Resolution No. 81731
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RESOLUTION NO. 8173
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AUTHORIZING THE ISSUANCE OF REQUEST FOR
PROPOSALS FROM QUALIFIED CONSULTANTS FOR THE
INVESTIGATION AND ASSESSMENT OF THE ATLANTIC BLVD.
BRIDGE OVER THE LOS ANGELES RIVER IMPROVEMENT
PROJECT
WHEREAS, on March 5, 2003, the City Council of the City of
Vernon adopted Resolution No. 8167, approving Program Supplement No.
M002 with Caltrans ("Program Supplement") for additional funding for
future phases of a study concerning improvements to be made to the
Atlantic Boulevard Bridge for the safe and efficient flow of vehicular
traffic over the Los Angeles River (the "Project"); and
WHEREAS, in accordance with the Program Supplement, the City
of Vernon will receive federal funds and pay its proportionate share
of the cost of the Project study ($70,568.00); and
WHEREAS, the City of Vernon would benefit from the retention
of a qualified consultant to provide the City with: (i) a Project
Report describing the improvements needed and the cost of the
improvements; (ii) an Environmental Document, including Historical
Evaluation, so that the Project can proceed; and (iii) a preliminary
design identifying the rehabilitation and/or replacement construction
improvements required for the bridge to satisfy the requirements for
federal funding and ensure that the improvements conform to all State
and Federal guidelines so as to avoid jeopardizing federal
participation in the subsequent project and to ensure reimbursement;
I and
WHEREAS, on March 19, 2003, the Finance Committee considered
28 Ilthe recommendation of Bruce V. Malkenhorst, the Director
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of Finance, dated March 12, 2003, that the City issue Request for
Proposals from Qualified Consultants to Prepare a Project Report,
Environmental Document with Historical Evaluation and Preliminary
Design for the Improvement of the Atlantic Blvd Bridge over the Los
Angeles River ("RFP") pursuant to Section 2.29-2 of the Vernon City
Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
directs the City Administrator/City Clerk, or his designee, to issue
the RFP, a copy of which is attach hereto as Exhibit "A" and made a
part hereof, to one or more qualified consultants and to report to the
City Council on the proposals received with a recommendation for
action.
SECTION 3: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 19th day of March, 2003.
ATTEST:
Z4� �
y
BRUCE V. MALKENHORST, City Clerk
y IEONIS C. MAfBURG, 14ayor
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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.
8173, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, March 19,
2003, and thereafter was duly signed by the Mayor of the City of,
Vernon.
(SEAL)
x5CY
BRUCE V. MALKENHORST, City C erk
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EXHIBIT
o,t
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THE CITY OF VERNON
COMMUNITY SERVICES & WATER DEPARTMENT
SEEKS PROPOSALS FROM QUALIFIED CONSULTANTS TO
PREPARE A PROJECT REPORT, ENVIRONMENTAL DOCUMENT
WITH HISTORICAL EVALUATION, AND PRELIMINARY DESIGN
FOR THE IMPROVEMENT OF THE ATLANTIC BLVD BRIDGE
OVER THE LOS ANGELES RIVER
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
2
1.0 Introduction
The City of Vernon is soliciting proposals from qualified firms for the investigation and
assessment of the Atlantic Blvd Bridge over the Los Angeles River. The Atlantic Blvd Bridge in
the City of Vernon is inadequate for the projected traffic volume of vehicles and trucks. In
addition, the bridge must be brought up to structural standards for the projected traffic loads and
for seismic design requirements. The City of Vernon recently acquired ownership of this major
bridge structure and has received a discretionary bridge grant to determine the necessary
improvements to the bridge to provide safe and efficient vehicular travel over the Los Angeles
River.
A detailed scope of work is included in Section 5.0 of this RFP.
