Resolution No. 2012-011RESOLUTION NO. 2012-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AUTHORIZING THE ISSUANCE OF A REQUEST FOR
PROPOSALS FOR THE ENGINEERED DESIGN OF A TEMPORARY
CLOSED WATER SYSTEM, ELEVATED TANK STANDPIPE REPAIR
AND TECHNICAL SUPPORT SERVICES
WHEREAS, the City of Vernon is interested in obtaining
proposals from qualified engineering consulting firms for the
engineered design of a temporary closed water system, elevated tank
standpipe repair and technical support services; and
WHEREAS, the Director of Community Services & Water is
seeking permission for the issuance of Request for Proposal(s) for the
engineered design of a temporary closed water system, elevated tank
standpipe repair and technical support services (the "RFP").
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
instructs the City Administrator, or his designee, to issue in
accordance with Vernon City Code Section 2.29-2 the RFP, a copy of
which is attached hereto as Exhibit A, to one or more qualified
contractors, 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, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 3'a day of January, 2012.
Name: William J. Davis
Titlez—MMa-y4jje�.' Mayor Pro-Tem
- 2 -
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2012-11, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Tuesday, January 3, 2012, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of January, 2012, at Vernon, California.
(SEAL)
- 3 -
and G.' Yamaguchi/,City Clerk
EXHIBIT A
City of Vernon
Request for Proposals (RFP)
For Engineered Design of A Temporary
Closed Water System, Elevated Tank
Standpipe Repair & Technical Support
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Services
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City of Vernon
Community Services Department
4305 Santa Fe Avenue, Vernon Ca 90058
Phone: (323) 583-8811
December 2011
I. INTRODUCTION AND PROJECT
The City of Vernon ("City") invites Request for Proposal (RFP) from qualified firms to
provide consulting services for the preparation of design specifications and technical
support services for the repair of the Elevated Tank (Tank) standpipe. The Tank was
erected in 1961 by Pittsburg -Des Moines Steel Company and is a toro-spherical design
with an inside diameter of approximately 75 feet and a maximum water level of
approximately 160 feet. The Tank floats on the distribution system operating on an open to
atmosphere design.
The subject Tank was inspected by Harper & Associates Engineering, Inc. (Harper) in
April of 2010. Harper's structural report noted that there was severe corrosion present on
the lower portion of the standpipe. The City has since detected a small leak originating
from the corroded section of standpipe. The selected consultant will be tasked with
developing specifications, bid documents, technical support services, and a detailed cost
estimate for the repair of the Tank's standpipe. The consultant shall also evaluate methods
to convert the existing open to atmosphere distribution system to a temporary closed water
distribution system in order for the distribution system to remain hydraulically sound
during the construction phase of the project. The City will evaluate design options
provided by the consultant and select an option based on sound engineering principles.
II. BACKGROUND
The City of Vernon was founded in 1905, is approximately 5.1 square miles in size and is
located approximately 5 miles southeast of downtown Los Angeles California. Over its
long history Vernon has been developed as an industrial community. At the turn of the
century the lands that make up Vernon were comprised largely of farmlands. The presence
of three major rail lines in the area led influential business men and property owners to
encourage the railroad companies to runs spur lines onto the farmlands. These rail
extensions enabled the creation of an "exclusively industrial" city. By the 1920's Vernon
was attracting large stockyards and meatpacking facilities. In the 1930's Vernon became
the location of choice for many heavy industrial plants. As economic conditions changed
over the decades, these large scale industrial operations have relocated out of Southern
California and Vernon attracted smaller lighter industrial facilities. The City's business
friendly environment, low cost utilities and key location for trucking and rail transport
continue to position Vernon as an ideal location for industrial uses.
III. SCOPE OF SERVICES
The City is seeking a Consultant Team that has extensive experience in preparing elevated
reservoir design, repair, and specifications. The consultant or sub -consultant shall also
provide a firm recommendation for testing the temporary closed system to ensure the
distribution system provides uniform water pressures.
A. Records Review: The consultant shall review all existing information and
records pertaining to the Elevated Tank; and the distribution system at large
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in order to ascertain the hydraulic challenges associated with the proposed
project.
B. Site Investigation: The consultant shall conduct a site investigation of the
Elevated Tank to gather needed data and confirm information in existing
records.
C. Technical Report: The consultant shall prepare a technical report
addressing the findings with recommended solutions and cost estimates to
convert to a temporary closed distribution system. The technical report shall
also include options for the repair of the standpipe. A minimum of two
solutions shall be presented. The consultant shall provide a firm
recommendation for testing the temporary closed distribution system to
ensure uniform water pressure during normal, peak, and fire flow
conditions.
