Resolution No. 79061
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RESOLUTION NO. 7906
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
BY AND BETWEEN THE CITY OF VERNON AND EPIC LAND
SOLUTIONS, INC.
WHEREAS, the City of Vernon is in the process of improving
the I-710 Atlantic/Bandini Interchange (the "Project") and, as part of
the Project, a 10-acre parcel owned by the United States Postal Service
(the "USPS") needs to be acquired; and
WHEREAS, on March 31, 2001, the City Council of the City of
Vernon adopted Resolution No. 77,36 approving a 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 Project ("RFP"); and
WHEREAS, on March 31, 2001, the City Council of the City of
Vernon adopted Resolution 7732 approving a State Transportation
Improvement Programs letter agreement with the Metropolitan
Transportation Authority to secure the obligation of funds for the
Project; and
WHEREAS, on April 18, 2001, the City Council of the City of
Vernon adopted Resolution No. 7748 adopting the Final Environmental
Impact Report for the Project; and
WHEREAS, on May 23, 2001, the City Council of the City of
Vernon adopted Resolution No. 7770 approving a Cooperative Agreement
with the State of California, acting by and through its Department of
Transportation ("Caltrans") setting forth the terms and conditions
under which the Project will be developed, designed and financed; and
1 WHEREAS, the City of Vernon has received an "Authorization
2 to Proceed" notice from Caltrans, a copy of which is attached hereto
3 as Exhibit "A" and made a part hereof, to enter into an agreement with
4 a right of way acquisition consultan to assist the City in preparing
5 the necessary appraisals and certifi ation and to ensure that the turn
6 key acquisition of the real property currently owned by the USPS
7 conforms to all State and Federal guidelines so as to avoid
8 jeopardizing Federal participation in the subsequent project and to
9 ensure reimbursement; and
10 WHEREAS, the RFP was sent and responses were received from
11 Epic Land Solutions, Inc., Overland Resources, Inc. and Cutler &
12 Associates, Inc. all of which were reviewed and evaluated by the
13 Community Services & Water Department; and
14 WHEREAS, the Community Services & Water Department deemed
15 Overland Resources, Inc. to be the lowest responsible qualified
16 consultant submitting a proposal; however, Overland Resources, Inc.
17 declined to negotiate an agreement with the City and Epic Land
18 Solutions, Inc. was deemed the next lowest responsible qualified
19 consultant; and
20 WHEREAS, by letter dated January 31, 2002, Bruce V.
21 Malkenhorst, the City Administrator/City Clerk, recommended that a
22 professional consulting services agreement be entered into with Epic
23 Land Solution, Inc., at a cost not to exceed Twenty -Five Thousand One
24 Hundred Seventy -Five Dollars and No Cents ($25,175.00) plus escrow and
25 Title Insurance costs.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
27 CITY OF VERNON AS FOLLOWS:
28 SECTION l: The City Council of the City of Vernon hereby
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V, t♦. t x .x x ,.. x x • t r t
1 finds and determines that the recitals contained hereinabove are true
2 and correct.
3 SECTION 2: The City Council of the City of Vernon hereby
4 accepts the proposal of Epic Land Solutions, Inc. and approves the
5 Agreement for Professional Consulting Services, a copy of which is
6 attached hereto as Exhibit "B" and made a part hereof.
7 SECTION 3: The City Council of the City of Vernon hereby
8 authorizes the Mayor and the City Clerk to execute said Agreement for,
9 and on behalf of, the City of Vernon.
10 SECTION 4: The City Council of the City of Vernon hereby
11 directs the City Clerk, or his designee, to send one fully executed
12 Agreement to:
13 Epic Land Solutions, Inc.
Attn. Holly Overcamp, President
14 24050 Madison Street, Ste. 205
15 Torrance, CA 90505
16 SECTION 5: All other responses in connection with the RFP
17 are rejected, subject to execution of the aforesaid contract
18 documents.
19 SECTION 6: 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 6th day of February, 2002.
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25 �EONIS C. MALBU G, Mayor
26 ATTEST:
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28 G%
BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
7906, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, February 6,
2002, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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SUPPORTING
DOCUMENTS
EXHIBIT
FAW
-� GRAY DAVIS, Governor
STATE OF CALIFORNIA - BUSINESS TRANSPORTATION AND HOUSING AGENCY GGrr''
DEPARTMENT OF TRANSPORTATION
DISTRICT 7, OFFICE OF LOCAL PROGRAMS
700 N. ALAMEDA STREET, 4T" FL.
LOS ANGELES, CA 90012
(213) 620-6544
(213) 620-6583 FAX
November 20, 2001
Mr. Kevin Wilson
Director of Community Services & Water
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
Dear Mr. Wilson:
NOV 2 6 2001
Community Services
07-LA-0-VER
RPSTPL-5139(009)
I-710 Freeway: Atlantic Blvd
Intersection Improvements.
Attached is your authorization to proceed with the Preliminary Engineering and Right of Way
phases of the above mentioned project. The effective date of authorization is September 06, 2001.
In order to advertise, award and administer the construction contract for this project, you must
secure federal authorization and obligation of funds for this work. Please submit to this office your
"REQUEST FOR AUTHORIZATION TO PROCEED WITH CONSTRUCTION" on your agency's
letterhead with all the appropriate required documents in one package. Please refer to the Local
Assistance Procedures Manual, dated February 01, 1998, Exhibit 3-C for format and required documents.
It is emphasized that advertising this project before you receive authorization to proceed with
construction would jeopardize federal participation in project funding.
If you have any questions, please call Mr. Mazen Dabboussi of my staff at (213) 620-6430.
Sincerely,
SATISH CHANDER, Chief
Office of Local Assistance and Alameda Corridors
Attachment
i
FM-76 (VERSION E-76)
AUTHORIZATION/AGREEMENT SUMMARY
/
DEPARTMENT OF TRANSPORTATION
FEDERAL AID
PROGRAM
CALIFORNIA
PROD LOCATOR 07-LA-0-VER
PREFIX
RPSTPL
PROJECT LOCATION
BLVD INTERSECTION IMPROVEMENTS -REV_ ADATE
PROJECT NO
5139(009)
I-710/ATLANTIC
---------
SEQ NO
1
PE 09/06/01
DIST-EA
07-4U2264L
TYPE OF WORK
RECONFIGURATION OF THE I-710 RAMPS.
R/W 09/06/01
AGENCY
VERNON
CON
ROUTE
NA
FED. RR NOS
TIP DATA:
PVC CODES)
EXEMPT FROM FHWA REVIEW
AppR CODES Q24
MPO/YEAR
SCAG
01/06
ENV STATUS FONSI 03/29/01
LING NOS 10 20
DATE
WORK CLASS 1 2
SHEET
URBANIZED
16 R/W STATUS
LA -LONG BEAM POPULATION 50,000 TO 200,000
FUNC. CL. UC08
URB/RURAL
URBAN AREA
BRIDGE NOS
PHASE
PROJECT COST FEDERAL COST
--------PRE
------------------------------
___V. OBLIGATION 0
200,000
0
167,270
PE
THIS REQUEST
200,000
167,270
SUBTOTAL
--------
-------------------------------
PREV. OBLIGATION 0
7,163,000
0
5,990,730
R/W
THIS REQUEST
7,163,000--------
5,1 990,730
SUBTOTAL
--------
------------------------------
TOTAL 7,363,000
6,158,000
PPNO - 07-17190
STATE REMARKS \
FIELD REVIEW DATE: NONE APPN. CODE: Q24 PPNO. # 07-17190.
PROJECT # RPSTPL-5139(009) *** STIP PPNO. # 07-4300 ***
THIS REQUEST IS FOR PRELIMINARY ENGINEERING AND RIGHT OF WAY ONLY
ENVIRONMENTAL DOCUMENT IS AN EA, TYPE.3 (FONSI) APPROVED BY FHWA ON 03/29/01 .
