CC SR 20200317 I - Hawthorne Median Beautification Project
01203.0006/625353.3
CITY COUNCIL MEETING DATE: 03/17/2020
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to award a construction contract and approve an
additional appropriation for the Hawthorne Boulevard Median Beautification Project.
RECOMMENDED COUNCIL ACTION:
(1) Award a construction contract to Marina Landscape Inc. in the amount of
$1,736,860.30 for the Hawthorne Boulevard Median Beautification Project;
(2) Authorize an additional appropriation of $715,166 for constructing the project;
(3) Award a professional services agreement to Sunbeam Consulting for
construction management and inspection services in the amount of $89,120;
(4) Award a professional services agreement to Jon David Cicchetti for landscape
architectural construction support services in the amount of $15,500;
(5) Provide a 10% contingency to be used for unforeseen circumstances during
construction in an amount not to exceed $173,686. Authorize the City Manager to
execute changes to the agreement with Marina Landscape Inc. using these
contingent funds as required during construction; and
(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, construction management, inspection, landscape
architecture construction support, plus provide for a project
contingency totaling $2,015,166.
Amount Budgeted: $1,300,000
Additional Appropriation: $715,166
Account Number(s): 202-400-8804-8802
(Gas Tax- Street Landscape- Capital)
Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017, would fund all of the
construction costs of this project. The fund balance will be reduced to approximately
$248,574 after fully funding this project and the Crenshaw Boulevard Pavement
Rehabilitation project.
ORIGINATED BY: Ron Dragoo, PE, City Engineer
REVIEWED BY: Elias Sassoon, PE, Director of Public Works
APPROVED BY: Ara Mihranian, AICP, City Manager
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ATTACHED SUPPORTING DOCUMENTS:
A. Construction Agreement with Marina Landscape, Inc. (page A-1)
B. Professional Services Agreement with Sunbeam Consulting, Inc. (page B-
1)
C. Professional Services Agreement with Jon David Cicchetti (page C-1)
D. Proposal from Sunbeam Consulting, Inc. (page D-1)
E. Proposal from Jon David Cicchetti (page E-1)
F. Work area map (page F-1)
BACKGROUND AND DISCUSSION:
Funding for the Hawthorne Boulevard Median Beautification Project was approved by
the City Council in the Fiscal Year 2018-19 and 2019-20 Capital Improvement Program
(CIP) budgets. The project involves the beautification of the median on Hawthorne
Boulevard between Palos Verdes Drive West and Crest Road. The work comprises
furnishing all necessary labor, materials, equipment and other incidental and
appurtenant work necessary to remove the existing green asphalt and construct
improvements associated with landscaping this segment of the median along
Hawthorne Boulevard.
Construction Services
The project was advertised on December 16, 2019 and the bids were opened on
January 14, 2020. Staff reviewed and evaluated the following proposals:
Contractor Base Bid
Marina Landscape Inc. $1,736,860
Yakar $1,795,316
Environmental Construction, Inc. $2,287,611
Kasa Construction $2,420,975
Total Recommended Award $1,736,860
Staff has verified Marina Landscape, Inc.’s references and found its past performance
on jobs of similar size and scope to be satisfactory. Its bid, bonds, and insurance
documents are in order and its contractor’s license is current. Accordingly, staff is
recommending awarding a construction agreement to Marina Landscape, Inc. in the
amount of $1,736,860.
Construction Management and Inspection Services
In 2019, Staff solicited Statements of Qualification (SOQs) from qualified consultant
firms for all Capital Improvement Program (CIP) projects in the Fiscal Year 2019-20 CIP
Budget. A total of 21 consultant firms, including Sunbeam Consulting, Inc., participated
in the process and submitted SOQs. Sunbeam Consulting was selected for the
Hawthorne Boulevard Median Beautification Project based on its expertise,
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performance and experience, and provided a proposal for the project. Given the project
complexity and technical requirements, Sunbeam Consulting is being engaged in order
to provide construction management and inspection services. Due to its familiarity with
the City, the skill of its staff, and its availability and pricing, Staff recommends selecting
Sunbeam Consulting to provide part-time construction management and full-time
inspection services for this project, at a total cost of $89,120.
Total Project Budget and Costs
Adopting Staff’s recommendations will award a construction contract to Marina
Landscape Inc. in the amount of $1,736,860; award a professional services agreement
to Sunbeam Consulting in the amount of $89,120; award a professional services
agreement to the project designer, Jon David Cicchetti, to provide construction-related
design support, such as tagging the landscaping materials and providing on-site
observations to ensure the landscaping is being installed correctly, in the amount of
$15,500; and authorize an additional 10% of the project construction contract amount
($173,686) as a contingency for unforeseen circumstances.
Contractor/Consultant Contract Value
Marina Landscape Inc. $1,736,860
Marina Landscape Inc. 10% Contingency $173,686
Sunbeam Consulting $89,120
Jon David Cicchetti $15,500
Construction Total: $2,015,166
A summary of the project budget and cost is presented below:
8804 – Project Cost Summary
Description Budget Actual Notes
Original Project Budget 1,500,000 1,500,000
Adjusted Budget (100,000) (100,000)
Current Project Budget 1,400,000 1,358,000
Additional Appropriation 715,166 715,166 Pending approval CC
3/17/2020
Total Project Budget 2,115,166 2,073,827
Design Costs
8004 Architectural Landscape
Design
60,100 51,861 Last invoice paid
3/6/2020
8008 Materials Testing 7,820 6,800 Last invoice paid
3/6/2020
Design Sub-total 67,920 58,661
Construction Costs
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8802 Construction 1,736,860 1,736,860 Pending approval CC
3/17/2020
8802 Construction Contingency 173,686 173,686 Pending approval CC
3/17/2020
8802 Construction Mgmt. 7,200 7,200 Pending approval CC
3/17/2020
8004 Arch. Landscape. Design
Support
15,500 15,500 Pending approval CC
3/17/2020
8006 Inspection Services 81,920 81,920 Pending approval CC
3/17/2020
Construction Sub-total 2,015,166 2,015,166
Total Project Costs 2,083,086 2,073,827
Project Balance $ 32,080 $ -
ALTERNATIVES:
In addition to Staff recommendations, the following alternative actions are available for
the City Council’s consideration:
1. Direct Staff to reissue the request for bids to additional contractors.
2. Take other action as deemed appropriate.
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PUBLIC WORKS AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
MARINA LANDSCAPE INC.
AT A-1
AGREEMENT FOR PUBLIC WORKS SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
MARINA LANDSCAPE INC.
THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein "Agreement") is made and
entered into this __ day of 2020 by and between the City of Rancho Palos Verdes, a California
municipal corporation ("City") and MARINA LANDSCAPE INC., a California corporation
("Contractor"). City and Contractor may be referred to, individually or collectively, as "Party" or "Parties."
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a proposal or bid for the performance of the services
defmed and described particularly in Article 1 of this Agreement, was selected by the City to perform those
services.
C. Pursuant to the City of Rancho Palos Verdes Municipal Code, City has authority to enter
into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of those services
defmed and described particularly in Article 1 of this Agreement and desire that the terms of that
performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the
Parties and contained herein and other consideration, the value and adequacy of which are hereby
acknowledged, the parties agree as follows:
ARTICLE 1. WORK OF CONTRACTOR
1.1 Scope of Work.
In compliance with all terms and conditions of this Agreement, the Contractor shall provide
those services specified in the "Scope of Work" attached hereto as Exh ibit 'A" and incorporated herein by
this reference, which may be referred to herein as the "services" or "work" hereunder. As a material
inducement to the City entering into this Agreement, Contractor represents and warrants that it has the
qualifications, experience, and facilities necessary to properly perform the work required under this
Agreement in a thorough, competent, and professional manner, and is experienced in performing the work
and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its
ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow
the highest professional standards in performing the work and services required hereunder and that all
materials will be both of good quality as well as fit for the purpose intended. For purposes of this
Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized
by one or more first-class fmns performing similar work under similar circumstances.
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1.2 Bid Documents.
The Scope of Work shall include the "General Provisions" and "Special Provisions" in the
bid documents for the project entitled THE HAWTHORNE BLVD. MEDIAN BEAUTIFICATION
PROJECT, including any documents or exhibits referenced therein (collectively, "bid documents"), all of
which are incorporated herein by this reference. In the event of any inconsistency between the terms of the
bid documents and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services hereunder in
accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal,
State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Compliance with California Labor Law.
(a) Pu blic Work . The Parties acknowledge that 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) P enalty for Failure to Pay Prevai ling 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) Pavroll 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 peljury, 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.
(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
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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 WorkDay. 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 (1 Yz) 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 AT
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(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 the specified prevailing rate of wages. Contractor shall diligently
take corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits, registrations,
and approvals as may be required by law for the performance of the services required by this Agreement.
Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties
and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance
of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers,
employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed
or imposed against City hereunder.
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1.6 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor (i) has
thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions
attending performance of the services under this Agreement. If the services involve work upon any site,
Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with
the conditions there existing, prior to commencement of services hereunder.
(b) Contractor shall promptly, and before the following conditions are
disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as
defmed in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal
site in accordance with existing law; (ii) subsurface, unknown or latent conditions, materially different from
those indicated; or (iii) unknown physical conditions at the site of any unusual nature, different from those
ordinarily encountered and generally recognized as inherent in work of the character provided for in this
Agreement, and will materially affect the performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that the
conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in
Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change
order per Section 1.10 of this Agreement.
(d) In the event that a dispute arises between City and Contractor whether the
conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost
of, or time required for, performance of any part of the work, Contractor shall not be excused from any
scheduled completion date set, but shall proceed with all work to be performed under the Agreement.
Contractor shall retain any and all rights provided either by contract or by law, which pertain to the
resolution of disputes and protests between the contracting parties.
(e) City will compensate Contractor to the extent required by Government
Code Section 4215 by issuing a change order per Section 1.10 ofthis Agreement.
1.7 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods, including providing and maintaining
storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the
equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses
or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the
work by City, except such losses or damages as caused by City's own negligence. Stored materials shall be
reasonably accessible for inspection. Contractor shall not, without City's consent, assign, sell, mortgage,
hypothecate, or remove equipment or materials which have been installed or delivered and which may be
necessary for the completion of the work.
1.8 Warranty.
Contractor warrants all work under the Agreement (which for purposes of this Section shall
be deemed to include unauthorized work which has not been removed and any non-conforming materials
incorporated into the work) to be of good quality and free from any defective or faulty material and
workmanship . Contractor agrees that for a period of one year (or the period of time specified elsewhere in
the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or
materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall
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within ten (1 0) days after being notified in writing by the City of any defect in the work or non-conformance
of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the
terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in
response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and
replace any portions of the work (or work of other contractors) damaged by its defective work or which
becomes damaged in the course of repairing or replacing defective work. For any work so corrected,
Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year
period, commencing with the date of acceptance of such corrected work. Contractor shall perform such
tests as the City may require to verify that any corrective actions, including, without limitation, redesign,
repairs , and replacements comply with the requirements of the Agreement. All costs associated with such
corrective actions and testing, including the removal, replacement, and reinstitution of equipment and
materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and
guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether
express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of
whether or not such warranties and guarantees have been transferred or assigned to the City by separate
agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the
City. In the event that Contractor fails to perform its obligations under this Section, or under any other
warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have
the right to correct and replace any defective or non-conforming work and any work damaged by such work
or the replacement or correction thereof at Contractor's sole expense . Contractor shall be obligated to fully
reimburse the City for any expenses incurred hereunder upon demand.
