CC SR 20200519 F - Award Coastal Bluff Fence
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 05/19/2020
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to award a construction agreement to Golden Gate
Construction, Inc. and a professional services agreement to Sunbeam Consulting, Inc.,
respectively, for construction and inspection services for the Coastal Bluff Replacement
Fence Project at Vicente Bluffs Reserve.
RECOMMENDED COUNCIL ACTION:
(1) Award a construction agreement to Golden Gate Construction, Inc., in the not-to-
exceed amount of $269,890, for the construction of replacement bluff top fencing
at the Vicente Bluffs Reserve;
(2) Award a professional services agreement to Sunbeam Consulting, Inc., in the not
–to-exceed amount of $21,600, for inspection services;
(3) Authorize the Mayor and City Clerk to execute the agreements in forms approved
by the City Attorney; and,
(4) Authorize the City Manager or Director of Finance to approve amendments up to
an additional 10% ($26,989) as a construction contingency for unforeseen
conditions.
FISCAL IMPACT: This project is scheduled to occur in fall 2020. The $200,000
appropriated in the FY 2019-20 CIP will continue into FY2020-21 plus an additional
$200,000 is proposed for the FY 2020-21 CIP resulting in $400,000 of available funding
to complete this project.
Amount Budgeted: $200,000
Additional Appropriation: N/A
Account Number(s): 330-400-8404-8404 (Trails/Open Space Improvement)
330-400-8404-8006 (Inspection)
ORIGINATED BY: James O'Neill, Engineering Assistant
REVIEWED BY: Elias Sassoon, Director of Public Works
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Construction Agreement with Golden Gate Construction (page A-1)
1
B. Professional Services Agreement with Sunbeam Consulting, Inc. (page B-
1)
C. Bid Opening Report, dated April 21, 2019 (page C-1)
D. Bid Sheet and Bid Schedule submitted by Golden Gate Construction
(page D-1)
E. Designation of Subcontractors form submitted by Golden Gate
Construction (page E-1)
F. Bid Protest from Izurieta Fence Co., dated April 24, 2020 (page F-1)
G. Response to Izurieta Fence, Co., dated May 4, 2020 (page G-1)
H. Proposal submitted by Sunbeam Consulting, Inc. (page H-1)
BACKGROUND AND DISCUSSION:
The Coastal Bluff Fence Replacement Project is intended to replace rusted and
deteriorated fencing along the City’s coastal bluff trails for public safety and aesthetic
purposes, and has been a $200,000 annually funded project in the City’s Capital
Improvement Program (CIP) since FY 2016-17. The City Council-approved FY 2019-20
CIP funds $200,000 for this project, with another $200,000 listed for FY 2020-21. The
funding for FY 2019-20 was intended to replace a section of the coastal bluff fence in
the Vanderlip Park area. However, Staff reassessed the condition of the bluff fencing
and determined that the fencing in the Vicente Bluffs was in need of immediate attention
especially because this area is heavily used by the public. To that end, it was
determined that the replacement fencing at Vanderlip Park could wait an additional year
for replacement.
The project now consists of replacing approximately 4,500 feet of deteriorating metal-
pipe fencing along the bluff side of the Seascape and Golden Cove trails in the Vicente
Bluffs Reserve (adjacent to Oceanfront Estates) with new 3-rail colored, precast
concrete ranch rail fencing which matches the new fencing installed at Lower Point
Vicente adjacent to the Point Vicente Interpretative Center a few years ago. Although
the project’s cost exceeds the $200,000 budget for FY 2019-20, construction is not
expected to occur until the fall of 2020 due to the lead time required to order the precast
concrete fencing. An additional appropriation at this time equates to a continuing
appropriation of the $200,000 from FY 2019-20 paired with an anticipated $200,000
budget for FY 2020-21. This will allow the 4,500 feet of the existing fence to be replaced
under one agreement.
Construction Bids
The project was advertised on March 19, 2020 with a bid deadline of 10 a.m. on April 21,
2020. Eight Bids were received by the deadline (Exhibit C), as summarized in the table
below (listed in order of lowest to highest proposed cost):
2
Contractor Proposed Cost
Golden Gate Construction $269,890.00
Izurieta Fence Co. $305,000.00
DASH Construction Company, Inc. $330,500.00
CEM Construction Corp. $333,250.00
Bellakai Construction $340,000.00
Alcorn Fence $577,910.65
Alfaro Communication Construction, Inc. $585,500.00
KASA Construction, Inc. $634,250.00
* Two additional bids were received after the bid deadline, and were therefore returned
unopened to the respective bidders.
Based on the above, Golden Gate Construction (Golden Gate) was the lowest bidder. In
reviewing the proposal received from Golden Gate, Staff identified one irregularity,
which is also the basis of a bid protest by the second lowest bidder, Izurieta Fence Co.
(Exhibit F). Golden Gate indicated “N/A” on the Designation of Subcontractors form
included with its bid, indicating that it would not use any subcontractors, or more
technically, that it would not subcontract more than one-half of 1% of the work (the
allowable amount under the Standard Specifications ). The bid form included a line item
for “Traffic Control” and Golden Gate listed $2,400 as the value of this work in its bid,
equating to 0.89% of the bid. Although not a stated requirement of published bid
documents, the California Code of Regulations Title 16, Division 8, Article 3 establishes
“C-31 Construction Zone Traffic Control Contractor” as a specialty license for such
work. The description on the Contractor State License Board website for this license is:
A construction zone traffic control contractor prepares or removes lane
closures, flagging, or traffic diversions, utilizing portable devices, such as
cones, delineators, barricades, sign stands, flashing beacons, flashing
arrow trailers, and changeable message signs, on roadways, including,
but not limited to, public streets, highways, or any public conveyance.
Upon further review of the project, the scope of work for the coastal fence replacement
project will not require any lane closures, flagging, or traffic diversions and therefore
Staff recommends that “Traffic Control” (by this definition) be deleted from the scope of
work for the project, that the City Council deem the irregularity in Golden Gate‘s bid
minor and that it be waived.
Staff therefore recommends the construction agreement be awarded to Golden Gate
with the condition that Traffic Control work, defined as work related to lane closures,
flagging or traffic diversions, be deleted subsequent to the award of the contract from
the scope of work, resulting in a contract amount of $267,490 (Attachment A).
