CC SR 20210817 J - School Flagging
CITY COUNCIL MEETING DATE: 08/17/2021
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to enter into a professional services agreement with
Sunbeam Consulting to provide flagging services for Miraleste Intermediate School during
in-person school sessions.
RECOMMENDED COUNCIL ACTION:
(1) Award a professional services agreement to Sunbeam Consulting in the amount
not to exceed $161,070 annually that may be extended by two additional one-year
terms by the City Manager to provide flagging services primarily for Miraleste
Intermediate School during in-person school sessions between August 1, 2021
and July 31, 2024; and
(2) Authorize the Mayor and City Clerk to execute the professional services agreement
subject to approval as to form by the City Attorney.
FISCAL IMPACT: The recommendations will result in a total authorized expenditure not
to exceed $161,070 for the Fiscal Year 2021-22 ($483,210 for up to three years), which
is included in the adopted operating budget.
Amount Budgeted: $161,070
Additional Appropriation: 0
Account Number(s): 101-400-3120-5101 [General Fund- Traffic Management- Tech/Professional
Services]
ORIGINATED BY: Ramzi Awwad, Director of Public Works
REVIEWED BY: Karina Bañales, Deputy City Manager
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Sunbeam Consulting Professional Services Agreement (page A-1)
B. Sunbeam Consulting Proposal (Page B-1)
BACKGROUND:
The City provides flagging services in the vicinity of the Miraleste Intermediate School
(MIS) when school has in-person sessions. The purpose of the flagging is to reduce
traffic congestion during peak morning school drop-off and afternoon pickup times by
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CITYOF RANCHO PALOS VERDES
directing commuter traffic on Palos Verdes Drive East (PVDE). Flaggers help create a
more systematic and organized vehicular and pedestrian traffic flow during these times,
which enhances safety for all. The flagging services are provided by contracted trained
field technicians who wear reflective safety vests and are certified by the American
Traffic Safety Services Association. The flaggers provide approximately four hours of
flagging services a day, including setup and breakdown of traffic control.
The flagging locations are at two key intersections:
1) Miraleste Drive/PVDE/Via Canada/end of Miraleste Intermediate School
driveway (four-way interstation)
2) Miraleste Drive and PVDE (T-intersection)
Exhibit 1- Location of Flaggers
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Intersection of Miraleste Intermediate School/Palos Verdes Drive EastNia Canada
Intersection of Miral este Drive and Palos Verdes Drive East
Neither of the intersections where flagging is in place has traffic signals, and commuter
and school traffic can back up on PVDE, a major commuter street, during peak school
times. Miraleste Intermediate School is the only school that receives flagging services,
and the flagging services are in addition to regular crossing guard services at those
locations.
The Los Angeles County Sheriff’s Department (LASD) provided flagging services for a
number of years until the 2015-2016 school year, when the department determined
these services were outside its scope of duties. Since the 2016-2017 school year, the
City has retained contractors/consultants to perform the flagging services and pays for
100% of the cost.
DISCUSSION:
The term of the City’s current flagging services agreement with Sunbeam Consulting
(Sunbeam) concluded in July 2021, therefore, a new agreement is needed to continue
to provide these services.
Staff released a request for proposals (RFP) for these services on June 18, 2021, through
PlanetBids, an electronic bidding outreach platform. On July 16, 2021, Public Works
received two proposals. Staff contacted additional firms known to provide these services
and requested that they submit proposals; however, no additional proposals were
submitted. One of the two proposals received was found to be unresponsive because it
did not provide required information on organization and staffing, qualifications and
experience, or quality control. The remaining proposal, from Sunbeam, received an
evaluation score of 9.5 out of a possible 10. A cost proposal was requested, which
showed that the cost remained unchanged from last year , and will continue to remain
unchanged for up to three years (Attachment B). Based on the above, Sunbeam was the
selected consultant.
The new agreement (Attachment A) is for a period of one year that may be extended by
two additional one-year terms by the City Manager (not to exceed three years) which
allows for vendor consistency and a reduction in administrative effort that one-year
agreements would necessitate. The term of the flagging services corresponds to the
Palos Verdes Peninsula Unified School District (PVPUSD) school year calendar, which
typically starts in mid/late August and ends in mid/late July, when summer school ends.
The agreement also allows for occasional as-needed citywide flagging services in case
of special events or temporary and/or unforeseen circumstances. The agreement is
based on time and materials and the vendor will only provide services when school has
in-person sessions.
CONCLUSION:
Staff recommends awarding a professional services agreement to Sunbeam for flagging
services for an annual amount not to exceed $161,070 and a total not-to-exceed amount
of $483,210 for a term up to three years.
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ALTERNATIVE:
In addition to the Staff recommendations, the following alternative actions are available
for the City Council’s consideration:
1. Reject the proposal and re-solicit the services.
2. Do not provide flagging services.
3. Direct Staff to consider other traffic calming measures.
4. Take other action, as deemed appropriate.
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CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
SUNBEAM TECHNOLOGIES, INC.
dba SUNBEAM CONSULTING
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AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
SUNBEAM TECHNOLOGIES, INC. DBA SUNBEAM CONSULTING
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and
entered into on August 17, 2021, by and between the CITY OF RANCHO PALOS VERDES,
a California municipal corporation (“City”) and SUNBEAM TECHNOLOGIES, INC. dba
SUNBEAM CONSULTING, a California corporation (“Consultant”). City and Consultant may
be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals, the performance of the
services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal 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 Consultant for performance of
those services defined and described particularly in Article 1 of this Agreement and desire that
the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the Parties and contained herein and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall
provide those services specified in the “Scope of Services”, as stated in the Proposal, attached
hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein
as the “services” or “work” hereunder. As a material inducement to the City entering into this
Agreement, Consultant represents and warrants that it has the qualifications, experience, and
facilities necessary to properly perform the services required under this Agreement in a thorough,
competent, and professional manner, and is experienced in performing the work and services
contemplated herein. Consultant shall at all times faithfully, competently and to the best of its
ability, experience and talent, perform all services described herein. Consultant covenants that it
shall follow the highest professional standards in performing the work and services required
hereunder and that all materials will be both of good quality as well as fit for the purpose
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intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean
those standards of practice recognized by one or more first-class firms performing similar work
under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s Proposal which shall be incorporated
herein by this reference as though fully set forth herein. In the event of any inconsistency
between the terms of such Proposal and this Agreement, the terms of this Agreement shall
govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder
in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and
any Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 California Labor Law.
