CC SR 20190416 M - Conestoga Trail Metal Guardrail Deadman's Curve (Attachment K Forthcoming)
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 04/16/2019
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to award a construction contract to KASA Construction,
Inc. and award a contract for outreach and inspection services to Sunbeam Consulting
for the Trail Connection for Conestoga Trail (at Deadman’s Curve), that includes
construction of a multi-use trail and wood fence and replacement of a metal guardrail
(Project TR2017-01)
RECOMMENDED COUNCIL ACTION:
(1) Authorize an additional appropriation of $296,837 for the project;
(2) Reject Proposal from Concept Consultant, Inc.;
(3) Award a construction contract to KASA Construction, Inc. in the amount of
$346,415;
(4) Authorize the City Manager or Director of Finance to execute amendments up to
an additional 10% ($34,642) as a contingency for potential unforeseen conditions;
(5) Award a contract to Sunbeam Consulting for Inspection and Outreach Services in
the amount of $19,200;
(6) Authorize the Mayor and City Clerk to execute the contracts, in forms approved by
the City Attorney.
FISCAL IMPACT: The recommendations will result in a total authorized expenditure for
construction and inspection of $400,257 if the maximum amount of contingency funding
is utilized. Of the original $150,000 budgeted for the project (in the FY 2016-17 Capital
Improvement Budget), approximately $46,580 has already been spent on engineering
design, surveying services, compiling a topographical survey map and other design work
for the project, leaving an available balance of $103,420.
Amount Budgeted: $150,000
Additional Appropriation: $296,837
Account Number(s): 334-400-8410-8404 $277,637
334-400-8410-8006 $ 19,200
ORIGINATED BY: James O'Neill, Engineering Assistant
REVIEWED BY: Elias Sassoon, Director of Public Works
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Bid Opening Report, dated March 11, 2019 (page A-1)
B. Letter to Concept Consultant, Inc. dated March 15, 2019 (page B-1)
C. Bid Schedule submitted by Concept Consultant, Inc. (page C-1)
D. References pages submitted by Concept Consultant, Inc. (page D-1)
1
E. Subcontractor List submitted by Concept Consultant, Inc. (page E-1)
F. Statistical Information Form from Concept Consultant (page F-1)
G. Letter from Concept Consultant, Inc. dated March 20, 2019 (page G-1)
H. Email response to Concept Consultant, Inc. dated March 25, 2019 (page
H-1)
I. Proposal submitted by KASA Construction, Inc. (page I-1)
J. Proposal submitted by Sunbeam Consulting, Inc. (page J-1)
K. Contract with KASA Construction, Inc. (page K-1)
L. Contract with Sunbeam Consulting, Inc. (page L-1)
BACKGROUND AND DISCUSSION:
This trail project was approved by the City Council in the FY 2016-17 Capital Improvement
Program budget.
A public meeting was held on June 6, 2018, to obtain feedback regarding design elements
of this project. The consensus was to install a decomposed granite trail with split -rail
wood fencing similar to other trails in the area.
A significant portion of the trail is adjacent to the “Deadman’s Curve” segment of Palos
Verdes Drive East, separated only by an existing metal guardrail. The existing guardrail
is damaged in several areas and does not meet current standards. A “Bid Alternative”
was included to obtain pricing for removal and replacement of the existing metal guardrail
with a new guardrail that meets current standards.
The project was advertised on February 6, 2019, and the bids were opened on March 11,
2019.
Three bids were received on March 11, 2019, as follows:
Base Bid* Bid Alternative Total
Concept Consultant, Inc. $281,850.00 $27,829.50 $309,679.50
KASA Construction, Inc. $294,825.00 $51,590.00 $346,415.00
Palp, Inc. dba Excel Paving $587,710.00 $42,490.00 $630,200.00
* Projects are to be awarded to lowest, responsive and responsible bidder based on the
base bid (not including the alternative)
Staff reviewed the proposal from low bidder Concept Consultant, Inc. and identified a
number of irregularities that deemed the proposal non-responsive. A letter was sent on
March 15, 2019, to Concept Consultant, Inc. notifying the firm that the proposal was non-
responsive. A copy of that letter is attached to this report as Attachment B, along with
referenced portions of the Proposal (Attachments C, D and E). Concept Consultant, Inc.
replied to the City with a letter dated March 20, 2019, which is attached to this report as
Attachment G. The City acknowledged receipt of that letter and notified Concept
2
Consulant, Inc. that its proposal continued to be non-responsive in an email sent on March
25, 2019. (Attachment H)
Staff determined that Concept Consultant, Inc.’s bid is non -responsive for the following
reasons:
1. Discrepancies between the Extended Amount and Price Unit values shown on
Page C-1 (Bid Schedule) for the following two Items resulting in a total difference
of $23,352.80 in the Total Bid Amount:
a. Item 1 (Mobilization / Demobilization) indicates a Price Unit of $51,497 and
an Extended Amount of $68,849.80 despite an Estimated Quantity of 1,
resulting in a difference of $17,352.80 in the Total Bid Amount.
b. Item 7 (Earthwork and Grading) indicates a Price Unit of $42,710 and an
Extended Amount of $48,710 despite an Estimated Quantity of 1, resulting
in a difference of $6,000 in the Total Bid Amount
2. The Designation of Subcontractors on Page E-1 lists four (4) subcontractors,
covering 48% of the work to be completed, with all types of work accounted for,
making it unclear as to what work Concept Consultant, Inc. will perform.