D. Review Meeting: The consultant shall meet with City representatives to
review solutions and cost estimates in order to determine the acceptable
method of repair.
E. Technical Specifications & Competitive Bidding: Upon determination of
an agreed to solution, the consultant shall prepare technical specifications
and a plan for a competitive bidding process.
F.
G.
H.
Specification Submittal: The consultant shall provide specifications and
plans to be submitted for review at the 60, 90 and 100 percent design stages.
Specification Review by City Staff. The consultant shall respond to City
review comments and edit specifications and plans as needed.
Final Construction Estimate: The consultant shall prepare a construction
estimate for the proposed work based on the final specifications and plans.
Preparation of National Pollutant Discharge Elimination System
discharge plan and Best Management Practices for the subject project:
The consultant shall prepare National Pollutant Discharge Elimination
System discharge plan and Best Management Practices for the project to
ensure any discharge water is disposed of in accordance with the California
Regional Water Quality Control Board.
Coordinate with Agencies Owning Underground and Overhead
Structures: The consultant shall ensure all underground and overhead
structures are located and are not in conflict with any components of the
project.
K. Secure Necessary Regulatory Documentation: Assist with securing
necessary approval and plan checks from regulatory agencies prior to bids,
revision of project documents as indicated by such agencies for the repair of
the Elevated Tank.
L. Description of Work, and Optional Work: Provide a description of any
potential work, or optional items, not included in the consultant's scope of
services or which has not been identified in this RFP, which the consultant
feels is essential to the successful completion of the project. This would
include additional services by the consultant or any other necessary tasks to
be provided by the City. This potential work must be clearly identified,
along with a suggested basis for payment, should those services be
necessary or elected by the City.
M. Presentations to Vernon City Council: Make presentations to the Vernon
City Council members and/or the public as required.
N. Response to Bidder Questions: Provide a written response to bidders'
questions during the bid period and prepare modifications to the project
documents and addenda, as necessary.
O. Mandatory Pre -Bid Conference: Conduct a mandatory pre -bid
conference.
P. Evaluation of Bids: Assist with review and evaluation of bids; provide
recommendations in regard to construction contract award, and assistance
with contract negotiations, as necessary.
Q. Contract Management: The consultant shall perform the following
support service functions:
The consultant shall coordinate all construction activities with the
selected contractor; including responding to request for
clarifications, information requests, reviewing and providing
recommendations on proposed change orders.
2. The consultant shall oversee, start up and tests, routine inspection as
necessary, reports on construction process and quality, and
recommendations for correcting deficiencies and clarification of
drawings as required.
3. The consultant shall assist with the review and recommendations for
all progress payment requests, including requests for extra work
and/or change orders.
4. The consultant shall review and approve all shop drawings and
material submittals.
The consultant shall oversee operational tests to ensure for
completeness.
The consultant shall provide a final report which documents the
completion of all work in accordance with plans and specifications,
including as -built drawings and specifications with annotations
indicating any changes made to plans and specifications during
construction.
IV. WORK PRODUCTS
The format for all textual materials and products will be 8-1/2" x 11" in word format, with
black ink on white paper. The format for construction plans shall be in AutoCAD and shall
be on 24" x 40" plan sheets using the City's title blocks. The format of graphic elements
may vary from said standard but shall be approved by staff prior to inclusion in any
document. Final products shall be in a form that is workable, amendable, and easily
reproducible.
V. MINIMUM CONTENT OF PROPOSAL
The selected Consultant Team shall work with the City's personnel to ensure the highest
level of accuracy.
A. Assumptions: Proposals should include a list of the Consultant Teams
assumptions made in preparation of the proposal on a separate page entitled,
"Assumptions Upon Which This Proposal is Based." This section should
also specifically set forth those documents, maps, and studies which the
Consultant Team expects to be provided by the City.
B. Schedule: Proposals should provide a detailed schedule for the completion
of services. Time frames should be stated in terms of the number of
calendar days or weeks required to complete the specified tasks using the
City's notice to proceed as the start date. The schedule should identify the
periods as the total elapsed time from the start date.
C. Costs: Proposals should include costs for the completion of each major task
in the work program. Each task should clearly identify the Consultant Team
member who will be primarily responsible for completing the task. This
section should include billing and expense reimbursement rates. Costs
should be segregated into a time and materials rate schedule and a not -to -
exceed maximum amount for all work. Indicate hourly rates of individuals
involved, number of hours for each component, task or product, and the fee
structure for additional work outside of the contract and optional items. A
time and materials rate schedule should also be provided for use in
negotiating any Changes in Work required during the course of the contract.