If the Scope of Services includes any “public work” or “maintenance work,” as those
terms are defined in California Labor Code section 1720 et seq. and California Code of
Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more,
Consultant shall pay prevailing wages for such work and comply with the requirements in
California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws,
including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be
performed under this Agreement is a “public work” as 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. Consultant shall post job site notices, as prescribed by
regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent
required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the
prevailing rate of per diem wages are on file at City Hall and will be made available to any
interested party on request. By initiating any work under this Agreement, Consultant
acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of
the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job
site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with
and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment
of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The
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Consultant shall, as a penalty to the City, forfeit $200 (two hundred dollars) for each calendar
day, or portion thereof, for each worker paid less than the prevailing rates as determined by the
DIR for the work or craft in which the worker is employed for any public work done pursuant to
this Agreement by Consultant or by any subcontractor.
(d) Payroll Records. Consultant shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as
specified in Section 1776; certify and make such payroll records available for inspection as
provided by Section 1776; and inform the City of the location of the records.
(e) Apprentices. Consultant shall comply with and be bound by the provisions
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.
Consultant shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall
provide City with a copy of the information submitted to any applicable apprenticeship program.
Within 60 (sixty) days after concluding work pursuant to this Agreement, Consultant and each of
its subconsultants shall submit to the City a verified statement of the journeyman and apprentice
hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that 8 (eight) hours labor
constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code
Section 1810.
(g) Penalties for Excess Hours. Consultant shall comply with and be bound by
the provisions of Labor Code Section 1813 concerning penalties for workers who work excess
hours. The Consultant shall, as a penalty to the City, forfeit $25 (twenty five dollars) for each
worker employed in the performance of this Agreement by the Consultant or by any
subcontractor for each calendar day during which such worker is required or permitted to work
more than 8 (eight) hours in any one calendar day and 40 (forty) hours in any one calendar week
in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8
(eight) hours per day, and 40 (forthy) 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 1½
(one and one half) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700
provide that every employer will be required to secure the payment of compensation to its
employees if it has employees. In accordance with the provisions of California Labor Code
Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract.”
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Consultant’s Authorized Initials ________
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor
who will perform work under this Agreement, Consultant 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. Consultant shall be required to take all
actions necessary to enforce such contractual provisions and ensure subcontractor's compliance,
including without limitation, conducting a review of the certified payroll records of the
subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to
pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take
corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals
as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest, which may be imposed by law and arise from or are necessary
for the Consultant’s performance of the services required by this Agreement, and shall
indemnify, defend and hold harmless City, its officers, employees or agents of City, against any
such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City
hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant’s risk until written instructions
are received from the Contract Officer in the form of a Change Order.
1.7 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to
furnish continuous protection to the work, and the equipment, materials, papers, documents,
plans, studies and/or other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the work by City,
except such losses or damages as may be caused by City’s own negligence.
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1.8 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all
instruments, prepare all documents and take all actions as may be reasonably necessary to carry
out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible
for the service of the other.
1.9 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services
or make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written Change Order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra
work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the
written approval of the Consultant. Any increase in compensation of up to 15% of the Contract
Sum; or, in the time to perform of up to 90 (ninety) days, may be approved by the Contract
Officer through a written Change Order. Any greater increases, taken either separately or
cumulatively, must be approved by the City Council. It is expressly understood by Consultant
that the provisions of this Section shall not apply to services specifically set forth in the Scope of
Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided
pursuant to the Scope of Services may be more costly or time consuming than Consultant
anticipates and that Consultant shall not be entitled to additional compensation therefor. City
may in its sole and absolute discretion have similar work done by other Consultants. No claims
for an increase in the Contract Sum or time for performance shall be valid unless the procedures
established in this Section are followed.
If in the performance of the contract scope, the Consultant becomes aware of material defects in
the scope, duration or span of the contract or the Consultant becomes aware of extenuating
circumstance that will or could prevent the completion of the contract, on time or on budget, the
Consultant shall inform the Contracting Officer of an anticipated Change Order. This proposed
change order will stipulate, the facts surrounding the issue, proposed solutions, proposed costs
and proposed schedule impacts.
1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated
herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any
other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for
actual expenses, shall not exceed $483,210 (Four Hundred Eighty-Three Thousand Two-
Hundred and Ten Dollars) during the Term or any Extended Term of the Agreement (the
“Contract Sum”), unless additional compensation is approved pursuant to Section 1.9. Annual
compensation shall not exceed $161,070 (One Hundred Sixty-One Thousand and Seventy
Dollars) in any one contract year.
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; (iii)
payment for time and materials based upon the Consultant’s rates as specified in the Schedule of
Compensation, provided that (a) time estimates are provided for the performance of sub tasks,
and (b) 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 Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice, using the City template,
or in a format acceptable to the City, for all work performed and expenses incurred during the
preceding month in a form approved by City’s Director of Finance. By submitting an invoice for
payment under this Agreement, Consultant is certifying compliance with all provisions of the
Agreement. The invoice shall detail charges for all necessary and actual expenses by the
following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-
contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant
shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
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which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within 45 (forty-five) days of receipt of Consultant’s correct and
undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run
procedures, the City cannot guarantee that payment will occur within this time period. In the
event any charges or expenses are disputed by City, the original invoice shall be returned by City
to Consultant for correction and resubmission. Review and payment by City for any invoice
provided by the Consultant shall not constitute a waiver of any rights or remedies provided
herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in
the “Schedule of Performance” attached hereto as 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 through a Change
Order, but not exceeding 90 (ninety) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes,
wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant
shall within 10 (ten) 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.