3. The Proposer/Bidder Statistical Information Form on Page F-1 indicates that
Concept Consultant, Inc.’s total number of employees, including owners, is three
(3). Staff is reasonably concerned that Concept Consultant, Inc. does not have a
sufficient number of employees capable of performing the remaining 52% of the
work.
Issue 1: With respect to the discrepancies between the Extended Amount and Price Unit
values, Concept Consultant, Inc.’s response letter dated March 20, 2019 , states:
“The variations were effected by clerical error however there is no change in the
Total Base Bid Amount.”
The City’s Instructions to Bidders provides as follows with regards to discrepancies in
proposals:
“In case of discrepancy between the unit price and the total set forth for the item,
the unit price shall prevail . . .”
As stated above, the Price Unit values for Items 1 and 7 are lower than the Extended
Amount Values, resulting in a total difference of $23,352.80 in the Total Bid Amount.
Therefore, Concept Consultant, Inc.’s contention that there is no change in the Total Base
Bid Amount is erroneous.
Issues 2 & 3: With respect to how the work is divided between the general contractor and
subcontractors, Concept Consultant, Inc.’s letter dated March 20, 2019, states:
3
“Our company always hires a workforce as deemed necessary for each project.
The general contractor will perform 52% of the contract amount according to the
following tasks:
Mobilization and Demobilization.
Site clearing.
Forming and Concrete works.
Purchasing some traffic control equipment in additional payment of the
rental equipment.
Purchasing wooden rails (fence) material only.
Purchasing metal beam material only.
Direct payments for the rental earthwork equipment.”
The table below summarizes the types of work to be completed by subcontractors as
indicated in the Designation of Subcontractors on Page E-1.
There is substantial overlap between the tasks referenced above and the types of work
designated to be completed by the subcontractors.
Although the City Council has discretion to waive immaterial deviations from bid
specifications and accept a bid under certain circumstances, Staff’s position is that the
irregularities referenced above constitute material deviations from the Project’s bid
specifications. Therefore, Staff recommends rejecting the proposal from low bidder
Concept Consultant, Inc. as non-responsive.
A review of the proposal received from KASA Construction, Inc. (“KASA”) found no
irregularities. Staff recommends awarding a construction contract to KASA based on its
proposal being the lowest, responsible and responsive bid.
4
Bid Alternative
As part of the solicitation for proposals, the City requested each bidder to provide pricing
for two “Alternative Bid Items.” 1.) Removing and replacing the entire length of metal beam
guardrail per CalTrans Standard Plan A77L1, and 2.) The installation of new double
chevron (W1-8) alignment signs.
Pricing from KASA for these items was $51,590. In addition to the base bid, Staff is
recommending including both bid alternatives 1 and 2 (replacement of the guardrail and
installation of the chevron signs) with this award.
Inspection and Outreach
Given the constraints of the work area along Palos Verdes Drive East, Staff is
recommending Sunbeam Consulting, Inc. perform inspection and community outreach
services for this project. This work area is adjacent to a very tight curve , which will require
traffic control from time to time, closing traffic during construction and ongoing interaction
with the public. Sunbeam’s proposal for services is $19,200.
ALTERNATIVES:
In addition to Staff recommendations, the following alternative action is available for the
City Council’s consideration:
1. Award a contract to KASA Construction, Inc. for only the Base Bid amount
of $294,825;
2. Reject all bids and direct Staff to re-advertise for new Bids;
3. Take any other action deemed appropriate .
5
A-1
B-1
B-2
C-1
C-2
D-1
D-2
D-3
D-4
E-1
F-1
Date : 03/20/2019
To : City of Rancho Palos Verdes
30940 Hawthorn Blvd. Rancho Palos Verdes, CA 90275
Subject : Protest to the City's letter dated March 15,2019
Reference : City of Rancho Palos Verdes, Trail Connection for Deadman's Curve Segment
(Conestoga Trail)
: Project TR2017-01
Attention : James S. O'Neill
Engineering Assistant
In regards to your letter dated 3/15/2019, we address the following responses to each of the line items:
1-
The variations were effected by clerical error however there is no change in the Total Base Bid Amount.
2-
Project # 018415 was not listed as a reference because this project was completed for the City of
Rancho Palos Verdes. This project extends from Project # 018415.
3-
All the projects listed had greater final contract amounts due to extra work and change orders. We
wrote this in for the first project reference and made the mistake of not carrying it over as a repeat line.
4-
Our company always hires a workforce as deemed necessary for each project. The general contractor
will perform 52% of the contract amount according to the following tasks:
Mobilization and Demobilization.
Site clearing.
Forming and Concrete works.
Purchasing some traffic control equipment in additional payment of the rental equipment.
Purchasing wooden rails (fence) material only.
Purchasing metal beam material only.
Direct payments for the rental earthwork equipment.