PROJECT IS INCLUDED IN THE FTIP UNDER STATE HIGHWAY CATEGORY APPROVED 10/06/00
TOTAL COST PART. COST FED. COST STATE MATCH OTHER FUNDS
PENG $ 300,000 $ 200,000 $ 167,270 $ 32,730 $ 100,000
ROWA $ 10,445,000 $ 7,163,000 $ 5,990,730 $1,172,270 $ 3,282,000
TOTAL 10,745,000 $ 7,363, 000 $ 6,158,000 $1,205,000 $ 3,382,000
$
09/06/01:Authortzed $6,158,000 of Q24(RPB) money for P3&E ($167,270) and R/W
($5,990,730).The federal share is slightly under the standard 88.53% while the
State share is over the standard 11.47% due to an error on'the CTC vote box.
Please reimburse uP to the requested/authorized amount. mkt.
AUTHORIZATION TO PROCEED WITH P/R PREPARED BY MAZEN DABBOUSSI
DESIGN & RIGHT/WAY .REVIEWED BY MASOOD TAHERI
AUTHORIZED BY M. TAHERI
ELECTRONIC SIGNATURE DOCUMENT TYPE AUTH/AGREE SIGNED BY M. TAHERI
OBLIGATED BY A WRIGHT
LATEST FHWA ELECTRONIC SIGNATURE FOR AUTH/AGREE EXECUTED BY GARY D YARSER
/1.v.I
ON 08/31/01 (213)620-6430
ON 09/06/01 8-453-7928
ON 09/06/01
ON 09/06/01 FOR CALTRANS
ON 09/06/01 FOR FHWA
ON 09/07/01
1 AGREEMENT FOR
2 PROFESSIONAL CONSULTING SERVICES
3
4 THIS AGREEMENT is made, entered into and executed in
5 duplicate originals, either copy of which may be considered and used as
6 the original hereof for all purposes, as of this
day of February.,
7 2002, in the City of Vernon, County of Los Angeles, California
8 BY AND BETWEEN THE CITY OF VERNON (hereinafter
referred to as the "City")
9 4305 Santa Fe Avenue
Vernon, CA 90058
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AND
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EPIC LAND SOLUTIONS, INC., a
California Corporation
(hereinafter referred to as the
"Consultant")
24050 Madison Street, Ste. 205
Torrance, CA 90505
15
16 RECITALS
17 WHEREAS, the City desires to retain a consultant to perform
18 appraisal and acquisition services for the City in connection with the
19 turn key acquisition of real property currently owned by the United
20 States Postal Service ("USPS"); and
21
WHEREAS, the acquisition of this real property is part of
22 the City's efforts on a project known as the I-710 Atlantic/Bandini
23 Interchange Improvement Project ("the Project"); and
24 WHEREAS, the City requested proposals from qualified right
25 of way consultants to assist the City in the acquisition of this
26 property, a copy of the City's Request for Proposal is attached hereto
27 as Exhibit "A" and incorporated herein by reference as though fully
28 set forth; and
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WHEREAS, the Consultant submitted a proposal to the City
which includes a description of the task items it would perform and
project fees, copies of which are attached hereto as Exhibit "B" and
Exhibit "C", respectively, and incorporated herein by reference as
though each were fully set forth; and
WHEREAS, Consultant has advised the City that it is
qualified to perform such services under this Agreement; and
WHEREAS, the City desires to engage the Consultant for the
services hereinafter described.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
11 IIFORTH HEREIN:
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1. SCOPE OF SERVICES.
The Consultant shall perform its services under the general
supervision of the City Administrator and the Director of Community
Services and Consultant's scope of services shall be assigned by the
City Administrator and the Director of Community Services and include,
but not be limited to, the Required Tasks identified Exhibit "A" and
the task items listed in Exhibit"B." It is understood and agreed that
19 in the event of a conflict between the scope of services to be
20 performed by Consultant, that the tasks in Exhibit "A" shall prevail.
21 2. PROGRESS REPORTS.
22 Consultant shall submit progress reports at least once a
23 month until the work hereunder is completed. Consultant shall meet
24 with City staff, upon city's request, or as needed, in order to
25 provide reports or information concerning the services being performed
26 by Consultant under this Agreement.
27 3. TIME OF PERFORMANCE.
28 Consultant's services shall commence upon the signing of the
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1 Agreement by both parties and shall end when Consultant has completed
2 the work on the items in the City's Request for Proposal and the
3 Consultant's scope of work, unless the Agreement is otherwise
4 terminated or extended. Consultant agrees that all services provided
5 will be conducted by the principal and, if staff members are used,
6 their work will be under the supervision of the principal. Consultant
7 shall undertake and carry on the work diligently to conclusion, using
8 that standard of care, skill, and diligence normally provided by
9 professional person in the performance of such services. Consultant
10 shall only perform additional services during this time period when
11 requested by the City Administrator and the Director of Community
12 Services.
13 4. COMPENSATION.
14 A. Consulting Costs.
15 1. The City shall pay Consultant on a flat fee
16 basis or a time and material basis according to the fee schedule set
17 forth in Exhibit "C." The total amount to be paid to Consultant under
18 this Agreement on a flat fee basis is Twenty -Five Thousand One Hundred
19 Seventy -Five Dollars and No Cents ($25,175.00). If changes and extra
20 services are requested by the City pursuant to paragraph 6 of this
21 Agreement, then the City shall pay for those services on a time and
22 material basis per the hourly rate schedule (Column 4) set forth in
23 Exhibit "C."
24 B. Other Expenses. Expenses may only be billed if
25 advance written approval has been obtained from the City
26 Administrator.
27 C. Taxes. Consultant shall be solely responsible for
28 all applicable income taxes and assessments arising from providing
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1 services under this Agreement, including but not limited to, corporate
2 and individual federal and state income taxes, social security taxes
3 (FICA), Medicare taxes, unemployment taxes and all other taxes and
4 assessments of every type and description due under this Agreement.
5 Consultant shall indemnify and hold harmless City from any claims,
6 demands or litigation (including court costs and reasonable attorney's
7 fee) for the taxes, interest and any penalties related to the subject
8 taxes.
9 5. METHOD OF PAYMENT.
10 Consultant shall submit within thirty (30) days after the
11 last day of any month in which services have been performed or costs
12 incurred hereunder an invoice to the City for payment. Invoices shall
13 contain an itemization of services rendered, directly related job
14 expenses and subcontract charges incurred by Consultant for which
15 compensation is due, and an estimate of the percentage completed for
16 each milestone or task. Consultant shall be responsible for paying any
17 subcontractors used in the performance of this Agreement.
18 Subcontractors shall not bill the City directly.
19 Payment of the invoice shall be made after acceptance and
20 approval by the City within thirty (30) days of receipt. The City's
21 approval of the invoice shall not be unreasonably withheld.
22 6. CHANGES AND EXTRA SERVICES.
23 The City reserves the right to request changes in the
24 services to be performed by Consultant. All such changes shall be
25 incorporated in written change orders executed by the City and
26 Consultant that shall specify the changes ordered and the parties shall
27 mutually negotiate an adjustment of compensation and completion time if
28 required thereof.
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1 Any services added to the scope of this Agreement by a change
2 order shall be executed under all applicable conditions of this
3 Agreement. Consultant should be paid according to the fee schedule in
4 Exhibit "C." No claim for additional compensation for services or
5 extension of time shall be recognized unless contained in a duly
6 executed change order.
7 7. PRODUCTS OF CONSULTING.