Cost information shall be submitted in a separate sealed envelope.
D. Staffing: The project manager and key personnel, including those of any
subcontractor, shall be designated. The person (s) who will attend and
facilitate public meetings and presentations should be identified and should
be the same persons making any presentations to City Staff during the
selection process. The geographic location of the firm and key personnel
shall also be identified. Any proposed sub -consultants shall be listed. Their
responsibilities should be included in the proposal, if necessary. There shall
be no Changes in the project manager, sub -consultants, or key staff without
approval of the City.
VI. QUALIFICATIONS & CRITERIA
A. Qualifications: The City of Vernon will select a principal consultant or
team for this work on the basis of qualifications and experience. The
following are the minimum qualifications to be used to evaluate responses
to this Request for Proposal:
1. Firm has five or more years of relevant experience performing
services on similar public projects.
2. Firm is to provide, with proposal, three or more satisfactory
municinal references for work performed in the past five years.
Where possible include references from cities of a similar size and
character to Vernon.
3. Firm can demonstrate understanding of the project, and knowledge
of the disciplines necessary to complete the project.
B. Selection Criteria: The following items will be used to evaluate each
Consultant Team:
1. Resumes of supervisory staff that will have administrative oversight
of the project. The resume shall include educational background and
qualifications.
2. Water reservoir rehabilitation, and repair experience; and
demonstrated record of success on work previously performed for
other government agencies. Knowledge of temporary water systems
installations is highly desirable.
3. Substantiating adequate staff to complete the development within
the time specified in the proposal.
4. The ability to make effective public presentations of the report
and/or design as may be required.
5. The ability to work effectively with City staff, other public agencies,
and related parties as may be required during the course of the
design, study or other services.
6. Pertinent new ideas or approaches which may be presented during
the course of the selection process.
7. The record of keeping costs within project budgets and design
estimates.
8. Contract fee as negotiated and ultimately agreed upon. Price is not
the sole basis for selection, but may be considered in the criteria for
evaluating proposals.
VII. FORMAT AND DELIVERY RESPONSE
Respondents are asked to submit four (4) copies of their proposals in sufficient detail to
allow for a thorough evaluation and comparative analysis. The proposal should include, at
a minimum, the following information in sectionalized format addressing all phases of the
work in the RFP.
A. Format: Limit your proposal to 30 typed 8.5" x 11" pages or less on white
bond paper of at least 20-pound weight single sided (excluding cover letter
and attachments). You may attach company brochure materials if you wish,
but these must be as separate attachments and independent from the
required elements noted above.
1. Use a conventional typeface with a minimum font size of 12 points.
Use a 1" margin on all boarders.
2. Organize your submittal in the order described above.
3. Provide one (1) unbound original of your firm's response and one
electronic version
4. Prominently label the package: "Engineered Design of Temporary
Closed Water System & Elevated Tank Repair" and include the
name of the prime respondent.
Deliver the response to:
City of Vernon
Community Services Department
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Samuel Kevin Wilson, P.E
5. A job walk will be held at 10:00 a.m. on Tuesday, January 24, 2012,
at 2800 Soto Street, in Vernon, CA.
6. The response is due on or before 2:00 p.m., on Tuesday, February 7,
2012. Late responses will not be accepted.
7. If you have any questions please contact Scott B. Rigg at (323)
583-8811 ext. 279.
B. Cover Letter: An original cover letter signed by an officer authorized to
contractually bind your firm. The cover letter should also include: the
identification of the firm, including the name, address and telephone
number of the firm; proposed working relationship among the firm and any
subcontractor(s), if applicable; name, title, address and telephone number of
a contact person during the proposal evaluation period; and a statement to
the effect that the proposal shall remain valid for a period of not less than
ninety (90) days from the date of submittal.
C. Introduction: Present an introduction of the proposal and your
understanding of the project and significant steps, methods and procedures
to be employed by your firm to ensure quality end products that can be
delivered within the required time frames and your identified budget.
D. General Scope of Work: Briefly summarize the scope of work as your
firm perceives or envisions it.
E. Work Plan: Present concepts for conducting the work plan and
interrelationship of all products. Define the scope of each task including the
depth and scope of analysis or research proposed.
F. Specific Work Products: Identify the specific end products which will be
submitted. Include concepts as to the form and content of each work
product.