5-
Section 3 (Page 21) states Owners, Partners and Associate Partners; Section 4 only states Owners.
Therefore, according to the above statements, Concept Consultant should be considered as a lowest
responsive bidder and an awarding of the project to Concept Consultant, Inc. is properly due.
Sincerely,
Nick Sammadi
CC: Elias Sasson, Director of Public Works
CONCEPT CONSULTANT, INC.
2355 Westwood Blvd # 901 Los Angeles, CA 90064
tel 310.439.8516 | fax 310.400.5829 | nicksammadi@gmail.com
GENERAL CONTRACTOR LIC. # 982335
BUILDING AND ENGINEERING
G-1
From:James O"Neill
To:"Nick Sammadi"; Elias Sassoon
Cc:Nadia Carrasco; "Matthew Tom"; Elena Q. Gerli (egerli@awattorneys.com); CityClerk
Subject:RE: Trail Connection ( Conestoga Trail) Project TR2017-01
Date:Monday, March 25, 2019 4:05:00 PM
Good afternoon Mr. Sammadi,
The City received your letter dated 3/20/2019 via email, however Concept Consultant, Inc.’s
proposal for Project TR2017-01, the Trail Connection for Deadman’s Curve Segment (Conestoga
Trail), remains non-responsive.
Respectfully,
James S. O’Neill, MPM
Engineering Assistant, Department of Public Works
(310) 544-5247 (Office)
joneill@rpvca.gov
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
From: Nick Sammadi [mailto:nicksammadi@gmail.com]
Sent: Thursday, March 21, 2019 11:03 AM
To: James O'Neill <joneill@rpvca.gov>; Elias Sassoon <esassoon@rpvca.gov>
Cc: Nadia Carrasco <NadiaC@rpvca.gov>
Subject: Trail Connection ( Conestoga Trail) Project TR2017-01
Importance: High
Good Morning,
Please see the attached letter.
Sincerely,
Nick Sammadi
Concept Consultant, Inc.
2355 Westwood Blvd # 901
Los Angeles, CA 90064-2109
Office : (310) 439-8516
Cell : (310) 877-1192
H-1
Fax : (310) 400-5829
E-mail : nicksammadi@gmail.com
H-2
I-1
I-2
I-3
I-4
I-5
1817 Josie Ave
Long Beach, California 90815
March 19, 2019
City of Rancho Palos Verdes
Department of Public Works
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
Attention: James O’Neil
RE: Proposal to Provide Outreach and Inspection Services for
the Deadman’s Curve segment of the Conestoga Trail Connection
Dear Mr. O’Neil:
We are pleased to provide you with this proposal to provide part-time Inspection and outreach services for
the construction of the Deadman’s Curve trail segment of the Conestoga Trail connection. Sunbeam
Consulting staff were involved in the construction of the adjacent segments of the Conestoga Trail and fully
understand the need for construction inspection and residential outreach during construction and that will
be required for the project during construction. We have found that during construction is when opponents
and proponents become very vocal and it’s important to ensure that good record keeping is maintained and
clear dissemination of information is observed.
The principals of Sunbeam Consulting have decades of experience in civil engineering design, program
management, project management, construction management, and inspection of Capital Improvement
projects, including working on a wide assortment of trails. We are able to assist the City of Rancho Palos
Verdes in the required capacity, and draw upon additional resources if needed during the course of the
assignment.
The services that Sunbeam will provide will include:
Inspecting the work for quality and compliance with plans, specifications and best construction
practices.
Interacting with the contractor, the Project Manager, Designer, Residents and all other stakeholders
and to assist with public relations
Ensuring extensive photo documentation of existing conditions before work commences on any
segment of the work
Keep accurate record of all daily activities to create a comprehensive history and to monitor all work
performed beyond the base-bid scope of work
Assist with the measurement of work and monitoring project costs
Monitor the Project Schedule and provide guidance to assure the job progresses with the City’s and
residents’ best interest in mind
Prepare a punch list and monitor the remedial work through to the final acceptance
Attend all relevant meetings
Keep the City Project Manager appraised of all activities and issues on the project through continual
general communications
J-1
Provide safety oversight, especially with regards to the general public
Assist with the closing out of the project
The project is one of the most distant locations in the City and therefore propose both Jim Pugh and John
Collins to provide the services for this project to ensure adequate oversight. The services to be provided will
be at the billing rate of $128.00 per hour. We propose 2.5 hours per day on average for the scheduled
construction duration of 60-working days. The total cost for the project will be a “not to exceed amount” of
$19,200.00. The billing rate is inclusive of mileage, equipment, and other incidentals. Jim has provided
similar services on a number of other capital improvement projects.
Thank you for this opportunity to offer our services to the City of Rancho Palos Verdes. Should you have
questions during the selection process, please contact me at 310.525.0684.
Sincerely,
Alan Braatvedt
President
Sunbeam Consulting
Project Management • Construction Management • Inspection • Civil Engineering Design
Tel: 310.525-0684 • www.sunbeamtech.net J-2
Sunbeam Consulting
1817 Josie Ave.
Long Beach CA 90815
Tel:310.525-0684
www.sunbeamtech.net
E-mail: alan@sunbeamtech.net
Contractor License No.