8 All products of consulting services, with the exception of
9 computer software developed by the Consultant, shall become the
10 property of the City and shall be delivered to the City by Consultant
11 before the end of the performance of this Agreement. Computer software
12 shall remain the property of the Consultant, except for the City's
13 continued right to use said software at no extra cost. Copies of all
14 daily field reports, field memoranda, field and laboratory test
15 results, and final reports shall be made available to the City.
16 8. TERMINATION. This Agreement may be terminated by the
17 City without cause on thirty (30) days written notice to the
18 Consultant. The Consultant shall be entitled to the compensation
19 earned by it prior to the date of the termination notice, computed pro
20 rata up to and including that date, plus compensation for work
21 performed during the thirty -day notice period and authorized in the
22 termination notice. Consultant may terminate this Agreement on twenty
23 (20) days written notice to the City if the City fails to pay
24 Consultant's invoice within forty-five (45) days of receipt by City;
25 provided, that the Agreement shall not be terminated if the City
26 issues payment within said twenty -day notice period.
27 9. NOTICES. Notices to the parties, unless otherwise
28 requested in writing, shall be sent to:
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e
1 City: THE CITY OF VERNON
ATTN: BRUCE V. MALKENHORST
2 CITY ADMINISTRATOR
3 4305 SANTA FE AVENUE
VERNON, CA 90058-0805
4
5 Consultant: EPIC LAND SOLUTIONS, INC.
A CALIFORNIA CORPORATION
6 ATTN: HOLLY OVERCAMP, PRESIDENT
24050 MADISON STREET, SUITE 205
7 TORRANCE, CA 90505
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9 10. CONFIDENTIAL INFORMATION.
10 A. Access to Confidential Information. The City may
11 provide Consultant with, or allow Consultant access to, certain
12 information not available to the public concerning the City, or
13 businesses located in the City. The information may include company
14 information, taxes, sales, value of assets, or other such information.
15 All such information shall be known as "Confidential Information" and
16 may not be used to circumvent the responsibility of either party to
17 this Agreement.
18 B. No Disclosure. Except as expressly permitted,
19 Consultant shall not disclose, permit the disclosure of, release,
20 disseminate, or transfer, whether orally or by any other means, any
21 part of such Confidential Information to any other person or entity,
22 whether corporate, governmental, or individual, without the express
23 prior written consent of an authorized representative of the City.
24 Consultant shall return any written Confidential Information and all
25 copies made of such items to the City upon the City's written request,
26 but in any event not later than the date that Consultant has performed
27 all services to be performed pursuant to this Agreement. Consultant
28 hereby agrees that such Confidential Information and any documents
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provided may be used by Consultant only as authorized by the City.
Consultant shall take reasonable measures to avoid any disclosure of
any such Confidential Information to any unauthorized person.
C. Court uraerea Lus5uiu, ----
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.
D. Remedies. In addition to any other remedies that
it may have at law or in equity, the City shall be entitled to a
temporary and permanent injunction by a court of competent
jurisdiction against any breach or threatened breach of the
Confidential Information provisions of this Agreement. Consultant
acknowledges that in case of such breach or threatened breach of said
provisions, the City would have no adequate remedy at law.
11. GENERAL PROVISIONS.
A. Independent Contractor. At all times during the
term of this Agreement, Consultant shall be an independent contractor
and shall not be an employee of the City. The City shall have the
right to control Consultant only insofar as the results of Consultant's
services rendered pursuant to this Agreement; however, the City shall
not have the right to control the means by which Consultant
accomplishes services rendered pursuant to the Agreement except to the
extent that such services involve the use of City property or
Confidential Information.
B. Consultant Not Aaent. Except as the City may
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1 specify in writing, Consultant shall have no authority, express or
2 implied, to act on behalf of the City in any capacity whatsoever as an
3 agent. Consultant shall have no authority, express or implied,
4 pursuant to this Agreement to bind the City to any obligation
5 whatsoever.
6 C. Indemnification. Consultant shall indemnify,
7 defend, protect and hold the City and its officers, agents and
8 employees, free and harmless from and against any and all claims,
9 demands, losses, damages, liabilities, fines, charges, penalties,
10 orders, judgments and all costs and expenses incurred in connection
11 therewith, including reasonable attorney's fees and costs of defense
12 arising out of or attributable to the negligent or wrongful acts of
13 Consultant or its subcontractors, employees or agents in the
14 performance of services under this Agreement, except to the extent
15 arising from or caused by the sole active negligence or willful
16 misconduct of the City, its officers, agents or employees.
17 D. Insurance. Prior to commencing work hereunder,
18 the Consultant shall provide the City with proof of insurance
19 providing and maintaining the coverages and endorsements set forth in
20 the Insurance Schedule attached hereto as Exhibit "D" and made a part
21 hereof by reference. Said proof of insurance shall also provide that
22 said policy or policies shall not be canceled or materially reduced in
23 coverage without giving at least thirty (30) days prior written notice
24 to the City. If Consultant fails to provide proof of insurance
25 coverage as specified above, the City may, at its sole discretion,
26 terminate this Agreement immediately.
27 Consultant shall not permit a subcontractor or vendor
28 to perform work on City premises unless and until a certificate of
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insurance is obtained showing that such subcontractor or vendor has
worker's compensation coverage. If Consultant employs subcontractors
as part of the services rendered, Consultant's protective coverage is
required. Consultant may include all subcontractors as insureds under
its own policy or shall furnish separate insurance for each
subcontractor, meeting the requirements set forth herein-
E. Governing Law. The validity, interpretation and
performance of this Agreement shall be controlled and construed under
the laws of the State of California as enacted and in force at the
time this Agreement is fully executed.
F. Assignment and Subcontracting Prohibited.
Consultant may not assign or subcontract any right or obligation
pursuant to 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.
G. Amendments. Except as may otherwise be
specifically provided herein, this Agreement may be modified or
amended only by a written document executed by both Consultant and the
City and approved as to form by the City Attorney.
H. Entire Agreement. This Agreement is the entire
agreement of the parties. Consultant represents that in entering into
this Agreement, it has not relied on any previous representations or
understandings of any kind or nature.
I. Benefit of Agreement. This Agreement shall bind
and benefit the parties hereto and their heirs, successors, and
permitted assigns.
J. Forum Selection. Any action brought relating to
this Agreement shall be brought and held exclusively in a State Court
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1 I1in the County of Los Angeles, California.
211 K. Recitals. All recitals are incorporated by
3 reference.
4 L. waiver. Any waiver at any time by either party of
5 its rights with respect to a default under this Agreement, or with
6 respect to any other matters arising in connection with this
7 Agreement, shall not be deemed a waiver with respect to subsequent
8 default or other matter.
9 M. Attorney's Fees. In the event that it becomes
10 necessary for either party to this Agreement to enforce any of the
11 provisions of this Agreement, the parties agree that a court of
12 competent jurisdiction may determine and fix reasonable attorney's
13 fees to be paid to the successful litigant.
14 N. Force Majeure. Neither Party shall be considered
15 in to be in default in any of its obligations under this Contract when
16 a failure of performance shall be due to an uncontrollable force. The
17 term "uncontrollable force" shall mean any cause beyond the control of
18 the party affected, including, but not restricted to, flood,
19 earthquake, storm, fire, lightening, epidemic, war, riot, civil
20 disturbance or disobedience, labor dispute, labor material shortage,
21 sabotage, federal, state, or municipal action, statute, ordinance, or
22 regulation, embargoes of the United States Government or any other
23 government, which by exercise of due diligence such party could not
24 reasonably have been expected to avoid and by exercise of due
25 diligence has been unable to overcome. Either party rendered unable
26 to fulfill any of its obligations under this Agreement by reason of an
27 uncontrollable force, shall give written notice within five (5)
28 Business Days of such fact to the other party and shall exercise due
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diligence to remove such inability with all reasonable dispatch.
