Resolution No. 7736i
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RESOLUTION NO. 7736
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AUTHORIZING THE ISSUANCE OF A REQUEST FOR
PROPOSALS FROM QUALIFIED RIGHT OF WAY CONSULTANTS
REGARDING THE I-710 ATLANTIC/BANDINI INTERCHANGE
PROJECT
WHEREAS, the City of Vernon is in the process of improving
the I-710 Atlantic/Bandini Interchange and, as part of the project, a
10-acre parcel owned by the U.S. Postal Service needs to be acquired;
land
WHEREAS, because the U.S. Postal Service intends to dispose
of the 10-acre parcel by August 31, 2001, and the value of the
property could dramatically increase if sold to a developer, the City
of Vernon is seeking to protect the property from substantial building
activity or depreciation by an early acquisition process allowed by
Caltrans that allows the City to purchase the property prior to the
final project report and environmental document being approved; and
WHEREAS, the City of Vernon intends to initiate the early
acquisition process by making an application to Caltrans; and
WHEREAS, if Caltrans approves the application, the City of
Vernon would benefit from the retention of a qualified right-of-way
consultant to assist the City in preparing the necessary appraisals
and certification and to ensure that the acquisition conforms to all
State and Federal guidelines so as to avoid jeopardizing Federal
participation in the subsequent project and to ensure reimbursement;
land
WHEREAS, the City is interested in obtaining proposals for a
qualified right-of-way consultant; and
1 WHEREAS, on March 20, 2001, the Finance Committee approved
2 the recommendation of Bruce V. Malkenhorst, the Director of Finance,
3 dated March 15, 2001, that the City issue a Request for Proposals From
4 Qualified Right of Way Consultants to Assist in the Turn Key
5 Acquisition of Land in Conjunction With the I-710 Atlantic/Bandini
6 Interchange Project ("RFP") pursuant to Section 2.29-2 of the Vernon
7 City Code.
8 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
9 CITY OF VERNON AS FOLLOWS:
10 SECTION 1: The City Council of the City of Vernon hereby
11 finds and determines that the recitals contained hereinabove are true
12 and correct.
13 SECTION 2: The City Council of the City of Vernon hereby
14 directs the City Administrator/City Clerk, or his designee, to issue
15 the RFP, a copy of which is attach hereto as Exhibit "A" and made a
16 part hereof, to one or more qualified consultants and to report to the
17 City Council on the proposals received with a recommendation for
18 action.
19 SECTION 3: The City Clerk of the City of Vernon shall
20 certify to the passage of this resolution, and thereupon and
21 thereafter the same shall be in full force and effect.
22 APPROVED AND ADOPTED this 215t day of March, 2001.
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EONIS C. MALBU G, Mayor
25 ATTEST:
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28 BRUCE V. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA )
2 ) ss
COUNTY OF LOS ANGELES )
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
5 hereby certify that the foregoing Resolution, being Resolution No.
6 7736, was duly Iadopted by the City Council of the City of Vernon at a
7 regular meeting of the City Council duly held on Wednesday, March 21,
8 2001, and thereafter was duly signed by the Mayor of the City of
9 Vernon.
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BRUCE V. MALKENHORST, City
12 Clerk
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(SEAL)
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EXHIBIT
VA,
� � 3
CITY OF VERNON
SEEKS REQUEST FOR PROPOSALS
FROM QUALIFIED RIGHT OF WAY
CONSULTANTS TO ASSIST IN THE
TURN KEY ACQUISITION OF LAND IN
CONJUNCTION WITH THE I-710
ATLANTIC/BANDINI INTERCHANGE
IMPROVEMENTS
Table of Contents
1.0 Introduction
2.0 Project Background
3.0 Selection Process, Criteria, and Schedule
4.0 Proposal Contents
5.0 Scope of Work
6.0 Compensation
� • 1
1.0 Introduction
I
The City of Vernon is soliciting proposals from qualified
firms for the turn key acquisition of property owned by the
United States Postal Service at the northeast corner of Atlantic
Boulevard and Bandini Boulevard. The City of Vernon is in the
process of preparing a project report and environmental document
for the project. The City has been advised by the U.S. Postal
Service that the property must be acquired by the end of their
fiscal year. The City is in the process of submitting an advance
acquisition application in order to protect the property. The
acquisition shall conform to all State and Federal guidelines and
shall comply with the Uniform Act, Title VI and 49CFR24 in order
to avoid jeopardizing Federal participation in the subsequent
project and to insure reimbursement. The draft project report
and draft Environmental Impact Report are available for review.
A detailed scope of work is included in Section 5.0 of this
RFP.
A total of 4 proposals should be submitted by 12:00 noon on
April 4, 2001 to:
Kevin Wilson
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
A pre -proposal conference for this project will be on
April 2, 2001 at 9:00 am at the Vernon City, Hail, 4305 Santa Fe
Avenue, Vernon, CA. All questions must be in writing. Requests
to review documents should be directed to Kevin Wilson, Director
of Community Services (323)583-8811. Services provided under
this agreement will be coordinated and overseen by the City of
Vernon Department of Community Services.