915894 (A & B)
LEED Accredited Professionals
California Registered Engineers
Qualified SWPPP Staff
Sunbeam Technologies, Inc., doing business as Sunbeam
Consulting, provides civil engineering, capital improvement
project management, construction management and
inspection services to public agencies and private sectors in
addition to our founding energy related services. Sunbeam
Technologies, Inc. was established in 2008 to provide
engineering design, management, and contracting services to
public agencies, business, and private clients. Sunbeam’s
senior management offers decades of experience on public
infrastructure and building projects with Southern California
agencies.
Civil Engineering
Project Management
Construction Management & Observation
Staff Assistance
Inspection Services
NPDES Program Implementation
ADA Assessment & Improvements
Plan Checking
Highway & Infrastructure Design
Storm Drainage & Design
Signing and Striping Plans
Parking Design & Analysis
J-3
SCOPE OF WORK
Background
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; trails; arterial highway rehabilitation; water and
storm drain repair and improvement projects; utility construction; emergency project assistance; parks
improvements; and miscellaneous projects and studies. We have assisted in obtaining and implementing
funding from state and federal Safe Routes to School, Community Development Block Grant, State
Transportation Improvement Program, and Highway Safety Improvement Programs.
Scope of Work
The City of Rancho Palos Verdes will be undertaking the construction of the Conestoga Trail connection
segment in the Deadman’s curve area along Palos Verdes Drive East. The work will be undertaken
adjacent to the road on the one side and adjacent to private properties on the other side. We have
found that over the years, residents often encroach into public right of way and sometimes resent the
invasion of the privacy. Individual outreach will help pave the way to a successful project and close
attention will be paid to any potential impacts the construction of the project could have on the
adjacent properties. The Inspectors will play a valuable role being the liaison between the City;
Residents; and the Design Team.
The proximity to PV Drive East will require special attention to safety and the free flow of traffic. The
service will be provided on a part-time basis with daily attendance. In addition, Sunbeam is able to
provide back-up service to ensure the level of attention that the project requires.
Our scope of work will specifically include the following tasks:
(a) Inspect work for compliance with specs while work is in progress –We will provide construction
inspection services to ensure that the work is in compliance with contract documents. We will
proactively examine the work area prior to demolition, take photographs, verify accuracy,
assure that the project is including work areas in accordance with the intent of the project, and
to note any additional concerns that may be present.
(b) Prepare Daily Inspection Reports and submit them to the City. Daily project reports will be
completed in the format required by the City, and transmitted to the City’s Project Manager
expeditiously. Reports will include daily photographic documentation.
(c) Attend Meetings. Our inspector will attend project meetings, as required throughout the
duration of the projects.
(d) Attend Pre-Construction Meeting. Our inspector will attend the Pre- Construction meetings, and
other meetings when required, with City staff.
J-4
(e) Deal with any resident concerns received and report to the City in a timely fashion. We will
immediately transmit to the City any and all resident concerns generated during the course of the
projects.
The Sunbeam fee for Inspection Services is $128/hour.
Sunbeam complies with all State and Federal Prevailing Wage Rate requirements for our Construction
Inspector services.
The fee is in line with Sunbeam’s 2018 on-call rate schedule and is valid for a 12-month period from award
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 Consulting
City of Rancho Palos Verdes
Request for Proposal for CM and Inspection Services
Deadman’s Curve trail segment of the Conestoga Trail Connection Project
Fee Proposal
Item Amount
Inspection Services (Part time) (Prevailing Wage) 60 Days x 2.5 hours per
day for a total of 150 @ $128/hour
$19,200.00
TOTAL
$19,200.00
Sunbeam Consulting
Amount shown is the proposed budget, not to exceed without prior approval. Payment will be made
monthly as project progresses.
J-5
KEY PERSONNEL
JIM PUGH
Public Works Inspector
Jim has twenty-five years of experience in inspection and
maintenance on all phases Public Works projects. Typical work
has included the following assignments:
• Inspect new curb, gutter and sidewalks
• Inspect conventional and AHRM asphalt and overlay
• Inspect City wide slurry seal / micro surface
• Inspect City wide ARAM (Asphalt Rubberized Aggregate
Membrane)
• Inspect new storm drain and sewer pipeline installations
and outfall structures
• Inspect large diameter steel mortar lined and coated water pipe
• Inspect CIPP and fold and form pipe from 6” to 30” on Sewer and storm drain pipelines.
• View and approve pre-lining video and assess point repairs. View post video to assure quality and
to approve job quantities.
• Inspect gabion baskets and barrier walls
• Inspect slope improvement and stabilization projects
• Communicate and work with surrounding Utilities, local agencies and Contractors to insure
compliance with City Standards.
• Update job specifications and standard detail requirements.
• Communicate with City staff on a daily basis, summarize all work performed daily
• Prepare job status reports, agendas, approve unit prices from contractors, issue noncompliance
and correction notices.
• Measure and approve job quantities and pay estimates
• Create pavement management and striping data bases and evaluate inventory
• Prepare material submittals and transmittals.
