CC SR 20180501 G - School FlaggingRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 05/01/2018
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to approve additional appropriation for school
flagging operations
RECOMMENDED COUNCIL ACTION:
(1) Authorize the Mayor to execute the attached Amendment #1 to professional
services agreement with Sunbeam Solar Technologies, DBA Sunbeam
Consulting, to include the school flagging operations for the 2018 and 2019
summer schools.
(2) Approve an additional budget appropriation in the amount of $15,694 for FY17-
18 and $16,478.70 for FY18-19 to cover the needed 2018 and 2019 summer
school flagging costs, including $3,000 for contingency in FY18-19.
FISCAL IMPACT: Flagging services for the summer months costs approximately
$15,694 and $16,478.70 for 2018 and 2019 summer schools for a total of $32,172.70,
plus a contingency of $3,000. For FY 18-19 summer school costs is part of the
proposed budget.
Amount Budgeted: $150,000
Additional Appropriation: 0
Account Number(s): 101-400-3120-5101
ORIGINATED BY: Lauren Ramezani, Senior Administrative Analyst
REVIEWED BY: Elias Sassoon, PE, Director of Public Works
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Amendment #1 to 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)
C. Request for Flagging Services from the Peninsula Enrichment Program
(page C-1)
BACKGROUND AND DISCUSSION:
This Amendment extends the previously City Council approved school flagging services
agreement in the Miraleste Intermediate School (MIS) area to include summer schools.
On February 6, 2018, City Council approved a professional school flagging services
agreement in the MIS area with Sunbeam Solar Technologies, DBA Sunbeam
Consulting (Sunbeam) starting January 2018 to the end of the 2019 school year.
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The Sunbeam agreement was for services during the school year only and did not
include funding for the summer school period. Shortly after, Staff was contacted by the
Peninsula Enrichment Program (PEP) regarding the need for flaggers during the 4-
weeks of summer school (Attachment C). PEP has conducted summer school
programs on each of the intermediate school campuses of Palos Verdes Peninsula
Unified School District for over twenty years.
Flagging services during the school year, including summer school, were historically
provided by the Los Angeles County Sheriff’s Department until the end 2016 summer
school, when those services were stopped after it was determined that such services
were outside their scope of duties. The flagging services were not provided during the
2017 summer school. PEP representatives informed Staff that the absence of school
flaggers during the 2017 summer school led to a high degree of traffic congestion, and
irate parents and community commuters due to the chaotic conditions that resulted from
no traffic supervision at two key intersections: 1) Palos Verdes Dr. E. and Via Colonita,
and 2) Palos Verdes Dr. E. and Miraleste Dr. These intersections have no traffic
signals.
The proposed flagging costs for the 4-weeks of summer schools is $15,694 for 2018
and $16,478.70 for 2019, for a total amount of $32,172.70, plus a contingency of
$3,000. Staff is requesting additional appropriation of $35,173.
The attached Amendment #1 to Sunbeam’s agreement (Attachment A) has been
prepared and reviewed by the City Attorney’s office.
ALTERNATIVE S:
In addition to the Staff recommendations, the following alternative actions are available
for the City Council’s consideration:
1. Do not provide summer school flagging services.
2. Take other action as deemed appropriate by the City Council.
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AMENDMENT NO. 1
TO AGREEMENT FOR CONTRACTUAL SERVICES
This AMENDMENT NO. 1 (“Amendment No. 1”) to that certain “AGREEMENT FOR
CONTRACT SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND
SUNBEAM CONSULTING” (“Agreement”) is effective as of the ____ day of ________________,
2018.
RECITALS
A. City and SUNBEAM SOLAR TECHNOLOGIES, dba SUNBEAM CONSULTING,
a California corporation (“Contractor”), entered into the Agreement, dated February 6, 2018,
whereby Contractor agreed to provide Professional School Flagging Services.
B. City and Contractor now desire to amend the Agreement to expand the scope of
services, extend the term of the Agreement, and increase the Contract Sum.
TERMS
1. Contract Changes. The Agreement is hereby amended as provided hereinbelow
(deleted text is indicated in strikethrough and new text in bold italics):
(a) Section 2.1, Contract Sum, is hereby amended to read as follows:
“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) Two Hundred Seventy Nine Thousand One Hundred Forty Six
Dollars and 70/100 ($279,146.70) (the “Contract Sum”), unless additional
compensation is approved pursuant to Section 1.8.”
(b) Exhibit “A”, Scope of Services, is hereby replaced in its entirety with
the new Exhibit “A”, Scope of Services, attached hereto.
(c) Exhibit “B”, Special Requirements, is hereby replaced in its entirety
with the new Exhibit “B”, Special Requirements, attached hereto.
(d) Exhibit “C”, Schedule of Compensation, is hereby replaced in its
entirety with the new Exhibit “C”, Schedule of Compensation, attached
hereto.