3
Inspection Services
Sunbeam Consulting, Inc. is currently contracted by the City to provide inspections
services for Public Works projects. Given its experience in inspecting prior City projects,
including the City’s Coastal Bluff Fence Replacement Projects, Staff recommends
Sunbeam Consulting, Inc. perform inspection services for this project. The proposed
work will occur along heavily used pedestrian trails in the Vicente Bluffs Reserve and
adjacent to the Oceanfront Estates neighborhood resulting in intermittent closure of the
trail. Sunbeam’s proposal (Attachment H) provides both inspection and outreach
services for $21,600.
Staff recommends that a Professional Service Agreement (Attachment B) be awarded
to Sunbeam for this work.
ALTERNATIVES:
In addition to the Staff recommendations, the following alternative actions are available
for the City Council’s consideration:
1. Reject all Bids and direct staff to re-advertise for new bids;
2. Take any other action deemed appropriate
4
01203.0006/646330.1 mkt
PUBLIC WORKS AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
GOLDEN GATE STEEL, INC. DBA GOLDEN GATE CONSTRUCTION
for
COASTAL BLUFF FENCE REPLACEMENT (FY 2019-20)
A-1
-1-
01203.0006/646330.1 mkt
AGREEMENT FOR PUBLIC WORKS SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
GOLDEN GATE STEEL, INC. DBA GOLDEN GATE CONSTRUCTION
THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and
entered into on May 19, 2020 by and between the City of Rancho Palos Verdes, a California
municipal corporation (“City”) and Golden Gate Steel, Inc. dba Golden Gate Construction, 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 defined and described particularly in Article 1 of this Agreement, was selected by the City
to perform those services.
C. Pursuant to the City of Rancho Palos Verdes Municipal Code, City has authority to
enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor 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. 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 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, 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
A-2
-2-
01203.0006/646330.1 mkt
professional standards” shall mean those standards of practice recognized by one or more first-class
firms performing similar work under similar circumstances.
1.2 Bid Documents.
The Scope of Work shall include the “General Provisions” and “Special Provisions”
in the bid documents for the project entitled COASTAL BLUFF FENCE REPLACEMENT (FY
2019-20), 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) Public 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) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply
with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment
of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The
Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or
portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the
work or craft in which the worker is employed for any public work done pursuant to this Agreement
by Contractor or by any subcontractor.
(d) Payroll Records. Contractor shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep
accurate payroll records and verify such records in writing under penalty of perjury, as specified in
A-3
-3-
01203.0006/646330.1 mkt
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 to this Agreement, Contractor and each of its
subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours
performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours
labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code
Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be
bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work
excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each
worker employed in the performance of this Agreement by the Contractor or by any subcontractor
for each calendar day during which such worker is required or permitted to work more than eight (8)
hours in any one calendar day and forty (40) hours in any one calendar week in violation of the
provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code
section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and
forty (40) hours during any one week shall be permitted upon public work upon compensation for all
hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate
of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and
3700 provide that every employer will be required to secure the payment of compensation to its
employees if it has employees. In accordance with the provisions of California Labor Code Section
1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers' compensation or to undertake
self-insurance in accordance with the provisions of that code, and I will comply with
such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors. For every
subcontractor who will perform work under this Agreement, Contractor shall be responsible for such
subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of
the California Labor Code, and shall make such compliance a requirement in any contract with any
subcontractor for work under this Agreement. Contractor shall be required to take all actions
necessary to enforce such contractual provisions and ensure subcontractor's compliance, including
A-4
-4-
01203.0006/646330.1 mkt
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.
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 defined 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 of this Agreement.
A-5
-5-
01203.0006/646330.1 mkt
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 within ten (10) 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.
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,
A-6
-6-
01203.0006/646330.1 mkt
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:
(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
A-7
-7-
01203.0006/646330.1 mkt
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 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 Contractor
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 $267,490 (Two Hundred Sixty Seven Thousand Four Hundred Ninety
Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
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) 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
A-8
-8-
01203.0006/646330.1 mkt
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.
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,
A-9
-9-
01203.0006/646330.1 mkt
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 (10) days of the commencement of such delay notify the Contract Officer in writing of the causes
of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the
time for performing the services for the period of the enforced delay when and if in the judgment of
the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and
conclusive upon the parties to this Agreement. In no event shall 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) 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 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:
Stephen Lim _____________ Project Manager / Superintendent
(Name) (Title)
Yohann Chang ___________ Chief Executive Officer / President
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of
the foregoing Principals were a substantial inducement for City to enter into this Agreement.
Therefore, the 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.
A-10
-10-
01203.0006/646330.1 mkt
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, ass igned 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.
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,
A-11
-11-
01203.0006/646330.1 mkt
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) General liability 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 liability (errors & omissions) 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’ compensation insurance. Contractor shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at
least $1,000,000).
A-12
-12-
01203.0006/646330.1 mkt
(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.
(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. 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) 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 Contractor or City will withhold amounts sufficient to pay
premium from Contractor 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 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.
A-13
-13-
01203.0006/646330.1 mkt
(g) Enforcement of contract provisions (non-estoppel). 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 waiv e
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 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 (10) day notice is required) or nonrenewal of coverage for each required
coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall
be additional insureds under such policies. This provision shall also apply to any excess/umbrella
liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. A severability of interests provision must apply for all
additional insureds ensuring that 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) Pass 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 revise specifications. The City reserves the right at any time
during the term of the contract to change the amounts and types of insurance required by giving the
Contractor ninety (90) days advance written notice of such change. If su ch change results in
substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s
compensation.
A-14
-14-
01203.0006/646330.1 mkt
(o) Self-insured retentions. Any self-insured retentions must be declared to and
approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims. 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.
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
A-15
-15-
01203.0006/646330.1 mkt
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 her eof. 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.
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 suret y 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
A-16
-16-
01203.0006/646330.1 mkt
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;
(b) the Work has been accepted; and
(c) after passage of the 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
A-17
-17-
01203.0006/646330.1 mkt
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 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,
A-18
-18-
01203.0006/646330.1 mkt
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 of Los 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.
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.
A-19
-19-
01203.0006/646330.1 mkt
(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.
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
A-20
-20-
01203.0006/646330.1 mkt
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
Five Hundred Dollars ($500) 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 fourteen (14) 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.
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.
A-21
-21-
01203.0006/646330.1 mkt
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 financial interest of any corporation,
partnership or association in 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.
A-22
-22-
01203.0006/646330.1 mkt
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 defined 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 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 Boulevard, Rancho Palos Verdes, CA 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.