• Prepare cost proposals
• Attend progress meetings with engineers and contractors
Principals of hot mix asphalt • Asphalt Institute
Utility Inspection Course • Ventura County • 2007
Traffic Control • San Diego, Ca • 2005
Competent Person Training/Trench Shoring • Anaheim, Ca • 2003
Water Distribution 2 • Thousand Oaks, Ca • 2000
Water Technology Training • Alta Loma, Ca • 2000
Tunnel Construction Safety/Confined Space • Woodland Hills, Ca • 1997
Welding and Technology • Simi Valley, Ca • 1993
Entered Profession
1989
Professional Affiliations
American Water Works
Association (AWWA)
The National Utility Contractors
Association (NUCA)
California Emergency Response
Technologies, Inc
Slurry seal association
Chip Seal association
J-6
JOHN F. COLLINS
Public Works Inspector
John has 32 years of experience in inspection and maintenance on
all phases Public Works projects. Typical work has included the
following assignments:
Signage
Airfield lighting, runway, taxiway improvements
QA/QC
Code Enforcement
Bridges
Demolition
Underground Utilities
Sewer and Storm Drain
Street Lighting
Street Construction
OSHA Safety Compliance
Project Administration
Inspect conventional and AHRM asphalt and overlay, pavement resurfacing
Inspect City wide slurry seal
• Communicate with City staff on a daily basis, summarize all work performed daily
• Prepare job status reports, agendas, approve unit prices from contractors, issue noncompliance and correction
notices.
• Measure and approve job quantities and pay estimates
• Prepare material submittals and transmittals.
• Attend progress meetings with engineers and contractors
John has provided Construction Services to the following Agencies:
City of Los Angeles Department of Airports (Los Angeles, CA)
City of Los Angeles Department of Public Works (Los Angeles, CA)
City of Burbank, Department of Public Works
Project Highlights
WEST AIRFIELD MAINTENANCE AREA Budget: $ 68M
RUNWAY STATUS LIGHTS Budget: $ 12M
TAXIWAY T RECONSTRUCTION Budget: $ 85M
AIRFIELD MARKING REHABILITATION Budget: $10M
TAXILANE S IMPROVEMENT PROJECT Budget: $ 100M
AIRFIELD IMPROVEMENT PROGRAM Budget: $ 235M
AIRFIELD IMPROVEMENT PROGRAM Budget: $ 235M
ONTARIO TWIN TERMINALS AND TAXIWAY E EXTENSION PROJECT Budget: $ 150M
Entered Profession:
1985
Professional Certifications:
First Aid
30 Hr OSHA Safety
ACI Tech 1
Supervision Fundamentals
Confined Space Entry
Storm Water Management
J-7
CITY OF RANCHO PALOS VERDES
CONTRACT SERVICES AGREEMENT FOR
Inspection Services and Outreach for Conestoga Trail Connection
THIS CONTRACT SERVICES AGREEMENT (herein “Agreement”) is made and
entered into this ____ day of _______, 2019, by and between the CITY OF RANCHO PALOS
VERDES, a municipal corporation (“City”) and Sunbeam Consulting (herein “Consultant”).
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all of the terms and conditions of
this Agreement, the Consultant shall perform the work or services set forth in the “Scope of
Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant
warrants that it has the experience and ability to perform all work and services required
hereunder and that it shall diligently perform such work and services in a professional and
satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall
be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the
City and any Federal, State or local governmental agency of competent jurisdiction.
1.3 California Labor Law. 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.
1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its
sole cost and expense such licenses, permits, and approvals as may be required by law for the
performance of the services required by the Agreement.
1.5 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in the “Special Requirements”
attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a
conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the
provisions of Exhibit “B” shall govern.
2. COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with the “Schedule of Compensation” attached
hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum
contract amount of Nineteen thousand, two hundred dollars ($19,200) (“Contract Sum”).
2.2 Invoices. Each month Consultant shall furnish to City an original invoice
for all work performed and expenses incurred during the preceding month in a form approved by
L-1
City’s Director of Finance. By submitting an invoice for payment under this Agreement,
Consultant is certifying compliance with all provisions of the Agreement. The invoice shall
contain all information specified in Exhibit “C”, and shall detail charges for all necessary and
actual expenses by the following categories: labor (by sub-category), travel, materials,
equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed
by such categories. Consultant shall not invoice City for any duplicate services performed by
more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, City will use its best efforts to cause Consultant to be paid within
forty five (45) days of receipt of Consultant’s correct and undisputed invoice; however,
Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot
guarantee that payment will occur within this time period. In the event any charges or expenses
are disputed by City, the original invoice shall be returned by City to Consultant for correction
and resubmission. Review and payment by the City of any invoice provided by the Consultant
shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.3 Additional Services. City shall have the right at any time during the
performance of the services, without invalidating this Agreement, to order extra work beyond
that specified in the Scope of Services or make changes by altering, adding to or deducting from
said work. No such extra work may be undertaken unless a written order is first given by the
Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum
for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said
adjustments are subject to the written approval of the Consultant. Any increase in compensation
of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five
Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved
by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be
approved by the City Council. No claim for an increase in the Contract Sum or time for
performance shall be valid unless the procedures established in this Section are followed.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. Consultant shall commence the services
pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all
services within the time period(s) established in the “Schedule of Performance” attached hereto
as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant,
extensions to the time period(s) specified in the Schedule of Performance may be approved in
writing by the Contract Officer but not exceeding thirty (30) days cumulatively.
