies and Contractors to insure
compliance with City Standards.
Update job specifications and standard detail requirements.
Communicate with City staff on a daily basis, summarize all work performed daily
Prepare job status reports, agendas, approve unit prices from contractors, issue non-
compliance and correction notices.
Measure and approve job quantities and pay estimates
Create pavement management and striping data bases and evaluate inventory
Prepare material submittals and transmittals.
Prepare cost proposals
Attend progress meetings with engineers and contractors
Principals of hot mix asphalt• Asphalt Institute
Utility Inspection Course• Ventura County• 2007
Traffic Control• San Diego, Ca • 2005
Competent Person Training/Trench Shoring • 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
4
P-22
City of Rancho Palos Verdes Public Works Inspector Services
Fee Schedule
Sunbeam Consulting proposes Jim Pugh as Public Works Inspector for this assignment .
Sunbeam's proposed fee is inclusive of all equipment, materials, licenses and training necessary
to perform the duties of the project assignment, including a vehicle, mobile phone, camera,
computer, applications, internet service, printer, and basic field, safety and surveying equipment.
Sunbeam proposes Mr. Pugh at an inclusive rate of $105/hour for the period specified. We will
conform with State and Federal Prevailing Wage Rate requirements for our Construction
Inspector services.
Additional technical staff, including construction inspection, construction management, and CAD
drafting can be provided as needed. Additional subconsultant services, including surveying and
geotechnical engineering, can be provided at cost with a 15% markup for overhead expenses.
5
P-23
C 0 N S lJ L. T l N ~
4315 E 1" Street
Long Beach, California 90803
www .sunbeam1ech.n et.
..... i. }·,; .... ' ............ _ -... :::. :·; ~'::....> . "i ~\' .~ j ·~' .•. l •• : ·~ •· .~:· ·1..(0IHl~#•~l!l.._«1~1:::11=-• ~ .. ::.·~ ! ·-
Hourly Rate
Principal-In-Charge $ 180.00
Senior Engineer $ 180 .00
Project Manager $ 150 .00
Construction Manager $ 150.00
Resident Engineer $ 180.00
Project Engineer $ 130.00
Design Engineer $ 120.00
Associate Engineer $ 120.00
Project Controls $ 100.00
Sr . Construction Observer $ 105.00
Construction Observer $ 95 .00
CAD Technician $ 80.00
Technician $ 80 .00
Administrative & Clerical Support $ 75.00
Note: Rates for Construction Observer include California Prevailing Wage Rates for Inspectors
Project Management • Construction Management " Civil Engineering Design
P-24
Exhibit "C":
Terms for Compliance with California's Labor Law Requirements
1. CONSUL TANT acknowledges that the project as defined in this Agreement
between Contractor and the CITY, to which this Terms for Compliance with California
Labor Law Requirements is attached and incorporated by reference, is a "public work" as
defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California
Labor Code ("Chapter 1"). Further, CONSULTANT acknowledges that this Agreement is
subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the
rules and regulations established by the Director of Industrial Relations ("DIR")
implementing such statutes. CONSUL TANT shall perform all work on the project as a
public work. CONSUL TANT shall comply with and be bound by all the terms, rules and
regulations described in 1 (a) and 1 (b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in
certain contracts. The inclusion of such specific provisions below, whether or not required
by California law, does not alter the meaning or scope of Section 1 above.
3. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per
diem wages for each craft, classification, or type of worker needed to perform the
Agreement are on file at City Hall and will be made available to any interested party on
request. CONSUL TANT acknowledges receipt of a copy of the DIR determination of such
prevailing rate of per diem wages, and CONSUL TANT shall post such rates at each job
site covered by this Agreement.
4. CONSUL TANT shall comply with and be bound by the provisions of Labor
Code Sections 177 4 and 1775 concerning the payment of prevailing rates of wages to
workers and the penalties for failure to pay prevailing wages. CONSUL TANT shall, as a
penalty to the CITY, forfeit two hundred dollars ($200) for each calendar day, or portion
thereof, for each worker paid less than the prevailing rates as determined by the DIR for
the work or craft in which the worker is employed for any public work done pursuant to this
Agreement by CONSUL TANT or by any subcontractor.