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IN WITNESS WHEREOF, the
parties have caused this Agreement to
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be executed by and through their
authorized officers on the date, month
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and year first written above.
CITY OF VERNON
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By:
LEONIS C. MALBURG, Mayor
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ATTEST:
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BRUCE V. MALKENHORST, City Clerk
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APPROVED AS TO FORM:
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EDUARDO OLIVO, City Attorney
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EPIC LAND SOLUTIONS, INC.,
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A California Corporation
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By: A G--
hmll Overcamp
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Title: President
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By:
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James L. Overcamp, r.
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Titl : Secretary
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EXHIBIT A
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
1.0 Introduction
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 held on
April 2, 2001 at 9:00 am at the Vernon City Hall, 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.
2.2 Purpose
The City requests written proposals from consultants to
assist in the advdnce 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 auphorized 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
WA
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 Tstate 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.o scope of Work
5.1 Project Background
1
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 (USPS). 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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e
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
1
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i0
EXHIBIT '2"
SELECTION CRITERIA
(A) (B) (A) x (B)
r WEIGHT SCORE WEIGHTED
CRITERIA (0 -10) SCORE
;] PROJECT MANAGER
♦ Qualifications and Relevant Experience T2.FOF♦ Unique Qualifications for this Project
l ♦ Time Commitment for this Project
2. PROJECT TEAM
♦ Qualifications and Relevant Individual
Experience
♦ Unique Qualifications of key Members for this 3.0
Project
♦ Time Commitment of Key members
♦ Organization Chart
3. FIRMS CAPABILITIES
♦ Demonstrated Capability on Similar Recent 2.0
Projects
♦ 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 3.0
♦ Ability and Willingness to Respond Timely to
City Requirements
♦ Ability to Interface with other City
Consultants, Public Agencies, Contractors, and
Private Owners
1 TOTAL
I 10.0
Page 1 of 2
• EXHIBIT "2'°= (conti:nued)
SCORING SYSTEM
DEFINITION
POINTS
0 FAIL - Category Evaluated Non -
Responsive
1-4
BELOW AVERAGE - Responses ' Minimally
Acceptable
S AVERAGE - Qualifications Fully
Satisfy Requirements
6-9 ABOVE AVERAGE - Qualificat'ions More
Than Satisfy Requirements
10 EXCELLENT - Qualifications Far
Exceed Requirements
t
Page 2 of 2
EXHIBIT 3
PROPOSED SCHEDULE
RFP 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
f
WORK PERFORMANCE E�CHIBIT 4
RFP For Project Report and Environmental Document for Atlantic
Boulevard Bandi.ni Boulevard : 710 Improvements and Annexation
. Name and. Address (Pdme) DBE APPoX- Portion of wodc to be pedbmied
EXHIBIT "5"
Sample Contract
AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES
THIS AGREEMENT is made, entered into and eecuted in
x
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 THE CITY OF VERNON,
(hereinafter referred to as
'City")
4505 Santa Fe Avenue
Vernon, California 90058
AND (hereinafter
referred to as "Consultant")
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
i
Consulting Services (hereinafter "Agreement").
NOW, THEREFORE, -THE PARTIES HERETO DO MUTUALLY AGREE AS
SET FORTH HEREIN:
I . �jrnPR OF 35FRVICES
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 PERFQRMMCE
Consultant's services herewith shall commence upon
signing. of the Agreement -and shall be completed according to the
Proposal, unless terminated or extended.
III _ $�MpENSATTON
1. services. The City shall compensate the
Consultant for actual effort expended on a time and expense basis
in accordance with the fee schedule set forth in the Proposal.
The total compensation shall not exceed
($ ) without the written
approval of the City.
2.. k=F ns . •Directly related travel expenses and
other costs may be billed if approved in advance by the City
Administrator.
IV. METHOD 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 inOoice 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. ¢iAMMS AND EXTRA SERYICM
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. MNFTDENTTAL. INFORMATION
1. Access to Con,f idential` TnforMation. 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 Disc-iostre. Except as expressly permitted,
1sure of release
di
Consultant shall not sclose, per=J.t the da.sc o . ,
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. rnX-` Ordered nisclosnre. 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 ally•
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. Remedies. In addition to any other remedies
that it may have at law or in equity, the City shall be entitled
to a temporary and permanent injunction by a 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.
VII. INDEMNITY AND IMMA=.
1. Indemni:ication of City. The Consultant siiall
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. Insurance. 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.
1. T.ndeoendent Qgn_t_ra or. 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. Consultant Not Agent_ 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 capacity
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. yalidity. 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 ofIthe Consultant, except for the City Is 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.
5. kns g ment and Slibcontracting Prohibited.
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
's
effect.
6. TP+Mination. 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 rats 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 noticc period.
7. Attorneys Fees_ 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 attorneys
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 . MALICENHORST
CITY ADMINISTRATOR
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
Consultant:
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IX. ENTIRE G2EE1=
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. BENEFiT DE AGREEMENT
This Agreement shall bind and benefit the parties hereto
and their heirs, successors, and permitted assigns.
XI . GOVERNING LAW.
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.
THE CITY OF VERNON
BY:
LEONIS C. MALBQRG, Mayor
ATTEST:
BRUCE V. MALIENHORST, City Clerk
APPROVED AS TO FORM:
DAVID B. BRRARLEY, City Attorney
(Consultant)
By:
Title:
By:
Title:
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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.
Hazards
Automobile Liability
Owned Automobiles
Hired Automobiles
Coverage and Limits
Bodily In'iury Property Damage
Each Person Each Accident Each Accident
$ 500,000 $1,000,000 $ 500,000
$ 500,000 $1,000,000 $ 500,000
Employers' Liability $1 000 000 er e
pmployer
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
000 000
$1, ,
Products - Completed
Operations
$1,000,000
$2,000,000
$1,000,000
Contract Liability
$1 000 000
$2 000 000
S1,000.000
$2,000,000
Professional Liability
$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. da s.
• 2. An endorsement providing the City of Vernon thirty (30) y
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 actent 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.
MI
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
EXHIBIT B
1
EXHIBIT "B"
2
SCOPE OF
SERVICES
3
The project is a portion of the future interchange improvements at the
I-710 freeway and Bandini/Atlantic Blvd. At this time, the City is
4
planning
to acquire one full and one part take of vacant land from the
which
5
U.S. Postal Service. Consultant shall provide turnkey services
includes
title, right of way engineering, appraisal, appraisal review,
6
acquisition, escrow and project management services.
7
The Tasks/Services To Be Provided/Accomplished Are:
8
a.
Obtain preliminary title reports for APN's 6332-002-908 and
9
6332-002-932
10
b,
Prepare legal descriptions and plats for both parcels to be
acquired
11
12
C.
Prepare and mail "intent to appraise" letter to the property
owner
13
d•
Obtain appraisal reports from two different appraisers
14
e.
Have both appraisal reports reviewed by a Caltrans approved
15
review appraiser
16
f.
Forward four copies of each appraisal report to the City for
17
review and approval of just compensation
18
g.
Upon the City's approval of just compensation, prepare and
19
deliver to the property owner a written offer including an
appraisal summary statement
20
h.
Negotiate in good faith with the property owner
21
22
i.
Upon settlement of the negotiations, prepare a purchase and
sale agreement. Have agreement executed by buyer and seller
23
and open escrow
24
j.
Coordinate escrow and title services to assure transfer of
title, free and clear to he City of Vernon
25
26
k.