A-23
-23-
01203.0006/646330.1 mkt
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 _______
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
A-24
-24-
01203.0006/646330.1 mkt
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate
any provision of any other Agreement to which said party is bound. This Agreement shall be binding
upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
A-25
-25-
01203.0006/646330.1 mkt
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
____________________________________
John Cruikshank, Mayor
ATTEST:
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONTRACTOR:
GOLDEN GATE STEEL, INC. DBA
GOLDEN GATE CONSTRUCTION, a
California corporation
By: _______________________________
Name: Yohann Chang
Title: Chief Executive Officer/President
By: _________________________________
Name:
Title:
Address: 14775 Carmenita Road
Norwalk, California, 90650
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 SIGNATUR ES
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.
A-26
01203.0006/646330.1 mkt
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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 DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
A-27
01203.0006/646330.1 mkt
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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 DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
A-28
01203.0006/646330.1 mkt A-1
EXHIBIT “A”
SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and
requirements in the “General Provisions” and “Special Provisions” included in the bid
documents for the project entitled COASTAL BLUFF FENCE REPLACEMENT (FY
2019-20), including any documents or exhibits referenced therein.
II. Brief description of the work to be performed:
Demolition and disposal of existing fencing and footings, installation of new three (3) rail,
colored, precast concrete ranch rail fencing, miscellaneous grading and appurtenant items not
mentioned that are required to complete the work. The work shall include furnishing all
materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications,
and Contract Documents, in the City of Rancho Palos Verdes, California.
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. Weekly status reports including 2-week look-ahead schedule.
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.
A-29
01203.0006/646330.1 mkt B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
[INTENTIONALLY LEFT BLANK]
A-30
01203.0006/646330.1 mkt C-1
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:
Item
No. Description Estimated
Quantity
Unit
Meas.
Unit
Price
Extended
Amount
1 Mobilization 1 LS $2,400
2 BMPs 1 LS $1,200
3 Unclassified Excavation 60 CY $121 $7,260
4 Relocations for rocks, irrigation, signs and posts 1 LS $12,100
5 Demolition, disposal and backfill of postholes of
existing fence 4500 LF $6.04 $27,180
6
Construct Three Rail Precast Colored Concrete
Ranch Fence, with epoxy-coated rebar, 4500 Psi
concrete fence components and 3000 Psi footings.
Fence component color Omaha Tan #5084,
footings un-colored.
4500 LF $48.30 $217,350
TOTAL BID SCHEDULE $267,490
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 subbudget 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.
A-31
01203.0006/646330.1 mkt C-2
V. The total compensation for the Services shall not exceed $267,490 as provided in Section 2.1
of this Agreement.
A-32
01203.0006/646330.1 mkt D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work timely in accordance with the following schedule:
Days to Perform Deadline Date
A. All required bonds and
certificates of insurance
5 May 27, 2020
B. All required construction
submittals, as outlined in
the Project Specifications
5 June 3, 2020
C. Complete construction
including punch list work
100 October 23, 2020
II. Contractor shall deliver the following tangible work products to the City by the following
dates.
A. Product samples by June 3, 2020
B. Proof of ordering products by June 24, 2020
III. The Contract Officer may approve extensions for performance of the services in accordance
with Section 3.2.
A-33
01203.0006/646330.1 mkt D-1
PERFORMANCE BOND
WHEREAS, the CITY OF RANCHO PALOS VERDES, (“City”), has awarded to
__________________________________, as Contractor (“Principal”), a Contract for the work
entitled and described as follows:__________________________________________________;
WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond
for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly
bound unto the City in the sum of ________________________________________
($______________), this amount being not less than one hundred percent (100%) of the total
Contract price, lawful money of the United States of America, for payment of which sum well
and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly
and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay
a reasonable attorney’s fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound
Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things stand
and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and
agreements in the said Contract and any alteration thereof, made as therein provided, all within
the time and in the manner designated and in all respects according to their true intent and
meaning, then this obligation shall become null and void; otherwise it shall be and remain in full
force and effect.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration, or modification of the Contract Documents or of the work
to be performed thereunder shall in any way affect its obligations on this bond, and it does
hereby waive notice of such change, extension of time, alteration, or modification of the Contract
Documents or of the work to be performed thereunder.
Executed on 20___.
PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal)
A-34
01203.0006/646330.1 mkt D-2
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service of
process in California, if different from above)
(telephone number of Surety's agent in California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to do
business in and have an agent for service of process in California. Certified copy of Power of
Attorney must be attached.
A-35
01203.0006/646330.1 mkt
PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF RANCHO PALOS VERDES, (“City”), has awarded to
__________________________________, as Contractor (“Principal”), a Contract for the work
entitled and described as follows:__________________________________________________;
WHEREAS, said Contractor is required to furnish a bond in conjunction with said
Contract, to secure the payment of claims of laborers, mechanics, material men, and other
persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly
bound unto the City in the sum of ________________________________________
($______________), this amount being not less than one hundred percent (100%) of the total
Contract price, lawful money of the United States of America, for payment of which sum well
and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly
and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay
a reasonable attorney’s fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its
heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any
work, materials, services, provisions, provender, or other supplies, or for the use of implements
of machinery, used in, upon, for, or about the performance of the work to be done, or for any
work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil
Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with
respect to work or labor performed under the contract; and/or (4) for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of the
Unemployment Insurance Code with respect to such work and labor, then the Surety herein will
pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above
obligation shall be void.
This bond shall inure to the benefit of any of the persons named in Civil Code Section
9100 so as to give a right of action to such persons or their assigns in any suit brought upon the
bond. Moreover, if the City or any entity or person entitled to file stop payment notices is required
to engage the services of an attorney in connection with the enforcement of this bond, each shall be
liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
Said Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration, or modification of the Contract Documents or of the work to be performed
thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of
such change, extension of time, alteration, or modification of the Contract Documents or of the
work to be performed thereunder.
A-36
01203.0006/646330.1 mkt
Executed on , 20____.
PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal)
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of process in California, if different from above)
(telephone number of Surety's agent in California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to do
business in and have an agent for service of process in California. Certified copy of Power of
Attorney must be attached.
A-37
01203.0006/646330.1 mkt
WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Rancho Palos Verdes
Project: _____________________________________________
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in
conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a
form approved by the Insurance Commissioner.
The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to
any cancellation of said policy.
POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:
Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$_________________ Each Accident
$_________________ Disease - Policy Limit
$_________________ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)
A-38
01203.0006/646330.1 mkt
Insurance Company Agent for Service
of Process in California:
Name
Agency
Street Number
City and State
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate
holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed
herein.
This is to certify that the policy has been issued to the named insured for the policy period indicated,
notwithstanding any requirement, term, or condition of any contract or other document with respect
to which this certificate may be issued or may pertain, the insurance afforded by the policy described
herein is subject to all the terms, exclusions, and conditions of such policy.
NOTICE:
No substitution or revision to the above certificate form will be accepted. If the insurance called for
is provided by more than one insurance company, a separate certificate in the exact above form shall
be provided for each insurance company.
A-39
01203.0006/646330.1 mkt
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the
“Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional
insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the
Policy in relation to those activities described generally above with regard to operations performed by or on
behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or
assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute
with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by
one insured under the policy against another insured under the policy. All such claims shall be covered as
third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as provided
under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms,
conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured
under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the
written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change
in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after
written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior
to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy
as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or
incident to the perils insured against in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent
active or passive negligence by the Additional Insureds.
A-40
01203.0006/646330.1 mkt
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager, City of Rancho Palos Verdes, 30940 Hawthorne Boulevard, Rancho Palos Verdes, California
90275.
10. Except as stated above and not in conflict with this endorsement, nothing contained herein
shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this
endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following
inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage
□ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □
12. A □ deductible or □ self-insured retention (check one) of $
applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of
Policy Number .
(signatures on following page)
A-41
01203.0006/646330.1 mkt
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the
Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
A-42
01203.0006/646330.1 mkt
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the
“Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional
insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the
Policy in relation to those activities described generally above with regard to operations performed by or on
behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or
assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute
with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by
one insured under the policy against another insured under the policy. All such claims shall be covered as
third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as provided
under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms,
conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured
under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the
written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change
in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after
written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior
to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy
as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or
incident to the perils insured against in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent
active or passive negligence by the Additional Insureds.
A-43
01203.0006/646330.1 mkt
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
10. Except as stated above and not in conflict with this endorsement, nothing contained herein
shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this
endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following
inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □
12. A □ deductible or □ self-insured retention (check one) of $
applies to all coverage(s) except: (if none, so state). The deductible is applicable □
per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy
Number .
(signatures on following page)
A-44
01203.0006/646330.1 mkt
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the
Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
A-45
01203.0006/646330.1 mkt
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the
“Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional
insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the
Policy in relation to those activities described generally above with regard to operations performed by or on
behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or
assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute
with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought, except with respect to the limits of t he Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by
one insured under the policy against another insured under the policy. All such claims shall be covered as
third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as provided
under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms,
conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured
under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the
written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change
in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after
written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior
to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy
as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or
incident to the perils insured against in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent
active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
A-46
01203.0006/646330.1 mkt
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
10. Except as stated above and not in conflict with this endorsement, nothing contained herein
shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this
endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
□ Following Form
□ Umbrella Liability
□
11. Applicable underlying coverages:
INSURANCE COMPANY POLICY NO. AMOUNT
12. The following inclusions, exclusions, extensions or specific provisions relate to the above
coverages:
13. A □ deductible or □ self-insured retention (check one) of $
applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
14. This is an □ occurrence or □ claims made policy (check one).
15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy
Number .
(signatures on following page)
A-47
01203.0006/646330.1 mkt
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the
Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
A-48
01203.0006/645912.1 mkt 1
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
SUNBEAM SOLAR TECHNOLOGIES INC. DBA SUNBEAM CONSULTING
for
INSPECTION SERVICES FOR THE
COASTAL BLUFF FENCE REPLACEMENT (FY 2019-20) PROJECT
B-1
01203.0006/645912.1 mkt 2
CITY OF RANCHO PALOS VERDES
CONTRACT SERVICES AGREEMENT FOR
INSPECTION SERVICES FOR COASTAL BLUFF FENCE REPLACEMENT
(FY 2019-20) PROJECT
THIS CONTRACT SERVICES AGREEMENT (herein “Agreement”) is made and entered
into this 19th day of May, 2020, by and between the CITY OF RANCHO PALOS VERDES, a
municipal corporation (“City”) and SUNBEAM SOLAR TECHNOLOGIES INC. DBA
SUNBEAM CONSULTING, a California corporation (herein “Consultant”).
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all of the terms and conditions of
this Agreement, the Consultant shall perform the work or services set forth in the “Scope of
Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant
warrants that it has the experience and ability to perform all work and services required hereunder
and that it shall diligently perform such work and services in a professional and satisfactory
manner.
1.2 Compliance With Law. All work and services rendered hereunder shall
be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the
City and any Federal, State or local governmental agency of competent jurisdiction.
1.3 California Labor Law. If the Scope of Services includes any “public
work” or “maintenance work,” as those terms are defined in California Labor Code section 1720
et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total
compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply
with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other
applicable laws.
1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its
sole cost and expense such licenses, permits, and approvals as may be required by law for the
performance of the services required by the Agreement.
1.5 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in the “Special Requirements”
attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict
between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions
of Exhibit “B” shall govern.
2. COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with the “Schedule of Compensation” attached
hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum
contract amount of $21,600 (Twenty One Thousand Six Hundred Dollars) (“Contract Sum”).
B-2
3
01203.0006/645912.1 mkt
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 contain
all information specified in Exhibit “C”, and shall detail charges for all necessary and actual
expenses by the following categories: labor (by sub-category), travel, materials, equipment,
supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such
categories. Consultant shall not invoice City for any duplicate services performed by more than
one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty
five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant
acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that
payment will occur within this time period. In the event any charges or expenses are disputed by
City, the original invoice shall be returned by City to Consultant for correction and resubmission.
Review and payment by the City of any invoice provided by the Consultant shall not constitute a
waiver of any rights or remedies provided herein or any applicable law.
2.3 Additional Services. City shall have the right at any time during the
performance of the services, without invalidating this Agreement, to order extra work beyond that
specified in the Scope of Services or make changes by altering, adding to or deducting from said
work. No such extra work may be undertaken unless a written order is first given by the Contract
Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the
actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said
adjustments are subject to the written approval of the Consultant. Any increase in compensation
of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five
Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by
the Contract Officer. Any greater increases, taken either separately or cumulatively, must be
approved by the City Council. No claim for an increase in the Contract Sum or time for
performance shall be valid unless the procedures established in this Section are followed.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. Consultant shall commence the services
pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all
services within the time period(s) established in the “Schedule of Performance” attached hereto as
Exhibit “D” and incorporated herein by this reference. When requested by the Consultant,
extensions to the time period(s) specified in the Schedule of Performance may be approved in
writing by the Contract Officer but not exceeding thirty (30) days cumulatively.