3.3 Force Majeure. The time period(s) specified in the Schedule of
Performance for performance of the services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control and without the
fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public
enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions,
L-2
riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency,
including the City, if the Consultant shall within ten (10) days of the commencement of such
delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall
ascertain the facts and the extent of delay, and extend the time for performing the services for the
period of the enforced delay when and if in the judgment of the Contract Officer such delay is
justified. The Contract Officer’s determination shall be final and conclusive upon the parties to
this Agreement. In no event shall Consultant be entitled to recover damages against the City for
any delay in the performance of this Agreement, however caused, Consultant’s sole remedy
being extension of the Agreement pursuant to this Section.
3.4 Term. Unless earlier terminated in accordance with Article 7 of this
Agreement, this Agreement shall continue in full force and effect until completion of the services
but not exceeding 2 years from the date hereof, except as otherwise provided in the Schedule of
Performance (Exhibit “D”). [The City may, in its sole discretion, extend the Term for 1
additional one-year terms.]
4. COORDINATION OF WORK
4.1 Representative of Consultant. Jim Pugh is hereby designated as being
the representative of Consultant authorized to act on its behalf with respect to the work and
services specified herein and make all decisions in connection therewith. All personnel of
Consultant and any authorized agents shall be under the exclusive direction of the representative
of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to
this Agreement. Consultant shall make every reasonable effort to maintain the stability and
continuity of Consultant’s staff and subcontractors, and shall keep City informed of any changes.
4.2 Contract Officer. Ron Dragoo, or his designated representative is hereby
designated as being the representative the City authorized to act in its behalf with respect to the
work and services specified herein and to make all decisions in connection therewith (“Contract
Officer”).
4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not
contract with any entity to perform in whole or in part the work or services required hereunder
without the express written approval of the City. Neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior written
approval of City. Any such prohibited assignment or transfer shall be void.
4.4 Independent Consultant. Neither the City nor any of its employees shall
have any control over the manner, mode or means by which Consultant, its agents or employees,
perform the services required herein, except as otherwise set forth. Consultant shall perform all
services required herein as an independent contractor of City with only such obligations as are
consistent with that role. Consultant shall not at any time or in any manner represent that it or
any of its agents or employees are agents or employees of City, or that it is a member of a joint
enterprise with City.
5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. Without limiting Consultant’s indemnification of
City, and prior to commencement of any services under this Agreement, Consultant shall obtain,
L-3
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 this
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 endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated
herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(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
L-4
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.
(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
L-5
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.
(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.
5.3 Indemnification. To the full extent permitted by law, Consultant agrees to
indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified
Parties”) against, and will hold and save them and each of them harmless from, any and all
actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or
L-6
property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or
threatened (herein “claims or liabilities”) that may b e asserted or claimed by any person, firm or
entity arising out of or in connection with the negligent performance of the work, operations or
activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees,
or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from
Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or
indemnitors’ negligent performance of or failure to perform any term, provis ion, covenant or
condition of this Agreement, except claims or liabilities occurring as a result of City’s sole
negligence or willful acts or omissions. The indemnity obligation shall be binding on successors
and assigns of Consultant and shall survive termination of this Agreement.
5.4 RECORDS, REPORTS, AND RELEASE OF INFORMATION
5.5 Records. Consultant shall keep, and require subcontractors to keep, such
ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other
documents relating to the disbursements charged to City and services performed hereunder (the
“books and records”), as shall be necessary to perform the services required by this Agreement
and enable the Contract Officer to evaluate the performance of such services and shall keep such
records for a period of three years following completion of the services hereunder. The Contract
Officer shall have full and free access to such books and records at all times during normal
business hours of City, including the right to inspect, copy, audit and make records and
transcripts from such records.
5.6 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this Agreement or as
the Contract Officer shall require.
5.7 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than the City without prior written
authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract
Officer or unless requested by the City Attorney, voluntarily provide documents, declarations,
letters of support, testimony at depositions, response to interrogatories or other information
concerning the work performed under this Agreement. Response to a subpoena or court order
shall not be considered “voluntary” provided Consultant gives the City notice of such court order
or subpoena.
(c) If Consultant provides any information or work product in violation of this
Agreement, then the City shall have the right to reimbursement and indemnity from Consultant
for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of
Consultant’s conduct.
(d) Consultant shall promptly notify the City should Consultant be served
with any summons, complaint, subpoena, notice of deposition, request for documents,
L-7
interrogatories, request for admissions or other discovery request, court order or subpoena from
any party regarding this Agreement and the work performed thereunder. The City retains the
right, but has no obligation, to represent Consultant or be present at any deposition, hearing or
similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City
with the opportunity to review any response to discovery requests provided by Consultant.
5.8 Ownership of Documents. All studies, surveys, data, notes, computer
files, reports, records, drawings, specifications, maps, designs, photographs, documents and other
materials (the “documents and materials”) prepared by Consultant in the performance of this
Agreement shall be the property of the City and shall be delivered to the City upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by the City of its
full rights of ownership use, reuse, or assignment of the documents and materials hereunder.