2.0 Background
2.1 City of Vernon
The City of Vernon is primarily an industrial City located
approximately 5 miles southeast of downtown Los Angeles. The
City has a small residential population, but is home to 1,200
businesses employing 55,000 people. Vernon was incorporated in
1905 and consists of approximately 5 square miles within a built
out environment.
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2.2 Purpose
The City requests written proposals from consultants to
assist in the advance acquisition of a U.S. Postal Service
Parcel, A.P.N. at the northeast corner of Atlantic and Bandini
Boulevards in accordance with Federal and State guidelines. The
City intends to complete the acquisition by August 1, 2001. The
City has been advised by the U.S. Postal Service that they must
dispose of the property by September 1, 2001. In order to
protect the property from substantial building activity or
depreciation the City is proposing an advanced acquisition. The
City is currently preparing an advance acquisition application.
The City will only retain a consultant to perform the acquisition
after Caltrans and FHWA have approved the early acquisition.
3.0 Selection Process, Criteria and Schedule
3.1 Vernon Selection procedures
Vernon will appoint a panel of technical representatives, to
serve as the selection recommendation panel for this professional
service contract.
The selection recommendation panel will evaluate the written
proposals based on the selection criteria listed in Exhibit 2.
The selection recommendation panel may then interview shortlisted
consultants. The panel will make a recommendation to the City
Council as to the most qualified firm. Vernon professional
service selections will be qualifications -based. Subject to
approval by the Council, Vernon will enter into negotiations with
the most qualified firm. The goal is to obtain City Council
approval as soon as possible after negotiations. The expected
schedule for the selection process is attached as Exhibit 3.
3.2 Contract Format
Vernon maintains a standard form of agreement which requires
specific insurance and indemnification. A copy of a standard
form of agreement is attached as Exhibit 5. Firms shall identify
any exceptions or conditions which would prevent their being able
to enter into an agreement with Vernon at the interview. The
form of contract will be on a time and materials basis with a
maximum authorized amount. The selected consultant may be
subject to pre -award and post -completion audits.
3.3 Funding Sources
Funding for this project is expected to come from federal
and state and local funding sources. The specific allocations
have not been determined. The selection process and submittal
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requirements shall meet all requirements for potential state
funding.
4.0 Proposal Contents
4.1 Identification
Identify the prime consultant (name of firm, address,
telephone and fax numbers). Please indicate whether the firm is
a corporation, joint venture, partnership or sole proprietorship.
Please provide the same information for all subconsultants that
will be participating in this project as part of the consulting
team. Exhibit 4 listing each team member should be submitted
with the proposal.
4.2 Team Organization
Provide an organization chart showing the relationship of
all subconsultants to the prime consultant and with each other.
Specify the names of key staff that will be assigned to perform
the work.
Appraisal consultants shall possess:
• Certification for Real Estate Appraisers as issued by the
Office of Real Estate Appraisers. This Certification is
required by law when Federal funds are involved and by
Caltrans policy when working on the State Highway System.
• Minimum two (2) years experience at the working level in the
appraisal of rights for eminent domain purposes.
• Knowledge of the Uniform Relocation and Real Property
Acquisition Policies Act and State eminent domain law
• Specific knowledge and experience appropriate for the
proposed project.
Review appraisal consultants shall possess all of the
experience of the appraisal consultant and also have a minimum of
two (2) years experience reviewing appraisals for eminent domain
purposes.
Acquisition consultants shall posses:
• Real Estate Brokers license as issued by the Department of
Real Estate.
• Minimum two (2) years experience at the working level in the
acquisition of rights for eminent domain purposes.
• Knowledge of the Uniform Relocation and Real Property
Acquisition Policies Act and State eminent domain law
• Specific knowledge and experience appropriate for the
proposed project.
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4.3 Form 255
Please submit updated Standard Form 255 for all firms that
are part of the proposed team. For 255 resumes should be
submitted only for the key people identified on the Organization
Chart. These forms will be the primary basis for determining the
qualifications of the firms and key staff. Sections 9 and 10 of
Form 255 are not required. Form 254 is not required.
4.4 DBE Participation
Congress passed legislation in 1981 that required goals to
be set for Disadvantaged Business Enterprises (DBE's) in all
federally funded and partially federally funded contracts. The
City's DBE goal is set at 13%. Goals are established by the
Contract Manager and the Division of Civil Rights/District Civil
Rights Liaison regardless of amount of the contract.
It is the contractor's responsibility to make a sufficient
portion of the work available to subcontractors and suppliers and
to select those portions of the work or material needs so as to
ensure meeting the established goals required in the contract.
Bidders must indicate in the bid/cost proposal the percent of
participation expected to be attained. In the event of a
prospective bidder's inability to meet the established goals, a
Good Faith Effort (GFE) must be made.