Assist the City in the preparation of the Caltrans right of
way certification for the project. We will provide the City
27
all the right of way information necessary to complete the
certification
28
B - 1
1 1. Attend meetings with the City, Caltrans, and consulting
engineer -Holmes and Narver
2
3 M. Submit written progress reports semi-monthly and ongoing
verbal reports when requested by the City
4
Permits, License And Applicable Law:
5
6 Consultant agrees to obtain all necessary business permits and licenses
and to be in compliance at all times with any and all laws and
7 regulations applicable to the work to be performed under this
Agreement. Any business permits and licenses required as a result of a
8 City assignment or project, i.e., those other than Consultant's usual
and ordinary business permits and licenses, will be at City expense.
9
10 Project Plan:
11 Consultant and the City shall comply, to the best of their ability and
in all good faith, with the attached Project Plan that indicates the
12 schedule of tasks and their start/complete dates. February 11, 2002 is
13 the start date indicated. If the actual start date is different, then
the time for each tasks start/complete will be re -calibrated to provide
14 the same amount of time per tasks and overall completion of the
project.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0
1 EXHIBIT "C"
2 Fee Schedule
3
4 The City shall compensate Consultant on a flat fee basis as tasks are
5 completed. Consultant shall invoice the City listing the task
6 icompleted and the amount owing. The City may request additional work
7 in writing beyond the scope of services described in Exhibits "A" and
8 "B." Those services shall be billed at the rates shown in Column 4
9 listed in the table below.
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23 Note: Escrow (estimated to be $5,000.00) and Title Insurance
24 (estimated to be $7,600) fees along with the purchase price and
25 associated closing costs are to be paid by City directly into escrow
26 and are not included in the above fees.
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C - 1
EXHIBIT D
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EXHIBIT D
INSURANCE SCHEDULE (CONSULTANT)
Consultant 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 $ Statutory
Employers' Liability $1,000,000 per employer
II. General and Professional Liability
General Liability
$1,000,000
$2,000,000
$1,000,000
Independent Contractors
$1,000,000
$2,000,000
$1,000,000
Products - Completed Operations
$1,000,000
$2,000,000
$1,000,000
Contract Liability
$1,000,000
$2,000,000
$1,000,000
Professional Liability
$1,000,000
$1,000,000
$1,000,000
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 additional 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.
EXHIBIT "D"
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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 February,
2002, in the City of Vernon, County of Los Angeles, California
BY AND BETWEEN THE CITY OF VERNON (hereinafter
referred to as the "City")
4305 Santa Fe Avenue
Vernon, CA 90058
m
EPIC LAND SOLUTIONS, INC., a
California Corporation
(hereinafter referred to as the
"Consultant")
24050 Madison Street, Ste. 205
Torrance, CA 90505
WHEREAS, the City desires to retain a consultant to perform
appraisal and acquisition services for the City in connection with the
turn key acquisition of real property currently owned by the United
States Postal Service ("USPS"); and
WHEREAS, the acquisition of this real property is part of
the City's efforts on a project known as the I-710 Atlantic/Bandini
Interchange Improvement Project ("the Project"); and
WHEREAS, the City requested proposals from qualified right
of way consultants to assist the City in the acquisition of this
property, a copy of the City's Request for Proposal is attached hereto
as Exhibit "A" and incorporated herein'by reference as though fully
set forth; and
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1 WHEREAS, the Consultant submitted a proposal to the City
2 which includes a description of the task items it would perform and
3 project fees, copies of which are attached hereto as Exhibit "B" and
4 Exhibit "C", respectively, and incorporated herein by reference as
5 though each were fully set forth; and
6 WHEREAS, Consultant has advised the City that it is
7 qualified to perform such services under this Agreement; and
8 WHEREAS, the City desires to engage the Consultant for the
9 services hereinafter described.
10 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
11 FORTH HEREIN:
12 1. SCOPE OF SERVICES.
13 The Consultant shall perform its services under the general
14 supervision of the City Administrator and the Director of Community
15 Services and Consultant's scope of services shall be assigned by the
16 City Administrator and the Director of Community Services and include,
17 but not be limited to, the Required Tasks identified Exhibit "A" and
18 the task items listed in Exhibit "B." It is understood and agreed that
19 in the event of a conflict between the scope of services to be
20 performed by Consultant, that the tasks in Exhibit "A" shall prevail.
21 2. PROGRESS REPORTS.
22 Consultant shall submit progress reports at least once a
23 month until the work hereunder is completed. Consultant shall meet
24 with City staff, upon City's request, or as needed, in order to
25 provide reports or information concerning the services being performed
26 by Consultant under this Agreement.
27 3. TIME OF PERFORMANCE.
28 Consultant's services shall commence upon the signing of the
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Agreement by both parties and shall end when Consultant has completed
the work on the items in the City's Request for Proposal and the
Consultant's scope of work, unless the Agreement is otherwise
terminated or extended. Consultant agrees that all services provided
will be conducted by the principal and, if staff members are used,
their work will be under the supervision of the principal. Consultant
shall undertake and carry on the work diligently to conclusion,.using
that standard of care, skill, and diligence normally provided by
professional person in the performance of such services. Consultant
shall only perform additional services during this time period when
requested by the City Administrator and the Director of Community
Services.
4. COMPENSATION.
A. Consulting Costs.
1. The City shall pay Consultant on a flat fee
basis or a time and material basis according to the fee schedule set
forth in Exhibit "C." The total amount to be paid to Consultant under
this Agreement on a flat fee basis is Twenty -Five Thousand One Hundred
Seventy -Five Dollars and No Cents ($25,175.00). If changes and extra
services are requested by the City pursuant to paragraph 6 of this
Agreement, then the City shall pay for those services on a time and
material basis per the hourly rate schedule (Column 4) set forth in
Exhibit "C."
B. Other Expenses. Expenses may only be billed if
advance written approval has been obtained from the City
Administrator.
C. Taxes. Consultant shall be solely responsible for
all applicable income taxes and assessments arising from providing
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services under this Agreement, including but not limited to, corporate
and individual federal and state income taxes, social security taxes
(FICA), Medicare taxes, unemployment taxes and all other taxes and
assessments of every type and description due under this Agreement.
Consultant shall indemnify and hold harmless City from any claims,
demands or litigation (including court costs and reasonable attorney's
fee) for the taxes, interest and any penalties related to the subject
11taxes.
5. METHOD OF PAYMENT.
Consultant shall submit within thirty (30) days after the
last day of any month in which services have been performed on costs
incurred hereunder an invoice to the City for payment. Invoices shall
contain an itemization of services rendered, directly related job
expenses and subcontract charges incurred by Consultant for which
compensation is due, and an estimate of the percentage completed for
each milestone or task. Consultant shall be responsible for paying any
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.
6. CHANGES AND EXTRA SERVICES.
The City reserves the right to request changes in the
services to be performed by Consultant. All such changes shall be
incorporated in written change orders executed by the City and
Consultant that shall specify the changes ordered and the parties shall
mutually negotiate an adjustment of compensation and completion time if
required thereof.
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Any services added to the scope of this Agreement by a change
order shall be executed under all applicable conditions of this
Agreement. Consultant should be paid according to the fee schedule in
Exhibit "C." No claim for additional compensation for services or
extension of time shall be recognized unless contained in a duly
Ilexecuted change order.
7. PRODUCTS OF CONSULTING.
All products of consulting services, with the exception of
computer software developed by the Consultant, shall become the
property of the City and shall be delivered to the City by Consultant
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 reports, field memoranda, field and laboratory test
results, and final reports shall be made available to the City.
8. TERMINATION. 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 the 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.