1.9 Further Responsibilities of Parties.
Doth parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare
all documents and take all actions as may be reasonably necessary to carry out the purposes of this
Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.10 Additional Work and Change Orders.
(a) 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 Work or
make changes by altering, adding to or deducting from said work. No such extra work may be undertaken
unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein
any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said
adjustments are subject to the written approval of the Contractor ("Change Order"). All Change Orders
must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent ( 10%) of the Contract
Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180)
days; and does not materially affect the Work and which are not detrimental to the Work or to the interest
of the City, may be approved by the Contract Officer. Any greater increases, taken either separately or
cumulatively, must be approved by the City Council.
(c) Any adjustment in the Contract Sum for a Change Order must be in
accordance with the rates set forth in the Schedule of Compensation in Exhibit "C". If the rates in the
Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall
not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of
the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed,
to the satisfaction of the City, as follows:
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(i) Labor: the cost of labor shall be the actual cost for wages of
workers and subcontractors performing the work for the Change Order at the time such work is done . The
use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: the cost of materials and equipment
shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably
available at the time the work is done, whichever is lower.
(iii) If the cost of the extra work cannot be agreed upon, the Contractor
must provide a daily report that includes invoices for labor, materials and equipment costs for the work
under the Change Order. The daily report must include: list of names of workers, classifications, and hours
worked; description and list of quantities of materials used; type of equipment, size, identification number,
and hours of operation, including loading and transportation, if applicable; description of other City
authorized services and expenditures in such detail as the City may require. Failure to submit a daily report
by the close of the next working day may, at the City's sole and absolute discretion, waive the Contractor's
rights for that day.
(d) It is expressly understood by Contractor that the provisions of this Section
1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges
that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly
or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional
compensation therefor. City may in its sole and absolute discretion have similar work done by other
contractors.
(e) 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.
1.11 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 Exhi b it <B" and incorporated herein by this
reference. In the event of a conflict between the provisions of Exh ibi t "B " and any other provisions of this
Agreement, the provisions of Exhibit "B' shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the
amounts specified in the "Schedule of Compensation" attached hereto as Exh ibi t ' C " and incorporated
herein by this reference. The total compensation, including reimbursement for actual expenses, shall not
exceed $1,736 ,860.30 (One Million Seven Hundred and Thirty Six Thousand and Eight Hundred and Sixty
Dollars and Thirty Cents) (the "Contract Sum"), unless additional compensation is approved pursuant to
Section 1.1 0.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services less the contract
retention; (iii) payment for time and materials based upon the Contractor's rates as specified in the Schedule
of Compensation, provided that (a) time estimates are provided for the performance of sub tasks , (b)
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contract retention is maintained and (c) the Contract Sum is not exceeded; or (iv) such other methods as
may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance,
or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified
in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project
meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City
is a critical component of the services. If Contractor is required to attend additional meetings to facilitate
such coordination, Contractor shall not be entitled to any additional compensation for attending said
meetings.
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed and
expenses incurred during the preceding month in a form approved by City's Director of Finance. By
submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all
provisions of the Agreement. The invoice shall 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. Contractor shall not invoice City for any duplicate services performed by more
than one person.
City shall, as soon as practicable, independently review each invoice submitted by the
Contractor to determine whether the work performed and expenses incurred are in compliance with the
provisions of this Agreement. Except as to any charges for work performed or expenses incurred by
Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid
within thirty (30) days of receipt of Contractor's correct and undisputed invoice; however, Contractor
acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment
will occur within this time period. In the event that City does not cause Contractor to be paid within thirty
(30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the
payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any
charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not
later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall
be accompanied by a document setting forth in writing the reasons why the payment request was rejected.
Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of
any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive
any defects in work performed by Contractor.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
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3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in the
"Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When
requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may
be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days
cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable
causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted
to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics,
quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental
agency, including the City, if the Contractor shall within ten (1 0) days of the commencement of such delay
notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the
facts and the extent of delay, and extend the time for performing the services for the period of the enforced
delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's
determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor
be entitled to recover damages against the City for any delay in the performance of this Agreement, however
caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section.
3.4 Inspection and Final Acceptance.
City may inspect and accept or reject any of Contractor's work under this Agreement, either
during performance or when completed. City shall reject or finally accept Contractor's work within forty-
five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise
work shall be deemed to have been rejected. City's acceptance shall be conclusive as to such work except
with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work
by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited
to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.
3.5 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding one (1) years from
the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D ').
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor ("Principals") are hereby designated as being the
principals and representatives of Contractor authorized to act in its behalf with respect to the work specified
herein and make all decisions in connection therewith:
01203.0006/630841.1
Ali Tavakoli
(Name)
Vice President
(Title)
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Hue Ta Vice President of Estimating
(Name) (Title)
Robert B. Cowan
(Name)
Secretary
(Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the
Principals shall be responsible during the term of this Agreement for directing all activities of Contractor
and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor,
and any authorized agents, shall at all times be under the exclusive direction and control of the Principals.
For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be
substantially reduced by Contractor without the express written approval of City. Additionally, Contractor
shall make every reasonable effort to maintain the stability and continuity of Contractor's staff and
subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall
notify City of any changes in Contractor's staff and subcontractors, if any, assigned to perform the services
required under this Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such
authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by
City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's
officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither
Contractor, nor any of Contractor's officers, employees or agents, shall obtain any rights to retirement,
health care or any other benefits which may otherwise accrue to City's employees. Contractor expressly
waives any claim Contractor may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Ron Dragoo, City Engineer, or such person as may be
designated by the City Manager. It shall be the Contractor's responsibility to assure that the Contract Officer
is kept informed of the progress of the performance of the services and the Contractor shall refer any
decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any
approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer
shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City
required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or
means by which Contractor, its agents or employees, perform the services required herein, except as
otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of
Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or
hours of service. Contractor shall perform all services required herein as an independent contractor of City
and shall remain at all times as to City a wholly independent contractor with only such obligations as are
consistent with that role . Contractor shall not at any time or in any manner represent that it or any of its
agents or employees are agents or employees of City. City shall not in any way or for any purpose become
or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of
any joint enterprise with Contractor.
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4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor
shall not contract with any other entity to perform in whole or in part the services required hereunder without
the express written approval of the City. All subcontractors shall obtain, at its or Contractor's expense, such
licenses, permits, registrations and approvals (including from the City) as may be required by law for the
performance of any services or work under this Agreement. In addition, neither this Agreement nor any
interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by
operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of
City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in
concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor,
taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer,
including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the
Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Without limiting Contractor's indemnification of City, and prior to commencement of any
services under this Agreement, Contractor 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) Genera l liabi lity insurance. Contractor 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 $2,000,000 per occurrence, $4,000,000 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. Contractor 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 Contractor 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 lia bility (errors & om issions) insurance . Contractor 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 Contractor 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 ' compensatio n insurance. Contractor shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least
$1,000,000).
(e) Subcontractors. Contractor shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each subcontractor. All
coverages for subcontractors shall include all of the requirements stated herein.
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(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 insu ranc e. Contractor 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. Contractor 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 Contractor, its agents,
representatives, employees or subcontractors.
(c) Primary/noncontributing. Coverage provided by Contractor 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) C ity 's right s 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 Contractor or City will withhold amounts sufficient to pay premium from Contractor
payments. In the alternative, City may cancel this Agreement.
(e) Acceptable in surers . 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 Contractor or others providing insurance
evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor
hereby waives its own right of recovery against City, and shall require similar written express waivers and
insurance clauses from each of its subcontractors.
(g) E n forcement of contract provisions (n on-est oppel). Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with
any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limi ting. 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
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to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains
higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the
higher limits maintained by the Contractor. 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. Contractor 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 (1 0) 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.
(1) Separation of insureds. A severability of interests provision must apply for all
additional insureds ensuring that Contractor'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) Pas s through clause. Contractor 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 Contractor, provide the same minimum insurance coverage and endorsements required of Contractor.
Contractor 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. Contractor 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 revi se s pecifications. 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
Contractor ninety (90) days advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation.
(o) Sel f-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. Contractor shall give City prompt and timely notice of
claims made or suits instituted that arise out of or result from Contractor's performance under this
Agreement, and that involve or may involve coverage under any of the required liability policies.
( q) Additional insurance. Contractor 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.
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5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will hold and
save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration
or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions
or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by
any person, firm or entity arising out of or in connection with the negligent performance of the work,
operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or
invitees, or any individual or entity for which Contractor is legally liable ("indemnitors"), or arising from
Contractor's or indemnitors' reckless or willful misconduct, or arising from Contractor's or indemnitors'
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any
of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees
incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection with the
negligent performance of or failure to perform such work, operations or activities of Contractor hereunder;
and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising
out of or in connection with the negligent performance of or failure to perform the work, operation or
activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees,
any and all costs and expenses incurred by the City, its officers, agents or employees in such action or
proceeding, including but not limited to, legal costs and attorneys' fees.
In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified
Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark
on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by
Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the
lawful right to sell the same.
Contractor shall incorporate similar indemnity agreements with its subcontractors and if it
fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of
City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification
includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or
willful misconduct of Contractor in the performance of professional services and work hereunder. The
provisions of this Section do not apply to claims or liabilities occurring as a result of City's sole negligence
or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities
resulting in part from City's negligence, except that design professionals' indemnity hereunder shall be
limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the
design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and
shall survive termination of this Agreement.
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5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third-party claim relating to the
work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred
in providing such notification.
5.5 Performance and Labor Bonds.
Concurrently with execution of this Agreement Contractor shall deliver to the City, the
following:
(a) A performance bond in the amount of the Contract Sum of this Agreement,
in the form provided by the City Clerk, which secures the faithful performance of this Agreement.
(b) A labor and materials bond in the amount of the Contract Sum of this
Agreement, in the form provided by the City Clerk, which secures the payment of all persons furnishing
labor and/or materials in connection with the work under this Agreement.
Both the performance and labors bonds required under this Section 5.5 shall contain the
original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and
current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire
term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs
all terms and conditions of this Agreement and pays all labor and materials for work and services under this
Agreement.
5.6 Sufficiency of Insurer or Surety.
Insurance and bonds required by this Agreement shall be satisfactory only if issued by
companies qualified to do business in California, rated "A" or better in the most recent edition of Best's
Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category
Class VII or better, unless such requirements are waived by the Risk Manager of the City ("Risk Manager")
due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event
the Risk Manager determines that the work or services to be performed under this Agreement creates an
increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the
insurance policies and the performance bond required by Section 5.5 may be changed accordingly upon
receipt of written notice from the Risk Manager.
5.7 Substitution of Securities.
Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent
securities for any funds withheld to ensure performance under this Agreement may be permitted at the
request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an escrow
agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions
funds earned directly to the escrow agent at the sole expense of the Contractor.
5.8 Release of Securities.
City shall release the Performance and Labor Bonds when the following have occurred:
(a) Contractor has made a written request for release and provided evidence
of satisfaction of all other requirements under Article 5 of this Agreement;
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(b) the Work has been accepted; and
(c) after passage ofthe time within which lien claims are required to be made
pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor Bond until such
claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable
law.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts,
invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in
compliance with all applicable laws, or other documents relating to the disbursements charged to City and
services performed hereunder (the "books and records"), as shall be necessary to perform the services
required by this Agreement and enable the Contract Officer to evaluate the performance of such services.