4.5 Project Understanding and Proposed Approach
Describe the basic approach for completing the scope of work
for the project. In addition, briefly discuss issues, specific
to this assignment, considered critical to on -time and on -budget
performance of the work and how those issues will be managed.
4.6 Proposal Length
The proposal, excluding Form'255's and DBE Certifications,
should not exceed 20 pages.
5.0 Scope of Work
5.1 Project Background
The City of Vernon has entered into an agreement with Holmes
and Narver to prepare a Project Report and Environmental Impact
Report for the proposed improvements. The Draft Project Report
and Draft Environmental Impact Report Project have been submitted
to Caltrans for first and second reviews. However, environmental
clearance has not been obtained. The City of Vernon is
anticipating that the documents will be approved by July of 2001.
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Typically, Caltrans grants the local agency environmental
clearance for the project once the Project Report and
Environmental Impact Report are approved. Thereafter, the local
agency is allowed to begin the process of acquiring right-of-way.
A major portion of the proposed improvements will be
constructed on a ten (10) acre portion of land owned by the
United States Postal Service (LISPS). The United States Postal
Service informed the City of their intent to place the property
on the market if it is not purchased by August of 2001.
Consequently, the City is in the process of applying for
"Protection" with Caltrans. This process allows the City to
purchase the property prior to obtaining environmental clearance
(Early Acquisition). The City, however, is not allowed to enter
into negotiations with the United States Postal Service until the
Protection Application is approved.
Concurrently, the City is seeking a qualified firm to
prepare an appraisal of the United States Postal Service
property. Negotiations cannot begin until the Protection
Application is approved by Caltrans and FHWA.
The project is being funded via federal and state and local
monies. Therefore, the consultant selected for this project will
be required to adhere to Caltrans guidelines. Specifically,
those stated in the Caltrans Local Assistance Procedures Manual.
Also, the consultant will be required to assure that the
acquisition process is complete by August 1, 2001.
5.2 Required Tasks
Selected consultant will be required to perform at minimum
the following tasks:
• Prepare legal description and plats for areas that need
to be acquired for the project.
• Provide Preliminary Title Reports
• Prepare and mail City's Intent to Acquire to the United
States Postal Service
• Deliver four copies of the draft appraisal report to the
City for review.
• Upon the City of Vernon's acceptance of the appraisal,
and after Caltrans approval of the Protection
Application, present the United States Postal Service a
recent Offer to Purchase, Statement of Just Compensation
and Appraisal Summary.
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• Negotiate with the United States Postal Service based on
the approved appraisal.
• Draft escrow agreements and coordinate with the escrow
company to assure transfer of acquired parcel is free and
clear of liens and encumbrances except those required by
the City.
• Prepare all certifications as required by Chapter 13,
Right of Way, Caltrans Local Assistance Procedures
Manual.
5.3 General Requirements
Coordination with Vernon. Due to the expedited schedule, a
high degree of coordination with Vernon's Program Management
Consultant (PM), other consultants and regulatory agencies will
be required.
CADD. Vernon has adopted CADD drafting and file management
standards based on AutoCAD software. Submittal of final plans in
compatible electronic format is required.
Scope of Work
To prepare all documents necessary for acquisition of the
United States Postal Service Property.
Prepare dual appraisals. The acquisition and appraisal
functions shall be separate.
To coordinate your efforts with the City of Vernon.
To submit your progress reports at least once a month until
completed.
To provide all services necessary to accomplish the
objective preparation of the appraisal for acquisition of the
United States Postal Service Property.,
Administration and Management
The Consultant will provide a plan for management,
coordination and control to ensure successful and timely
completion of this project. The Consultant selected will prepare
a detailed work plan, including schedule and cost breakdown for
each task. The Consultant and the Technical Advisory Committee
shall meet and review all required reports. Consultant will be
responsible for preparing and keeping a record of meeting
minutes, obtaining any encroachment permits when necessary to be
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on the job site within State Right-of-way and obtaining other
permits, as necessary, to perform the work. Consultant invoices
shall be prepared to show cost against project milestones.
5.4 Caltrans and FHWA Requirements
The selected consultant must comply with all federal and
state requirements including but not limited to the Uniform Act,
Title VI and 49 CFR 24, SHWA Project Development Guide, Chapter 9
and Caltrans Right of Way Manual.
6.0 Compensation
The professional fees shall be submitted in a separate
sealed envelope. The fees for the completed scope of work shall
be on a fix fee basis for all tasks of the work including
incidental expenses. A fixed fee for meetings beyond that in the
scope of work shall be provided. For the purpose of evaluation,
the fix fee shall be segregated into major tasks.
For the purpose of evaluation and extra work, if any, the
hourly rates by discipline by task and incidental fees shall be
provided. Extra work is only that work approved in writing by
the City beyond the scope of the project. The scope of work
includes, but is not limited to, all work tasks, plans revisions,
regulatory agency requirements, and work necessary to correct
errors and omissions.