5. CONSUL TANT shall comply with and be bound by the provisions of Labor
Code Section 1776, which requires CONSUL TANT and each subcontractor to: keep
accurate payroll records and verify such records in writing under penalty of perjury, as
specified in Section 1776; certify and make such payroll records available for inspection as
provided by Section 1776; and inform the CITY of the location of the records.
6. CONSUL TANT shall comply with and be bound by the provisions of Labor
Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8,
section 200 et seq. concerning the employment of apprentices on public works projects.
CONSUL TANT shall be responsible for compliance with these aforementioned Sections for
all apprenticeable occupations. Prior to commencing work under this Agreement,
CONSUL TANT shall provide CITY with a copy of the information submitted to any
Exhibit "C"
R6876-0001\1727561 v2.doc Agreement for On-Call Professionalffechnical Services
P-25
applicable apprenticeship program. Within sixty (60) days after concluding work pursuant
to this Agreement, CONSUL TANT and each of its subcontractors shall submit to the CITY
a verified statement of the journeyman and apprentice hours performed under this
Agreement.
7. CONSUL TANT acknowledges that eight (8) hours labor constitutes a legal
day's work. CONSUL TANT shall comply with and be bound by Labor Code Section 1810.
CONSUL TANT shall comply with and be bound by the provisions of Labor Code Section
1813 concerning penalties for workers who work excess hours. CONSUL TANT shall, as a
penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the
performance of this Agreement by CONSUL TANT or by any subcontractor for each
calendar day during which such worker is required or permitted to work more than eight (8)
hours in any one (1) calendar day and forty (40) hours in any one calendar week in
violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of CONSUL TANT in
excess of 8 hours per day, and 40 hours during any one week shall be permitted upon
public work upon compensation for all hours worked in excess of 8 hours per day at not
less than 1/2 times the basic rate of pay.
8. California Labor Code Sections 1860 and 3700 provide that every employer
will be required to secure the payment of compensation to its employees. In accordance
with the provisions of California Labor Code Section 1861, CONSUL TANT hereby certifies
as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract."
9. For every subcontractor who will perform work on the project, CONSULTANT
shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code
Sections 1860 and 3700, and CONSUL TANT shall include in the written contract between
it and each subcontractor a copy of those statutory provisions and a requirement that each
subcontractor shall comply with those statutory provisions. CONSUL TANT shall be
required to take all actions necessary to enforce such contractual provisions and ensure
subcontractor's compliance, including without limitation, conducting a periodic review of the
certified payroll records of the subcontractor and upon becoming aware of the failure of the
subcontractor to pay his or her workers the specified prevailing rate of wages.
CONSUL TANT shall diligently take corrective action to halt or rectify any failure.
10. To the maximum extent permitted by law, CONSULTANT shall indemnify,
hold harmless and defend (at CONSUL TANT's expense with counsel reasonably
acceptable to the CITY)· the CITY, its officials, officers, employees, agents and
independent contractors serving in the role of CITY officials, and volunteers from and
against any demand or claim for damages, compensation, fines, penalties or other
amounts arising out of or incidental to any acts or omissions listed above by any person or
Exhibit "C"
R6876-0001 \1727561 v2.doc Agreement for On-Call Professionalffechnical Services
P-26
entity (including CONSUL TANT, its subcontractors, and each of their officials, officers,
employees and agents) in connection with any work undertaken or in connection with the
Agreement, including without limitation the payment of all consequential damages,
attorneys' fees, and other related costs and expenses. All duties of CONSUL TANT under
this Section shall survive termination of the Agreement.
Exhibit "C"
R6876-0001\1727561 v2.doc Agreement for On-Call Professionalffechnical Services
P-27