Any and all such documents shall be maintained in accordance with generally accepted accounting
principles and shall be complete and detailed. The Contract Officer shall have full and free access to such
books and records at all times during normal business hours of City, including the right to inspect, copy,
audit and make records and transcripts from such records. Such records shall be maintained for a period of
3 years following completion of the services hereunder, and the City shall have access to such records in
the event any audit is required. In the event of dissolution of Contractor's business, custody of the books
and records may be given to City, and access shall be provided by Contractor's successor in interest.
Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the
books and records if a public records request is made and disclosure is required by law including but not
limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer shall require.
Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to
be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes
aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease
the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost
of the project being designed, Contractor shall promptly notify the Contract Officer of said fact,
circumstance, technique or event and the estimated increased or decreased cost related thereto and, if
Contractor is providing design services, the estimated increased or decreased cost estimate for the project
being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the "documents and materials") prepared
by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the
property of City and shall be delivered to City upon request of the Contract Officer or upon the termination
of this Agreement, and Contractor shall have no claim for further employment or additional compensation
as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents
and materials hereunder. Any use, reuse or assignment of such completed documents for other projects
and/or use of uncompleted documents without specific written authorization by the Contractor will be at
the City's sole risk and without liability to Contractor, and Contractor's guarantee and warranties shall not
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extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use.
Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall
provide for assignment to City of any documents or materials prepared by them, and in the event Contractor
fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
Moreover, Contractor with respect to any documents and materials that may qualify as "works made for
hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for
hire" for the City.
6.4 Confidentiality and Release of Information.
(a) information gained or work product produced by Contractor in
performance of this Agreement shall be considered confidential, unless such information is in the public
domain or already known to Contractor. Contractor shall not release or disclose any such information or
work product to persons or entities other than City without prior written authorization from the Contract
Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City Attorney,
voluntarily provide documents, declarations, letters of support, testimony at depositions, response to
interrogatories or other information concerning the work performed under this Agreement. Response to a
subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such
court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of
Contractor, provides any information or work product in violation of this Agreement, then City shall have
the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including
attorneys' fees, caused by or incurred as a result of Contractor's conduct.
(d) Contractor shall promptly notify City should Contractor, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery request, court
order or subpoena from any party regarding this Agreement and the work performed there under. City
retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or
similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity
to review any response to discovery requests provided by Contractor. However, this right to review any
such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions concerning
any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior
Court of the County ofLos Angeles, State of California, or any other appropriate court in such county, and
Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such
action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District
of California, in the County of Los Angeles, State of California.
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7.2 Disputes.
(a) Default; Cure. In the event that Contractor is in default under the terms of
this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any
work performed after the date of default. Instead, the City may give notice to Contractor of the default and
the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Contractor is in default, the City shall hold all
invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative,
the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of
default. If Contractor does not cure the default, the City may take necessary steps to terminate this
Agreement under this Article. Any failure on the part of the City to give notice of the Contractor's default
shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision
of this Agreement.
(b) Dispute Resolution. This contract is subject to the provisions of Article 1.5
(commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the
resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the
filing of claims and supporting documentation by the Contractor, for the response to such claims by the
City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-
binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the
failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of
Article 1.5 as though fully set forth herein.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute
hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered
by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or
omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event
that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any
indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any
payment due, without liability for interest because of such withholding, an amount sufficient to cover such
claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the
obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of
any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a
waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of
any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.
No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall
impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be
in writing and shall not be a waiver of any other default concerning the same or any other provision of this
Agreement.
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7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or
more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any
other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific
performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy
consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor
shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a
legal action under this Agreement.
7. 7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement
would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the
Contractor and its sureties shall be liable for and shall pay to the City the sum of $1,000 (One Thousand
Dollars) as liquidated damages for each working day of delay in the performance of any service required
hereunder, as specified in the Schedule of Performance (Exhibit "D"). The City may withhold from any
monies payable on account of services performed by the Contractor any accrued liquidated damages.
Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay
in completion of the project when such delay was caused by the failure of the public agency or owner of
the utility to provide for removal or relocation of utility facilities.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this Contract at
any time, with or without cause, upon thirty (30) days' written notice to Contractor, except that where
termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be
determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Contract
at any time, with or without cause, upon sixty (60) days' written notice to City, except that where
termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor
may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer. Except where the
Contractor has initiated termination, the Contractor shall be entitled to compensation for all services
rendered prior to the effective date of the notice of termination and for any services authorized by the
Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved
by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated
termination, the Contractor shall be entitled to compensation only for the reasonable value of the work
product actually produced hereunder. In the event of termination without cause pursuant to this Section, the
terminating party need not provide the non-terminating party with the opportunity to cure pursuant to
Section 7 .2.
-18-
01203.0006/630841.1 A-19
7.9 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7 .2, take over the work and prosecute
the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the
total cost for completion of the services required hereunder exceeds the compensation herein stipulated
(provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any
payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as
previously stated.
7.10 Attorneys' Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such action or
proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled
to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a
party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action,
taking depositions and discovery and all other necessary costs the court allows which are incurred in such
litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be
enforceable whether or not such action is prosecuted to judgment.
7.11 Unfair Business Practices Claims.
In entering into this Agreement, Contractor offers and agrees to assign to the City all rights,
title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §
15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of
the Business and Professions Code), arising from purchases of goods, services or materials related to this
Agreement. This assignment shall be made and become effective at the time the City renders final payment
to the Contractor without further acknowledgment of the Parties.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any
successor in interest, in the event of any default or breach by the City or for any amount which may become
due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or
which would in any way hinder Contractor's performance of services under this Agreement. Contractor
further covenants that in the performance of this Agreement, no person having any such interest shall be
employed by it as an officer, employee, agent or subcontractor without the express written consent of the
Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any
conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement
which effects his financial interest or the fmancial interest of any corporation, partnership or association in
-19-4t
01203.0006/630841.1 A-20
which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor
warrants that it has not paid or given and will not pay or give any third party any money or other
consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, there shall be no discrimination against or segregation of, any person or
group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status,
national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall
take affirmative action to insure that applicants are employed and that employees are treated during
employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital
status, national origin, ancestry, or other protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall
not employ unauthorized aliens as defmed therein. Should Contractor so employ such unauthorized aliens
for the performance of work and/or services covered by this Agreement, and should any liability or
sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall
reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs,
including attorneys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either served
personally or sent by prepaid, first-class mail, in the case ofthe 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, Ranchos Palos Verdes, California 90275 and in the case of the Contractor, to the person 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. All correspondence relating to this Agreement shall be serialized consecutively.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of this
Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
-20-
01203 .0006/630841.1 A-21
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements between
the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous
negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be
used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless
made in writing and approved by the Contractor and by the City Council. The parties agree that this
requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections
contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a
court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining
phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as
severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision
is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this
Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this
Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this
Agreement which may affect his/her financial interest or the financial interest of any corporation,
partnership, or association in which (s)he is directly or indirectly interested, or in violation of any
corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of
any State or municipal statute or regulation. The determination of "financial interest" shall be consistent
with State law and shall not include interests found to be "remote" or "noninterests" pursuant to
Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given,
and will not pay or give, to any third party including, but not limited to, any City official, officer, or
employee, any money, consideration, or other thing of value as a result or consequence of obtaining or
being awarded any agreement. Contractor further warrants and represents that (s)he/it has not engaged in
any act(s), omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City official,
officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor
is aware of and understands that any such act( s ), omission( s) or other conduct resulting in such payment of
money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Contractor's Authorized Initials _ll_r __
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on
behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of
this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other
Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors,
administrators, successors and assigns of the parties.
-21-AT
01203 .0006/630841 .1 A-22
[SIGNATURES ON FOLLOWING PAGE]
-22-AT
01203.0006/630841.1 A-23
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
ATTEST:
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CITY:
CITY OF RANCHO PALOS VERDES , a
municipal corporation
John Cruikshank, Mayor
CONTRACTOR:
MARINA LANDSCAPE INC., a California
corporation {__
By:i!e: Ali:1«
Title: Vi e Presi dent
By: N~am~e:~H~u~~~~---------------
Title: Vice P r
Address: 3707 W. Garden Grove Blvd
Orange, CA 92868-4803
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.
-23-Af
01203 .0006/630841.1 A-24
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
" .. \. \D1'WM P\1 k6U L A I ~ J!.l _·
On m (A reM 3 ' 2020 before me, b¥\Jtf!\ hW~ \" ' jlelionally appeared VI ·fa liZ{ ~VI ' proved to
me on the basis of satisfactory evidence to be the person (~) whose names(t) is/are subscribed to the within
instrument and acknowledged to me that he /she/they executed the same in his/h6f!ltheir authorized
capacity(i.es ), and that by hls /h ~r signature'-') on the instrument the person(.g), or the entity upon behalf
of which the person(1) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the ~tat»o.t: Califq !h~ U,1~.,fgreroing
paragraph is true and c~ rrect. ! ~ KRJS"'EN NESS
;i
\
1
Jf\ ~ (fS-~~~1 l<ot~ry Pub lic • Cdlifornid ~
, __ , ~· 1. \~ _ J:i ~~i) Orange County >
WITNESS my mnKI.~:l d,J.q pl seaL l ~~.·~.(-;_,. ~ Commission~ 226 7970 [
• \ J ~ 1\ j 1,.~ My Co rr.m. Exp1r es Nov 25 , 2022 I
S1gnature: ----->.------'----,~Nr-J.>..LI_.,\,_HI/If---------~~ r
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
CAP A CITY CLAIMED BY SIGNER
D INDIVIDUAL
0 CORPORATE OFFICER
0
0
0
0
0
TITLE(S)
PARTNER(S) 0 LIMITED
D GENERAL
ATTORNEY -IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER~-------------------
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203.0006/630841.1 A-1
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
Af A-25
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
\-11y\1 ~~li?~l L tM On ffifAr::f.\1\ ; ' 2020 before me, 'UD s~.ert ~:fJi'} N ~\V'•_t ~ersonally appeared ~-e. :to\ ' proved to
me on the basis of satisfactory evidence to be the person(t) whose names(8) is/are subscribed to the within
instrument and acknow !edged to me that he/shettltey executed the same in bjs/hefftheir authorized
capacity(ies), and that by his/h ~ignatureV;') on the instrument the person(.s ,, or the entity upon behalf
of which the person~ 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.
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
CAP A CITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORATE OFFICER
0
0
0
0
0
TITLE(S)
PARTNER(S) 0 LIMITED
D GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER~-------------------
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203.0006/630841.1 A-2
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
AT A-26
EXHIBIT "A"
SCOPE OF WORK
I. The Scope of Work shall include the "General Provisions" and "Special Provisions" in the bid
documents for the project entitled THE HAWTHORNE BLVD. MEDIAN BEAUTIFICATION
PROJECT, including any documents or exhibits referenced therein (collectively, "bid documents"),
all of which are incorporated herein by this reference. In the event of any inconsistency between
the terms of the bid documents and this Agreement, the terms of this Agreement shall govern.
II. Brief description of the work to be performed:
In general, the work comprises without limitation, furnishing all necessary labor, materials,
equipment and other incidental and appurtenant work necessary to install new landscape planting,
median paving, and bio-swale landscape system in the medians along Hawthorne Boulevard from
Palos Verdes Drive West to Crest Road, within the City of Rancho Palos Verdes. The work includes
developing a traffic control plan and Storm Water Pollution Prevention Plan, removing existing
green asphalt and existing topsoil in the medians along Hawthorne Boulevard, hauling off the
waste, installing new plantings, installing all bio-swale system components, installing new concrete
paving, and watering via water truck. The quantity of work to be performed and materials to be
furnished are approximate only, being given as a basis for the comparison ofBids. Actual quantities
of work to be performed may vary at the discretion of the Director ofPublic Works.