LIST OF ATTACHMENTS
Exhibit 1 - Location Map
Exhibit 2 - Selection Criteria
Exhibit 3 — Proposed Schedule
Exhibit 4 - Work Performance List
Exhibit 5 - Sample Agreement
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EXHIBIT "2"
SELECTION CRITERIA
(A)
(B)
(A)x(B)
CRITERIA
WEIGHT
SCORE
WEIGHTED
(0-10)
SCORE
1. PROJECT MANAGER
♦ Qualifications and Relevant Experience
♦ Unique Qualifications for this Project
2.0
♦ Time Commitment for this Project
2. PROJECT TEAM
♦ Qualifications and Relevant Individual
Experience
♦ Unique Qualifications of key Members for this
Project
3.0
♦ Time Commitment of Key members
Organization Chart
3. FIRMS CAPABILITIES
♦ Demonstrated Capability on Similar Recent
Projects
2.0
♦ Management and Organization Capabilities
4. PROJECT UNDERSTANDING AND APPROACHING
♦ Demonstrated Knowledge of the Work Required
♦ Knowledge of State and Local Procedures
♦ Management Plan for Timely Completion
♦ Ability and Willingness to Respond Timely to
3.0
City Requirements
♦ Ability to Interface with other City
Consultants, Public Agencies, Contractors, and
Private Owners
TOTAL
10.0
Page 1 of 2
EXHIBIT "2" (continued)
SCORING SYSTEM
POINTS
DEFINITION
0
FAIL - Category Evaluated Non -
Responsive
1-4
BELOW AVERAGE - Responses Minimally
Acceptable
5
AVERAGE - Qualifications Fully
Satisfy Requirements
6-9
ABOVE AVERAGE - Qualifications More
Than Satisfy Requirements
10
EXCELLENT - Qualifications Far
Exceed Requirements
Page 2 of 2
PROPOSED SCHEDULE EXHIBIT 3
REP For Project Report and Environmental Document for Atlantic
Boulevard Bandini Boulevard - 710 Improvements and Annexation
March 22, 2001 Mail RFP to consultants and advertise availability
April 2, 2001 Pre -proposal Conference
April 4, 2001 Due date for proposals
April 11, 2001 Interviews of short-listed firms. Interview panel
to develop recommendation to
April 18, 2001 City Council meeting to approve entering into
negotiations with recommended team
July 1, 2001 Project Completion
WORK PERFORMANCE EXHIBIT 4
RFP For Project Report and Environmental Document for Atlantic
Boulevard Bandini Boulevard : 710 Improvements and Annexation
- Name and. Address (PdM) DBE APB Podn of work tO be fb:,n��]
I EXHIBIT 115" ;
Sample Contract
AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES
THIS AGREEMENT is made, entered into and executed in
duplicate originals, either copy of which may be considered and
used as the original hereof for all purposes, as of this
day of , 1999, in the City of Vernon, County of Los
Angeles, California
BY AND BETWEEN
AND -
THE CITY OF VERNON,
(hereinafter referred to as
.City«j
4505 Santa Fe Avenue
Vernon, California 90058
(hereinafter
referred to as "Consultant")
�TN�ETii
WHEREAS, the City desires to retain a company to perform
services for the project known as the
and
WHEREAS, the City desires to engage the Consultant for
the services hereinafter described; and
WHEREAS, Consultant submitted a proposal to City dated
1999 ("the Proposal") which includes a description of
proposed services and a cost proposal; 'and
WHEREAS,. the Consultant represents that it is qualified
to perform such services under this Agreement for Professional
Consulting Services (hereinafter "Agreement")_
NOW, THEREFORE, -THE PARTIES HERETO DO MUTUALLY AGREE AS
SET FORTH HEREIN:
consultant shall perform services as outlined in the
Proposal, which is made a part hereof by reference. It is
understood and agreed that in the event of a conflict between the
Proposal and this Agreement, the terms of this Agreement shall
prevail_ It is further understood and agreed that the following
provisions in the Proposal are deemed omitted:
II _ TIME OF PERFORMANCF,
Consultant's services herewith shall commence upon
signing of the Agreement -and shall be completed according to the
Proposal, unless terminated or extended.
III_ COMPENSATION
1- Sey-v1 - -a. The City shall compensate the
Consultant for actual effort expended on a time and expense basis
-in accordance with the fee schedule set forth in the Proposal.
The total compensation shall not exceed
($ ) without the written
approval of the City.
2.. menses. .Directly related travel expenses and
other costs may be billed if approved in advance by the City
Administrator_
IV. 1=OD OF PAYMENT
Within thirty (30) days after the last day of any month
in which services have been performed or costs incurred hereunder,
the Consultant shall submit an invoice to the City stating the
amount due the Consultant. Invoices shall contain an itemization
of services rendered, directly related job expenses and
subcontract charges, and an estimate of the percentage completed
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for each milestone or task. Consultant shall be responsible for
paying all subcontractors used in the performance of this
Agreement. Subcontractors shall not bill the City directly.