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3.4 Term & Extended Term(s).
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 August
17, 2022, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City
may, in its sole discretion, extend the Term by two (2) additional one-year terms, to August 17,
2023 and August 17, 2024, respectively.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the
work specified herein and make all decisions in connection therewith:
Alan Braatvedt President
(Name) (Title)
Charles Stephan Secretary
(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 foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only the personnel included in the Proposal 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, if any, assigned to perform the services required under this
Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors,
if any, assigned to perform the services required under this Agreement, prior to and during any
such performance. City shall have the right to approve or reject any proposed replacement
personnel, which approval shall not be unreasonably withheld.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant’s officers, employees, or agents are in any manner officials, officers,
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employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or
agents, shall obtain any rights to retirement, health care or any other benefits which may
otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Lauren Ramezani or such person as may be designated by
the Director of Public Works. It shall be the Consultant’s responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and the
Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the approval of
the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City
Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of
this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode
or means by which Consultant, its agents or employees, perform the services required herein,
except as otherwise set forth herein. City shall have no voice in the selection, discharge,
supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing
their number, compensation or hours of service. Consultant shall perform all services required
herein as an independent contractor of City and shall remain at all times as to City a wholly
independent contractor with only such obligations as are consistent with that role. Consultant
shall not at any time or in any manner represent that it or any of its agents or employees are
agents or employees of City. City shall not in any way or for any purpose become or be deemed
to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any
joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City; all subcontractors included
in the Proposal are deemed approved. 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 25% (twenty five percent) of the present ownership and/or control
of Consultant, taking all transfers into account on a cumulative basis. In the event of any such
unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No
approved transfer shall release the Consultant or any surety of Consultant of any liability
hereunder without the express consent of City.
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ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of
any services under this Agreement, Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and amounts
described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01,
in an amount not less than $1,000,000 per occurrence, $2,000,000 gen eral 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 s eparate 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
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approved by City’s Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
(b) Duration of coverage. Consultant shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the Services hereunder
by Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination
of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or
be endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City’s own insurance or self-insurance shall
be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain and continuously maintain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance
or that is on the List of Approved Surplus Line Insurers in the State of California, with an
assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger)
in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by
the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each of
its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Consultant of non-compliance with any requirement imposes no additional obligations on the
City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
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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 30 (thirty) day notice of cancellation (except for
nonpayment for which a 10 (ten) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers
shall be additional insureds under such policies. This provision shall also apply to any
excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer’s limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who is brought onto or involved in
the project by Consultant, provide the same minimum insurance coverage and endorsements
required of Consultant. Consultant agrees to monitor and review all such coverage and assumes
all responsibility for ensuring that such coverage is provided in conformity with the requirements
of this section. Consultant agrees that upon request, all agreements with consultants,
subcontractors, and others engaged in the project will be submitted to City for review.
(n) Agency’s right to revise specifications. The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by
giving the Consultant 90 (ninety) 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.
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(p) Timely notice of claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant’s performance
under this Agreement, and that involve or may involve coverage under any of the required
liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will
hold and save them and each of them harmless from, any and all actions, either judicial,
administrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims
or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein
of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or
entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or
indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any
of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection
with the negligent performance of or failure to perform such work, operations or activities of
Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and
employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys’
fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if
it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
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as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent
permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence,
except that design professionals’ indemnity hereunder shall be limited to claims and liabilities
arising out of the negligence, recklessness or willful misconduct of the design professional. The
indemnity obligation shall be binding on successors and assigns of Consultant and shall survive
termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the “books and records”), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete
and detailed. The Contract Officer shall have full and free access to such books and records at all
times during normal business hours of City, including the right to inspect, copy, audit and make
records and transcripts from such records. Such records shall be maintained for a period of three
(3) years following completion of the services hereunder, and the City shall have access to such
records in the event any audit is required. In the event of dissolution of Consultant’s business,
custody of the books and records may be given to City, and access shall be provided by
Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully
cooperate with the City in providing access to the books and records if a public records request is
made and disclosure is required by law including but not limited to the California Public Records
Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost
of work and services to be performed pursuant to this Agreement. For this reason, Consultant
agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that
may or will materially increase or decrease the cost of the work or services contemplated herein
or, if Consultant is providing design services, the cost of the project being designed, Consultant
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the “documents and materials”)
prepared by Consultant, its employees, subcontractors and agents in the performance of this
Agreement shall be the property of City and shall be delivered to City upon request of the
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Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any
use, reuse or assignment of such completed documents for other projects and/or use of
uncompleted documents without specific written authorization by the Consultant will be at the
City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties
shall not extend to such use, reuse or assignment. Consultant may retain copies of such
documents for its own use. Consultant shall have the right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared
by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify
City for all damages resulting therefrom. Moreover, Consultant with respect to any documents
and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such
documents and materials are hereby deemed “works made for hire” for the City.
6.4 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 City without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning the work performed
under this Agreement. Response to a subpoena or court order shall not be considered “voluntary”
provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice
of deposition, request for documents, interrogatories, request for admissions or other 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 Consultant or be
present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery requests
provided by Consultant. However, this right to review any such response does not imply or mean
the right by City to control, direct, or rewrite said response.