G. Proposed Schedule: Present a comprehensive schedule reflecting time
frames and milestones for completing each phase and task. Include key
decision points, interviews, workshops and Public Hearings. It is expected
the General Plan, and environmental review process will be completed
within the time frame of a year. The Consultant Team shall agree to provide
a biweekly status report to the City reflecting the project's progress.
H. Estimated Cost and Hourly Rate Schedule: Although an important
aspect of consideration, the financial cost estimate will not be the sole
justification for consideration. The City does expect a fair and reasonable
project cost, backed by itemization of how the costs per phase and task were
developed.
Present the total expected cost and breakdown in estimated hours. Prices
shall represent the cost of finished products and cost estimates shall identify
expenditures for graphics, base maps, public meeting and hearing
participation, printing, legal notices, postage, mailing, advertising and other
incidental and administrative costs. The City shall not, in any event, be
liable for any pre -contractual expenses incurred by any firms.
Negotiations may or may not be conducted with the firm; therefore, the
proposal submitted should contain the finn's most favorable terms and
conditions, since selection and award may be made without discussion with
M
any firm. All prices should reflect "not to exceed" amounts per item.
I. Ability of the Consultant Team to Perform: Provide a detailed
description of your firm and its qualifications including names, titles,
detailed professional resumes and past experience in similar work
efforts/products of key personnel who will be working on the project.
Provide a list of specific related work projects which have been completed
by your fine that are directly related to the project described in this RFP.
Note the specific individuals who completed such project(s). Identify role
and responsibility of each member of the project team. Include the amount
of time key personnel will be involved in the respective portions of the
project. Respondents are encouraged to supply relevant examples of their
professional product. Provide a list of references.
The Consultant shall not subcontract any work under the RFP nor assign
any work without the prior written consent of the Director of Community
Services and Water.
VIII. ADDENDA, CHANGES, AND AMENDMENTS TO THIS SOLICITATION
At any time prior to the due date for responses, the City may make changes, amendments,
and addenda to this solicitation, including changing the date due to allow respondents time
to address such changes. Addenda, changes, and amendments, if made, will be posted on
the City's website (www.cityofvemon.org), which is deemed adequate notice. A proposer
may make a request to the City's project coordinator to be placed on a list of persons to
receive notice of any such addenda, changes, or amendments. The preferred manner of
communications is via e-mail due to its timeliness.
IX FORM OF CONTRACT
The City's standard form of contract shall be used, and includes other provisions not
described here. A standard professional service contract is attached for reference
(Appendix A). Please review this very carefully and note in body of response any
exceptions or alterations to the agreement. Alterations or Changes to the agreement
which were not in the Consultant Team's response will not be made after the selection of
the Consultant Team. This includes alterations, exceptions, or changes to the insurance
and indemnity provisions. By requiring these requests up front, the City can compare all
respondents on an equal footing.
X. LIVING WAGE ORDINANCE
The selected consultant shall pay qualifying employees a wage of no less than $10.30 per
hour with health benefits, or $11.55 per hour without health benefits. The consultant shall
also provide qualifying employees at least twelve compensated days off per year for sick
leave, vacation, or personnel necessity at the employee's request, and an additional ten
days a year of uncompensated time for sick leave. In addition, the consultant shall not
retaliate against employees complaining to the City with regard to consultant's compliance
with the Living Wage Ordinance. Employees may bring action in Superior Court against
an employer for back pay, treble damages for willful violations, and attorney's fees, or to
compel City officials to terminate the service contract of violating employers.
M. CONDITIONS FOR RESPONSES TO RFP
The following conditions apply to this RFP process:
A. Nothing contained in this RFP shall create any contractual relationship
between the respondent and the City.
B. This RFP does not obligate the City to establish a list of service providers
qualified as prime contractors, or award a contract to any respondent. The
City reserves the right to amend or cancel this RFP without prior notice, at
any time, at its sole discretion.
C. The City shall not be liable for any expenses incurred by any organization in
connection with this RFP.
D. No conversations or agreements with any officer, agent, or employee of the
City shall affect or modify any terms of this RFP. Oral communications or
any writtente-mail materials provided by any person other than designated
contact staff of City shall not be considered binding.
E. The City reserves the right, in its sole discretion, to accept or reject any or
all Proposals without prior notice and to waive any minor irregularities or
defects in a Proposal. The City reserves the right to seek clarification on a
Proposal with any source.