Payment of the invoice shall be made after acceptance and
approval by the City within thirty (30) days of receipt. The
City's approval of the invoice shall not be unreasonably withheld.
V. CHAN('FS ND FXTRA SERVTCES
The City reserves the right to request changes in the
services to be performed by the Consultant. All such changes
shall be incorporated in written change orders executed by the
City and the Consultant which shall specify the changes ordered
and the adjustment of compensation and completion time required
thereof_
Any services added to the scope of this Agreement by a
change order shall be executed under all applicable conditions of
this Agreement. No claim for additional compensation or extension
of time shall be recognized unless contained in a duly executed
change order.
VI. CONFTD.NTTAT, TNFO [fig -ION
1. Accezz o Confi dCnt-i al Tnformati . gn. The City of
Vernon may provide Consultant with, or allow Consultant access to,
certain information not available to the public concerning the
City of Vernon, or businesses located in the City of Vernon,. The
information may include company information, taxes, sales, value
of assets, or other such information. All such information shall
be known as "Confidential Information" and may not be used to
circumvent the responsibility of either party to this Agreement.
2. No D'VOiDwrP. Except as expressly permitted,
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Consultant shall not disclose, permit the disclosure of, release,
disseminate, or transfer, whether orally or by any other means,
any part of such Confidential Information to any other person or
entity, whether corporate, governmental, or individual, without
the express prior written consent of an authorized representative
of the City of Vernon. Consultant shall return any written -
Confidential Information, and all copies made of such items, to
the City upon the City's written request, but in any event not
later than the date that the Consultant has performed all services
to be performed pursuant to this Agreement_ Consultant hereby
agrees that such Confidential Information and any documents
provided may be used by Consultant only as authorized by the City
or the City of Vernon. Consultant shall take reasonable measures
to avoid any disclosure of any such Confidential Information to
any unauthorized person.
3. Court. Ordergrl D1sr1 osUrP. Consultant shall
immediately notify the City of any court order or subpoena
requiring disclosure of Confidential Information, and shall
cooperate with legal counsel in the appeal or challenge of any
such order or subpoena. Recipient may only disclose Confidential
Information required to be disclosed pursuant to court order or
subpoena after legal counsel has exhausted any lawful and timely
appeal or challenge.
4. Rene iez_. In addition to any other remedies
that it way have at law or in equity, the City shall be entitled
to a temporary and permanent injunction bya, court of competent
jurisdiction against any breach or threatened breach of the
Confidential Information provisions of this Agreement. Consultant
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acknowledges that in case of such breach or threatened breach of
said provisions, the City would have no adequate remedy at law.
► �1�1► : ► ► `11):: ► �i'
1. Indemnification Qf City. The Consultant shall
indemnify, defend, protect and hold the City and its officers,
agents and employees, free and harmless from and against any and
all claims, demands, losses, damages, liabilities, fines, charges,
penalties, orders, judgments, and all costs and expenses incurred
in connection therewith, including reasonable attorneys fees and
costs of defense arising out of or attributable to the negligent
or wrongful acts of Consultant or its subcontractors, employees or
agents'in the performance of services under this Agreement, except
to the extent arising from or caused by the sole active
negligence or willful misconduct of the City, its officers, agents
or employees.
2. Tnsurance. Prior to commencing work hereunder,
the Consultant shall provide the City with proof of insurance
Providing and maintaining the coverages and endorsements set forth
in the Insurance schedule attached hereto as Exhibit "A;"
provided, that coverage is not required for active negligence of
the City to the extent that indemnification for the City•s active
negligence would be invalid under Section 2782(b) of the
California Civil Code. Said proof of insurance shall also provide
that said policy or policies shall not be canceled or materially
reduced in coverage without giving at least thirty (30) days prior
written notice to the City.
► Colts•;•►
1. Sndenendent Cont actor. At all times during the
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term of this Agreement, the Consultant shall be an independent
contractor and shall not be an employee of the City. The City
shall have the right to control the consultant only insofar as the
results of the Consultant's services rendered pursuant to this
Agreement; however, the City shall not have the right to control
the means by which the Consultant accomplishes services rendered
pursuant to the Agreement except to the extent that such services
involve the use of City of Vernon property or Confidential
Information.
2. ronsliltnnt Not Aa n . Except as the City may
specify in writing, the consultant shall have no authority,
express or
implied, to
act on behalf of
the City in
any cipacity
whatsoever
as an agent.
The Consultant
shall have no authority,
expressed or implied, pursuant to this Agreement to bind- the City
to any obligation whatsoever.
3. Validity. The validity, interpretation and
performance of this Agreement shall be controlled and construed
under the laws of the State of California.
consulting services with the exception of computer software
developed by thg Consultant, shall become the property of the City
and shall be delivered to the City before the end of the
performance of this Agreement. Computer software shall remain the
Property of the Consultant, except for the City's continued right
to use said software at no extra cost. Copies of all daily field
summary reports, field memoranda, field and laboratory test
results, and final reports shall be made available to the City.