3.3 Force Majeure. The time period(s) specified in the Schedule of
Performance for performance of the services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control and without the
B-3
4
01203.0006/645912.1 mkt
fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public
enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions,
riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency,
including the City, if the Consultant shall within ten (10) days of the commencement of such delay
notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall
ascertain the facts and the extent of delay, and extend the time for performing the services for the
period of the enforced delay when and if in the judgment of the Contract Officer such delay is
justified. The Contract Officer’s determination shall be final and conclusive upon the parties to
this Agreement. In no 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”).
4. COORDINATION OF WORK
4.1 Representative of Consultant. Alan Braatvedt 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.
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,
B-4
5
01203.0006/645912.1 mkt
provide and maintain at its own expense during the term of this Agreement, policies of insurance
of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in
an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily
injury, personal injury, and property damage. The policy must include contractual liability that has
not been amended. Any endorsement restricting standard ISO “insured contract” language will not
be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and
property damage for all activities of the Consultant arising out of or in connection with Services
to be performed under this Agreement, including coverage for any owned, hired, non-owned or
rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall
maintain professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Consultant agrees to maintain continuous coverage through a period no less than
three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Consultant shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at
least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City
as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers’ compensation. Insurance certificates and endorsements must be
approved by City’s Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
(b) Duration of coverage. Consultant shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Services hereunder by
Consultant, its agents, representatives, employees or subconsultants.
B-5
6
01203.0006/645912.1 mkt
(c) Primary/noncontributing. Coverage provided by Consultant shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City’s own insurance or self -insurance shall
be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain the insurance it deems necessary and any premium
paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient
to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance or
that is on the List of Approved Surplus Line Insurers in the State of Cal ifornia, with an assigned
policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in
accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the
City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each of
its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Consultant of non-compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a given issue and
is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or
a waiver of any type. If the Consultant maintains higher limits than the minimums shown above,
the City requires and shall be entitled to coverage for the higher limits maintained by the
Consultant. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
B-6
7
01203.0006/645912.1 mkt
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall
be additional insureds under such policies. This provision shall also apply to any excess/umbrella
liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer’s limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who is brought onto or involved in
the project by Consultant, provide the same minimum insurance coverage and endorsements
required of Consultant. Consultant agrees to monitor and review all such coverage and assumes
all responsibility for ensuring that such coverage is provided in conformity with the requirements
of this section. Consultant agrees that upon request, all agreements with consultants,
subcontractors, and others engaged in the project will be submitted to City for review.
(n) Agency’s right to revise specifications. The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by
giving the Consultant ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Consultant, the City and Consultant may renegotiate
Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and
approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant’s per formance
under this Agreement, and that involve or may involve coverage under any of the required liability
policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own judgment may be necessary
for its proper protection and prosecution of the work.
5.3 Indemnification. To the full extent permitted by law, Consultant agrees to
indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified
Parties”) against, and will hold and save them and each of them harmless from, any and all actions,
either judicial, administrative, arbitration or regulatory claims, damages to persons or 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
B-7
8
01203.0006/645912.1 mkt
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,
letters of support, testimony at depositions, response to interrogatories or other information
concerning the work performed under this Agreement. Response to a subpoena or court order shall
not be considered “voluntary” provided Consultant gives the City notice of such court order or
subpoena.
(c) If Consultant provides any information or work product in violation of this
Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for
any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of
Consultant’s conduct.
(d) Consultant shall promptly notify the City should Consultant be served with
any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories,
request for admissions or other discovery request, court order or subpoena from any party
regarding this Agreement and the work performed thereunder. The City retains the right, but has
no obligation, to represent Consultant or be present at any deposition, hearing or similar
B-8
9
01203.0006/645912.1 mkt
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 timeframe in
which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may
be extended, if circumstances warrant. During the period of time that Consultant is in default, the
City shall hold all invoices and shall, when the default is cured, proceed with payment on the
invoices. If Consultant does not cure the default, the City may take necessary steps to terminate
this Agreement under this Article.
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 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.
7.4 Termination Prior to Expiration of Term. This Section shall govern any
termination of this Contract except as specifically provided in the following Section for
B-9
10
01203.0006/645912.1 mkt
termination for cause. The City reserves the right to terminate this Contract at any time, with or
without cause, upon fifteen (15) 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 Employees. No officer or employee of
the City shall be personally liable to the Consultant, or any successor in interest, in the event of
any default or breach by the City or for any amount, which may become due to the Consultant or
to its successor, or for breach of any obligation of the terms of this Agreement.
8.3 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 Boulevard, California 90275, and in
B-10
11
01203.0006/645912.1 mkt
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 of
this 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.
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
B-11
12
01203.0006/645912.1 mkt
State or municipal statute or regulation. The determination of “financial interest” shall be
consistent with State law and shall not include interests found to be “remote” or “noninterests”
pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it
has not paid or given, and will not pay or give, to any third party including, but not limited to, any
City official, officer, or employee, any money, consideration, or other thing of value as a result or
consequence of obtaining or being awarded any agreement. Consultant further warrants and
represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion
that would result in the payment of any money, consideration, or other thing of value to any third
party including, but not limited to, any City official, officer, or employee, as a result of
consequence of obtaining or being awarded any agreement. Consultant is aware of and understands
that any such act(s), omission(s) or other conduct resulting in such payment of money,
consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
8.11 Corporate Authority. The persons executing this Agreement on behalf of
the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this
Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering
into this Agreement does not violate any provision of any other Agreement to which said party is
bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and
assigns of the parties.
[Signatures On The Following Page]
B-12
13
01203.0006/645912.1 mkt
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES,
a municipal corporation
Ara M. Mihranian, City Manager
ATTEST:
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONSULTANT:
SUNBEAM SOLAR TECHNOLOGIES
INC. DBA SUNBEAM CONSULTING,
a California corporation
By:
Name: Alan Braatvedt
Title: President
By:
Name: Charles Stephan
Title: Secretary
Address: 1817 Josie Avenue
Long Beach, California 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.