The work shall include furnishing all materials, equipment, tools, labor, and incidentals as required
by the Specifications, and Contract Documents.
III. In addition to the requirements of Section 6.2, during performance of the work, Contractor will
keep the City apprised of the status of performance by delivering the following status reports:
A. Standard Daily progress reports
B. Weekly progress reports
C. Payroll certification reports
IV. All work is subject to review and acceptance by the City, and must be revised by the Contractor
without additional charge to the City until found satisfactory and accepted by City.
V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in
accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.
0 1203 .0006 /630841.1 A-3
AT A-27
01203.0006/630841.1
EXHffiiT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
[INTENTIONALLY LEFT BLANK]
B-1
AT A-28
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates on the Bid Sheet submitted as part of Contractor's
Proposal, and listed below:
BID
Bid Price
BID ITEM DESCRIPTION UNIT Marina Landscape Inc.
QUANTITY
Unit Bid Total
1 Mobilization 1 LS 150,000 150,000
2 Traffic Control 1 LS 30,000 30,000 (includes Plan)
3 SWPPP 1 LS 12,000 12,000
Demolition and
4 Disposal of existing 84,798 SF 0.6 50,878.80 green asphalt (depth
varies by median)
Demolition and
5 Disposal of existing 2,721 CY 70 190,470 topsoil (depth varies by
median)
6 Import Topsoil (depth 1,674 CY 80 133,920 varies by median)
7 Rough Grading 84,798 SF 0.6 50,878.80
8 Soil Preparation 49 ,026 SF 0.3 14,707.80
9 Fine grading 83,193 SF 0 .5 41,596.50
10
Boulders install only-96 EA 180 17,280 City to supply Large
11 Medium 116 EA 130 15,080
12 Small 252 EA 90 22,680
13 Black Mexican beach 49,026 SF 10.50 514,773 cobble ( 6" -9")
14 Landscape Filter Fabric 49,026 SF 0.40 19,610.40
15 36" Box Trees 7 EA 920.00 6,440
16 5 Gallon Shrubs 52 EA 18.00 936
17 1 Gallon Shrubs 1,729 EA 8.00 13,832
18 Tree Diaper System at 7 EA 140.00 980 36"Trees
19 Tree Diaper System at 5 52 EA 47.00 2,444 Gallon Shrubs
01203 .0006/630841.1 C-1
Al A-29
Bid Price
BID ITEM DESCRIPTION BID UNIT Marina Landscape Inc.
QUANTITY
Unit Bid Total
20 Bio-swale Curb Inlet 32 EA 2,100 67,200 System
21 Bio-swale Overflow 68 EA 270.00 18,360 Outlet System
22 New Natural Color 35,790 SF 9.50 340,005 Median Concrete
23 Red Stamped Concrete 36 SF 33.00 1,188 Paving Repair
1 Year Landscape and Per
24 Irrigation Maintenance 12 Month 1,800 21,600
Period
TOTAL BASE BID AMOUNT 1,736,860.30
II. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid
as part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the Contract
Officer, funds may be shifted from one item's sub-budget to another so long as the Contract Sum
is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10.
IV. The City will compensate Contractor for the Services performed upon submission of a valid
invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked, and
the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation .
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel
properly charged to the Services.
V. The total compensation for the Services shall not exceed $1,736,860.30 (One Million Seven
Hundred and Thirty Six Thousand and Eight Hundred and Sixty Dollars and Thirty Cents) (the
"Contract Sum"), as provided in Section 2.1 of this Agreement.
01203 .0006/630841.1 C-2 AT
A-30
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work in a timely manner in accordance with the following schedule:
Task Title Days to Perform Deadline Date
Task A Mobilization 3 Weeks (15 working March 2nd, 2020 thru
days) March 20'\ 2020
TaskB Traffic Control and SWPPP Plans 1 Week March 23'd, 2020 thru
(5 working days) March 27 1\ 2020
TaskC Demolition and Removals 6 Weeks March 30th, 2020 thru
(30 working days) May gth, 2020
TaskD Soil Preparation - 3 weeks of overlap 6 Weeks April20th,2020thru
with previous Task (30 working days) May 29th, 2020
TaskE Landscape Construction - 3 weeks of 6Weeks May 11 1\ 2020 thru
overlap with previous Task (30 working days) June 19th, 2020
TaskF Maintenance Operations 1 Year June 22nd, 2020 thru
June 22nd, 2021
II. Contractor shall deliver the following tangible work products to the City by the dates listed above.
1. Mobilization, review existing utilities, preparation of traffic control plan and SWPPP
2. Implement Traffic Control and SWPPP Plans
3. Demolition and Removals
4. Soil Preparation
5. Landscape Construction (This includes new inlet/outlet system, new concrete, new landscape
fabric, new 36" box trees, 36" Box tree diapers, boulders, cobble, new 5 gallon and 1 gallon
shrubs, 5 gallon shrub diapers in that order)
6. Maintenance Operations
III. The Contract Officer may approve extensions for performance of the services in accordance with
Section 3 .2.
01203 .00 06/630841.1 D-1 AT
A-31
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
SUNBEAM CONSULTING
01203.0006/630840.3 EQG 1 B-1
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
SUNBEAM CONSULTING
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and
entered into on , 2020, by and between the CITY OF RANCHO PALOS
VERDES, a California municipal corporation ("City") and SUNBEAM CONSULTING, a
California corporation ("Consultant"). City and Consultant may be referred to , individually or
collectively, as "Party" or "Parties."
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the
services defined and described pmiicularly in Article 1 of this Agreement, was selected by the
City to perform those services.
C. Pursuant to the City of Rancho Palos Verdes Municipal Code, City has authority
to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of
those services defined and described particularly in Article 1 of this Agreement and desire that
the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the Parties and contained herein and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULT Al~T
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall
provide those services specified in the "Scope of Services " attached hereto as Exhibit A' and
incorporated herein by this reference, which may be referred to herein as the "services" or
"work" hereunder. As a material inducement to the City entering into this Agreement, Consultant
represents and warrants that it has the qualifications, experience, and facilities necessary to
properly perform the services required under this Agreement in a thorough, competent, and
professional manner, and is experienced in performing the work and services contemplated
herein. Consultant shall at all times faithfully , competently and to the best of its ability,
experience and talent, perform all services described herein. Consultant covenants that it shall
follow the highest professional standards in performing the work and services required hereunder
and that all materials will be both of good quality as well as fit for the purpose intended. For
0!203.0006/630840.3 EQG B-2
purposes of this Agreement, the phrase "highest professional standards" shall mean those
standards of practice recognized by one or more first-class firms performing similar work under
similar circumstances.
1.2 Consultant's Proposal.
The Scope of Service shall include the Consultant's scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this
Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder
in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and
any Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 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,
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 defmed 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. Consultant shall post job site notices, as prescribed by
regulation.
(b) Prevailing Wages. Consultant 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, Consultant
acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of
the prevailing rate of per diem wages, and Consultant 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. Consultant 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
01203.0006/630840.3 EQG 2 B-3
Consultant 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 Consultant or by any subcontractor.
(d) Payroll Records. Consultant shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Consultant and each subconsultant 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.
(e) Apprentices. Consultant shall comply with and be bound by the provisions
ofLabor Code Sections 1777.5, 1777.6, and 1777.7 and California Code ofRegulations Title 8,
Section 200 et seq . concerning the employment of apprentices on public works projects.
Consultant shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall
provide City with a copy ofthe information submitted to any applicable apprenticeship program.
Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of
its subconsultants shall submit to the City a verified statement of the journeyman and apprentice
hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor
constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code
Section 1810.
(g) Penalties for Excess Hours. Consultant shall comply with and be bound by
the provisions of Labor Code Section 1813 concerning penalties for workers who work excess
hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each
worker employed in the performance of this Agreement by the Consultant 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 Consultant 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 (1 Yz) 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, Consultant 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."
01203 .0006/630840.3 EQG 3 B-4
Consultant's Authorized Initials ----PT----
(i) Consultant's Responsibility for uocontractors. For every subcontractor
who will perform work under this Agreement, Con tant shall be responsible for such
subcontractor's compliance with Division 2, Pmi 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. Consultant 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 the specified prevailing rate of wages. Consultant shall diligently take
corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals
as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest, which may be imposed by law and arise from or are necessary
for the Consultant's performance of the services required by this Agreement, and shall
indemnify, defend and hold harmless City, its officers , employees or agents of City, against any
such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City
hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant's risk until written instructions
are received from the Contract Officer.
1.7 Care of Work
The Consultant shall adopt reasonable methods during the life of the Agreement to
furnish continuous protection to the work, and the equipment, materials , papers, documents ,
plans, studies and/or other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the work by City,
except such losses or damages as may be caused by City's own negligence.
01203.0006/630840.3 EQG 4 B-5
01203.0006/630840.3 EQG 5
1.8 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all
instruments, prepare all documents and take all actions as may be reasonably necessary to carry
out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible
for the service of the other.
1.9 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 costs of the extra
work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the
written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of
the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred
eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Consultant that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to
be provided pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional compensation
therefor. City may in its sole and absolute discretion have similar work done by other
Consultants. No claims for an increase in the Contract Sum or time for performance shall be
valid unless the procedures established in this Section are followed.
1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated
herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any
other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for
actual expenses, shall not exceed $89,120.00 (Eighty Nine Thousand One Hundred and
Twenty Dollars and Zero Cents) (the “Contract Sum”), unless additional compensation is
approved pursuant to Section 1.9.
B-6
2.2 Method of Compensation .
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
contract retention; (iii) payment for time and materials based upon the Consultant's rates as
specified in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not
exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable E:l.J>enses .
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.4,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed
and expenses incurred during the preceding month in a form approved by City's Director of
Finance. By 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, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and
undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run
procedures, the City cannot guarantee that payment will occur within this time period. In the
event any charges or expenses are disputed by City, the original invoice shall be returned by City
to Consultant for correction and resubmission. Review and payment by City for any invoice
provided by the Consultant shall not constitute a waiver of any rights or remedies provided
herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Consultant.
01203.0006/630840.3 EQG 6 B-7
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in
the "Schedule of Performance" attached hereto as Exhib it ' D " and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes,
wars , litigation, and /or acts of any governmental agency, including the City , if the Consultant
shall within ten (1 0) days of the commencement of such delay notify the Contract Officer in
writing of the causes ofthe 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 one (1)
year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
"D").
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant ("Principals") are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the
work specified herein and make all decisions in connection therewith:
01203.0006/630840.3 EQG 7 B-8
Alan Braadvedt
(Name)
(Name)
President
(Title)
(Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only competent personnel to perform services pursuant to this Agreement. Consultant shall make
eve1y reasonable effort to maintain the stability and continuity of Consultant's staff and
subcontractors, if any, assigned to perform the services required under this Agreement.
Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any,
assigned to perform the services required under this Agreement, prior to and during any such
performance.
4.2 Status of ConsuJtant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly confened under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant's officers, employees, or agents are in any manner officials, officers,
employees or agents of City. Neither Consultant, nor any of Consultant's officers, employees or
agents , shall obtain any rights to retirement, health care or any other benefits which may
otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Ron Dragoo, City Engineer, or such person as may be
designated by the City Manager. It shall be the Consultant's responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and the
Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the approval of
the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City
Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of
this Agreement.