Five copies of the proposal should be submitted by 2:00 P. M. on May 7, 2003 to:
Samuel Kevin Wilson, P. E. Director of Community Services
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
A pre -proposal conference for this project will be held on April 9, 2003 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, Ext. 245. 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 provide the Project Report,
Environmental Document and Preliminary Design Recommendations for the Atlantic Blvd
Bridge Improvement. The reports will investigate the future vehicular needs of this bridge and
provide detailed recommendations for the improvements required for the bridge to satisfy the
traffic requirements, safety requirements, structural requirements and seismic requirements
established by CalTrans, the surrounding agencies and concerned organizations. The reports
shall include detailed analysis, assessment and recommendations for the specific type of
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rehabilitation and/or replacement of the bridge to satisfy all the requirements for Federal Funding
through the Highway Bridge Rehabilitation/Replacement (HBRR) Program and other similar
programs.
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
short-listed 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 local funding sources.
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 sub -consultants 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.
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4.2 Team Organization
Provide an organization chart showing the relationship of all sub -consultants to the prime
consultant and with each other. Specify the names of key staff that will be assigned to perform
the work.
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
subcontractors and suppliers and to select those portions of the work or material needs so as to
ensure meeting the established goals required in the contract. Bidders must indicate in the
bid/cost proposal the percent of participation expected to be attained. In the event of a
prospective bidder's inability to meet the established goals, a Good Faith Effort (GFE) must be
made.
4.5 Project Understanding and Proposed Approach
Describe the basic approach for completing the scope of work for the project. In addition,
briefly discuss issues, specific to this assignment, considered critical to on -time and on -budget
performance of the work and how those issues will be managed.
4.6 Proposal Length
;The proposal, excluding Form 255's and DBE Certifications, should not exceed 20 pages.
5.0 Scope of Work
5.1 Project Background
The project is being funded via Federal 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.
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5.2 Required Tasks
Selected consultant will be required to perform at minimum the following tasks:
• Prepare a Project Report detailing the recommended improvements and their costs.
The report shall consider structural requirements for the future vehicular volumes and
types and the seismic design parameters for this type of bridge.
• Prepare an Environmental Document based on the impacts of the project. The
Environmental Document may be a mitigated negative declaration, environmental
assessment, or EIR/EIS. The Environmental Document required shall be coordinated
with the Project Report and complete enough to qualify the project to secure design
and construction funding. The cost proposal shall include the cost to prepare each
type of document.
• A historical evaluation shall be made to satisfy the State Historical Preservation
Office and included with the Environmental Document.
• Prepare a preliminary design for the bridge. Determine the load capacity of the
proposed bridge and describe in detail the requirements for widening and
strengthening. An analysis and recommendation for rehabilitation or replacement and
detailed recommendations for design and costs of various alternatives.
• The reports, plans and specifications shall be to CalTrans Standards. The cost
proposal shall be separated into a minimum of three categories corresponding to the
three major tasks
5.3 General Requirements
Coordination with Vernon. Due to the expedited schedule, a high degree of
coordination with City of Vernon staff 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.
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. 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.
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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 cost plus fixed 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 l - Location Map
Exhibit 2 - Selection Criteria
Exhibit 3 - Proposed Schedule
Exhibit 4 - Work Performance List
Exhibit 5 — Sample Agreement
LOCATION MAP EXHIBIT 1
RFP for Project Report and Environmental Document for Atlantic Boulevard Bridge Over
the Los Angeles River
(See Attached)
PF
7
SELECTION CRITERIA EXHIBIT 2
RFP for Project Report and Environmental Document for Atlantic Boulevard Bridge Over
the Los Angeles River
Criteria (a) (b) (a) X (b)
Weight Score Weighted
(0-10) Score
1. Project Manager
• Qualifications & Relevant Experience 2.0
• Unique Qualifications for the Project
• Time Commitment for the Project
2. Project Team 2.0
• Qualifications & Relevant Individual
Experience
• Unique Qualifications of Key Members
for the Project
• Time Commitment of Key Members
• Organization Chart
3. Consultant Firm Capabilities 1.0
• Demonstrated Capability on Similar
Recent Project
• Management and Organization Capabilities
4. Project Understanding and Approach 4.0
• Demonstrated Knowledge of the Work
• Knowledge of State and Local Procedures
• Management Plan for Timely Completion
• Ability and Willingness to Respond Timely
To City of Vernon Requirements
• Ability to Interface with Other City of Vernon
Consultants, Public Agencies, Private Owners
5. DBE
• Compliance with DBE Goals 1.0
TOTAL 10.0
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PROPOSED SCHEDULE EXHIBIT 3
RFP For Project Report and Environmental Document for Atlantic Boulevard Bandini
Boulevard - 710 Improvements and Annexation
March 20, 2003 Mail RFP to consultants and advertise availability
April 9, 2003 Pre -proposal Conference
Mav 7, 2003 Due date for proposals
Ma v 8-14, 2003 Interviews of short-listed firms. Interview panel to develop
recommendation to award a consultant contract
June 18, 2003 City Council meeting to award consultant contract
October 31, 2003 Project Completion
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WORK PERFORMANCE EXHIBIT 4
RFP for Project Report and Environmental Document for Atlantic Boulevard Bridge Over
the Los Angeles River
Name and Address DBE Approximate Work Performed
(Type) % of Contract
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2.