B-13
01203.0006/645912.1 mkt
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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 DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
B-14
01203.0006/645912.1 mkt
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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 whi ch the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
B-15
01203.0006/645912.1 mkt A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following services:
A. Construction inspection for the Coastal Bluff Fence Replacement (FY 2019-20)
Project, which is generally defined as the demolition and disposal of existing fencing
and footings, and installation of new three (3) rail, colored, precast concrete ranch
rail fencing, to be located along the coastal bluff as depicted on the Project Location
Map and finally determined in the field with the Contractor, to ensure that the scope
of services to be performed by Golden Gate Steel, Inc. dba Golden Gate Construction,
a California corporation (“Contractor”), is performed and installed in compliance
with Project Plans & Specifications.
II. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A. Daily inspection reports, including photographs, of scope of work performed by
Contractor.
B. Summary reports of Contractor’s construction activities.
C. Summary of Contractor’s performance based on Contractor’s weekly schedule.
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. Summary of Contractor’s weekly construction activities.
B. Weekly status reports including 2-week look ahead schedule.
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. John F. Collins, Public Works Inspector
B-16
01203.0006/645912.1 mkt B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
[INTENTIONALLY LEFT BLANK]
B-17
C-1
01203.0006/645912.1 mkt
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:
RATE TIME TOTAL
BUDGET
A. Inspection
services
$120 per hour* 180 hours
(approximately 2
hours/day for 90
days)
$21,600
*The $120/hour rate shall be inclusive of mileage, equipment, and all other incidentals.
No overtime is authorized by this Agreement.
II. A retention of ten percent (10%) shall be held from each payment as a contract
retention to be paid as a part of the final payment upon satisfactory completion of
services.
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 2.3.
NOT APPLICABLE
IV. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice is to include:
A. Line items for all the work performed, the number of hours worked, and the hourly
rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and
travel properly charged to the Services.
V. The total compensation for the Services shall not exceed the Contract Sum as provided
in Section 2.1 of this Agreement.
VI. Consultant’s billing rates for all personnel are attached as Exhibit C-1.
NOT APPLICABLE
B-18
D-1
01203.0006/645912.1 mkt
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following
schedule:
Days to Perform Hours/week
(approximately)
Deadline Date
A. Inspection
Services
100** 5 October 23, 2020
**Consultant’s schedule will track Contractor’s construction schedule.
II. Consultant shall deliver the following tangible work products to the City by the
following dates.
A. Daily inspection reports including photographs of work performed submitted
weekly during construction on Mondays.
B. Summary reports of construction activities submitted weekly during construction
on Mondays.
C. Summary of Contractor’s performance based on Contractor’s weekly schedule
submitted weekly during construction on Mondays.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
B-19
C-1
\
City of Rancho Palos Verdes
Public Works Department
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
31 0-544-5252
BID OPENING REPORT
Bids were opened on: 10:00 a.m., April 21, 2020
For: COASTAL BLUFF FENCE REPLACEMENT FY 2019-20
Engineer's Estimate of Probable Cost:
Contractor:
1. 13 e.~~¥.A' Loa.STOo~ p:c. o o
2. \H\S\-\ ~STr"\.1,_!;.."\•o..., Cornran't \'t\t
3. b o\d..~"' ~.g..\: .e., f;_o os,-±r-v..c..±\ f) c
4. R\.\e co C.o M. mlA"'' co.=-\-\'Dn Co(\.s-\ r'""v. cba o
5. A\c...orn te.oc.~
6. \z u...t'" \e. ~A. F~~c c... ~
7 . KA sA t-o l\. ~ ±Y"""\, c.::h o a
8. 0_£M t..on.~TCLAe;t"""IO f)
9 .
Bid Amount:
oO
~'-\.0 , OOD
oo
3~D, 5oo-
00
~(. ~l ~'1 D -
~ ov
C£lf:,'5, ~o D
ll ~s
5\"\.,C\\D-
4 oo
3 05', ooo -
II oo
t, 3 '-L ..J. s-o -
II uo
3~~, l-ao-
10 ·------------------------------------~~~.~,~-----------
Signed : -~~L-....:::..4-£ ______ __
•1f{}t. >~7./ldii 0Z, ~" -• ' .... ~ ~yytove'P
Date : --tH/~2-=-.....;1+~-Zo ___ _
THE ABOVE BID AMOUNTS HAVE NOT BEEN CHECKED ~\5~
THE BID TOTALS ARC GUOJ[CT TO CORRECTION 1\FTER THE BIDS HAVE BEEN COMPLETELY REVIEWEn
W:\Admin Assistant Files\Projects Out to Bid\2020\PAVEMENT STRIPING AND MARKING MAINTENANCE CONTRACT, FROM
D-1
CITY OF RANCHO PALOS VERDES
BID SHEET
COASTAL BLUFF FENCE REPLACEMENT (FY 2019-20)
Bidder's Name: Golden Gate Steel, Inc. DBA Golden Gate Construction
To the Honorable Mayor and Members of the City Council:
In compliance with the Notice Inviting Sealed Bids, the undersigned hereby agrees to enter into a
contract to furnish all labor, materials, equipment and supplies for the project identified as
COASTAL BLUFF FENCE REPLACEMENT (FY 2019-20)
project in accordance with the specifications and plans for demolition, construction and installation
in the Contract Documents which are on file in the office of the Director of Public Works of the
City of Rancho Palos Verdes to the satisfaction and under the direction of the Director of Public
Works at the following prices:
LUMP SUM ITEMS SHALL INCLUDE PROVIDING AND INSTALLATION OF ALL
COMPONENTS STIPULATED WITHIN THE CONTRACT DOCUMENTS AND
NECESSARY INCIDENTALS TO FACILITATE PROVIDING SAID COMPONENTS.
CLEARING, GRADING, AND BMPS SHALL BE CONSIDERED INCLUDED IN THE
INDIVIDUAL BID ITEMS. NO ADDITIONAL PAYMENTS WILL BE MADE.
The quantities reflected on the plans and in the bid-sheets are representative of the amount
of work for each item on the project, but are not final quantities to be used for computing
payment. Payment will be based on the measurement of actual work completed. The
contractor must notify in writing to the project manager of all discrepancies between actual
bid quantities and those shown in the bid document prior to commencement of work in any
area of the project.
P-3
D-2
Item
No.