Consultant may not assign or subcontract any right or obligation
of this Agreement except with the express written consent of the
City. Any other attempted or purported assignment -of any right or
obligation pursuant to this Agreement shall be void and of no
effect.
6. Terming 'on. This Agreement may be terminated
by the City without cause on thirty (30) days written notice to
the Consultant. The Consultant shall be entitled to the
compensation earned by it prior to the date of the termination
notice, computed pro rata up to and including that date, plus
compensation for work performed during the thirty -day notice
period and authorized in the termination notice. Consultant may
terminate this Agreement on twenty (20) days. written notice to the
City if City fails to pay Consultant's invoice within forty-five
(45) days of receipt by City; provided, that the Agreement shall
not be terminated if the City issues payment within said twenty -
day notice period.
7. Attorney' e . In the event that it becomes
necessary for either party to this Agreement to enforce any of the
provisions of this Agreement, the parties agree that a court of
competent jurisdiction may determine and fix reasonable attorney's
fees to be paid to the successful -litigant.
8. Notices. Notices to the parties unless
otherwise requested in writing shall be sent to:
City: THE CITY OF VERNON
ATTN: BRUCE V. MALRENHORST
CITY ADMINISTRATOR
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
Consultant:
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IX. ENTIRE AGREEMENT
This Agreement is the entire Agreement of the parties,
the Consultant represents that in entering.into this Agreement, it
has not relied on any previous representations -or understandings
of any kind or nature.
X. BEN .FTT OF A ,$FFMFNT
This Agreement shall bind and benefit the parties hereto
and their heirs, successors, and permitted assigns.
This Agreement shall be governed by and construed and
enforced in accordance with the laws of the State of California.
IN WITNESS WHEREOF, the City and the Consultant have
executed this Agreement as of the date first hereinabove set
forth.
BY:
ATTEST:
BRUCE V. MALiCENHORST, City Clerk
APPROVED AS TO FORM:
DAVID B. BREARLEY, City Attorney
THE CITY OF VERNON
LEONIS C. MALBQRG, Mayor
(Consultant)
By:
Title:
By:
Title:
INSURANCE SCHEDULE (CONSULTANT)
The Contractor shall provide proof of insurance, including a standard
certificate of insurance, in at least the following amounts and
coverage (combined single limit permitted):
I• Coverage and Limits
Bodily Injury Property Damage
Hazards Each Person Each Accident Each Accident
Automobile Liability
Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Hired Automobiles $ 500,000 $1,000,000 $ 500,000
Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Workers' Compensation S Statutory
Employers' Liability S1,000,000 per employer
II. General and
Professional Liability
Premises Operations
$1,000,000
$2,000,000
$1,000,000
Elevators
(.if applicable)
$1,000,000
$2,000,000.
$1,000,000
Independent
Contractors
$1,000,000
$2,000,000
$1,000,000
Products - Completed
Operations
$11000,000
$2,000,000
$1,000,000
Contract Liability
$1 000 000
$2,000,000
$1,000,000
Professional Liability
$2,000,000
$2,000,000
$2,000,000
a. The general liability policy shall contain the following special
endorsements which shall be noted on or attached to the standard
certificate of insurance:
1. An endorsement naming the City of Vernon, its officers, and
employees as insureds under the policy.
• 2. An endorsement providing the City of Vernon thirty (30) days.
notice of cancellation or material reduction of coverage.
3. An endorsement providing coverage for all operations under
this Agreement.
4. Such other endorsement as may be required by addendum hereto.
b. In addition to the standard certificate.of insurance, proof of
general and professional liability coverage shall be furnished in the
form checked below. Certification of the following proofs by the
insurance agent or broker will not be accepted:
X For each policy, a notarized letter from the underwriter or
carrier certifying that the coverage and statements in the
standard certificate of insurance (attached thereto) are true
and correct and that the signator is an officer authorized to
so certify.
A copy of each policy certified by an officer of the
underwriter or carrier and notarized.
INSURANCE FORM LETTER
(To be issued on insurance carrier letterhead. This
letter must be notarized).
Date:
City Clerk
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Re: -Insurance for City of Vernon
(description of permit or contract)
Policy Numbers)
Named Insured:
City Clerk:
I hereby certify that the certificate of insurance attached
hereto and made a part hereof by reference truly and accurately
represents the above cited insurance policies and the insurance
coverage of each for the named insured issued by
(insurance carrier).
The City of Vernon, its officers, and employees are included
in said policies as additional insureds and the City of Vernon will
be provided with thirty (30) days written notice of cancellation or
material reduction of coverage.
I certify that I am an officer of the insurance carrier named
herein and. that I am authorized to sign this certificate on behalf
of said insurance carrier.