3.
4.
5.
6.
7.
8.
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SAMPLE AGREEMENT EXHIBIT 5
RFP for Project Report and Environmental Document for Atlantic Boulevard Bridge Over
the Los Angeles River
(See attached.)
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CONTRAC1wSAWIPLE
AMMMMM 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 ,
200_, in the City of Vernon, California
BY AND BETWEEN THE CITY OF VERNON, (hereinafter
referred to as "the City")
4305 Santa Fe Avenue
Vernon, California 90058
LAND (hereinafter
referred to as "Consultant")
WHEREAS, [description of consulting services required by the
City]; and
WHEREAS, [description of the process the City used to obtain
proposals]; and
WHEREAS, Consultant submitted a proposal to City dated
200_ ("the Proposal") which includes a description of the
proposed services and a costs proposal, a copy of which is attached
hereto as Exhibit "A" and incorporated herein by this reference as
though fully set forth at length; and
WHEREAS, Consultant represents that it is qualified to
perform such services under this Agreement for Professional Consulting
Services (hereinafter "Agreement"); and
WHEREAS., the City desires to retain Consultant to perform the
services described herein.
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NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
FORTH HEREIN:
1. SCOPE OF SERVICES.
Consultant shall perform the services outlined in the
Proposal, including, but not limited to [description of services to be
provided] as identified therein. [Services not included in the
Proposal, but which may be requested are: .] 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.
Consultant agrees that all services provided will be
conducted by the principal and, if staff members or approved
subcontractors are used, their work will be done 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 such a professional in the performance
of such services.
2. PROGRESS REPORTS.
Consultant shall meet with City staff as indicated in the
Proposal, or upon City's request, in order to provide reports or
information concerning the services being performed by Consultant under
this Agreement.
3. TIME OF PERFORMANCE.
Consultant's services herewith shall commence upon signing of
the Agreement by both parties and shall end when Consultant has
completed the work on the Tasks in the Proposal, unless the Agreement
is otherwise terminated or extended.
SAMPLE CONTRACT
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4. COMPENSATION.
A. Consulting Fees & Expenses.
1. The City will pay Consultant on a time -and -
material basis according to the Fee Schedule, a copy of which is
attached hereto as Exhibit "B" and incorporated herein by this
reference as though fully set forth at length. The total amount to be
paid to Consultant for services under this Agreement, regardless of any
changes in the Fee Schedule, shall not exceed
($ }. If changes or extra services are requested by the City
pursuant to Paragraph 6 of the Agreement, then the City shall pay for
those services on a time and material basis according to the hourly
rate identified in Exhibit "B" which is attached hereto and
incorporated herein by this reference as though fully set forth at
length
B. Other Expenses.
Any other expenses not identified in the
Proposal may only be billed if written approval has been obtained from
the City Administrator in advance.
5. METHOD OF PAYMENT.
Consultant shall submit within thirty (30). days after the
last day of any month in which services have been performed or 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. Sub-
contractors shall not bill the City directly.
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Payment of the invoice shall be made upon 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. Consultant shall only perform additional services
during this time period when requested by the City Administrator and/or
the Director of Community Services.
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 "B." No claim for additional compensation for services or
extension of time shall be recognized unless contained in a duly
executed change order.