1
2
3
4
5
6
7
BID SCHEDULE
Description Estimated Unit Unit Extended
Quantity Meas. Price Amount
Mobilization 1 LS $2,40,0.0(1) $2,400 .00
Traffic Control 1 LS $2 ,40 0.00 $2,400 .00
BMPs 1 LS $1 ,200 .(!)0 $1,200 .00
Unclassified Excavation 60 CY $121.00 $7,260 .00
Relocations for rocks , irrigation, signs and posts 1 LS $12,1 00 .00 $12,100 .00
Demolition, disposal and backfill ofpostholes of 4500 LF $6.04 $27,180.00
existing fence
Construct Three Rail Precast Colored Concrete
Ranch Fence, with epoxy-coated rebar, 4500 Psi
concrete fence components and 3000 Psi footings. 4500 LF $48.30 $217 ,350 .00
Fence component color Omaha Tan #5084 ,
footings un-colored .
TOTAL BID SCHEDULE $269,890.00
.
TOTAL BASE BID SCHEDULE IN NUMBERS: $269,890.00
TOTAL BASE BID SCHEDULE IN WORDS: ------------
Two Hundred Sixty Nine Thousand Eight Hundred Ninety Dollars
The contract shall be awarded to the lowest responsible bidder based on the TOTAL
BID.
Note: Some items may be adjusted or deleted. Any changes to the quantities for these items shall
not classify as a substantial change as stipulated in Section 3-2.2.1 of the Standard Specifications .
Therefore, regardless of total actual amount (percentage) compared to estimated quantities, the
unit prices provided above by the Bidder shall be applied to the final quantity when payment is
calculated for these items. No adjustment in the unit prices will be allowed . The City reserves the
right to not use any of the estimated quantities , and if this right is exercised , the Contractor will
not be entitled to any additional compensation. Cost of all export of material shall be included in
the above unit costs; no additional compensation will be granted for such expenses . The Contract
shall be awarded to the lowest responsible Bidder based on the total Bid price. This proposal shall
include provision for at-risk youth employment per specification and grant requirements.
P-4
Addendum #I (April 7, 2020)
E-1DESIGNATION OF SUBCONTRACTORS [Public Contract Code Section 4104] List all Subcontractors who will perform Work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half percent (0.5%) of the Contractor's total Bid or, in the case of bids or offers for the construction of streets or l:ighways, including bridges, in excess ofone-halfpercent (0.5%) ofthe Contractor's total Bid or $10,000, whichever is greater. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors. The Contractor shall perform work amounting to at least 50 percent of the Contract Price per SSPWC 2-3.2 Self Performance. California Contractor's California DIR Type of Name under which License Contractor Work Percentage Subcontractor is Licensed Number(s) Registration (e.g., of Total Bid and Registered and Class(es) Number Address and Phone Number Electrical) (e.g., 10%)1 N/A I --1 The percentage of the total Bid shall represent the "portion of the work" for the purposes of Public Contract Code Section 41 04(b). p-16
City of Rancho Palos Verdes
Public Works Department
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
(310) 544-5252
Bid Protest
Project: COASTAL BLUFF FENCE REPLACEMENT FY 2019-20
Bid Date: 04/21/2020 10AM
Izurieta Fence Company, Inc. is protesting the bid of Golden Gate Construction. After reviewing the
designation of subcontractor from Gold Gate Construction closely, I noticed that they did not list any
subcontractors onto their bid.
On the bid form there is a bid item for traffic control. Golden Gate Construction did not list a traffic
control subcontractor onto their bid. Failure to list a subcontractor for traffic control shall deem Gold Gate
Construction’s bid nonresponsive.
Golden Gate Construction currently holds a California State License classification B, No 429537. They
do not hold a C-31 license classification for traffic control to self-perform this bid item.
Additionally, If Golden Gate Construction hired a traffic control company but did not list them, the
subcontractor bid cannot be in excess of half of 1%. Golden Gate Construction’s total bid came in at
$269,890.00 Theocratically speaking if Golden Gate Construction hires a traffic control company, their
bid must be under $1,349.45 to qualify their bid.
The bids submitted by Golden Gate Construction should be deemed unresponsive and award and
recommendation of this project should go to the lowest and responsive bidder, Izurieta Fence Company,
Inc.
I have attached all supporting documents for review and response.
Respectfully,
Peter Izurieta
F-1
BID SCHEDULE
Item
No. Description Estimated
Quantity
Unit
Meas.
Unit
Price
Extended
Amount
1 Mobilization 1 LS
2 Traffic Control 1 LS
3 BMPs 1 LS
4 Unclassified Excavation 60 CY
5 Relocations for rocks, irrigation, signs and posts 1 LS
6 Demolition, disposal and backfill of postholes of
existing fence 4500 LF
7
Construct Three Rail Precast Colored Concrete
Ranch Fence, with epoxy-coated rebar, 4500 Psi
concrete fence components and 3000 Psi footings.
Fence component color Omaha Tan #5084,
footings un-colored.
4500 LF
TOTAL BID SCHEDULE
TOTAL BASE BID SCHEDULE IN NUMBERS: $________________________________
TOTAL BASE BID SCHEDULE IN WORDS:
_______________________________________________________________________
The contract shall be awarded to the lowest responsible bidder based on the TOTAL
BID.
Note: Some items may be adjusted or deleted. Any changes to the quantities for these items shall
not classify as a substantial change as stipulated in Section 3-2.2.1 of the Standard Specifications.
Therefore, regardless of total actual amount (percentage) compared to estimated quantities, the
unit prices provided above by the Bidder shall be applied to the final quantity when payment is
calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the
right to not use any of the estimated quantities, and if this right is exercised, the Contractor will
not be entitled to any additional compensation. Cost of all export of material shall be included in
the above unit costs; no additional compensation will be granted for such expenses. The Contract
shall be awarded to the lowest responsible Bidder based on the total Bid price. This proposal shall
include provision for at-risk youth employment per specification and grant requirements.
F-2
F-3DESIGNATION OF SUBCONTRACTORS (Public Contract Code Section 4104] List all Subcontractors who will perform Work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half percent (0.5%) of the Contractor's total Bid or, in the case of bids or offers for the construction of streets or tighways, including bridges, in excess ofone-halfpercent (0.5%) ofthe Contractor's total Bid or $10,000, whichever is greater. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors. The Contractor shall perform work amounting to at least 50 percent of the Contract Price per SSPWC 2-3.2 Self Performance. California Contractor's California DIR Type of N arne under which License Contractor Work Percentage Subcontractor is Licensed Number(s) Registration (e.g., ofTotal Bid and Registered and Class(es) Number Address and Phone Number Electrical) (e.g., 10%)1 N/A 1 The percentage of the total Bid shall represent the "portion of the work" for the purposes of Public Contract Code Section 41 04(b). p-16
Contractor's License Detail for License # 429537
Business Information
License Status
Classifications
Bonding Information
Workers' Compensation
Miscellaneous Information
F-4
B - General Building Contractor
✔
Licensing Classifications https://www2.cslb.ca.gov/About_Us/Library/Licensing_Classifications/...