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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 Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los
Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed
after the date of default. Instead, the City may give notice to Consultant of the default and the
reasons for the default. The notice shall include the timeframe in which Consultant may cure the
default. This timeframe is 15 (fifteen) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Consultant is in default, the City shall hold
all invoices and shall, when the default is cured, proceed with payment on the invoices. In the
alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding
invoices during the period of default. If Consultant does not cure the default, the City may take
necessary steps to terminate this Agreement under this Article. Any failure on the part of the City
to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s
legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of
City to exercise such right to deduct or to withhold shall not, however, affect the obligations of
the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
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provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain
any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 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 30 (thirty) 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. 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. Consultant shall be entitled to compensation for
all services rendered prior to the effective date of the notice of termination and for any services
authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation
or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the
event of termination without cause pursuant to this Section, the City need not provide the
Consultant with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Party.
If termination is due to the failure of the other Party to fulfill its obligations under this
Agreement:
(a) 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
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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.
(b) Consultant may, after compliance with the provisions of Section 7.2, terminate the
Agreement upon written notice to the City‘s Contract Officer. Consultant shall be entitled to
payment for all work performed up to the date of termination.
7.9 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s
fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be
deemed to have accrued on commencement of such action and shall be enforceable whether or
not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 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.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant’s performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times
avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City
in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Consultant warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
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8.3 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 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.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this
Agreement, and should any liability or sanctions be imposed against City for such use of
unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such
liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees,
incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either
party desires or is required to give to the other party or any other person shall be in writing and
either served personally or sent by prepaid, first-class mail, in the case of the City, to the City
Manager and to the attention of the Contract Officer (with her/his name and City title), City of
Rancho Palos Verdes, 30940 Hawthorne Blvd., Rancho Palos Verdes, California 90275 and in
the case of the Consultant, to the person(s) at the address designated on the execution page of
this Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
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.
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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 Consultant 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. 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 _______
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9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
Eric Alegria, Mayor
ATTEST:
Teresa Takaoka, 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, CA 90815
Two corporate officer signatures required when Consultant is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2021 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-24
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□
01203.0006/733093.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2021 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-25
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□ □ □ □ □ □
□
01203.0006/733093.2 A-1
EXHIBIT “A”
SCOPE OF SERVICES
A. Consultant will perform the following flagging services (“Services”) as follows:
1. Consultant shall reduce traffic congestion occurring during peak school drop-
off and pickup times in the vicinity of Miraleste Intermediate School. Flaggers
shall direct traffic at the locations designated below in a way that creates a
systematic and organized car, bus, and pedestrian traffic flow.
2. Two locations will have flaggers. The locations are the intersection of Miraleste
Drive/Palos Verdes Drive East/Via Canada/end of Miraleste Intermediate School
Driveway (4-way interstation), and the intersection of Palos Verdes Drive East
and Miraleste Drive (T-intersection), as depicted on Exhibit “A-1”, “Location of
Flaggers”.
3. Flaggers shall be dressed in appropriate and required personal protective
equipment, will be clearly visible, identifiable to vehicles and pedestrians, and
will have all the equipment required for the Services.
4. Flaggers shall keep a daily record of all relevant information and incidents,
including weather conditions, start and end times of services, and any traffic
accidents or pedestrian injuries, and verbal or physical altercations directed at/or
involving the flagger(s) that occur during the Services. These records shall be
provided to City upon request.
5. Consultant shall have available alternates for every day of service if one of the
flaggers is not available for some or all the service hours required on any given
day.
6. Each flagger shall work approximately 4 hours per day, and in any event will
cover both peak drop off and pickup times. If on occasion longer services are
required due to an incident, accident or special event, the City shall require the
flaggers to provide additional services.
7. The regular school year “Daily Bell Schedule” is:
Mondays: 7:15 a.m. to 1:55 p.m.
Tuesdays through Fridays: 7:15 a.m. to 3:00 p.m.
Minimum Days: 7:35 a.m. to 12:15 p.m.
8. The regular school year approximate peak school drop-off times are:
Mondays: Drop off times are between 6:45 a.m. to 8:30 a.m., and Pick up
times are between 1:40 p.m. to 2:30 p.m.
Tuesday through Friday: Drop off times are between 6:45 a.m. to 8:30
a.m., and Pick up times are between 2:45 p.m. to 3:45 p.m.
A-26
01203.0006/733093.2 A-2
Minimum Days: Drop off times are between 7:15 a.m. to 8:15 a.m., and
Pick up times are between 12:00 p.m. to 12:45 p.m.
Summer school:
School hours Monday to Friday: 8:15 a.m. to 12:30 p.m.
Flaggers will be on site approximately from 7:45 a.m. to 8:45 a.m. and
from 12:00 p.m. to 1:00 p.m.
Summer school is not held at MIS every year. The school hosting summer
school is determined in May of each year.
If Summer school enrollment is below a certain threshold, the services for
the second flagger, at the intersection of Miraleste and PVDE, might not
be needed. The City will provide consultant notice in advance if the
second flagger is not needed.
9. Notwithstanding the approximate pickup and drop off hours articulated in Task
No. (A)(8), above, Consultant shall be responsible for adjusting the hours that
services are provided based on observations of traffic patterns, and shall also stay
informed of school schedules, events, holidays, school winter and spring breaks,
and alternate scheduling (e.g., minimum days, late-start days) that affect traffic
patterns, need for flagging services, and adjust service hours and days
accordingly. The City is to be notified of any such changes and approve in
advance.
10. School Flagging services shall be provided every day that Miraleste
Intermediate School has in-person sessions. Typically, annually school starts on
the last week of August and ends mid-June. Summer school is typically for four
weeks and starts in mid-June and ends mid-July. The term of this agreement is
from August 01, 2021, through the end of the 2024 Summer Session, unless
otherwise directed by City. This will include the regular school sessions for the
2021/2022, 2022/2023 and 2023/2024 school years, and the summer school
sessions for 2022, 2023 and 2024, when summer school is held at Miraleste
Intermediate School.
11. The COVID-19 pandemic caused area schools to have no in-person school
sessions for several months, followed by a hybrid school schedule. In case of such
situations, the City will ask the consultant to revise and adjust the flaggers
schedule to match the school’s in-person sessions.