Moreover, Consultant with respect to any documents and materials that may qualify as “works
made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed
“works made for hire” for the City.
6. ENFORCEMENT OF AGREEMENT AND TERMINATION
6.1 California Law. This Agreement shall be interpreted, construed and
governed both as to validity and to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles,
State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively
in the Central District of California, in the County of Los Angeles, State of California.
6.2 Disputes; Default. In the event that Consultant is in default under the
terms of this Agreement, the City shall not have any obligation or duty to continue compensating
Consultant for any work performed after the date of default. Instead, the City may give notice to
Consultant of the default and the reasons for the default. The notice shall include the timeframe
in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but
may be extended, if circumstances warrant. During the period of time that Consultant is in
default, the City shall hold all invoices and shall, when the default is cured, proceed with
payment on the invoices. If Consultant does not cure the default, the City may take necessary
steps to terminate this Agreement under this Article.
6.3 Legal Action. In addition to any other rights or remedies, either party
may take legal action, in law or in equity, to cure, correct or remedy any default, to recover
damages for any default, to compel specific performance of this Agreement, to obtain
declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this
Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory
claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any
legal action under this Agreement.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
L-8
6.4 Termination Prior to Expiration of Term. This Section shall govern any
termination of this Contract except as specifically provided in the following Section for
termination for cause. The City reserves the right to terminate this Contract at any time, with or
without cause, upon thirty (30) days’ written notice to Consultant, except that where termination
is due to the fault of the Consultant, the period of notice may be such shorter time as may be
determined by the Contract Officer. In addition, the Consultant reserves the right to terminate
this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City,
except that where termination is due to the fault of the City, the period of notice may be such
shorter time as the Consultant may determine. Upon receipt of any notice of termination,
Consultant shall immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Except where the Consultant has initiated termination, the
Consultant shall be entitled to compensation for all services rendered prior to the effective date
of the notice of termination and for any services authorized by the Contract Officer thereafter in
accordance with the Schedule of Compensation or such as may be approved by the Contract
Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to
compensation only for the reasonable value of the work product actually produced hereunder, but
not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit
“C”. In the event of termination without cause pursuant to this Section, the terminating party
need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
6.5 Termination for Default of Consultant. If termination is due to the
failure of the Consultant to fulfill its obligations under this Agreement, City may, after
compliance with the provisions of Section 7.2, take over the work and prosecute the same to
completion by contract or otherwise, and the Consultant shall be liable to the extent that the total
cost for completion of the services required hereunder exceeds the compensation herein
stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City
may withhold any payments to the Consultant for the purpose of set-off or partial payment of the
amounts owed the City as previously stated.
7. MISCELLANEOUS
7.1 Covenant Against Discrimination. Consultant covenants that, by and for
itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall
be no discrimination against or segregation of, any person or group of persons on account of
race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin,
ancestry, or other protected class in the performance of this Agreement. Consultant shall take
affirmative action to ensure that applicants are employed and that employees are treated during
employment without regard to their race, color, creed, religion, sex, gender, sexual orientation,
marital status, national origin, ancestry, or other protected class
7.2 Non-liability of City Officers and Employees. No officer or employee of
the City shall be personally liable to the Consultant, or any successor in interest, in the event of
any default or breach by the City or for any amount, which may become due to the Consultant or
to its successor, or for breach of any obligation of the terms of this Agreement.
7.3 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other person
shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of
L-9
the City, to the City Manager and to the attention of the Contract Officer (with her/his name and
City title), City of Rancho Palos Verdes, 30940 Hawthorne Boulevard, California 90275, and in
the case of the Consultant, to the person(s) at the address designated on the execution page of
this Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
7.4 Integration; Amendment. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this Agreement supersedes
and cancels any and all previous negotiations, arrangements, agreements and understandings, if
any, between the parties, and none shall be used to interpret this Agreement. This Agreement
may be amended at any time by the mutual consent of the parties by an instrument in writing.
7.5 Severability. In the event that part of this Agreement shall be declared
invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the remaining portions of this Agreement
which are hereby declared as severable and shall be interpreted to carry out the intent of the
parties hereunder unless the invalid provision is so material that its invalidity deprives either
party of the basic benefit of their bargain or renders this Agreement meaningless.
7.6 Waiver. No delay or omission in the exercise of any right or remedy by
non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. A party’s consent to or approval of any act by the other party requiring the party’s
consent or approval shall not be deemed to waive or render unnecessary the other party’s consent
to or approval of any subsequent act. Any waiver by either party of any default must be in
writing and shall not be a waiver of any other default concerning the same or any other provision
of this Agreement.
7.7 Attorneys’ Fees. If either party to this Agreement is required to initiate
or defend or made a party to any action or proceeding in any way connected with this
Agreement, the prevailing party in such action or proceeding, in addition to any other relief
which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees,
whether or not the matter proceeds to judgment.
7.8 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship
of this Agreement or any other rule of construction which might otherwise apply.