Signature
Title
12/91
SUPPORTING
DOCUMENTS
OMMUNITY
SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Bruce V. Malkenhorst, City Administrator
FROM: Samuel "Kevin" Wilson, Director of Community Services
& Water
DATE: March 12, 2001
SUBJECT: U.S. POSTAL PROPERTY I-710 ATLANTIC/BANDINI
As you are aware the U.S. Postal Service has advised the
City that it is their intent to dispose of the 10 acre parcel of
land at the northeast corner of Atlantic and Bandini Boulevards
by the end of their fiscal year. This parcel of land is proposed
to be improved with a loop on -ramp as part of the I-710 Atlantic
Bandini Reconfiguration.
If this property is purchased by a developer it could
adversely effect the price of the property. Therefore, I believe
it to be prudent for the City to acquire the parcel as soon as
possible.
The City has not completed the final EIR or Project Report
for the project. These are scheduled to be completed by July
2001. In order for the City to acquire the land now an early
acquisition application must be submitted for approval to
Caltrans.
Currently the City has neither the staff nor the expertise
to prepare this application which requires that an appraisal be
conducted.
Holmes and Narver, the City's consulting engineer on this
project has submitted the attached proposal to complete and
submit the application on the City's behalf. The cost of $3,848
appears to be reasonable and it is recommended that a change
order be issued to Holmes and Narver to complete this task.
Additionally, in order to acquire the parcel the City will
need to hire a right of way consultant in order to prepare the
appraisals and acquisition certifications in accordance with
Caltrans procedures. I am currently preparing a request for
proposals to select a consultant to perform this work.
SKW/ca
Enclosure
MR-06-2001 14:57 FROM DMJM+HARRIS
4 ,
TO 813235882761 P.01iO4
i
TO: Name/Title:
Kevin Wilson
Organization:
City of Vernon
Fax No.:
323,588.2761
Telephone No.:
323.583.8811
FROM: Name/Title: Andy Muth
Fax No.: 714.567.2441
Telephone No.: 714.567.2522
SUBJECT: I-710/Atlantic-Bandini Interchange Pit
Facsimile Transmission
Date: March 6, 2001
Message No.: 01
File: 3301-351.02
Pages Including Cover: 4
ttiard Copy to Follow:
N Yes ❑ No
Kevin,
Attached is our draft proposal to prepare the Caltrans protection application for early acquisition of the
USPS parcel. Please note that the proposal does not include a formal appraisal, based on direction by Jean
Quan of Caltrans.
Please let me know if you need anything else.
Andy Muth
Post Office Box 6240, Orange, CA 92613-6240 999 Town & Country Road, Orange, CA 92868
k%noramlVNFRA_PROJIMOI1adr inVaxeslcvU30601-doe
MAR-06-2001 14:5? FROM DMJM+HARRIS
1
TO 813235882761 P.02iO4
Holmes & Narver
INFRASTRUCTURE
March 6,2001
3 3 01-115-LTR-020.DOC
Mr. Kevin Wilson
City of verron
4305 Santa Fe Avenue
Vernon, CA 90058
RE: I-710/Atlantic-Bandini Interchange
Protection Application for Advance Right of Way Acquisition
Dear Mr. Wilson:
The following is Holmes & Narvers' proposed scope of work and fee to prepare the Caltrans
Protection Application for advance right of way acquisition.
BACKGROUND
The United States Postal Service (USPS) currently owns a vacant parcel of land in the northeast
quadrant of the I-710/Atlantic Boulevard-Bandini Boulevard Interchange. This vacant USPS
parcel is the proposed site of significant interchange and local street improvements that are
identified in the current Project Report (PR). It is our understanding that the USPS has agreed to
sell the parcel to the City of Vernon, contingent on the purchase being completed by the end of
August 2001. Since environmental clearance has not been secured on the project, the City would
like to proceed with the early acquisition of the USPS parcel to accommodate the schedule
constraints. Caltrans requires that the Deputy District Director of Right of Way (DDD-R/W)
approve each protection request for advance right of way acquisition.
SCOPE OF WORK
• Prepare a "Protection Request" letter for the proposed protection acquisition of the USPS
parcel.
• Prepare a "Resume of Protection Request" and include as an attachment to the Protection
Request letter.
• Prepare a "Protection Acquisition Savings Estimate" and include it as an attachment to the
Protection Request letter.
• Prepare a Detail Map and Strip Map and include as attachments to the protection request
letter.
Post Office Box $240, Orange, CA 92863-6240 999 Town & Country Road, Orange, CA 92888-4786
Fax (714)567-2441 (714)567-2400
MRR-06-2001 14:57 FROM DMJM+HARRIS TO 813235882761 P.03iO4
ASSUMPTIONS AND EXCLUSIONS
• A formal appraisal will not be performed, based on verbal direction by Jean Quan of Caltrans
on March 5, 2001.
• The City of Vernon will procure and provide the written approval for early acquisition from
the City Attorney's Office.