9. NOTICES. Notices to the parties, unless otherwise
Irequested in writing, shall be sent to:
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• 1 City: THE CITY OF VERNON
2 ATTN: BRUCE V. MALKENHORST
CITY ADMINISTRATOR
3 4305 SANTA FE AVENUE
VERNON, CA 90058-0805
4
5 Consultant: EPIC LAND SOLUTIONS, INC.
A CALIFORNIA CORPORATION
6 ATTN: HOLLY OVERCAMP, PRESIDENT
7 24050 MADISON STREET, SUITE 205
TORRANCE, CA 90505
8
9 10. CONFIDENTIAL INFORMATION.
10 A. Access to Confidential Information. The City may
11 provide Consultant with, or allow Consultant access to, certain
12 information not available to the public concerning the City, or
13 businesses located in the City. The information may include company
14 information, taxes, sales, value of assets, or other such information.
15 All such information shall be known as "Confidential Information" and
16 may not be used to circumvent the responsibility of either party to
17 this Agreement.
18 B. No Disclosure. Except as expressly permitted,
19 Consultant shall not disclose, permit the disclosure of, release,
20 disseminate, or transfer, whether orally or by any other means, any
21 part of such Confidential Information to any other person or entity,
22 whether corporate, governmental, or individual, without the express
23 prior written consent of an authorized representative of the City.
24 Consultant shall return any written Confidential Information and all
25 copies made of such items to the City upon the City's written request,
26 but in any event not later than the date that Consultant has performed
27 all services to be performed pursuant to this Agreement. Consultant
28 hereby agrees that such Confidential Information and any documents
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provided may be used by Consultant only as authorized by the City.
Consultant shall take reasonable measures to avoid any disclosure of
any such Confidential Information to any unauthorized person.
C. Court Ordered Disclosure. 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.
D. Remedies. In addition to any other remedies that
it may have at law or in equity, the City shall be entitled to a
temporary and permanent injunction by a court of competent
jurisdiction against any breach or threatened breach of the
Confidential Information provisions of this Agreement. Consultant
acknowledges that in case of such breach or threatened breach of said
provisions, the City would have no adequate remedy at law.
11. GENERAL PROVISIONS.
A. Independent Contractor. At all times during the
term of this Agreement, Consultant shall be an independent contractor
and shall not be an employee of the City. The City shall have the
right to control Consultant only insofar as the results of Consultant's
services rendered pursuant to this Agreement; however, the City shall
not have the right to control the means by which Consultant
accomplishes services rendered pursuant to the Agreement except to the
extent that such services involve the use of City property or
lConfidential Information.
B. Consultant Not Accent. Except as the City may
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1 specify in writing, Consultant shall have no authority, express or
2 implied, to act on behalf of the City in any capacity whatsoever as an
3 agent. Consultant shall have no authority, express or implied,
4 pursuant to this Agreement to bind the City to any obligation
5 whatsoever.
6 C. Indemnification. Consultant shall indemnify,
7 defend, protect and hold the City and its officers, agents and
8 employees, free and harmless from and against any and all claims,
9 demands, losses, damages, liabilities, fines, charges, penalties,
10 orders, judgments and all costs and expenses incurred in connection
11 therewith, including reasonable attorney's fees and costs of defense
12 arising out of or attributable to the negligent or wrongful acts of
13 Consultant or its subcontractors, employees or agents in the
14 performance of services under this Agreement, except to the extent
15 arising from or caused by the sole active negligence or willful
16 misconduct of the City, its officers, agents or employees.
17 D. Insurance. Prior to commencing work hereunder,
18 the Consultant shall provide the City with proof of insurance
19 providing and maintaining the coverages and endorsements set forth in
20 the Insurance Schedule attached hereto as Exhibit "D" and made a part
21 hereof by reference. Said proof of insurance shall also provide that
22 said policy or policies shall not be canceled or materially reduced in
23 coverage without giving at least thirty (30) days prior written notice
24 to the City. If Consultant fails to provide proof of insurance
25 coverage as specified above, the City may, at its sole discretion,
26 terminate this Agreement immediately.
27 Consultant shall not permit a subcontractor or vendor
28 to perform work on City premises unless and until a certificate of
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insurance is obtained showing that such subcontractor or vendor has
worker's compensation coverage. If Consultant employs subcontractors
as part of the services rendered, Consultant's protective coverage is
required. Consultant may include all subcontractors as insureds under
its own policy or shall furnish separate insurance for each
subcontractor, meeting the requirements set forth herein.
E. Governing Law. The validity, interpretation and
performance of this Agreement shall be controlled and construed under
the laws of the State of California as enacted and in force at the
time this Agreement is fully executed.
F. Assignment and Subcontracting Prohibited.
Consultant may not assign or subcontract any right or obligation
pursuant to 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.
G. Amendments. Except as may otherwise be
specifically provided herein, this Agreement may be modified or
amended only by a written document executed by both Consultant and the
City and approved as to form by the City Attorney.
H. Entire Agreement. This Agreement is the entire
agreement of the parties. Consultant represents that in entering into
this Agreement, it has not relied on any previous representations or
understandings of any kind or nature.
I. Benefit of Agreement. This Agreement shall bind
and benefit the parties hereto and their heirs, successors, and
permitted assigns.
J. Forum Selection. Any action brought relating to
this Agreement shall be brought and held exclusively in a State Court
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1 in the County of Los Angeles, California.
2 K. Recitals. All recitals are incorporated by
3 reference.
4 L. Waiver. Any waiver at any time by either party of
5 its rights with respect to a default under this Agreement, or with
6 respect to any other matters arising in connection with this
7 Agreement, shall not be deemed a waiver with respect to subsequent
8 default or other matter.
9 M. Attorney's Fees. In the event that it becomes
10 necessary for either party to this Agreement to enforce any of the
11 provisions of this Agreement, the parties agree that a court of
12 competent jurisdiction may determine and fix reasonable attorney's
13 fees to be paid to the successful litigant.
14 N. Force Majeure. Neither Party shall be considered
15 in to be in default in any of its obligations under this Contract when
16 a failure of performance shall be due to an uncontrollable force. The
17 term "uncontrollable force" shall mean any cause beyond the control of
18 the party affected, including, but not restricted to, flood,
19 earthquake, storm, fire, lightening, epidemic, war, riot, civil
20 disturbance or disobedience, labor dispute, labor material shortage,
21 sabotage, federal, state, or municipal action, statute, ordinance, or
22 regulation, embargoes of the United States Government or any other
23 government, which by exercise of due diligence such party could not
24 reasonably have been expected to avoid and by exercise of due
25 diligence has been unable to overcome. Either party rendered unable
26 to fulfill any of its obligations under this Agreement by reason of an
27 uncontrollable force, shall give written notice within five (5)
28 Business Days of such fact to the other party and shall exercise due
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diligence to remove such inability with all reasonable dispatch.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed by and through their authorized officers on the date, month
and year first written above.
ATTES /
L!
BRUCE V. MALKENHORST, City Clerk
APP D AS TO FORM:
EDUARDO OLIVO, City Attorney
CITY OF VERNON
B y : G`
LF,,ONI S C . MALAtTRG, dayor
EPIC LAND SOLUTIONS, INC.,
A California Corporation
By: An
Holly Overcamp
Title: President
By: Q am -a"
James L. Overcamp, .
Title: Secretary
R
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
F
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1.0 Introduction
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 held on
April 2, 2001 at 9:00 am at the Vernon City Hall, 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 aIsmall 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 advdnce 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 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 Tstate Brokers license as •issued by the Department of
Real Estate.
• Minimum two (2) years experience at the working level in the
:c'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
f
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 (USPS). 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.