12. The school will have crossing guards assisting at those intersection. The
flaggers are additional traffic control measures.
13. On occasion, non-school related flagging services might be needed in other
areas of the City. The City will provide the Consultant a 30-day advance notice of
such a need and other necessary details.
B. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A-27
01203.0006/733093.2 A-3
1. Weekly reports indicating that the services were completed without
incident.
2. Weekly reports providing details of any accidents, injuries, incidents, or
complaints that occurred during the previous week.
C. City staff may request that check-sets or working versions of documents be
submitted for ongoing routine review.
D. 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.
E. Consultant will utilize the following personnel to accomplish the Services:
1. Joe Van der Linden – Flagging Supervisor
2. Curtis Jackson – Principle Flagger
3. Dereck Cole – Flagger
4. Donte Morgan – Flagger
A-28
01203.0006/733093.2 B-1
EXHIBIT “A-1”
Location of Flaggers
A-29
Int a-s £ct ion of Mira I este I nterm edi ate School/Palos Va-des Drive Ea st/Vi a Can a da
lnters£ction of Miral este Drive and Palos Va-des Drive East
01203.0006/733093.2 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text indicated in bold italics, deleted text indicated in strikethrough.
[INTENTIONALLY LEFT BLANK]
A-30
01203.0006/733093.2 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
A-31
Flagging Fee Per Year
Item Flagger Days Hrs Rate Amount/Year -
Fl aggers 2 195 4 $97.00 $151,320
Supervision 1 39 2 $125 .00 $9,750
TOTAL $161 ,070
N OTES
The rates in the table can be app li ed to the hours worked to provide flexibility for calendar changes
Supposed average number of school days per year= 180 days
Fee is based on 2 flaggers work in g 2 hours for 2 shifts every school day of the year
Supervision is based on an average of 2-hour per week
All signage and personal clothing included in the rates
All equipment includ ing communicat ion, computers, consumab les, etc. included in the rates
All transportation is included in the rates
The amount per year fee does assumes 15 days of summer schoo l
The rates wi ll remain fixed for the full 3-yea rs
B-1
C O N SULTING
July 16, 2021
City of Rancho Palos Verdes
Department of Public Works
30940 Hawthorne Blvd
Rancho Palos Verdes, CA90275
Attention: Ramzi Awwad
Sunbeam Con sulting
1817 Josie Avenue
Long Beach, California 90815
RE: Flagging Services for the City of Rancho Palos Verdes: August 2021-July 2024
Dear Mr. Awwad:
Sunbeam Consulting, Inc. is pleased to present our Flagging Services proposal to provide Flagging
Services to the City of Rancho Palos Verdes on Palos Verdes Drive East in the vicinity of Miraleste
Intermediate School for the 2021-2022 to 2023-2024 school years.
Sunbeam consulting has successfully provided this particular service to the City since 2017, with no
known complaints. We have consistently used just 3-flaggers, who have built up a rapport with parents,
students and school staff and are genuinely embraced by the local community. The principals of
Sunbeam Consulting have decades of experience in civil engineering design, program management,
project management, construction management, and inspection of Capital Improvement and other
types of projects and services. We are available to continue to provide all of our services to the City of
Rancho Palos Verdes, as we have done continuously as Sunbeam Consulting for the past 8-years, with
the same consistency of staff.
Sunbeam Consulting is a small firm with 8 employees including two civil engineers, inspectors and ATSSA
certified flaggers. The Supervisor of these operations and the primary point of contact for these
proposE!d SE!rvicE!s is JoE! Van dE!r LindE!n, who is supportE!d by thE! principal in chargE!, Alan BraatvE!dt_
We are unaware of any conflict of interest in performing the proposed work. Sunbeam Consulting Inc. is
currently in good standing, which attested by the attached letter from our bank.
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, or Alan@SunBeamTech.net
Sincerely,
Alan Braatvedt
President -Sunbeam Consulting
Alan@SunBeamTech .net
Project Management • Construction Management • Civil Engineering Design
Inspection • Flagging • Tel: 562.525 -0684
B-2
City of Rancho Palos Verdes
Flagging Services Aug 21-Jul 24
C O N S U L T I N G
Sunbeam Consulting
1817 Josie Avenue
Long Beach CA 90815
Tel:(310)525-0684
www.sunbeamtech.net
E-mail: alan@sunbeamtech.net
Direct: 310.525.0684
Contractor License No.
915894 (A & B)
LEED Accredited Professionals
California Registered Engineers
Qualified SWPPP Staff
APPROACH/ PROJECT UNDERSTANDING
Sunbeam Consulting
Sunbeam Technologies, Inc., a corporation, 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, including projects in RPV.
The officers of Sunbeam Consulting are:
Alan Braatvedt: President (562)598-2907
Charles Stephan: Secretary (949)317-6160
• Flagging Services
• 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
The City has been providing professional flagging services for a number of years at two key
intersections in the Miraleste Intermediate School area, during the school-year. The flagging locations
are: Palos Verdes Drive East/ Via Colonita and Palos Verdes Drive East/ Miraleste. The objective is to
reduce traffic congestion occurring during peak school drop off and pickup times and enhance traffic
safety, at these non-signalized intersections by providing a more systematic and organized car and
pedestrian traffic flow during those traffic peaks.
21Page
B-3
City of Rancho Palos Verdes
Flagging Services Aug 21-Jul 24
Sunbeam Consulting
The City of Rancho Palos Verdes plans to award a contract to a firm for two qualified flaggers to provide
services for a minimum of 2-hours for each of the two peak periods per day. Sunbeam will provide
American Traffic Safety Services Association certified flaggers, who meet all Department of
Transportation requirements for those services.