F. The dates, times, and sequence of events related to this RFP shall ultimately
be determined by the City. The schedule shown above is subject to change,
at the sole discretion of the City, although the City will attempt to follow it
and, if it must be altered, will attempt to provide reasonable notice of the
changes.
G. Respondents shall not issue any news release pertaining to this RFP, or the
City without prior written approval of the City.
H. All submitted proposals and information included therein or attached
thereto shall become public record upon delivery to the Community
Services Department,
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XII. RIGHT BY THE CITY TO WITHDRAW THIS REQUEST
The City may, at its sole discretion and for any reason whatsoever, withdraw this
solicitation at any time.
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SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTRACTOR'S
NAME] FOR [BRIEF DESCRIPTION OF SERVICES]
Contractor:
Responsible Principal of Contractor:
Notice Information - Contractor:
Notice Information - City:
Commencement Date:
Termination Date:
Consideration:
Records Retention Period
COVER PAGE
[insert name of contractor]
[insert name, title]
[insert name of contractor]
[insert street address]
[insert city, state, zip code]
Attention: [insert name, title]
Phone: [insert phone number]
Facsimile: [insert fax number]
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Mark Whitworth,
City Administrator
Telephone: (323) 583-8811 ext. 398
Facsimile: (323) 826-1408
[insert commencement date]
[insert termination date], unless extended
pursuant to Section 1
Total not to exceed $[insert amount]
(includes all applicable sales tax); and more
particularly described in Exhibit B
[insert number of years contractor must
retain records]
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTRACTOR'S
NAME] FOR [BRIEF DESCRIPTION OF SERVICES]
THIS AGREEMENT is made and entered into as of ("Effective Date'), by and
between the City of Vernon, a California charter City and California municipal corporation
("City"), and [Contractor's Name], a [State incorporated in] corporation ("Contractor'). City and
Contractor are collectively referred to herein as the "Parties."
RECITALS
A. City desires to have certain [brief description of services] services provided as
more fully set forth in the Scope of Services, attached hereto and incorporated herein as Exhibit
A.
B. Contractor represents it is qualified and capable of furnishing the labor, materials,
and expertise necessary to perform such services in accordance with the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, the Parties agree as follows:
Section 1. Term and Time of Performance.
(a) This Agreement shall commence upon the Commencement Date listed
on the Cover Page, and shall remain and continue in effect through the Termination Date listed
on the Cover Page, unless sooner terminated pursuant to the provisions of this Agreement, City
may renew this Agreement on a year-to-year basis at its discretion.
(b) In the event that City renews this Agreement, Contractor may submit a
proposal to increase its rates no later than thirty (30) days after receiving notice of City's intent
to renew. Any increase in rates must be approved by City before such increase can take effect.
If City fails to approve the proposed increase within thirty (30) days of receipt, Contractor may
terminate the renewal by giving thirty (30) days written notice.
Section 2. Performance.
(a) Contractor shall perform the services and tasks described and set forth in
the Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed
upon in writing signed by both Parties prior to performance of those additional services.
(b) Contractor shall at all times faithfully, competently and to the best of its
ability, experience, and talent, perform all Services under this Agreement in accordance with the
standard of care and skill ordinarily exercised by members of the profession currently practicing
in the same locality as the City under similar circumstances and in a manner reasonably
satisfactory to City. Contractor shall at all times comply with the highest ethical standards when
performing Services for the City.
(c) Contractor shall keep itself informed of all local, state, and federal
ordinances, laws and regulations which in any manner affect those employed by it or in any way
affect the performance of its Services pursuant to this Agreement. Contractor shall at all times
observe and comply with all such ordinances, laws and regulations. City, and its officers,
2
officials, employees, agents or volunteers shall not be liable at law or in equity occasioned by
failure of Contractor to comply with this section.
(d) Contractor will not be compensated for any work performed not specified
in Exhibit A unless City authorizes such work in advance and in writing.
Section 3. Compensation.
(a) City agrees to compensate Contractor, and Contractor agrees to accept
in full satisfaction for the services and any supplies or goods required by this Agreement, a sum
not to exceed the Consideration set forth on the Cover Page and more particularly described in
Exhibit B. The Consideration shall constitute reimbursement of Contractor's fee for the Services
as well as for all actual and necessary expenditures reasonably incurred in the performance of
this Agreement (including without limitation, all labor, materials, equipment, supplies, delivery,
tax, assembly, and installation, as applicable).
(b) There shall be no claims for additional compensation for reimbursable
expenses and Contractor shall not be reimbursed for any additional expenses.