7. PRODUCTS OF CONSULTING.
1. All products of consulting services, with .the
exception of computer software developed by the Consultant and/or its
subcontractors, shall become the property of the City and the original
copies 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 and/or its subcontractors, 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
SAMPLE: CONTRACT
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the City.
8. CONFIDENTIAL INFORMATION.
1. Access to Confidential Information. The City may
provide Consultant and/or its approved subcontractors with, or allow
Consultant access to, certain information not available to the public
concerning the City, or businesses located in the City. 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 Disclosure. Except as expressly permitted,
Consultant and/or its subcontractors 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. 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 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 and/or its subcontractors only as authorized by the City.
Consultant shall include a contract provision in its contract with each
and everysubcontractorthat binds the subcontractor to this non-
disclosure requirement. Consultant shall take reasonable measures to
avoid any disclosure of any such Confidential Information to any
unauthorized person.
ISAMPLE CONTRACT
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3. Court Ordered Disclosure. Consultant shall
immediately notify the City of any court order or subpoena requiring
disclosure of Confidential Information, and shall cooperate with the
City's legal counsel in responding to any such order or subpoena.
Consultant may only disclose such 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 acknowledges that in case of
such breach or threatened breach, the City would have no adequate
remedy at law.
9. INDEMNITY AND INSURANCE.
1. Indemnification of City. Consultant shall
indemnify, defend, protect and hold the City and its officers, agents
and employees, free and harmless from and against any and all claims,
demands, losses, damages, liabilities, fines, charges, penalties,
orders, judgments and all costs and expenses incurred in connection
therewith, including reasonable attorney's fees and costs of defense
arising, directly or indirectly, in whole and in part, out of the
negligent services or willful misconduct of the 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.
SAMPLE CONTRACT
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2. Insurance. Prior to commencing work hereunder,
Consultant shall provide the City with proof of insurance providing and
maintaining the coverage and endorsements set forth in the Insurance
Schedule attached hereto as Exhibit "C" and made a part hereof by
reference. Said proof of insurance shall also provide that said policy
or policies shall not be canceled or reduced in.liability limits
without giving at least thirty (30) days prior written notice to the
City. If Consultant fails to provide proof of insurance coverage as
specified above, the City may, at its sole discretion, terminate this
Agreement immediately.
Consultant shall not permit a subcontractor or vendor
Ito perform work on City premises unless and until a certificate of
insurance is obtained showing that such subcontractor or vendor has
workers' 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.
10. GENERAL PROVISIONS.
1. 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
28 II Confidential Information.
SAMPLE CONTRACT
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2. Consultant Not Agent. Except as the City may
specify in writing, Consultant shall have no authority, express or
implied, to act on behalf of the City in any capacity whatsoever as an
agent. Consultant.shall have no authority, expressed or implied,
pursuant to this Agreement to bind the City to any obligation
Ilwhatsoever.
3. Assignment and Subcontracting Prohibited.
Consultant may not assign or subcontract any right or obligation
pursuant to this Agreement for the performance of its duties, 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.
4. Termination. This Agreement may be terminated by
the City without cause on fifteen (15) days written notice to
Consultant. 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 fifteen -day notice period and authorized in the termination notice.
5. Notices. Notices to the parties, unless otherwise
requested in writing shall be sent to:
City: THE CITY OF VERNON
ATTN: BRUCE V. MALKENHORST, CITY ADMINISTRATOR
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
(Consultant:
ATTN:
6. 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
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understandings of any kind or nature.
7. 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.
8. 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.
9. Benefit of Agreement. This,Agreement shall bind
and benefit the parties hereto and their heirs, successors, and
permitted assigns.
10. Forum Selection. Any action brought relating to
this Agreement shall be brought and held exclusively in a State Court
in the County of Los Angeles, California.
11. Recitals. All recitals are incorporated by
preference.
12. Waiver. Any waiver at any time by either party of
its rights with respect to.a default under this Agreement, or with
respect to any other matters.arising in connection with this Agreement,
shall not be deemed a waiver with respect to subsequent default or
other matter.
13. Attorne 's 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 attorney's fees
to be paid to the successful litigant.