Sunbeam has been providing this particular flagging service since 2017, using only 3 flaggers for the two
positions. By maintaining the same individuals at those locations, Sunbeam has been able to build trust
with the parents, students, school staff and the public over the years and have, to our knowledge, never
received a single complaint, but instead have received numerous letters complimenting their work ethic
and attitudes. Curtis, Dereck and Donte have excelled in their flagging roles for the local neighborhood
and have frequently received holiday gifts from parents. Although Sunbeam believes that it will continue
to fulfill the City's expectations, we welcome any additional comments or ideas on how to improve the
services.
It is very difficult to retain staff for a service, which requires 2, two-hour shifts per day, for only 180-days
per year, but Sunbeam has managed to do just that. We have developed a unique system that pays our
flaggers well and rewards consistent attendance throughout the school year and especially returning on
the first day of school every year. Sunbeam also provides oversight, which includes regular visits from
our supervisor, to keep an eye on our standards and to maintain the feeling of connectivity with the
company.
Sunbeam requires our principle flagger, Curtis to get to the job site an hour before the services are
required and the second flagger a half hour early, for a number of reasons: This ensures that the flaggers
are there at the start of the shift, no matter what obstacles slow the commute; to monitor the traffic
and start providing services as soon as traffic volumes increase, which can be at variable at times; and to
set out the traffic control equipment.
Sunbeam uses a traffic control plan and consistently places all of the traffic controls signs and devices in
the same location at the start of each flagging period and removes everything at the end of those
periods. All of the equipment is stored and secured close by for easy access. The flaggers are issued new
high visibility PPE clothing twice a year and wear identification tags at all times, with their name,
supervisor name and company contacts, as well as their certification badges. The Sunbeam flaggers
maintain open communication with each-other at all times, using company issued cell phones, when it
was found that there was too much radio traffic for 2-way radios to operate effectively. The phone also
provides the opportunity to take photos of anything of any relevance and the ability to get support from
the supervisor if necessary .
The Sunbeam supervisor, Joe Van der Linden, provides oversight of the activities, ensures our standards
are maintained and is available as a stand-in if ever required. He provides the conduit that keeps the City
in the loop and ensures that all records are complete and properly maintained.
From our past experience providing similar services for the City, Sunbeam is aware of the particular
requirements and nuances relating to the work.
31Page
B-4
City of Rancho Palos Verdes
Flagging Services Aug 21-Jul 24
ORGANIZATION AND STAFFING
Flagging Supervisor:
Principle Flagger:
Flagger:
Flagger:
Joe Van der Linden (310)612-6573 -Reports to City
Curtis Jackson: ATSSA Certified -Reports to Joe
Dereck Cole: ATSSA Certified -Reports to Curtis
Donte Morgan: ATSSA Certified -Reports to Curtis
Sunbeam Consulting
Supervisor: Our supervisor works full-time in the City performing other services, which enable him to see
the flaggers frequently during each week and is always available to discuss issues with the flaggers. He
also serves as a back-up, should there be any issue with a flagger. The supervisor is the point of contact
and will keep the City apprised of how things are going and any issues that may arise and will provide all
documentation required. The supervisor acts as the extra eye to ensure that the quality of service is
constantly maintained at the highest level possible.
Flaggers : Our flaggers are punctual, reliable and very aware of the ever changing conditions and potential
dangers. The flaggers are always dressed in the Sunbeam issued, high visibility clothing and have visible
identification and contact details in a hanging pouch around their necks. They work as a team in constant
contact with one another and are in daily contact with their supervisor.
The Supervisor and Flaggers will be available to consistently provide the services with the same staffing
for the entire school year. We see the consistency of using the same staff as an essential requirement for
providing the services and have a structure in place to ensure that happens.
RPV Project
Manager
Sunbeam Flagging
Supervisor
------------------,
I
Sunbeam Principle Sunbeam Second
Flagger Flagger
The principals of Sunbeam Consulting have been working in various capacities and on numerous public
works projects in Southern California since 1999. Sunbeam Technologies, Inc., doing business as
Sunbeam Consulting, provides civil engineering design, capital improvement project management,
construction management and inspection services to public agencies and private sectors in addition to
our founding energy related services. Sunbeam was established in 2008 to provide engineering design,
management, and contracting services to public agencies, business, and private clients. Sunbeam 's
senior management offers decades of experience on public infrastructure, building projects and related
services with Southern California agencies.
41Page
B-5
City of Rancho Palos Verdes
Flagging Services Aug 21-Jul 24
STAFF QUALIFICATIONS AND EXPERIENCE
Sunbeam Consulting
SUNBEAM's flagging team apply years of experience in the role of flagging on projects. Our team
provides access to some of the most aware, practical and caring individuals. The SUNBEAM team is
sensitive to the special needs of the community in performing these services.
Joe Van der Linden is a Public Works Inspector and has been working in the City of RPV since 2019
providing inspection services to the City on a variety of projects and participated in the supervision of the
flaggers. Joe has a good understanding of traffic controls, the workings of the city and specific nuances
related to flagging in RPV. Joe's City inspection experience includes projects that require just a few hours
of inspections to several million dollar projects. Joe has extensive experience in managing/supervising
individuals and teams and is well equipped for his role.
Curtis Jackson has 7-years of experience in providing flagging services, having provided these services for
the City of RPV since 2017
Derick Cole is the newest member of our team, who began providing flagging services for the City after
training in 2019 and receiving his flagging certification. He has continued to provide the services for the
City since that time
Donte Morgan began working in traffic controls in 2011 and has provided flagging services for this
project in RPV since 2017. He has worked as our back-up flagger since Derick began flagging in 2019
PROJECT EXPERIENCE
Sunbeam staff has years of experience on a wide variety of projects, including projects in RPV, where
Sunbeam Consulting has had most of its experience since its founding in 2008, providing: Flagging
Services; Engineering Design; Construction Management Oversight; and Inspection. The following are a
selection of projects provided by Sunbeam staff:
Miraleste Intermediate School Flagging Services 2017-present
Sunbeam has provided flagging services for the Miraleste Intermediate School area of PV Drive East at
the Via Colonita and Miraleste intersections. The function of the services is to provide controlling traffic
in the vicinity of the school at congestion occurring peak school drop-off and pickup times, providing a
smoother and safer drive through the area, without the need for signals, which are not required for
most times of the day.