01203.0006/630840.3 EQG 8 B-9
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode
or means by which Consultant, its agents or employees, perform the services required herein,
except as otherwise set forth herein. City shall have no voice in the selection, discharge,
supervision or control of Consultant's employees, servants, representatives or agents, or in fixing
their number, compensation or hours of service. Consultant shall perform all services required
herein as an independent contractor of City and shall remain at all times as to City a wholly
independent contractor with only such obligations as are consistent with that role. Consultant
shall not at any time or in any manner represent that it or any of its agents or employees are
agents or employees of City. City shall not in any way or for any purpose become or be deemed
to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any
joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of City. Transfers restricted hereunder shall include the
transfer to any person or group of persons acting in concert of more than twenty five percent
(25%) of the present ownership and/or control of Consultant, taking all transfers into account on
a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy
proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or
any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
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 Offic:e form CA 00 01 covering bodily injury
01203.0006/630840.3 EQG 9 B-10
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 (en·ors & 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 ce1iification
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.
01203 .0006/630840.3 EQG 10 B-11
(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) N otice of cancellati on . 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 (1 0) day notice is required) or nonrenewal of coverage for each
required coverage.
G) 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.
0 1203 .0006/630840.3 EQG 11 B-12
(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.
(1) 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) P ass 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) A gency s right to revi se s pecificat ions. 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 retenti ons. 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) Timelv 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) A dditional 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 property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims
or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein
of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or
01203 .0006/630840.3 EQG 12 B-13
entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or
indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors'
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any
of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys' fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection
with the negligent performance of or failure to perform such work, operations or activities of
Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and
employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to , legal costs and attorneys'
fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if
it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent
permitted by law, shall apply to claims and liabilities resulting in part from City's negligence,
except that design professionals' indemnity hereunder shall be limited to claims and liabilities
arising out of the negligence, recklessness or willful misconduct of the design professional. The
indemnity obligation shall be binding on successors and assigns of Consultant and shall survive
termination ofthis Agreement.
ARTICLE 6. RECORDS. REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the "books and records"), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete
and detailed. The Contract Officer shall have full and free access to such books and records at all
times during normal business hours of City, including the right to inspect, copy, audit and make
01203.0006/6308403 EQG 13 B-14
records and transcripts from such records. Such records shall be maintained for a period of three
(3) years following completion of the services hereunder, and the City shall have access to such
records in the event any audit is required. In the event of dissolution of Consultant's business,
custody of the books and records may be given to City, and access shall be provided by
Consultant's successor in interest. Notwithstanding the above, the Consultant shall fully
cooperate with the City in providing access to the books and records if a public records request is
made and disclosure is required by law including but not limited to the California Public Records
Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost
of work and services to be performed pursuant to this Agreement. For this reason, Consultant
agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that
may or will materially increase or decrease the cost of the work or services contemplated herein
or, if Consultant is providing design services, the cost of the project being designed, Consultant
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the "documents and materials")
prepared by Consultant, its employees, subcontractors and agents in the performance of this
Agreement shall be the property of City and shall be delivered to City upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any
use, reuse or assignment of such completed documents for other projects and/or use of
uncompleted documents without specific written authorization by the Consultant will be at the
City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties
shall not extend to such use, reuse or assignment. Consultant may retain copies of such
documents for its own use. Consultant shall have the right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared
by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify
City for all damages resulting therefrom. Moreover, Consultant with respect to any documents
and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such
documents and materials are hereby deemed "works made for hire" for the City.
6.4 Confidentialitv and Relea e 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
01203.0006/630840.3 EQG 14 B-15
infmmation or work product to persons or entities other than City without pnor written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at
depositions , response to interrogatories or other information concerning the work performed
under this Agreement. Response to a subpoena or comi order shall not be considered "voluntary"
provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees , including attorney's fees , caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant, its officers,
employees , agents or subcontractors be served with any summons, complaint, subpoena, notice
of deposition, request for documents , interrogatories, request for admissions or other di scovery
request, court order or subpoena from any party regarding this Agreement and the work
performed there under. City retains the right, but has no obligation, to represent Consultant or be
present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery requests
provided by Consultant. However, this right to review any such response does not imply or mean
the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGRE EMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los
Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed
after the date of default. Instead, the City may give notice to Consultant of the default and the
reasons for the default. The notice shall include the timeframe in which Consultant may cure the
default. This timeframe is presumptively thirty (30) days, but may be extended, though not
reduced, if circumstances warrant. During the period of time that Consultant is in default, the
City shall hold all invoices and shall, when the default is cured, proceed with payment on the
01203.0006/630840.3 EQG 15 B-16
invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the
outstanding invoices during the period of default. If Consultant does not cure the default, the
City may take necessary steps to terminate this Agreement under this Article. Any failure on the
part of the City to give notice of the Consultant's default shall not be deemed to result in a
waiver of the City's legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention ofFunds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant's acts or omissions in performing or failing to perform Consultant's
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of
City to exercise such right to deduct or to withhold shall not, however, affect the obligations of
the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain
any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
01203 .0006/630840.3 EQG 16 B-17
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this
Agreement would be extremely difficult or impractical to determine in the event of a breach of
this Agreement, the Consultant and its sureties shall be liable for and shall pay to the City the
sum of$ Dollars) as liquidated damages for each working
day of delay in the performance of any service required hereunder. The City may withhold from
any monies payable on account of services performed by the Contractor any accrued liquidated
damages.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant,
except that where termination is due to the fault of the Consultant, the period of notice may be
such shorter time as may be determined by the Contract Officer. In addition, the Consultant
reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60)
days' written notice to City, except that where termination is due to the fault of the City, the
period of notice may be such shorter time as the Consultant may determine. Upon receipt of any
notice of termination, Consultant shall immediately cease all services hereunder except such as
may be specifically approved by the Contract Officer. Except where the Consultant has initiated
termination, the Consultant shall be entitled to compensation for all services rendered prior to the
effective date of the notice of termination and for any services authorized by the Contract Officer
thereafter in accordance with the Schedule of Compensation or such as may be approved by the
Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated
termination, the Consultant shall be entitled to compensation only for the reasonable value of the
work product actually produced hereunder. In the event of termination without cause pursuant to
this Section, the terminating party need not provide the non-terminating party with the
opportunity to cure pursuant to Section 7.2.
7.9 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.
01203 .0006/630840.3 EQG 17 B-18
7.10 Attorneys ' Fees .
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's
fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be
deemed to have accrued on commencement of such action and shall be enforceable whether or
not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES : ON-DISCRIMINATION
8.1 Non-liabilitv of Citv Officers and Emplovees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the
terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant's performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times
avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City
in the performance of this Agreement.
No officer or employee of the City shall have any fmancial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his fmancial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Consultant warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Dis crimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them , that there shall be no discrimination against or segregation of,
any person or group of persons on account of race , color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
01203.0006/630840.3 EQG 18 B-19
religion, se x, gender, sexual orientation, marital status, national ongm, ancestry or other
protected class.
8.4 U nauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C. § 1101 et seq ., as amended , and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this
Agreement, and should any liability or sanctions be imposed against City for such use of
unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such
liabilities or sanctions imposed, together with any and all costs, including attorneys' fees,
incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either
party desires or is required to give to the other party or any other person shall be in writing and
either served personally or sent by prepaid, first-class mail, in the case of the City, to the City
Manager and to the attention of the Contract Officer (with her/his name and City title), City of
Rancho Palos Verdes , 30940 Hawthorne Blvd., Rancho Palos Verdes, 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 tlus Section.
9.2 Interpretation.
The terms of thls 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 authorslllp
of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements , agreements and understandings , if any , between
the parties, and none shall be used to interpret tills Agreement. No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Consultant and by
01203.0006/630840.3 EQG 19 B-20
the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its invalidity deprives
either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation ofNon-CoUusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in
this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or
in violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
"financial interest" shall be consistent with State law and shall not include interests found to be
"remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration,
or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render
this Agreement void and of no force or effect. ~ K
Consultant's Authorized Initials ~
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said pmiy, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE)
0!203.0006/630840.3 EQG 20 B-21
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
ATTEST:
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
JohnCruikshank,11ayor
CONSULTANT:
SUNBEA11 CONSULTING, a California
w~ornt~ ~
By A ro1el
Name: A an Braatvedt
By:.~~~~~~------------
Nam
Title: S
Address: 1817 Josie Ave.,
Long Beach, CA 90815
Two corporate officer signatures required when Consultant is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
01203.0006/630840.3 EQG 21 B-22
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On~~nr~W , 2020 before me,Jdw.lt¥~H Ghw.., p~~~~p~red f~t:JnBow1waf , proved to me on
the basis oflsatisfactory evidence to be t'b.e 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.
\ OPTIONAL
Though the dat\ ~elow is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
D
D
D
0
D
D
0
D
CAP A CITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
PARTNER(S) D LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER. ____________________ ___
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203.0006/630840.3 EQG
DESCRIPTION OF ATTACHED DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
B-23
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORN IA n_
Or.ot~t.,9e
COUNTY OF LOS Al'+G:eLJ!S-
On ft.b . 2'!f~ , 2020 before me,D!.Lee.f'Mwy R,J,job personally appeared [~,./e_j SJr,k11 , proved to me on
the basis of satisfactory evidence to be the person(~) whose names(-s) is /i*'t: subscribed to the within instrument and
acknowledged to me that he/eee4ho,· executed the same in his~ authorized capacity(~). and that by
his~ signature€6) on the instrument the person~), or the entity upon behalf of which the person(~) acted,
executed the instrument.
I certify under PENALTY OF PERJUR. Y under the laws of the State of California that the foregoing paragraph is
true ""d correct l a D. j, 'LEE ~
2 -~ ~ COMM,# 2269552 IJl
WI. TNESS my~1 and ... official se . IJ) i i NOTARY PUBliC·CAI.IfORHIA ~ 0RAHGE COUNTY :
~ ~ IIY COMM . ~· DEC. 13. 2022 l
S1gnature: __:~==~..;_____ _______ ..;_______ -
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.
CAP A CITY CLAIMED BY SIGNER
0 INDIVIDUAL
~ r CORPORATE OFFICER
:>fc re f.~r'f-
0
0
0
0
0
0
TITLE(S)
PARTNER(S) 0 LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER~---------------------
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203 .00 06/630840 .3 EQG
DESCRIPTION OF ATTACHED DOCUMENT
{o, fr~~-~ si'VtW.s A~ltl!"'~"' f
TITLE OR TYPE OF DOCUMENT
NUI\1BER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
B-24
EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will perform the following outreach, construction management, and
construction inspection services (the Services) in conjunction with the Hawthorne Blvd.
Median Beautification Project (the Project):
A. Pre-Construction Phase: Outreach to City, transit, and affected agencies regarding
construction schedule and possible utility conflicts; notification and meetings with
residents regarding construction activity; notification to utilities of schedule and
possible utility conflicts; coordination of construction activities and resident
concerns with City staff and engineer.
1. Construction Phase:
a. A. Construction Management: Consultant will act as the
Construction Manager and will represent the City's interest and
provide oversight over the entire Project. Consultant's mandate is
to work with all parties to deliver the Project on time, at budget,
and to the City's expected standard of quality, scope, and function.