(c) Change in the scope of services, duties, obligations, durations or total
compensation, shall be by written authorization only by the City. A form of Change Order is set
forth in Exhibit C attached hereto and incorporated by reference.
Section 4. Method of Payment. City shall pay Contractor the Consideration in
accordance with the Cost Schedule set forth in Exhibit B.
Section 5. Responsible Principals.
(a) Contractor's Responsible Principal set forth on the Cover Page shall be
principally responsible for Contractor's obligations under this Agreement and shall serve as
principal liaison between City and Contractor. Designation of another Responsible Principal by
Contractor shall not be made without prior written consent of City.
(b) City's Responsible Principal shall be the City Administrator or his
designee who shall administer the terms of the Agreement on behalf of City.
Section 6. Personnel.
(a) All persons performing Services shall have all the necessary technical
expertise, permits, professional licenses, certificates, training, and other qualifications required
by this Agreement or other applicable laws. Contractor shall provide City with said permits,
licenses, and certificates at the request of City.
(b) Contractor represents that it has, or shall secure at its own expense, all
personnel required to perform Contractor's Services under this Agreement. All personnel
engaged in the work shall be qualified to perform such Services.
Section 7. Permits and Licenses. Contractor shall obtain and maintain during the
Agreement term all necessary licenses, permits and certificates required by law for the provision
of services under this Agreement, including a business license.
Section 8. Access. Contractor shall comply with all reasonable access and other
restrictions that City may impose. No access to City property for performance of the Services
shall be permitted prior to delivery to City of proof of insurance paid and maintained by
Contractor.
Section 9. Contractor's Duties and Representations.
Contractor represents, covenants and agrees as follows:
(a) There are no obligations, commitments, or impediments of any kind that
will limit or prevent performance of the Services.
(b) Contractor presently has no interest and shall not have any interest, direct
or indirect, which would conflict in any manner with the performance of the Services
contemplated by this Agreement. No person having any such interest shall be employed by or
be associated with Contractor.
(c) There is no litigation pending against Contractor and Contractor is not the
subject of any criminal investigation or proceeding, and neither Contractor nor its personnel, to
its actual knowledge, have been convicted of a felony.
Section 10. Independent Contractor.
(a) Contractor is and shall at all times remain, as to City, a wholly
independent contractor. The personnel performing the Services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its officers, officials, employees, agents, or volunteers shall have control over the
conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in
this Agreement. Contractor shall not at any time or in any manner represent that it or any of its
officers, employees, or agents are in any manner officers, officials, employees, agents, or
volunteers of City. Contractor shall not incur or have the power to incur any debt, obligation or
liability whatsoever against City, or bind City in any manner.
(b) No employee benefits shall be available to Contractor or its officers,
employees, or agents in connection with the performance of this Agreement. Except for
Consideration paid to Contractor as provided in the Agreement, City shall not pay salaries,
wages, or other compensation to Contractor for performing services hereunder for the City. City
shall not be liable for compensation or indemnification to Contractor or its officers, employees,
or agents for injury or sickness arising out of performing services hereunder.
(c) Contractor agrees to pay and be responsible for paying all Federal, State
and local taxes for compensation received by Contractor from City while performing services for
City.
Section 11. Termination.
(a) Termination Right. City may, at any time, for any reason or for no reason,
with or without cause, terminate this Agreement, by serving upon the Contractor at least five (5)
calendar days prior written notice. Upon receipt of such notice, Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise.
(b) In the event of termination or cancellation of this Agreement by City, due
to no fault or failure of performance by Contractor, Contractor shall be paid based on the
percentage of work satisfactorily performed at the time of termination. In no event shall
Contractor be entitled to receive more than the amount that would be paid to Contractor for the
full performance of the services required by this Agreement. Contractor shall have no other
claim against City by reason of such termination, including any claim for compensation.
(c) Actions Subsequent to Termination. In the event of termination of this
Agreement, Contractor shall deliver all Confidential Information, as defined in Section 13 below,
to City within thirty (30) days after the termination of this Agreement. Contractor shall also take
all such other action as City reasonably requires and shall cooperate with City to effectuate an
orderly and systematic termination of Contractor's duties and activities bereunder.
(d) All of the terms and conditions in the Agreement related to payment,
confidentiality, indemnification, dispute resolution and waiver shall survive termination of this
Agreement.