Forrestal-PV Drive South Flagging Services for the AYSO Soccer Seasons 2018-2020
Sunbeam provided flagging services at the intersection of PV Drive South and Forrestal for the American
Youth Soccer Organization seasons in the Fall and Spring. The services were provided on Saturdays and
Sundays over 14-playing weekends in the Fall and 14 in Spring. The Saturday sessions required 8-hours of
flagging, with reduced hours on Sunday flagging. Sunbeam provided the services at the access point to Ladera
Linda athletic facilities, controlling traffic on: Palos Verdes Drive South; Forrestal Drive; Trump National Drive;
and Aqua Vista Drive, improving safety and the flow of traffic through the busy intersection.
References for both projects: Lauren Ramezani -City of RPV
Other Projects Where Sunbeam Staff Have Provided Services in Rancho Palos Verdes Include:
SI Page
B-6
City of Rancho Palos Verdes
Flagging Services Aug 21-Jul 24
Miraleste Drive Rehabilitation
Sunbeam Consulting
Sunbeam performed the assessment of field repair limits within the contract scope; assessed the
condition of all asphalt, concrete and signage; provided construction oversight; and coordinated
between the contractor, full time project manager, inspector and City during the entire project. There
was a significant public relations outreach effort required for this project.
Transit Turnout Project
This $1 million project was for the construction of transit bus turnouts and associated work, which
included bus pads, sidewalk improvements, ADA ramps and bus shelters. The project was completed on
time despite a slow start due to COVID-19 related delays, and under budget
Hawthorne Beautification Project
The project was for the beautification of Hawthorne from Crest Road to PV Drive South. The $1,750,000
project involved the removal of the median paving and grading the area to form a swale, which was
filled with river rock and native vegetation. Stormwater run-off from the road is directed into the swale
to recapture and allow the water to infiltrate into the soil. In addition, a number of trees were planted in
the median and in the parkway. The project was completed below budget.
Other RPV projects have included:
Providing liaison and Inspection CM services for: Mccarrell Canyon and San Ramon Canyon storm drain
projects; Residential Rehab Road Repair Projects; Arterial and Collector Street Rehabilitation; City
Annual Sidewalk Repair Program; Large Diameter Storm Drain Replacement Project; Storm Drain
Structural Lining CIPP Rehabilitation Project; Palos Verdes Drive -Portuguese Bend Road Reconstruction;
Cell site, trenching encroachment, and other City wide utility permit work
PROJECT SCHEDULE
4-Hours per day
2-hours per shift
Daily installation and removal of all traffic controls for both shifts
Approximately 180-days per year
Availability from 1st to last day of school semesters and for any special events
We have reviewed the available documentation and know both locations well and so have a good
understanding of what is required and how to schedule the time.
QUALITY CONTROL PLAN
The sunbeam quality control plan includes addressing the following:
• Sunbeam issued safety equipment
• Sunbeam issued traffic control equipment
• Identification tags worn at all time, with Flagger, Supervisor and Company names and contacts
• Constant communication between flaggers throughout shifts
• Contact with Supervisor
6jPage
B-7
City of Rancho Palos Verdes
Flagging Services Aug 21-Jul 24
• Alternative staffing
• Storage adjacent to work area to ensure easy access to equipment
• Documentation and photographs of any incident that may occur
• Regular oversight by Supervisor
ACCEPTANCE OF CONDITION S
Sunbeam Consulting
Sunbeam accepts all conditions listed in the RFP documents and sample professional services agreement
71Page
B-8
City of Rancho Palos Verdes
Flagging Services Aug 21-Jul 24
JOSEPH VAN DER LINDEN
Flagging Supervisor -Sunbeam Consulting
City of Rancho Palos Verdes: Numerous Projects
Joe has provided Inspection Services to the City of RPV on several
projects including: The Hawthorne Median Beautification Project;
the Transit Turn out project and several smaller projects, such as the
camera installation project in the Western Ave. section of the City.
He continues to provide permit inspection services throughout the
City.
Joe is particularly skilled at public relations and a very diplomatic
way of dealing with the public and individual residents. He has thirty
years of experience in inspection, and project management on
Private and Public Works projects from pre-planning through final
punch list approval. Job roles and accountabilities have included the
following:
•
•
•
•
•
Preparing cost proposals
Inspection of large diameter gas pipelines
Maintain detailed daily project activity reports
Measure and approve job quantities and pay estimates
Maintain job specifications and standard detail requirements .
Sunbeam Consulting
Entered Profession
1990
Education
BA Business Economics Degree
BS Marketing Degree
Professional Specialties
Public relations specialist
Project administration
Project punch list
Sewer/storm drain systems
Utility construction
Volunteer
Leadership/Management
On Board of directors for EO
Accelerator
Director of an annual Pro-Am
surf contest for 16 years;
Earthquake emergency
community leader
• Communicate with City staff on a daily basis, summarize all work performed daily
•
•
•
•
Inspect exterior panel joint caulking and water proof membrane installation and repairs .
Inspect new and/or rehab sewer pipeline and storm drain installations
Inspect compaction and density for structural fills including trench backfills, building pads, road work
and asphalt paving.
coordinate RFl's, perform quantity takeoffs, project scheduling, submittals, transmittals, change
orders, tracked non-contract work, and resolved field problems
• Prepare job status reports, agendas, approve unit prices from contractors, issue noncompliance and
correction notices.