Consultant will use industry-standard practices to manage the
project successfully by addressing all six areas of construction
management services: schedule, cost, safety, quality, function, and
scope.
b. Inspection Services: Consultant will provide inspection and
oversight of the construction works to ensure procedures and
materials comply with plans and specifications. Sunbeam will
provide the following inspection services:
(i) Inspector's daily report preparation
(ii) Examination of quality of installations for conformity to
standards and specifications
(iii) Interpret drawings and specifications and discuss deviations
(iv) Neat, accurate, and complete records maintenance
(v) Active participation in project meetings
(vi) Contractor's schedule monitoring
01203.0006/630840.3 EQG A -1 B-25
(vii) Field testing of soils, concrete and asphalt, and materials
sampling
(viii) Assistance with change order review and completion
(ix) Monitoring and documentation of materials delivered and
incorporated into the work
(x) Punch list preparation and completion monitoring
(xi) Assistance with smooth and timely project close-out
c. Outreach to City, transit, and affected agencies; meetings with
residents; coordination with utilities; coordination with City staff
and engineer.
B. Post-Construction Phase: Outreach with City, transit, and affected agencies and
punch list verification; close-out meetings with residents; verification of utility
completion; coordination with City staff and engineer.
II. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A. NOT APPLICABLE
III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the status of performance by delivering the
following status reports:
A. Updates at weekly meetings during construction of the Project.
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.
A. Consultant will utilize the following personnel to accomplish the Services:
1. Alan Braadvedt, Construction Manager
2. Joseph VanDer Linden, Public Works Inspector
3. John Collins, Public Works Inspector
4. Jim Pugh, Public Works Inspector
01203.0006/630840.3 EQG A-2 B-26
01203.0006/630840.3 EQG
EXIITBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
[INTENTIONALLY LEFT BLANK]
B-1
B-27
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
Task Function Hourly Rate Time (Hrs.) Sub-Budgrt
Task A Construction Management $160 5 $800
Inspection Services $128 0 $0
Task B Construction Management $160 35 $5,600
Inspection Services $128 600 $76,800
TaskC Construction Management $160 5 $800
Inspection Services $128 40 $5 ,120
Total $89,120
The above listed rate includes all mileage, equipment, document delivery, per diem and other
fees and costs incuiTed by the Consultant.
Any overtime hours worked is at a rate of $192 per hour for Inspection Services and $240 per
hour for Construction Manager. "Overtime hours" shall be any hours worked in excess of 9 hours
per day, Monday through Friday, or any hours worked on the weekends.
II. A retention of ten percent (10%) shall be held from each payment as a contract
retention to be paid as part of the final payment upon satisfactory completion of
services. NOT APPLICABLE.
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 1.9.
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 personnel describing the work performed , the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services .
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
01203 .0006/630840 .3 EQG C-1
B-28
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. The Consultant's billing rates for all personnel are attached as Exhibit C-1.
Not Applicable
0 I 203 .0006/630840.3 EQG C-2
B-29
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in lock-step with the Project
construction schedule. The construction schedule will be added to this document once
made available by the construction contractor (Marina Landscape Inc.) at pre-
construction meeting. Parties acknowledge the work is anticipated to begin on or about
March 1, 2020, with a projected end date of June 19, 2020.
II. Consultant shall deliver the following tangible work products to the City by the
following dates. NOT APPLICABLE.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
01203.0006/630840.3 EQG D-1
B-30
CITY OF RANCHO PALOS VERDES
CONTRACT SERVICES AGREEMENT
FOR LANDSCAPE ARCIDTECTURAL CONSTRUCTION SUPPORT SERVICES
FOR THE HAWTHORNE BLVD. MEDIAN BEAUTIFICATION PROJECT
THIS PROFESSIONAL SERVICES AGREEMENT (herein "Agreement") is made and
entered into this March 17, 2020, by and between the CITY OF RANCHO PALOS VERDES, a
California municipal corporation ("City") and JON DAVID CICCHETTI, a sole proprietorship
(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 Consult ant shall perform the work or services set forth in the "Scope of ~ces " 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 defmed 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 , P ermits, 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 ofExhibit '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
1
C-1
contract amount of $15,500 (Fifteen Thousand and Five Hundred Dollars and Zero Cents)
("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
City's Director of Finance. By submitting an invoice for payment under this Agreement,
Consultant is certifying compliance with all provisions of the Agreement. The invoice shall
detail charges for all necessary and actual expenses by the following categories: labor (by sub-
category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor
charges shall also be detailed by such categories. Consultant shall not invoice City for any
duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, 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.
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3.3 Force Majeure. The time period(s) specified in the Schedule of
Performance for performance of the services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control and without the
fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public
enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions,
riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency,
including the City, if the Consultant shall within ten (1 0) 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 1 year from the date hereof, except as otherwise provided in the Schedule of
Performance (Exhibit "D").
4. COORDINATION OF WORK
4.1 Representative of Consultant. Jon David Cicchetii, Owner, 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, City Engineer, 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.
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01203.0006/632319.1 C-3
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,
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) insmance. 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 Insmance. 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.
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01203.0006/632319.1 C-4
(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 right s 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 prov1s1ons (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.
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01203 .0006/632319.1 C-5
(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.
G) Additional insured statu s. 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.
(1) Separation of insured s. 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 t hrough 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 revi se 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 r etent ions. 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
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01203.0006/632319.1 C-6
Parties") against, and will hold and save them and each of them harmless from, any and all
actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or
property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or
threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or
entity arising out of or in connection with the negligent performance of the work, operations or
activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees,
or any individual or entity for which Consultant is legally liable ("indemnitors"), or arising from
Consultant's or indemnitors' reckless or willful misconduct, or arising from Consultant's or
indemnitors' negligent performance of or failure to perform any term, provision, covenant or
condition of this Agreement, 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.
6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records. Consultant shall keep, and require subcontractors to keep, such
ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other
documents relating to the disbursements charged to City and services performed hereunder (the
"books and records"), as shall be necessary to perform the services required by this Agreement
and enable the Contract Officer to evaluate the performance of such services 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.
6.2 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this Agreement or as
the Contract Officer shall require.
6.3 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,
and 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.
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(d) Consultant shall promptly notify the City should Consultant be served
with any summons, complaint, subpoena, notice of deposition, request for documents,
interrogatories, and 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.
6.4 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.
7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law. This Agreement shall be interpreted, construed and
governed both as to validity and to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles,
State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively
in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes; Default. In the event that Consultant is in default under the
terms of this Agreement, the City shall not have any obligation or duty to continue compensating
Consultant for any work performed after the date of default. Instead, the City may give notice to
Consultant of the default and the reasons for the default. The notice shall include the time frame
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.
7.3 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 predude the exerc.1se hy it, ~t the same or
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01203.0006/632319.1 C-8
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.4 Tennination Prior to Expiration of Term. This Section shall govern any
tennination 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.
7.5 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.
8. MISCELLANEOUS
8.1 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
8.2 Non-liability of City Officers and Em ployees. 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.
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01203 .0006/632319.1 C-9
8.3 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
the City, to the City Manager and to the attention of the Contract Officer (with her/his name and
City title), City of Rancho Palos Verdes, 30940 Hawthorne Blvd., California 90275 and in the
case of the Consultant, to the person(s) at the address designated on the execution page of this
Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
8.4 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.
8.5 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.
8.6 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.
8.7 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.
8.8 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
ofthis Agreement or any other rule of construction which might otherwise apply.
8.9 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.
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01203.0006/632319 .1 C-10
8.10 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
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 "non-interests"
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 F
8.11 Corporate Authority. The person s 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]
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01203 .0006/632319 .1 C-11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
ATTEST:
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
Ara M. Mihranian, City Manager
CONSULTANT:
JON DAVID CICCHETTI, a sole
proprietorship
By: Ch ~
Na{J.e: Jon David Cicchetti
Title: Owner
Address: 140 Linden Avenue #286
Long Beach, CA. 90802
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.
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01203.0006/632319.1 C-12
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On 2020 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
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE(S)
PARTNER(S) 0 LIMITED
0 GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
D
0
0
0
0 OTHE R~---------------------
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203.0006/632319.1 A-1
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
C-13
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2020 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 ofthis form.
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORATE OFFICER
0
0
0
0
0
TITLE(S)
PARTNER(S) 0 LIMITED
0 GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER~------------------------
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203 .0006/632319.1
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
2
C-14
EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will provide landscape architectural support services ("Services") for
the Hawthorne Boulevard Median Beautification Project ("Project") as follows:
A. Consultant will conduct tree tagging, which will include visits to nurseries and/or
coordination with nursery representatives to secure plant material for installation
at the Project site.
B. The Consultant will make visits to the Project site to become familiar generally
with the progress and quality of the landscape portion of the construction and to
determine whether the landscaping is being completed correctly. On the basis of
on-site observations, Consultant will keep the City informed of the progress of the
landscaping portion of the construction, and will endeavor to guard the Client
against any defects or deficiencies in the same. The Consultant will not be
responsible for construction means , methods, techniques, sequences of
procedures, or for safety precautions and programs in connection with the
landscape architectural portion of the construction and will not be responsible for
the contractor's failure to carry out the landscape portion of the construction in
accordance with the contractor's agreement with the City.
C . Consultant will conduct construction administration for the landscape portion of
the construction, which includes review of: field reports, submittals, and shop
drawings. The Consultant is also responsible for supporting the City in
responding to requests for information (RFis) related to the landscaping portion of
the Project.
D . Consultant will assist with site supervision for the landscaping portion of the
Project.
0120J .OOOG/GJ2J 19.1
a . Consultant will conduct regular site visits, and will conduct the following
during the site visits:
1. Tag boulders;
11. Observe grading operation;
111. Review tree material description, specification and spot tree
material;
1v. Spot and face boulders;
v. Observe cobble installation;
3
C-15
v1. Spot and supervise the positioning of replacement boulders; and
vii. Review shrub material and spot shrub material.
b. Consultant will participate in a in pre-construction meeting with City and
Contractor.
c. Consultant will participate in weekly construction progress meetings with
City and Contractor (up to 12 meetings).
d. Consultant will participate in a post-construction walk-through of the site
and will add comments to punch list related to issues which need to be
addressed by the Contractor.
e. Consultant will participate in final walk-through to ensure that all items
listed on the punch card are resolved.
II. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
Not Applicable.
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. Weekly Progress Report that include:
a. Completed aspects of the Services;
b. Planned aspects of the Services and anticipated completion time frame;
c. Issues requiring resolution;
d. Schedule assessment and steps to mitigate delays.
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. Jon David Cicchetti.
B. Jeremy Cicchetti.
4
01203 .0006/632319.1
C-16
C. Anna Mendiola.
5
0120J .OOOG /GJ2J 19.1
C-17
01203.0006/632319.1
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
[INTENTIONALLY LEFT BLANK]
B-1
C-18
EXlllBIT "C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:
Task A.
Task B.
Task C.
Task D.
Tree Tagging
Submittal
Reviews
Construction
Administration
Site Supervision
Sub-Total
RATE PER
HOUR
$ 120.00
$ 120.00
$ 120.00
$ 120.00
Reimbursable Expenses
Total
TIME
10 Hours
10 Hours
50 Hours
34 Hours
SUB-BUDGET
$ 1,200.00
$ 1,200.00
$6,000.00
$4,080.00
$12,480
$3,020
$15,500
II. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task sub budget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 2.3.
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, the number of hours worked, and the
hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
C-1
01203.0006/632319.1 C-19
D. Line items for all approved subcontractor labor, supplies, equipment, materials,
and travel properly charged to the Services.
IV. The total compensation for the Services shall not exceed the Contract Sum as
provided in Section 2.1 of this Agreement.