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14. Force Majeure. Neither Party shall be considered
to be in default in any of its obligations under this Contract when a
failure of performance shall be due to an uncontrollable force. The
term "uncontrollable force" shall mean any cause beyond the control of
the party affected, including, but not restricted to, flood,
earthquake, storm, fire, lightening, epidemic, war, riot, civil
disturbance or disobedience, labor dispute, labor material shortage,
sabotage, federal, state, or municipal action, statute, ordinance, or
regulation, embargoes of the United States Government or any other
government, which by exercise of due diligence such party could not
reasonably have been expected to avoid and by exercise of due diligence
has been unable to overcome. Either party rendered unable to fulfill
any of its obligations under this Agreement by reason of an
uncontrollable force, shall give written notice within five (5).
business days of such fact to the other party and shall exercise due
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.
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]ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
IEDUARDO OLIVO, City Attorney
CITY OF VERNON
LEONIS C. MALBURG, Mayor
By:
Name
Title:
By:
Name
Title:
SAMPLE CONTRACT
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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
Policy Number(s)
Named Insured:
I City Clerk:
(description of permit or contract)
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 insured by (insurance carrier).
The City of Vernon, its officers, and employees are included in said policies as additional insureds
and that 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
Insurance Form Letter
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INSURANCE SCHEDULE (CONSULTANT)
The 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 In 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 er employer
H. General and Professional Liability
General Liability
$1,000,000
.$2,000,000
$1,000,000
Premises Operations
$1,000,000
$2,000,000
$1,000,000
Elevators (if applicable)
$1,000,000
$2,000,000
$1,000,000
Independent Contractors
$1,000,000
$2,000,000
$1,000,000
Products - Completed Operations
$1,000,000
$2,000,000
$1,000,000
Contract Liability
$1,000,000
$2,000,000
$1,000,000
Professional Liability
$2,000,000
$2,000,000
$2,000,000
a. The general liability policy shall contain the following special endorsements which shall be noted on or
attached to the standard certificate of insurance:
1. An endorsement naming the City of Vernon, its officers, and employees as 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. Only certification of the following proofs will 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 "C"
SAMPLE CONTRACT
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x 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
Finance Committee
City of Vernon
Honorable Members:
AARDOOLIVO
City Attorney
AX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of 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
March 12, 2003 \ �A9
CG-
The House of Representatives has allocated $282,270.00 of Federal
Funds for the investigation of the Atlantic Boulevard Bridge over the
Los Angeles River of which the City of Vernon will contribute 20%
($70,568.00). The Atlantic Bridge needs to be widened and
strengthened and the investigation will outline the necessary
construction, environmental documents, and costs. This has been
reviewed by the Director of Community Services and Water and it is
hereby recommended that issuance of Request for Proposal to qualified
firms be approved to prepare a Project Report, an Environmental
Document with Historical Evaluation, and a Preliminary Design for the
improvement of the Atlantic Boulevard Bridge over the Los Angeles
River.
Very truly yours,
Bruce V. Malkenhorst
Director of Finance
BVM/gm
Of VER
G �' eo11N
GQ��'E[T iNO�g
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Bruce Malkenhorst, City Administrator
FROM: Samuel Kevin Wilson, of Community Services & Water
DATE: March 12, 2003
SUBJECT: Atlantic Blvd. Bridge Over the Los Angeles River — Request for Proposals
The U. S. House of Representatives at the request of Congresswoman Lucille Roybal-Allard
allocated $282,270.00 of Federal Funds for the investigation of the Atlantic Bridge over the Los
Angeles River. The City of Vernon will contribute $70,568.00 to the costs of the study, which is a
20% match of funds. The bridge is to be widened and strengthened and the investigation will outline
the necessary construction, environmental documents and costs. My staff met with Caltrans to
determine the appropriate documents to be secured in order for the City of Vernon to seek funding for
the construction and the request for proposal incorporating their requirements and direction was
derived.(The request for proposal will require the consultant secured to provide the City of Vernon
with a Project Report describing the improvement and costs needed, an Environmental Document
including a Historical Evaluation to clear the project for construction and a preliminary design
identifying the rehabilitation or replacement construction and the costs of this work> If you concur,
please request the City Council to approve the request for proposal.
SKW/sn
Enclosure
c: City Attorney