-5-
• 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
-6-
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
-7-
dti
S.
r.XriltSl:L' "L"
SELECTION CRITERIA
(A)
(B)
(A)X(B)
' CRITERIA
WEIGHT
SCORE
WEIGHTED
(0-10)
SCORE
1. PROJECT MANAGER
i ♦ 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
f TOTAL
10.0
Page 1 of 2
r-kUlDiLl 4 kC0LLL1 UeQ)
SCORING- SYSTEM
POINTS
DEFINITION
0
FAIL - Category Evaluated Non -
Responsive
1-4
BELOW AVERAGE - Responses Minimally
Acceptable
S
AVERAGE - Qualifications Fully
Satisfy Requirements
6-9
ABOVE AVERAGE - QualificatIons More
Than Satisfy Requirements
10
•EXCELLENT - Qualifications Fat
Exceed Requirements
Page 2 of 2
PROPOSED SCHEDULE EXHIBIT 3
RFP For Project Report -and Environmental Document for Atlantic
Boulevard Bandi.ni.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
I
WORK PERFORMANCE EXHIBIT 4
RFP For Project Report and Environmental Document for Atlantic
Boulevard Bandini Boulevard : 710 Improvements and Annexation
. Name =W Address (Prime) DBE Ap� Portion of work to be Petfianted
l
EXHIBIT "5"
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 THE CITY OF VERNON,
(hereinafter referred to as
acit ")
4505 Santa Fe Avenue
Vernon, California 90058
AND (hereinafter
referred to as "Consultant")
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
f
Consulting Services (hereinafter "Agreement")_
NOW, THEREFORE, -THE PARTIES HERETO DO MUTUALLY AGREE AS
SET FORTH HEREIN:
I . SCOPE OF S M j)UC L
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 - TiMF, OFF ,RFO MAtT[`F
Consultant's services herewith shall commence upon
signing -of the Agreement -and shall be completed according to the
Proposal, unless terminated or extended.
III_ COMPENSATIM .
]. Servlcea. 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_ Bvenses. •Directly related travel expenses and
Other costs may be billed if approved in advance by the City
Administrator.
IV. METiiOD OF PAYM�?�
Within thirty (30) days after the last day of any month
in which services have been performed or costs incurred hereunder,
r
the Consultant shall submit an inSoice 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
-2-
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_
�!.: ► : ► �►.9 Y:: C
The City reserves the right to request changes in the
services to be perforcmed 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*applicableconditions of
this Agreement_ No claim for additional compensation or extension
of time shall be recognized unless contained in a duly executed
change order.
. 1. Acc=o nnfide „�;l Tn ormation. 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 11iselgalire.. EXcept as expressly permitted,
-3-
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. CoLrt Ordr.=d nicrl„suro 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.
I 4. Re_-m_ edie:. In addition to any other remedies
that it may have at law or inequity, the City shall be entitled
to a temporary and permanent injunction by a court of competent
jurisdiction against any breach or threatened breach of the
Confidential Information provisions of this Agreement. 'Consultant
-4-
acknowledges that in case of such breach or threatened breach of
said provisions, the City would have no adequate remedy at law.
VII. INNEMt42TY ND TffMMA=.
I. Indemni Qatifln of city. The Consultant shall
i
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 ofdefense arising out of or attributable to the negligent
or wrongful acts of Consultant or its subcontractors, employees or
agents iart the performance of services under this Agreeldent, -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• Insurance_ 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 pblicy or policies shall not be canceled or materially
reduced in coverage without giving at least thirty (30) days prior
written notice to the City_
1. TndrFendgnt Contra . At -'all times during the
-5-
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 rencered 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. Q13snitart No ant_ 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 capacity
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.yali_ _it^ The validity, interpretation and
Performance of this Agreement shall be controlled and construed
under the laws of the State of California.
4. Products o Con, ing. All products of
consulting services with the exception of computer software
developed by the 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 ofithe 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.
5 . Afis iantnPn�and S T an ra M-i t�el prr�h i 1,; 4-ssrl
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. i
6. Termination. 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 Consultants 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 Fogs_ 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 attorneys
fees to be paid'to the successful- litigant.
8. HQ±jMPa. Notices to the parties unless
otherwise requested in writing shall be sent to:
City: .THE CITY OF VERNON
ATTN: BRUCE.V. MA A ENHORST
CITY ADMINISTRATOR
4305 SANTA FE AVENUE
V91MN, CA 90058-0805
Consultant:
-7 -
IX.
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
i
Of any kind or nature.
X• BENF,FTT OF A(;RFFMFnrr
This Agreement shall bind and benefit the parties hereto
and their heirs, successors, and permitted assigns.
XI _ !GQUENTNg .A W .
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.
THE CITY OF VERNON
BY:
LEONIS C. MALBIIRG, Mayor
ATTEST:
BRIICE V. Mh iogsr, city Clerk
APPROVED AS TO FORM:
DA'VID U. BREARLEY, City Attorney
(Consultant)
By:
Title:
By:
Title:
-8
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
Hired Automobiles
$ 500,000 $1,000,000 $ 500,000
$ 500,000 $1,000,000 $ 500,000
_Workers' Compensation S Statutory
Employers' Liability 11 000 000 per employer
II. General and
Professional Liability
Premises Operations
$1,000,00o
$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
-$1,000,000
$2,000,000
$1,000,000
Contract Liability
S1 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:
I. 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.
{\ • v
h +
V '
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 Number (s )
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT "B"
SCOPE OF SERVICES
The project is a portion of the future interchange improvements at the
I-710 freeway and Bandini/Atlantic Blvd.- At this time, the City is
planning to acquire one full and one part take of vacant land from the
U.S. Postal Service. Consultant shall provide turnkey services which
includes title, right of way engineering, appraisal, appraisal review,
acquisition, escrow and project management services.
The Tasks/Services To Be Provided/Accomplished Are:
a. Obtain preliminary title reports for APN's 6332-002-908 and
6332-002-932
b. Prepare legal descriptions and plats for both parcels to be
acquired
C. Prepare and mail "intent to appraise" letter to the property
owner
d. Obtain appraisal reports from two different appraisers
e. Have both appraisal reports reviewed by a Caltrans approved
review appraiser
f. Forward four copies of each appraisal report to the City for
review and approval of just compensation
g. Upon the City's approval of just compensation, prepare and
deliver to the property owner a written offer including an
appraisal summary statement
h. Negotiate in good faith with the property owner
i. Upon settlement of the negotiations, prepare a purchase and
sale agreement. Have agreement executed by buyer and seller
and open escrow
j. Coordinate escrow and title services to assure transfer of
title, free and clear to he City of Vernon
k. Assist the City in the preparation of the Caltrans right of
way certification for the project. We will provide the City
all the right of way information necessary to complete the
certification
R:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1. Attend meetings with the City, Caltrans, and consulting
engineer -Holmes and Narver
M. Submit written progress reports semi-monthly and ongoing
. verbal reports when requested by the City
JPermits, License And Applicable Law:
Consultant agrees to obtain all necessary business permits and licenses
and to be in compliance at all times with any and all laws and
regulations applicable to the work to be performed under this
Agreement. Any business permits and licenses required as a result of a
City assignment or project, i.e., those other than Consultant's usual
and ordinary business permits and licenses, will be at City expense.
JProject Plan:
Consultant and the City shall comply, to the best of their ability and
in all good faith, with the attached Project Plan that indicates the
schedule of tasks and their start/complete dates. February 11, 2002 is
the start date indicated. If the actual start date is different, then
the time for each tasks start/complete will be re -calibrated to provide
the same amount of time per tasks and overall completion of the
project.
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0- 0
EXHIBIT "C"
Fee Schedule
The City shall compensate Consultant on a flat fee basis as tasks are
completed. Consultant shall invoice the City listing the task
completed and the amount owing. The City may request additional work
in writing beyond the scope of services described in Exhibits "A" and
"B." Those services shall be billed at the rates shown in Column 4
listed in the table below.