(e) Exhibit “D”, Schedule of Performance, is hereby replaced in its entirety
with the new Exhibit “D”, Schedule of Performance, attached hereto.
2. Continuing Effect of Agreement. Except as expressly amended by this
Amendment No. 1, all other provisions of the Agreement shall remain unchanged and in full force
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and effect. From and after the effective date of this Amendment No 1, whenever the term
“Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this
Amendment No. 1.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Contractor each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement. Each party represents and warrants to the other that there have been
no written or oral modifications to the Agreement other than as provided herein. Each party
represents and warrants to the other that the Agreement is currently an effective, valid, and binding
obligation.
Contractor represents and warrants to City that, as of the date of this Amendment No. 1,
City is not in default of any material term of the Agreement and that there have been no events
that, with the passing of time or the giving of notice, or both, would constitute a material default
under the Agreement.
City represents and warrants to Contractor that, as of the date of this Amendment Now. 1,
Contractor is not in default of any material term of the Agreement and that there have been no
events that, with the passing of time or the giving of notice, or both, would constitute a material
default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Amendment No. 1 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 Amendment
No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the
entering into this Amendment No. 1 does not violate any provision of any other agreement to
which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
____________________________________
Mayor
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
_________________________________
City Attorney
CONTRACTOR:
SUNBEAM SOLAR TECHNOLOGIES, dba
SUNBEAM CONSULTING, a California
corporation
By: ________________________________
Name: ______________________
Title: ______________________
By: ________________________________
Name: ______________________
Title: ______________________
Address: ____________________________
______________________________
______________________________
Two corporate officer signatures required when Contractor is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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 th e within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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 DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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.
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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 2019 Summer Session. 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 lon ger
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 an y event will cover both
peak drop off and pickup times, no matter how long the services will be required.
The regular school year 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
Pick up times are between 3:00 PM to 4:00 PM
Summer school:
o School Hours Monday to Friday: 8:15 AM to 12:30 PM.
o Flaggers will be on site approximately: 7:30 AM to 8:45 AM and from 11:45 AM
to 1 PM
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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 end of the 2019 Summer Session, unless otherwise
directed by City. This will include the regular session for the 2017/2018 and 2018/2019
school years, and the summer session for 2018 and 2019.
B. Management Oversight Services. Consultant will provide professional
management oversight services to ensure that standards are maintained at all times
and adequate 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
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EXHIBIT “A-1”
MAP
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. Section 1.10, California Labor Law, is hereby added to the Agreement and shall read
in its entirety as follows:
If the Scope of Services includes any “public work” or “maintenance work,” as those terms
are defined in California Labor Code section 1720 et seq. and California Code of Regulations,
Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall
pay prevailing wages for such work and comply with the requirements in California Labor Code
section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following
requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be
performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and
that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1
(commencing with Section 1720) of the California Labor Code relating to public works contracts
and the rules and regulations established by the Department of Industrial Relations (“DIR”)
implementing such statutes. The work performed under this Agreement is subject to compliance
monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by
regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent
required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the
prevailing rate of per diem wages are on file at City Hall and will be made available to any
interested party on request. By initiating any work under this Agreement, Contractor
acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of
the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site
where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with
and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment
of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The
Contractor 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 Contractor or by any subcontractor.
(d) Payroll Records. Contractor shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Contractor 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.
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(e) Apprentices. Contractor shall comply with and be bound by the provisions
of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8,
Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor
shall be responsible for compliance with these aforementioned Sections for all apprenticeable
occupations. Prior to commencing work under this Agreement, Contractor shall provide City with
a copy of the information submitted to any applicable apprenticeship program. Within sixty (60)
days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors
shall submit to the City a verified statement of the journeyman and apprentice hours performed
under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor
constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section
1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by
the provisions of Labor Code Section 1813 concerning penalties for workers who work excess
hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each
worker employed in the performance of this Agreement by the Contractor 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 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 Contractor in excess of eight (8) hours per day,
and forty (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 one and one-half (1½) times the
basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700
provide that every employer will be required to secure the payment of compensation to its
employees if it has employees. In accordance with the provisions of California Labor Code Section
1861, Contractor 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.”
Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor
who will perform work under this Agreement, Contractor shall be responsible for such
subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of
the California Labor Code, and shall make such compliance a requirement in any contract with
any subcontractor for work under this Agreement. Contractor shall be required to take all actions
necessary to enforce such contractual provisions and ensure subcontractor's compliance, including
without limitation, conducting a review of the certified payroll records of the subcontractor on a
periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers
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the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or
rectify any such failure by any subcontractor.