Section 12. Limitation of City's Liability. City's liability on any kind of claim for any
loss or damage arising out of, in connection with, or resulting from this Agreement, shall in no
case exceed the amount that would be paid to Contractor for the full performance of the
services required by this Agreement. In no event shall City be liable for anticipated profits or for
incidental, consequential or punitive damages. City shall not be liable for penalties of any
description.
Section 13. Confidential Status: Disclosure of Information.
(a) Confidential Status; Disclosure of Information. All data, customer
information, business practices, business methods, privileged information, trade secrets,
financial statements, floor plans, designs, blueprints, maps, surveys, drawings, models, reports,
correspondence, logs, documents, materials or other information developed or created by
Contractor, received by Contractor, revealed to Contractor, or provided to Contractor for the
performance of this Agreement ("Confidential Information") are deemed confidential and shall
not be disclosed by Contractor to any third party without City's prior written consent. City
reserves all rights to Confidential Information. City shall grant consent if disclosure is legally
required. All Confidential Information shall be returned to City upon completion or termination of
this Agreement. Contractor's covenant under this section shall survive the termination of this
Agreement. City may disclose to third parties any Confidential Information at its sole discretion.
(b) . Contractor's obligation not to disclose any Confidential Information shall
not extend to information that:
i. was in the possession of, or was rightfully known by, the
Contractor without an obligation to maintain its confidentiality prior to receipt from City;
it. is or becomes generally known to the public without violation of
this Agreement;
iii. is obtained without an obligation of confidentiality by the
Contractor in good faith from a third party having the right to disclose it without an obligation of
confidentiality; or
iv. information which is required to be disclosed pursuant to any court
order or directive having the force of law.
(c) The provisions of this section shall survive the termination of this
Agreement.
Section 14. Technical Materials. City reserves all rights to any and all tools, dies,
patterns, plates or other similar technical materials furnished or paid for by City; and Contractor
shall use such materials in strict confidentiality and shall return the same to City at its request
upon completion or termination of this Agreement. Contractor shall not copy or otherwise use
any such materials for any purposes other than the completion of this Agreement. Contractor's
covenant under this section shall survive the termination of this Agreement.
Section 15. Records and Inspections. Contractor shall maintain full and accurate
records with respect to all matters covered under this Agreement for Records Retention Period.
City shall have access, without charge, during normal business hours to such records, and the
right to examine and audit the same and to make copies and transcripts therefrom, and to
inspect all program data, documents, proceedings and activities.
Section 16. Default. Contractor's failure to comply with the provisions of this
Agreement shall constitute a default. In the event that Contractor is in default under the terms
of this Agreement, City shall have no obligation or duty to continue compensating Contractor for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to Contractor.
Section 17. Indemnification. Contractor agrees to defend, indemnify, protect and hold
harmless City, its officers, officials, employees, agents, and volunteers from and against any
and all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties,
fines, defensive costs or expenses, including without limitation, interest, attorneys' fees and
expert witness fees, or liability of any kind or nature arising out of or attributable to the acts or
omissions of Contractor, or Contractor's officers, employees, or agents which in any way arise
out of, result from, or are in any way related to the performance or non-performance of this
Agreement, excepting only liability arising out of the sole negligence or willful misconduct of
City, its officers, officials, employees, agents, or volunteers.
THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL
SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT AND
SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION.
The obligations in this section are in addition to Contractor's duty to provide insurance and shall
not be limited by any limitation on the amount or type of insurance coverage carried by
Contractor.
Section 18. Insurance.
(a) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive General
Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence,
combined single limit, against any personal injury, death, loss or damage resulting from the
wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents.
(b) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability
insurance covering personal injury and property damage, with minimum limits of One Million
Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by
Contractor or Contractor's officers, employees, or agents in performing the services required by
this Agreement.
(c) Contractor agrees to maintain in force at all times during the performance
of work under this Agreement workers compensation insurance as required by law.
(d) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Excess Liability Insurance, with
minimum limits of Two Million Dollars ($2,000,000) for each occurrence; combined single limit,
and provide policy coverage and terms at least as broad as those required in the primary
insurance.
(e) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Pollution Liability Insurance,
with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single
limit, and provide policy coverage and terms at least as broad as those required in the primary
insurance.
(f) Contractor shall require each of its sub -consultants or sub -contractors to
maintain insurance coverage that meets all of the requirements of this Agreement.
(g) The policy or policies required by this Agreement shall be issued by an
insurer admitted in the State of California and with a rating of at least a B+; VI in the latest
edition of Bests Insurance Guide.