Column 1
Column 2
Column 3
Column 4
Task
Task
Responsibility
Flat Fee
Hourly Rates
For Additional
Work
Preliminary Reports
Title
Company
$
2,200
Legal Descriptions
David
Evans
$
1,375
$ 85.00
Appraisal
Joyce
Riggs, MAI
$
5,500
$175.00
Appraisal
Mark
Linnes, MAI
$
8,800
$175.00
Review Appraisal
Ralph
Brown, SR/WA
$
11100
$ 50.00
Acquisition
Epic
Inc.
Land Solutions,
$
3,000
$ 95.00
Project Management
Epic
Inc.
Land Solutions,
$
1,600
$ 95.00
Meetings (4)
Epic
Inc.
Land Solutions,
$
1,600
$ 95.00
TOTAL
$25,175
Note: Escrow (estimated to be $5,000.00) and Title Insurance
(estimated to be $7,600) fees along with the purchase price and
associated closing costs are to be paid by City directly into escrow
and are not included in the above fees.
C - 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
a . -
INSURANCE SCHEDULE (CONSULTANT)
Consultant 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
BodilyIniury 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 $ Statutory
Employers' Liability $1,000,000 per employer
II. General and Professional Liability
General Liability
$1,000,000
$2,000,000
$1,000,000
Independent Contractors
$1,000,000
$2,000,000
$1,000,000
Products - Completed Operations
$1,000,000
$2,000,000
$1,000,000
Contract Liability
$1,000,000
$2,000,000
$1,000,000
Professional Liability
$1,000,000
$1,000,000
$1,000,000
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 additional 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.
EXHIBIT "
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) 826-1438
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
CITY HALL BRUCE W. OLSON
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief
TELEPHONE (323) 583-8811 FAX: (323) 826-1481
February 21, 2002
EPIC Land Solutions, Inc.
A California Corporation
ATTN: Holly Overcamp, President
24050 Madison Street, Suite 205
Torrance, CA 90505
Re: Agreement for Professional Consulting Services
Dear Mr. Overcamp:
The insurance requirement has been met. Transmitted herewith is a
duplicate original copy of the above referenced agreement approved by
the Vernon City Council on February 6, 2002.
If you have any questions regarding this matter, please call Mr. Kevin
Wilson at (323) 583-8811 ext. 245.
Very truly yours,
Nel -Giron
Assistant Chief Deputy City Clerk
NG:gm
CC: Kevin Wilson
Dolores Fonseca
Resolution No.7906
Agreement No. 02-004
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALMORNIA 90058
TELEPHONE (323) 583--8811
February 19, 2002
EPIC LAND SOLUTIONS, INC.,
California Corporation
Attn: Holly Overcamp, President
24050 Madison Street, Ste. 205
Torrance, CA 90505
Re: Professional Consulting Services
Dear Holly Overcamp, President:
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
In accordance with Section 11.D of said agreement, you are to furnish
the City with proof of Insurance as set forth in the Insurance
Schedule, Exhibit "D" of the agreement.
Please submit your proof of insurance to Joan Francone, Risk
Management, for review and approval. Upon receipt of said
documentation this office will forward to you a fully executed
duplicate original agreement.
If you should have any questions, please contact Joan Francone at ext.
322.
V ry truly yours.
N. ly &ro
Assistant Chief Deputy City Clerk
NG:gm.
cc: Joan Francone
Kevin Wilson
ution no. 7:906
Agreement File No. 02-004
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
City Council
City of Vernon
Honorable Members:
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
January 31, 2002
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
The Community Services and Water Department is requesting approval to
enter into a Professional Consulting Services Agreement with Epic Land
Solutions, Inc., to perform the appraisal and acquisition of the real
property owned by the United States Postal Service (USPS). Such
property will be utilized on the I-710 Atlantic/Bandini Interchange
Improvement Project.
This has been reviewed by the City Attorney and it is hereby
recommended that a Professional Consulting Services Agreement be
entered with Epic Land Solution, Inc., at a cost not to exceed
$25,175.00 not including Escrow costs of approximately $5,000.00 and
Title Insurance costs of approximately $7,600.00.
Very truly yours,
Bruce V. Malkenhorst
City Administrator/City Clerk
BVM/ng
Memo
of rER
e`
tG•�I'E[Y INOJSS
comrrnln4SuvIco&W*
TO: Bruce V. Malkenhorst, City Administrator
A
FROM: Samuel Kevin Wilson, Director of Community Services & Water
DATE: January 30, 2002
RE: AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
WITH EPIC LAND SOLUTIONS, INC. — U.S. POSTAL SERVICE
ACQUISITION
The Community Services and Water Department recommends that the City enter into
an agreement with Epic Land Solutions, Inc. to perform appraisal and acquisition services for
the City in connection with the turn key acquisition of real property currently owned by the
United States Postal Service ("USPS").
The acquisition of this real property is part of the City's efforts on a project known as
the 1-710 Atlantic/Bandini Interchange Improvement Project. The obligation of funds for this
portion of the project has been secured and the City has received an "Authorization to
Proceed" notice from Caltrans to enter into an agreement with a right of way acquisition
consultant.
The Department entered into negotiations with Epic Land Solutions, Inc. and agreed
to compensate the Firm in accordance with the cost schedule for a not -to -exceed Twenty
Five Thousand, One Hundred Seventy Five dollars and no cents ($25,175.00). This amount
excludes the cost of Escrow (estimated to be $5,000.00) and the Title Insurance (estimated
to be $7,600.00) and associated closing costs to be paid by the City directly into escrow.
It is recommended that the Professional Consulting Services Agreement be approved
by the City Council and the Mayor, and City Clerk be authorized to execute the document
pending the insurance. The City Attorney has reviewed the Agreement and will be preparing
the resolution.
SKMARN/ca
Endosures
c: City Attomey
JAN 10 2002
Community ServicCOMMUNITY SERVICES &
YNTI
WATER DEPA
OFFICE MEMORANDUM
TO: Bruce V. Malkenhorst, City Administrator
FROM: Samuel Kevin Wilson, of Community Services & Water
DATE: January 7, 2002
SUBJECT: U.S. POSTAL SERVICES ACQUISITION
The Community Services Department advises that Overland Resources has
declined our request to negotiate an agreement with the City to take on the lead
role in the U.S. Postal Services acquisition project. The Overland Resources were
the Department's first choice on the list of consultants qualified to perform the
task. The second choice in the list of approved consultants is Epic Land Solutions.
This firm is also well qualified to perform the turnkey acquisition.
We respectfully request your authorization to proceed with forwarding the Epic
Land Solutions proposal documents to. City Attorney's Office for review and ask
them to prepare an agreement tailored specifically to this project's requirements.
SKW/ARN
C: City Attorney (with enclosures)
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
.
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
January 23, 2002
Ms. Holly Overcamp
President
Epic Land Solutions, Inc.
24050 Madison Street, Suite 205
Torrance, CA 90505
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
VIA FEDERAL EXPRESS
Re: Agreement For Professional Consulting Services
Dear Ms. Overcamp:
U
Enclosed please find two duplicate originals of the
aforementioned Agreement for signature. Please revise the
Project Plan to reflect the new start date of February 11, 2002,
and insert as last page of Exhibit "B." Please return both
signed originals to the City to the attention of Judy Lehr,
Legal Department, by Wednesday, January 30, 2002. The Agreement
can then be scheduled for consideration of the City Council at
its meeting on February 6, 2002.
Once the originals are executed by the City, one fully
executed original will be returned to you for your files.
Please refer to the enclosed "City of Vernon Signature
Requirements for City Agreements" and comply with the
requirements set forth for your company.
I thank you for your cooperation regarding this matter.
Very truly yours,
Eduardo Olivo
City Attorney
jl
Enclosures
cc: .«Chief Deputy City Clerk (w/o encls.)