II. Sections 5.1, “Insurance Coverages,” and Section 5.2, “General Insurance
Requirements,” are hereby replaced in their entirety with the following:
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of any
services under this Agreement, Consultant shall obtain, provide and maintain at its own expense
during the term of this Agreement, policies of insurance of the type and amounts described below
and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in
an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily
injury, personal injury, and property damage. The policy must include contractual liability that has
not been amended. Any endorsement restricting standard ISO “insured contract” language will not
be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and
property damage for all activities of the Consultant arising out of or in connection with Services
to be performed under this Agreement, including coverage for any owned, hired, non-owned or
rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall
maintain professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of thi s
Agreement and Consultant agrees to maintain continuous coverage through a period no less than
three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Consultant shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at
least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified en dorsements 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”.
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5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City
as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers’ compensation. Insurance certificates and endorsements must be
approved by City’s Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
(b) Duration of coverage. Consultant shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Services hereunder by
Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City’s own insurance or self -insurance shall
be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain the insurance it deems necessary and any premium
paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient
to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance or
that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned
policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in
accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the
City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each of
its subconsultants.
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(g) Enforcement of contract provisions (non-estoppel). Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Consultant of non-compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a given issue and
is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or
a waiver of any type. If the Consultant maintains higher limits than the minimums shown above,
the City requires and shall be entitled to coverage for the higher limits maintained by the
Consultant. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall
be additional insureds under such policies. This provision shall also apply to any excess/umbrella
liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer’s limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who is brought onto or involved in
the project by Consultant, provide the same minimum insurance coverage and endorsements
required of Consultant. Consultant agrees to monitor and review all such coverage and assumes
all responsibility for ensuring that such coverage is provided in conformity with the requirements
of this section. Consultant agrees that upon request, all agreements with consultants,
subcontractors, and others engaged in the project will be submitted to City for review.
(n) Agency’s right to revise specifications. The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by
giving the Consultant ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Consultant, the City and Consultant may renegotiate
Consultant’s compensation.
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(o) Self-insured retentions. Any self-insured retentions must be declared to and
approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant’s performance
under this Agreement, and that involve or may involve coverage under any of the required liability
policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own judgment may be necessary
for its proper protection and prosecution of the work.
III. Section 5.4, “Sufficiency of Insurer,” is hereby deleted in its entirety.
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01203.0006/464083.2
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 and 2018 Summer Session
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 and 2019 Summer Session
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 $279,146.70, as provided in
Section 2.1 of this Agreement.
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01203.0006/464083.2
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall provide flagging services beginning on January 2, 2018, and continuing
every day that Miraleste Intermediate School is in session from January 2, 2018, through
the end of the 2019 Summer Session, unless otherwise directed by City. This will include
the regular session for the 2017/2018 and 2018/2019 school years, and the summer sessions
for 2018 and 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 and
2018 Summer School Schedule s are attached hereto as Exhibit “D-1.” The PVPUSD
2018-2019 School Year Calendar, and 2019 Summer Session calendar, shall be
incorporated herein by reference at such time as it is completed by the PVPUSD.
II. The Schedule may be revised by the Contract Officer pursuant to Section 3.2 of this
Agreement.
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01203.0006/464083.2
Exhibit D-1
2017/ 2018 PVPUSD School Calendar
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01203.0006/464083.2
Exhibit D-1 (Continued)
2018 Summer School Schedule
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Sunbeam Consulting
1817 Josie Ave
Long Beach, California 90815
Project Management • Construction Management • Civil Engineering Design
Tel: (310)525-0684 • www.sunbeamtech.net
April 4, 2018
City of Rancho Palos Verdes
Department of Public Works
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
Attention: Lauren Ramezani
RE: Cost Proposal to Provide Flagging Services for the City of Rancho Palos Verdes during the
2018 and 2019 Summer Session
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 Summer Session, which extends from 6/18/18 to 7/13/18 and
the 2019 Summer Session, which we have assumed to have a similar duration This proposal for the
additional services is based on the 4-weeks, less July 4, which will be a non-school day, so will be for 19-
days for each year. We appreciate the consideration and opportunity of providing these Flagging
Services to City of Rancho Palos Verdes.
We propose to continue to utilize Curtis Jackson and Donte Morgan, both of whom have American
Traffic Safety Services Association certified, which meets all DOT requirements. The services will be
provided at the same locations as the rest of the school year at the intersection of Palos Verdes Drive
East and Via Canada, and Palos Verdes Drive East and Miraleste Drive
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 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.
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 $97.00/hour and Management Oversight is
$125.00/hour for 2-hours per week for the 2018 School Year.
The Sunbeam fee for each flagger’s services will be $101.85/hour and Management Oversight
is $131.25/hour for 2-hours per week for the 2019 School Year.
The average daily cost will be $826.00/day for 2018 and $867.30 for 2019.
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Sunbeam Consulting
1817 Josie Ave
Long Beach, California 90815
Project Management • Construction Management • Civil Engineering Design
Tel: (310)525-0684 • www.sunbeamtech.net
The cost for the services for the 19 school-days is $15,694 in 2018 and $16,478.70 in 2019, for
a total of $32,172.70 for the two years.
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
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