V. Consultant's billing rates for all personnel are attached as Exhibit C-1.
Not Applicable.
01203 .0006/632319.1 C-20
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following
schedule:
A.
B.
C.
D.
A.
Tree Tagging
Submittal
Reviews
Construction
Administration
Site Supervision
Tree Tagging
Days to Perform Following
Notice to Proceed
3 Weeks
3 Week
6 Weeks
6 Weeks
3 Weeks
II. Consultant shall deliver the following tangible work products to the City by the
following dates.
Not Applicable.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
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01203 .0006/632319.1 C-21
Sunbeam Consulting
1817 Josie Avenue
Long Beach, California 90815
Project Management • Construction Management • Civil Engineering Design
Tel: 866.714.BEAM • Fax: 310.329.1021 • www.sunbeamtech.net
January 13, 2020
City of Rancho Palos Verdes
Department of Public Works
30940 Hawthorne Blvd
Rancho Palos Verdes, CA90275
Attention: Ron Dragoo
RE: Hawthorne Blvd. Median Beautification Project
Dear Mr. Dragoo:
Sunbeam Consulting, Inc. is pleased to offer to provide Professional Services to the City of Rancho Palos
Verdes for the Inspection of the Hawthorne Blvd. Median Beautification Project. In addition, we have
included a proposal to provide Construction Management for the project, should that service be
required. We appreciate that this project will have a significant impact to the public, and so are
proposing Joe Van der Linden to provide the Inspection services, as he is particularly skilled in public
relations. We appreciate the consideration and opportunity of providing these services to City of Rancho
Palos Verdes.
The principals of Sunbeam Consulting have decades of experience in civil engineering design, program
management, project management, construction management, and inspection of Capital Improvement
projects. We are able to assist the City of Rancho Palos Verdes in the required capacity, and draw upon
additional resources if needed during the course of the assignment.
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 310.525.0681.
Sincerely,
Alan Braatvedt
President
Sunbeam Consulting
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2 | P a g e
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.
Sunbeam Consulting
1817 Josie Avenue
Long Beach CA 90815
Tel:866.714.BEAM
www.sunbeamtech.net
E-mail: alan@sunbeamtech.net
Direct: 310.525.0678
Contractor License No.
915894 (A & B)
LEED Accredited Professionals
California Registered Engineers
Qualified SWPPP Staff
Civil Engineering
Project Management
Construction Management & Observation
Staff Assistance
NPDES Program Implementation
ADA Assessment & Improvements
Plan Checking
Highway & Infrastructure Design
Storm Drainage & Design
Signing and Striping Plans
Parking Design & Analysis
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City of Rancho Palos Verdes Sunbeam Consulting
Hawthorne Blvd. Median Beautification Project
3 | P a g e
PROJECT UNDERSTANDING
The City of Rancho Palos Verdes plans to remove large portions of the existing median paving in
Hawthorne Blvd. between Crest Road and Palos Verdes Drive West and install various drainage,
hardscape and landscape improvements, including the replacement of relatively small areas of paving.
We recognize that this is a significant project which will have a disruptive affect on a very busy regional
connector road that will require extensive traffic controls. The work will entail the demolition and
hauling off of existing hardscape and segments of curbs and the removal of soil. The installation of the
improvements will include grading, drainage related construction, City supplied boulders, hardscape
paving, cobble and shrub and tree planting and other related work. We understand that with the
construction work located entirely within the right of way, traffic control will be a significant factor and
Sunbeam will closely monitor the contractor’s compliance with the traffic control plans
SCOPE OF SERVICES
From our past experience providing Inspection Services for the City, Sunbeam is aware of the particular
requirements and nuances relating to the work.
Sunbeam Consulting propose to provide Inspection Services which will include:
Dealing with all public relations issues on a daily basis
Constantly monitoring traffic controls and safety precautions including the hauling of materials
Ensure that the installation complies with all requirements
Photograph conditions and activities throughout the project
Liaising with City Staff to keep them fully abreast of all aspects of the project;
Monitoring the work as its installed; documenting the activities, progress and all other relevant
information
Producing daily inspection reports
Coordinating the supply of the City provided boulders
Playing an active role in ensuring that the segments of the project are completed and handed
over as the work progresses
Ensuring that the installed plants are adequately cared for up until the completion of the project
Providing all other services related to the inspection of the work performed by the contractor
In addition, Sunbeam Consulting will provide CM services should they be required. These services will
include:
Creating an agenda, chairing and generating minutes for the preconstruction meeting
Approving the baseline schedule and monitoring progress against the schedule and any particular
City requirements, especially with regards to the work in particular locations at specific times
Reviewing RFIs and submittals and acting as the interface between the City, Designer and
contractor
Agreeing pay applications with the contractor and recommending payments to the City’s Project
Manager
Maintaining accurate records
Closing out of the project
Sunbeam proposes: Joe Van der Linden to provide the Inspection services; with John Collins and Jim Pugh
as back-up for most of the project; and Alan Braatvedt for the CM services. Sunbeam’s team have
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City of Rancho Palos Verdes Sunbeam Consulting
Hawthorne Blvd. Median Beautification Project
4 | P a g e
provided a wide variety of CM and Inspection services for the City on many occasions and fully
understand the City’s needs. All work will be performed to comply with the Project Manager’s directions,
who will be constantly kept in the loop by the Construction Inspector.
FEE PROPOSAL
We understand that the work is scheduled to be completed within 80-days and have provided a Fee
proposal based on that duration. Please note that no provision has been made to oversee the watering of
the plants after the completion of construction, which is requirement of the construction contract.
We have planned to use Joe Van der Linden for both the Inspection and CM role with additional oversight
from Alan Braatvedt
Hawthorne Blvd. Median Beautification Project
Item Days Hrs Rate Amount
Construction Inspection Services – Joe: Full time 80 8 $128.00 $81,920
Construction Management - Alan: When required 15 3 $160.00 $7,200
TOTAL $89,120
This rate is inclusive of mileage, equipment, and other incidental expenses related to the tasks.
This project will require conformance to California Prevailing Wage payment and benefit requirements.
Sunbeam Consulting is registered with the Department of Industrial Relations to provide the required
services.
QUALIFICATIONS AND EXPERIENCE OF FIRM
The principals of Sunbeam Consulting have been working in various capacities and on numerous public
works projects since 2001. Sunbeam Technologies, Inc., doing business as Sunbeam Consulting, provides
civil engineering design, capital improvement project management, construction management and
inspection services to public agencies and private sectors in addition to our founding energy related
services. Sunbeam 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.
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City of Rancho Palos Verdes Sunbeam Consulting
Hawthorne Blvd. Median Beautification Project
5 | P a g e
QUALIFICATIONS AND EXPERIENCE OF KEY INDIVIDUALS
ALAN BRAATVEDT
Senior CM
Mr. Braatvedt has successfully managed a large number of public and
private projects throughout Southern California. With more than 45
years of experience in planning, design, construction management and
development, he is a highly skilled manager of municipal, commercial,
residential and mixed-use developments. His experience includes design,
project management and construction management, as well as, acting as
liaison between development teams, planning/design teams, community
groups and governing agencies to forge public/private partnerships.
RELEVANT EXPERIENCE
Kraemer/La Palma Intersection Improvements, Anaheim, CA: Project Manager. The project was for the
reconstruction and widening of the very busy Kraemer / La Palma intersection, extending south of the
intersection to the 91- Freeway. The work included extensive signal up-grades, widening of roads,
beautification and the construction of a new retaining wall in Caltrans right-of-way. The retaining wall is
a 400’-long x 18’-high MSE wall, which was constructed, in part, above the OC Flood Control District
channel. The pre-fabricated components of the wall were manufactured off-site with inspection from
Caltrans. Construction Cost $3,000,000.
Katella Street Widening: Lewis to State College: Project Manager. This is a major widening, upgrade and
beautification of Katella in the new Platinum Triangle of Anaheim, which has undergone a massive
redevelopment with the construction of thousands of residential units. This is also the gateway to Angel
Stadium, ARTIC, Honda Center and The Grove. The $6 million project, included major utility relocation,
which included the relocation and upgrade of the City’s fiber optic backbone system and the installation
of new utility services to accommodate the adjacent developments. The requirement for right of way
acquisition required extensive coordination with adjacent property owners has been necessary
throughout construction. The beautification included the construction of landscaped medians including
the planting of 130 fully grown palms.
Washington Boulevard Realignment, Rush Pacifica, Culver City, CA: Construction Manager. This project
involved the abandonment of the section of Washington Boulevard at Culver Boulevard and widening of
the adjacent section of Ince Boulevard to accommodate the increased traffic load. This major
undertaking by the City of Culver City will allow for the development of the parcel between Washington
Boulevard and Culver Boulevard into a mixed use office/retail building and the expansion of the Culver
Town Park. Construction Cost $3,000,000.
Canyon Acres Storm Drain Project: Laguna Beach, CA: Project Manager. This $3 million project involved
the relocation of a water main and the installation of a 60 inch storm drain line along the full length of
Canyon Acres drive. The project was extremely challenging project because of it is one road with no
outlet feeding 60 houses and many of the utilities in the middle of the street need to be relocated.
Entered Profession
1974
Education
Civil Engineering Diploma, KZN
Tech, South Africa, 1974
Professional Affiliations
Construction Management
Association of America
American Public Works
Association
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City of Rancho Palos Verdes Sunbeam Consulting
Hawthorne Blvd. Median Beautification Project
6 | P a g e
Anaheim Convention Center Grand Plaza, Anaheim, CA: Construction Manager. The Grand Plaza
development consisted of a 100,000-square-foot outdoor and special event space conveniently located
outside of the convention center's front entrance off of Convention Way. The Grand Plaza seamlessly
created a pedestrian esplanade that spans from the entrance to the Anaheim Convention Center and
flow between the Hilton Anaheim and the Anaheim Marriott hotels. This new, multi-use space creates a
uniquely Southern California outdoor environment that is utilized year-round for a wide variety of
events. With the nature of all stakeholders’ interests involved in this project, extensive coordination
between all developers was needed. The development of the Grand Plaza was completed at the end of
the 2012. Construction Cost $20,000,000.
SR-91 Bridge Widening at East Street, Anaheim, CA: Resident Engineer/Project Manager. This project
involved the modification to the bridge under the 91 Freeway for the widening of East Street. The work
involves the construction of a substantial new drainage system that ties into the OC Flood Control
channel and reconstructing all four ramps, street widening and beautification and reconstructing the
signalized intersections. Extensive coordination with Caltrans Engineering and TMC, OC Public Works
and Southern California Edison Transmission and various utility companies was required. Construction
Cost $2,000,000.
JOSEPH VAN DER LINDEN
Public Works Inspector
Joe is particularly skilled at public relations and a very diplomatic
way of dealing with the public and individual residents. He has
thirty years of experience in inspection, and project management
on Private and Public Works projects from pre-planning through
final punch list approval. Job roles and accountabilities have
included the following:
• Preparing cost proposals
Inspection of large diameter gas pipelines
• Maintain detailed daily project activity reports
• Measure and approve job quantities and pay estimates
• Maintain job specifications and standard detail requirements.
• Communicate with City staff on a daily basis, summarize all work performed daily
• Inspect exterior panel joint caulking and water proof membrane installation and repairs.
• Inspect new and/or rehab sewer pipeline and storm drain installations
Inspect compaction and density for structural fills including trench backfills, building pads, road work
and asphalt paving.