• The City of Vernon will provide the federal funding participation request, if applicable.
FEE ESTIMATE
The estimated fee for the tasks described herein is $3,848. See the attached spreadsheet for a
breakdown of labor hours. Please note that the proposed fee includes an amount of $1,100 for
right of way support from the real estate appraisal firm of R.P. Laurain & Associates. If this
proposed scope of work and fee does not meet your expectations or you need additional
information, please give me a call. We appreciate the opportunity to submit this proposal and
look forward to continuing our relationship with the City.
Resp tfully submitted,
7
VICTOR J. MARTINEZ, P.E.
Vice President
MPR-06-2001 14:57 FROM DMJM+HARRIS TO 813235882761 P.04iO4
CITY OF VERNON
I-710Interchange Improvements at Atlantic Boulevard/Bandini Boulevard
Cost Summary- Prepare Application for Right of Way Protection Acquisition
TASK
PM
TS140
Sr Eaginaor I
$99
Engincer
S86
I Sr Cadd I
Sao
Ud Tech
S60
Clerical
S50
Taal I
Hours
Total Cast
Application for R/W Protection Acquisition
Right of War support (Ron P. Laurain & Associates)'
10
$1,1
Maps and Exhibits
2
16
is
$1,47
Prep w Application W/Attachments
2
10
12
51.270
TOTAL
$290
S1,188
SO
$1,
$01
So
40
S3,84
Now
'Outside cosus (subconsalttn % printing, etc.) include 10% G&A markup
TOTAL P.04
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro—Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
Finance Committee
City of Vernon
Honorable Members:
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
March 15, 2001
EDUARDO OLIVO
City Attorney
FAX: (562) 927-8722
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
STEVEN E. PARKER
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
In order to continue with the I-710 Atlantic/Bandini Interchange
Project a 10-acre parcel owned by the U.S. Postal Service must be
acquired. The U.S. Postal Service has advised the City that they
intend to sell the property by the end of their fiscal year, August
31, 2001. If the property is sold to a developer the value of the
property could dramatically increase. The City is seeking to protect
the property by an early acquisition process allowed by Caltrans. An
application will be submitted to Caltrans to allow the City to
purchase the property prior to the final project report and the
approval of the environmental document.
The City does not have the staff nor the expertise to prepare the
required appraisals and certifications; therefore, the Community
Services and Water Department is requesting authority to seek
proposals from qualified right of way consultants to assist in the
acquisition of the property and to follow federal and state guidelines
for reimbursement purposes. The consultant will only be retained if
Caltrans approves the early acquisition application and it is hereby
Finance Committee
March 15, 2001
Page 2
recommended that the Community Services and Water Department be
authorized to seek proposals from qualified consultants to assist in
the early acquisition of.land from the U.S. Postal Service at an
approximate cost of $50,000.00.
Very truly
yours
Bruce V. Malkenhorst
Director of Finance
BVM/ng
TO:
FROM:
DATE:
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
Bruce V. Malkenhorst, City Administrator
/W
Samuel "Kevin" Wilson, Director of Community Services
& Water
March 15, 2001
SUBJECT: U.S. POSTAL SERVICE ACQUISITION
The City of Vernon is in the process of improving the I-710
Atlantic/Bandini Interchange. As part of the project a 10-acre
parcel owned by the U.S. Postal Service must be acquired. The
U.S. Postal Service has advised the City that they intend to
dispose of the property by the end of their fiscal year, August
31, 2001. If the property is sold to a developer the value of
the property could dramatically increase. The City is therefore,
seeking to protect the property by an early acquisition process
allowed by Caltrans. The City will be making an application to
Caltrans, which will allow the City to purchase the property
prior to the final project report and environmental document
being approved.
The Community Services Department is requesting authority to
seek proposals from qualified right of way consultants to assist
in the acquisition of the property. In order to be reimbursed
federal and state guidelines must be followed. The City does not
have the staff nor the expertise to prepare the required
appraisals and certification. The consultant will only be
retained if Caltrans approves the early acquisition application.
Therefore, it is recommended that
Community Services Department request
proposals from qualified right of way
the turn key acquisition of land from
It is estimated that this service will
$50,000.00
SKW/ca
Enclosure
c: City Attorney
City Council approve the
to seek request for
consultants to assist in
the U.S. Postal Service.
be approximately
OFFICE OF THE CITY ADMINISTRATOR/CITY CLERK
INTER -OFFICE MEMORANDUM
DATE: March 26, 2001
TO: Samuel Kevin Wilson
Director of Community Services and Water
FROM: Gloria Oro co, Chief Deputy City Clerk
RE: Resolution No. 7736
Transmitted herewith is a copy of Resolution No. 7736
approved and adopted by City Council at their meeting held
March 21, 2001 authorizing the issuance of a request for
proposals from qualified right-of-way consultants regarding
the I-710 Atlantic/Bandini Interchange Project.
GJO:ng
CC,; Resolution No. 7736