7.9 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
7.10 Warranty & Representation of Non-Collusion. No official, officer, or
employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any
official, officer, or employee of City participate in any decision relating to this Agreement which
may affect his/her financial interest or the financial interest of any corporation, partnership, or
L-10
association in which (s)he is directly or indirectly interested, or in violation of any corporation,
partnership, or association in which (s)he is directly or indirectly interested, or in violation of any
State or municipal statute or regulation. The determination of “financial interest” shall be
consistent with State law and shall not include interests found to be “remote” or “noninterests”
pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that
it has not paid or given, and will not pay or give, to any third party including, but not limited to,
any City official, officer, or employee, any money, consideration, or other thing of value as a
result or consequence of obtaining or being awarded any agreement. Consultant further warrants
and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or
collusion that would result in the payment of any money, consideration, or other thing of value to
any third party including, but not limited to, any City official, officer, or employee, as a result of
consequence of obtaining or being awarded any agreement. Consultant is aware of and
understands that any such act(s), omission(s) or other conduct resulting in such payment of
money, consideration, or other thing of value will render this Agreement void and of no force or
effect.
Consultant’s Authorized Initials _______
7.11 Corporate Authority. The persons executing this Agreement on behalf of
the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing
this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the
entering into this Agreement does not violate any provision of any other Agreement to which
said party is bound. This Agreement shall be binding upon the heirs, executors, administrators,
successors and assigns of the parties.
[Signatures On The Following Page]
L-11
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
Jerry V. Duhovic, Mayor
ATTEST:
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William Wynder, City Attorney
CONSULTANT:
Sunbeam Consulting
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
L-12
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2019 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 docume nt.
L-13
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2019 before me, ________________, personally appeared ________________, pro ved 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.
L-14
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following services:
A. Inspecting the work for quality and compliance with plans, specifications and best
construction practices.
B. Interacting with the contractor, the Project Manager, Designer, Residents and all
other stakeholders and to assist with public relations
C. Ensuring extensive photo documentation of existing conditions before work
commences on any segment of the work
D. Keep accurate record of all daily activities to create a comprehensive history and
to monitor all work performed beyond the base-bid scope of work
E. Assist with the measurement of work and monitoring project costs
F. Monitor the Project Schedule and provide guidance to assure the job progresses
with the City’s and residents’ best interest in mind
G. Prepare a punch list and monitor the remedial work through to the final
acceptance
H. Attend all relevant meetings
I. Keep the City Project Manager appraised of all activities and issues on the project
through continual general communications
J. Provide safety oversight, especially with regards to the general public
K. Assist with the closing out of the project
II. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A. Punch List
III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City updated of the status of performance by delivering the
following status reports:
A. Record of daily activities
L-15
IV. All work product is subject to review and acceptance by the City, and must be
revised by the Consultant without additional charge to the City until found
satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
A. Jim Pugh
B. John F. Collins
L-16
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
(a) Inspect work for compliance with specs while work is in progress –We will
provide construction inspection services to ensure that the work is in
compliance with contract documents. We will proactively examine the work
area prior to demolition, take photographs, verify accuracy, assure that the
project is including work areas in accordance with the intent of the project,
and to note any additional concerns that may be present.
(b) Prepare Daily Inspection Reports and submit them to the City. Daily
project reports will be completed in the format required by the City, and
transmitted to the City’s Project Manager expeditiously. Reports will include
daily photographic documentation.
(c) Attend Meetings. Our inspector will attend project meetings, as required
throughout the duration of the projects.
(d) Attend Pre-Construction Meeting. Our inspector will attend the Pre-
Construction meetings, and other meetings when required, with City staff.
(e) Deal with any resident concerns received and report to the City in a timely
fashion. We will immediately transmit to the City any and all resident concerns
generated during the course of the projects.
Sunbeam complies with all State and Federal Prevailing Wage Rate requirements
for our Construction Inspector services.
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.
L-17
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:
RATE
A. Task A $128/hour
B. Task B $128/hour
C. Task C $128/hour
D. Task D $128/hour
E. Task E $128/hour
F. Task F $128/hour
G. Task G $128/hour
H. Task H $128/hour
I. Task I $128/hour
J. Task J $128/hour
K. Task K $128/hour
II. A retention of ten percent (10%) shall be held from each payment as a contract
retention to be paid as a part of the final payment upon satisfactory completion of
services.
III. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 2.3.
IV. 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, the number of hours worked, and the
hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
L-18
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials,
and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed the Contract Sum as
provided in Section 2.1 of this Agreement.
VI. Consultant’s billing rates for all personnel are attached as Exhibit C-1.
L-19
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following
schedule:
Days to Perform Deadline Date
A. Task A As needed Same day
B. Task B As needed Same day
C. Task C As needed Before work commences on segment
D. Task D As needed Same day
E. Task E As needed Same day
F. Task F As needed Same day
G. Task G As needed Within 8 hours of Punch List inspection
H. Task H As needed Same day
I. Task I As needed Same day
J. Task J As needed Same day
K. Task K As needed Within 30 days of construction end
II. Consultant shall deliver the following tangible work products to the City by the
following dates.
A. Punch List within 48 hours of Punch List inspection
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
L-20