• Coordinate RFI’s, perform quantity takeoffs, project scheduling, submittals, transmittals, change
orders, tracked non-contract work, and resolved field problems
• Prepare job status reports, agendas, approve unit prices from contractors, issue noncompliance and
correction notices.
Create agenda and facilitate progress meetings with architect, contractors and engineers
Entered Profession
1990
Education
BA Business Economics Degree
BS Marketing Degree
Professional Specialties
Public relations specialist
Project administration
Project punch list
S ewer/storm drain systems
Utility room construction
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City of Rancho Palos Verdes Sunbeam Consulting
Hawthorne Blvd. Median Beautification Project
7 | P a g e
Compiled claims against subcontractors and/or owners
Notable Projects:
Harbor Place Tower, Long beach – From excavation to owner occupancy
CSULB Performing Arts Center – From excavation to owner occupancy
Volunteer Leadership and Management positions:
On Board of directors for EO Accelerator
Director of an annual Pro-Am surf contest for 16 years;
Earthquake emergency community leader
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
Entered Profession:
1985 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
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City of Rancho Palos Verdes Sunbeam Consulting
Hawthorne Blvd. Median Beautification Project
8 | P a g e
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
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City of Rancho Palos Verdes Sunbeam Consulting
Hawthorne Blvd. Median Beautification Project
9 | P a g e
REFERENCES
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA
Ron Dragoo, Senior Engineer: Public Works
(310)544-5253
City of Redondo Beach
415 Diamond Street
Redondo Beach, CA 90277
Andy Winje, Public Works Director
(310) 318-0661
City of Signal Hill
2175 Cherry Ave.
Signal Hill, CA 90755
Kelli Tunnicliff, Director of Public Works
(562) 989-7351
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1J){}cape
hitects + Planners
140 LINDEN AVENUE, SUITE 286 I LONG BEACH, CA. 90802 I PH . (562) 989-1880 I E-MAIL: CWCLANDARCH@EARTHLINK.NET
COVER PAGE
Date: February 1 ih, 2020
To:
From:
Ron Dragoo, City of Rancho Palos Verdes -Public Works.
Jon Cicchetti -JDCILA
Subject: Hawthorne Blvd.-Extra Services
We are requesting additional fees for the following tasks:
1) Provide Construction Support Services outlined in Proposal for the Hawthorne Blvd. Project.
Hourly Billing Rates:
Principal
Planner
Landscape Architect
Senior Staff
Draftsperson
Clerical
$150.00 I Hr
120.00 I Hr
120.00 I Hr
100.001Hr
80.00 I Hr
55.00 I Hr
The above is mutually agreed to this ____ day of ________ , 2020.
BY ~b
Jofcicchetti , C.N . 2191
Landscape Architect
BY _____________________ __
Ron Dragoo
DATE_~____,_{ \_~-+)-~_· __ _
DATE ______________________ _
City of Rancho Palos Verdes -Public Works
E-1
1!2~~~:
140 LINDEN AVENUE, SUITE 286 I LONG BEACH , CA . 90802 I PH. (562} 989-1880 I E-MAIL: CWCLANDARCH@EARTHLINK.NET
Date :
PROPOSAL FOR LANDSCAPE ARCHITECTURAL CONSTRUCTION SUPPORT SERVICES
FOR THE HAWTHORNE BLVD. MEDIAN BEAUTIFICATION PROJECT
February 4, 2020
Project:
CONSULTANT :
CLIENT:
ATIENTION:
SCOPE OF WORK:
HAWTHORNE BLVD. MEDIAN BEAUTIFICATION PROJECT
JON DAVID CICCHETII/LANDSCAPE ARCHITECTS
140 Linden Avenue #286
Long Beach, CA. 90802
Department of Public Works 30940 Hawthorne Blvd.
Rancho Palos Verdes, Ca. 90275
Mr. Ron Dragoo, City Engineer
Construction Phase Extra Services
1. Tree tagging which can include visits to nurseries and/or coordination with nursery representatives to secure
plant material.
2. If authorized by Client, the Consultant will make visits to the site to become familiar generally with the progress
and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract
Documents. On the basis of on-site observations the Consu ltant will keep the Client informed of the progress of
the Work, and will endeavor to guard the Client against any defects or deficiencies in the Work of the
Contractor. The Consultant will not be responsible for construction means, methods, techniques, sequences of
procedures, or for safety precautions and programs in connection with the Work and will not be responsible for
the Contractor's failure to carry out the Wo r k in accordance with the Contract Documen t s.
3. Construction Administration, which includes Field Reports, submittal and shop drawing review and response to
requests for information.
4. Site Visits:
a. Tag Boulders
b. Pre-Construction Meeting
c. Weekly Site Meetings (12)
d . Obs erve grading operation
e. Review Tree Material and Spot Tree Material
f. Spot and fa ce boulders
g. Observe cobble installation
h . Review Shrub Material and Spot Shrub Material
i. Punch List Walk
j. Final Walk
COMPENSATION :
Construction Phase Services, Time and Materials Basis
Reimbur sa ble Expenses, Covers Cost of Mylars and Mileage during Construction
N.T.E. $12,500.00
N.T.E . $3,000.00
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N
E B
LVD.HAWTHORNE BLVD.HAWTHORNE BLVD.HAWTHORNE BLVD
.
HAWTH
O
R
N
E
B
L
V
D
.HAWTHORNE BLVD.HAWT
H
O
R
N
E
B
L
V
D.
HAWTHOR
N
E
B
L
V
D
.HAWTHORNE BLVD.HA
W
T
H
O
R
N
E
B
L
V
D
.
HAWTHORNE BLVD.
DUP
RE
D
R
VA
L
LO
N
D
R
PA
LO
S
VER
DES
D
R
WE
ST
(PVDW
)
VIA RI
V
E
RA
ALTA VISTA DR
LOS VER
D
E
S
D
R
I
V
E
HAWTHOR
N
E
B
L
V
D
.
1+00
2+00
3+00
4+00 5+00
6+00
7+00
8+00
9+00
10+0011+0012+
0
0
13
+
00
14+0015+00
16+0017+0018+0019+00
20
+0021+0022+00
23+00
24+00
25+00
26+00
27+00 28+00
29+00
30+00
31+00
32+00
33+00
34+00
35+00
36+00
37+00
38+00
39+00
40+00
41+00
42+00
43+00
44+00
45+00
46+00
47+00
48+00 49+0050+00
51+0
0 52+0053+0054+0055+00 56+0057+0058+0059+0
0 60+0061+0062+0
0 63+0064+0065+0066+00
67+00
68
+0
0
69+0
0
70+0071+0072+00
73+00
74+00
75+00
76+00
77+0
0
78+0079+0080+
0
081+00
82+0083+0084+0085+0086+0087+0088+00
89+
00 90+0
0
91+00
92+00
93+0094+0095+0096+0097+0098+0099+00100+00
101+0
0
102+
00
103+0
0
104+00105+00
106+0
0
107+0
0
108+0
0 109+00
110+
00
111
+0
0
112+
00
111+5
0
1+50
2+50
3+50 4+50
5+50
6+50
7+50
8+509+50
10+5011+50
12+
5
0
13+5
0
14+50
15+5016+5017+5018+5019+5020
+50
21
+
50
22+
5
0
23+5024+5
0
25+50
26+50
27+50 28+50
29+50
30+50
31+50
32+50
33+50
0+50
0+00
34+50
35+50
36+50
37+50
38+50
39+50
40+50
41+50
42+50
43+50
44+50
45+50
46+50
47+50 48+5049+50
50+50
51+50
52+50
53+50
54+50
55+50
56+50
57+50
58+50
59+50
60+50
61+50
62+50 63+5064+5065+5066+50
67
+5
0
68+50
69+5
0
70+50
71+50
72+50
73+50
74+50
75+50
76+5
0
77+50
78+50
79+
5
0
80
+
5
0
81+50
82
+50
83+5084+5085+50 86+5087+5088+50 89+50
90+50
91+50
92+50 93+5094+5095+5096+5097+5
0 98+5099+50100+50
101+50
102+
50
103+5
0
104+5
0 105+50 106+50 107+50108+50 109+50
110+50
TO CITY HALL CRESTMONT LANE
HAW
T
H
O
R
N
E
B
L
V
D
.HAWTHORNE BLVD
.HAWTHORNE BLVD.HAW
TH
OR
N
E
B
LV
D
.HAWTHORNE BLVD.HAW
TH
ORNE
B
LV
D
.
HA
W
T
H
O
R
N
E
B
L
V
D
.
HAWTHORNE BLVD.
HAWTHORNE BLVD.
HAWTHORNE B
L
V
D
.
HAWTHORN
E
B
L
V
D
.
HAWTHO
R
N
E
B
L
V
D
.
HAWTH
O
R
N
E
B
L
V
D
.
HAW
T
H
O
R
N
E
BL
V
D
.
HAWT
H
O
R
N
E
B
L
V
D.
HAW
T
H
O
R
N
E
BL
V
D.
HAW
T
H
O
R
N
E
BL
V
D.HAWTHORNE BLVD
.
HAW
T
H
O
R
N
E
BL
V
D.HAWTHORNE BLVD
.
HAW
T
HO
R
N
E
B
L
V
D
.
HAWTH
O
R
N
E
B
L
V
D
.
HAW
T
H
O
R
N
E
B
L
V
D
.
HAW
THO
RNE
B
LVD
.HAW
T
HO
R
N
E
B
L
V
D
.HAWTHORNE BLVD.HAWTHORNE BLVD.HAWTHORNE BLVD.RYA
N
P
A
R
K
RYAN P
A
R
K
RYA
N
P
A
R
K
VIA CA
P
RI
SHOPPI
N
GCENTERENTRY
SHOPPINGCENTERENTRYHAWTHORNE BLVD.HAWTHORNE BLVD.HAWTHORNE BLVD.HAWTHORNE BLVD.HAWTHORNE BLVD.HAWTHORNE BLVD.HAWTHORNE BLVD.HAWTHORNE BLVD.HAWTHORNE BLVD.
RYAN
P
A
R
K
RYA
N
P
A
R
K
RYAN PARKRYAN PARKRYAN
P
A
R
K
RHONE
D
R
I
V
E
V
A
L
L
O
N
DR
RALPHSENTRY
SCALE: 1" = 800'-0"
400'0 800'1600'0'
LIMIT OF
W
O
R
KLIMIT OF WORKLIMIT OF WORKHAWTH
O
R
N
E
B
L
V
D
.PALOS VERDES
DR
IVE
WEST
C
R
E
S
T
R
O
A
D
HA
W
T
H
O
R
N
E
B
L
V
D
.VIA RIVERAVAL
LON
DR
IVEDUPRE DRIVEALTA VISTA DRIVE
LOS
V
E
R
D
E
S
D
R
I
V
E
CITY HALL
COMMUNITY
PARK
CITY HALL ENTRYCITY YARD
MEDIAN L
MEDIAN K
MEDIAN J MEDIAN I
MEDIAN H
MEDIAN F
MEDIAN G
MEDIAN E
MEDIAN D
MEDIAN C
MEDIAN A
MEDIAN M ROBERT E. RYAN
SHOPPING
CENTER LIMIT OF WORKMEDIAN B
HAWTHORNE BLVD.RHO
N
E
D
R
I
V
E
VIA C
A
P
RI LIMIT OF WORKHAW
T
H
O
R
N
E
BL
V
D.VAL
LON
DR
IVE
NORTH
OVERALL PROJECT LIMITS - HAWTHORNE BOULEVARD MEDIAN BEAUTIFICATION PROJECT
DATE: 02-12-20
F-1