• Create agenda and facilitate progress meetings with architect, contractors and engineers
• Compiled claims against subcontractors and/or owners
• Managing team members
Notable Projects:
Harbor Place Tower, Long beach -From excavation to owner occupancy
CSU LB Performing Arts Center -From excavation to owner occupancy
Bl Page
B-9
City of Rancho Palos Verdes
Flagging Services Aug 21-Jul 24
CURTIS JACKSON
Principle Flagger
2017 -2021 Flagger-RPV-Sunbeam Consulting
Curtis has been providing flagging services since 2017, for the City of
RPV at 2 key locations, to help control traffic controls and improve
safety near the Miraleste Intermediate School during the peak drop-
off periods.
2017 -2019 AYSO Event Flagger-RPV-Sunbeam Consulting
Curtis has consistently performed flagging services at the
PVDS/Forrestal intersection during the AYSO season for the regular
sporting events held at the Ladera Linda Park facility
8/2016-6/2017 School Crossing Guard
• Direct or escort pedestrians across streets, stopping traffic as
necessary.
Sunbeam Consulting
Entered Work Force
2013
Certification
ATTSA for Flagging
Skills
Forklift Operator License
Trained Heavy Equipment
Operator Shipping &
Receiving Experience Team
Player with Flexibility
Strong Communication Skills
• Monitor traffic flow to identify safe opportunities to stop traffic to allow pedestrians crossings
• Be at post punctually and reliably
• Use traffic control signs to facilitate safe pedestrian crossings
11/2014-8/2016 Labor Ready
• Warehouse Experience
• Prepared orders for shipping and receiving
• Tie down loads and looks for safety issues
• Provide customer service
• Package & packing
05/2016-08/2016 Painter Apprentice
• Painting interior and Exterior of homes
• Painted Air Force base homes
• Repair Walls using drill
• Repair wooden outside rails to stairs
01/2016-04/2016 Electrician
• Repairing and assembling light fixtures
Education:
Environmental Outsource Forklift Operator License
Associated Training Service of California
Heavy Equipment Operator 1 Training
David Starr Jordan High
91 Page
Los Angeles, CA
Victorville, CA
Los Angeles, CA
Los Angeles, CA
B-10
City of Rancho Palos Verdes
Flagging Services Aug 21-Jul 24
DERICK COLE
Flagger
2019 -2021 Flagger-RPV-Sunbeam Consulting
Sunbeam Consulting
Derick has been providing flagging services on PVD East near the Miraleste Intermediate School, for the
City of RPV at the 2 key locations, since 2019, to help control traffic controls and improve safety during
the peak drop-off periods.
07 /2016 -2019 Cal & Cal Security
Security Guard, Long Beach
• Front Gate Guard for Upscale Gated Community.
• Monitoring CCTV and Access Control and Clearance.
• Execute site specific security protocols and follow
company regulations at all times.
• Patrol sites on foot to provide visible deterrence to
incidents with quick response to disturbances.
• Parking enforcement: Citations/Towing.
• Acting Liaison between Property Management and
On-Site Residents.
Maintain daily logs of irregularities, theft, property damage,
presence of unauthorized persons
07 /2008 -02/2016 Legacy Inmate Communications
Customer Service Supervisor, Cypress
Entered Work Force
2008
Certification
ATTSA for Flagging
Toyota Urban League,
Certified ASC Brake &
Suspension
Skills
Customer Service Oriented
Solid Communication Skills
Detail Oriented
Flexible, Dependable
Physically fit and active
• Supervision, scheduling and training for call center team of 30 employees.
• Handling of call escalations, complaints and courtesy refunds to customers.
• Setting up video chat and visitation sessions.
• Handled training, disciplinary issues and commendations associated with supervisory call
monitoring.
• Conducted technical and motivational training to ensure quality customer service for positive
impact to company revenues and account growth.
Education/ Abilities
Toyota Urban League, Certified ASC Brake & Suspension
Customer Service Oriented
Solid Communication Skills
Detail Oriented
Flexible, Dependable
Physically fit and active
101Page
B-11
City of Rancho Palos Verdes
Flagging Services Aug 21-Jul 24
DONTE MORGAN
Flagger
2017 -2021 Flagger -RPV -Sunbeam Consulting
Curtis has been providing flagging services since 2017, for the City of
RPV at 2 key locations, to help control traffic controls and improve
safety near the Miraleste Intermediate School during the peak drop-
off periods.
2017 -2019 AYSO Event Flagger -RPV -Sunbeam Consulting
Curtis has consistently performed flagging services at the
PVDS/Forrestal intersection during the AYSO season for the regular
sporting events held at the Ladera Linda Park facility
2014 -present Hertz Rent-A-Car,
• Transporter, Los Angeles.CA
2010 -2014 Clark County Traffic Engineering, Athens, Georgia
• Traffic control management
• Setting and removing signs daily
• Street marking
2009 -2010 Mail Clerk, Big Five Sporting Goods, El Segundo, CA.
• Collecting mail from company officers and employees.
• Sorting mail received from outside sources.
• Delivering mail to worker
Sunbeam Consulting
Entered Work Force
2010
Certification
ATTSA for Flagging
Education
General Studies, Taft High
School, Los Angeles, CA
Liberal Arts Degree, Los
Angeles Valley College
Sociology, West Texas A&M
University
• Performed certain task such as delivering payroll checks to employees
11 I P age
B-12
May 27, 2021
City of Rancho Palos Verdes
30940 Hawthorne Blvd
Rancho Palos Verdes Ca, 90275
RE: Sunbeam Consulting Inc
To Whom it may concern,
Sunbeam Consulting Inc has been a customer of Preferred Bank since March 14, 2008. The account is in
good standing.
If you have any questions please do not hesitate to contact me at 310-303-3102 or
mzaklit@preferredbank.com
Sincerely,
jY} /fffJ0
May E Zaklit
South Bay Regional Office
Assistant Operation Officer
21615 HAWTHORNE BOULEVARD • SUITE 100 • TORRANCE • CALIFORNIA 90503
(310) 921-0100 • FAX (310) 303-3119 • WWW.PREFERREDBANK.COM