1 of 1 4/24/2020, 5:05 PM
F-5
C-31 - Construction Zone Traffic Control Contractor
✔
Licensing Classifications https://www2.cslb.ca.gov/About_Us/Library/Licensing_Classifications/...
1 of 1 4/24/2020, 5:04 PM
F-6
G-1
lzurieta Fence Co.
3000 Gilroy Street
CITY OF
Los Angeles, California 90039
May 11, 2020
Dear Mr. lzurieta,
RANCHO PALOS VERDES
PUBLIC WORI <S DEPARTMENT
Please allow this letter to serve as the City of Rancho Palos Verdes' ("City") response to your bid
protest letter regarding the Coastal Bluff Fence Replacement (FY 2019-20) project ("Project").
After further review, City staff has determined that the Project can be completed safely without
affecting traffic in the roadways and will therefore recommend that the Traffic Control bid item
be deleted from the Project's scope of work. Accordingly, City staff will recommend that Golden
Gate Construction's failure to designate a sub-contractor for traffic control be deemed
inconsequential and that it be waived on that ground. City staff is therefore recommending that
the contract be awarded to Golden Gate Construction as the lowest bidder.
The City Council will consider City staff's recommendation at its regularly scheduled meeting at
7:00p.m. on Tuesday, May 19, 2020. As this meeting will be conducted via video conference, in
response to COVID-19 concerns, please contact the City Clerk's Office if you wish to participate
in the meeting.
Respectfully,
James S. O'Neill, MPM
Project Manager, Public Works Department
City of Rancho Palos Verdes
Cc: Elias Sassoon, Director of Public Works
City Attorney's office
City Clerk's Office
File
3094 0 HAWTHORNE BOULEVAR D I RJ:I.NCHO PALOS VERDES, CA 90 275-5391 I (3 10) 544-5252 I FAX (3 10) 544-5 292 I WWW.PALOSVERDE S COMI RPV
01203.00061646281.2 PRIN TED ON RECYCLED PAP ER
Sunbeam Consulting
1817 Josie Avenue
Long Beach, California 90815
Project Management • Construction Management • Civil Engineering Design
Tel: 310.525-0684 • www.sunbeamtech.net
April 9, 2020
City of Rancho Palos Verdes
Department of Public Works
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
Attention: James O’Neill
RE: Construction Oversight Services for the City of Rancho Palos Verdes
2019-20 Coastal Bluff Fence Replacement Project
Dear Mr. O’Neill:
The City of Rancho Palos Verdes plans to begin construction on the next phase of the Coastal Bluff
Fencing Project commencing in May/June, 2020. The City is requesting a professional services firm to
provide part-time Construction Oversight services for this project. In general the project will include the
demolition and disposal of existing fencing and footings, grading where necessary and the installation of
4,500 linear feet of new precast concrete ranch rail fencing. The fencing extends about ¾ of a mile
westward of the PVIC property.
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.
Sunbeam proposes John Collins to provide the professional services for this project. John has provided
similar services for the City on two previous bluff fencing projects and a number of other capital
improvement projects throughout the City. We propose Mr. Collins at the prevailing-wage billable rate
of $120.00 per hour.
Sunbeam proposes to provide the requested part-time construction oversight services for 18-weeks of
this 20-week project for an average of 10-hours/week. This is a total of budget of $21,600.00 (180 hours
x $120/hour). This rate is inclusive of mileage, equipment, and document delivery.
Thank you for this opportunity to offer our services to the City of Rancho Palos Verdes. Should you have
questions during the selection process, please contact me at 310.525.0684.
Sincerely,
Alan Braatvedt
President
Sunbeam Consulting
H-1
City of Rancho Palos Verdes
Construction Oversight Services for the
2019-20 Bluff Fence Replacement Project
P
A
G
E
2
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:310.525.0684
www.sunbeamtech.net
E-mail: alan@sunbeamtech.net
Contractor License No.
915894 (A & B)
LEED Accredited Professionals
California Registered Engineers
Qualified SWPPP Staff
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
H-2
City of Rancho Palos Verdes
Construction Oversight Services for the
2019-20 Bluff Fence Replacement Project
P
A
G
E
3
KEY PERSONNEL
JOHN F. COLLINS
Public Works Inspector
John has 34 years of experience in inspection and maintenance on
all phases Public Works projects. Typical work has included the
following assignments:
Bluff Fencing
Signage
Airfield lighting, runway, taxiway improvements
QA/QC for Permit Work
Code Enforcement
Bridges
Demolition
Dry 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
City of Los Angeles Department of Airports (Los Angeles, CA)
Senior Construction Inspector, 6/98 to Present
Lead inspector for Major Construction/Demolition, Infrastructure, Signage, Airfield Lighting, Underground
Utilities, FAA/OSHA Safety Compliance, Project Administration, Runway/Taxiway Constr. & Public Works
Improvements.
City of Los Angeles Department of Public Works (Los Angeles, CA)
Construction Inspector, 8/90 to 2/98
Inspector of Public Works Construction Projects, including Concrete & Asphalt paving, underground utilities,
sewer/storm drain systems, street lighting, road construction, OSHA safety compliance and project
administration.
Entered Profession:
1985
Education
Cal State Los Angeles- Public
Works Inspection
Citrus College – Inspection
Technology
Los Angeles Trade Tech –
Inspection Technology
Professional Certifications:
First Aid
30 Hr OSHA Safety
ACI Tech 1
Supervision Fundamentals
Confined Space Entry
Storm Water Management
H-3
City of Rancho Palos Verdes
Construction Oversight Services for the
2019-20 Bluff Fence Replacement Project
P
A
G
E
4
FEE
The fee is based on providing part-time inspection services for an average of 2-hours per day for 90 of
the 100-day construction period.
2019-20 Bluff Fence Replacement Policy
Item Days Hrs Rate Amount
Construction Inspection Services – John:
Part time 90 2 $120.00 $21,600
TOTAL $21,600
Amount shown is the proposed budget, not to exceed without prior approval. Payment will be made
monthly as project progresses.
H-4