(h) Contractor agrees that if it does not keep the aforesaid insurance in full
force and effect City may either immediately terminate this Agreement or, if insurance is
available at a reasonable cost, City may take out the necessary insurance and pay, at
Contractor's expense, the premium thereon.
(i) At all times during the term of this Agreement, Contractor shall maintain
on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City
Attorney and Risk Manager, along with a copy of the policy declarations page for each policy
showing that the aforesaid policies are in effect in the required amounts. Upon request by City,
Contractor shall cause its insurers to issue certified copies of the insurance policies evidencing
that the coverage and policy endorsements required under this Agreement are maintained in
force. Contractor shall, prior to commencement of work under this Agreement, file with the Risk
Manager, such certificate or certificates and a copy of the policy declarations page for each
policy. The policies of insurance required by this Agreement shall contain an additional insured
endorsement naming the City, its officers, officials, employees, agents, and volunteers as
insured's. All of the policies required under this Agreement shall contain an endorsement
providing that the policies cannot be canceled or reduced except on thirty (30) days prior written
notice to City, and specifically stating that the coverage contained in the policies affords
insurance pursuant to the terms and conditions as set forth in this Agreement.
0) The insurance provided by Contractor shall be primary to any coverage
available to City, and any insurance or self-insurance maintained by City, its officers, officials,
employees, agents, or volunteers shall be excess of Contractor's insurance and shall not
contribute with it. The policies of insurance required by this Agreement shall include provisions
for waiver of subrogation. Contractor hereby waives all rights of subrogation against City, its
officers, officials, employees, agents, and volunteers.
(k) Any deductibles or self -insured retentions must be declared to and
approved by City. At the option of City, :Contractor shall either reduce or eliminate the
deductibles or self -insured retentions with respect to City, or Contractor shall procure a bond
guaranteeing payment of losses and expenses.
Section 19. Certification. In accordance with the provisions of Section 3700 of the
Labor Code, Contractor shall secure the payment of compensation to Contractor's employees.
By executing this Agreement, Contractor certifies the following' Contractor is aware of the
provisions of Section 3700 of the Labor Code which require every employer to be insured
against liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and Contractor will comply with such provisions before commencing the
performance of the work of this Agreement.
Section 20. Standard Specifications. The work done pursuant to this Agreement shall
be done in accordance with the provisions of the most current edition of "Standard
Specifications for Public Works Construction" (commonly known as "the Green Book") including
Supplements, prepared and promulgated by the Southern California Chapter of the American
Public Works Association and the Associated General Contractors of California, which
specifications are hereinafter referred to as the "Standard Specifications." The provisions of
these Standard Specifications shall apply to the work performed under this Agreement, unless
different standards are specified in Exhibit or agreed to in writing by the City.
Section 21. Compliance with Laws. Contractor shall keep itself informed of and
comply with all Applicable Laws, including without limitation, the Fair Labor Standards Act, the
Occupational Safety and Health Act and all those Applicable Laws relating in any way to
employment practices and protection of the environment. Contractor shall not discriminate
against any employee or any applicant for employment for reasons of race, color, creed,
religion, sex, sexual preference, age or national origin. For purposes of this section, "Applicable
Laws" shall mean any and all laws, regulations, rules, orders, directives, judgments, decrees,
permits, approvals or other applicable requirements of any governmental entity or agency
having jurisdiction that are applicable to any aspect of this Agreement that are in force on the
Effective Date and as they may be enacted, issued or amended during the term of this
Agreement.
Section 22. Enforcement of Wage and Hour Laws. Eight hours labor constitutes a
legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25)
for each worker employed in the execution of this Agreement by the respective Contractor or
subcontractor for each calendar day during which the worker is required or permitted to work
more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation
of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid
to the City; provided, however, work performed by employees of contractors in excess of 8
hours per day, and 40 hours during any one week, shall be permitted upon compensation for all
hours worked in excess of 8 hours per day at not less than 1'% times the basic rate of pay.
Wages. The Contractor and any Subcontractor employees as to time
spent working on this City service contract, shall be paid in accordance with the State of
California's Prevailing Wages or the City's Living Wage Ordinance minimum wage provisions,
whichever is greater. In addition, employees shall be given time off in accordance with the
City's Living Wage Ordinance. The Current Living Wage Standards are set forth in Exhibit D.
Upon request certified payroll information shall be provided to the City.
Section 23. Materials and Workmanship. City shall have the right to inspect any
material used. Material furnished shall be new, complete, ready -for -use and of the latest model,
shall not have been used in demonstration or other services and shall have all the usual
equipment as shown by its manufacturer's current specifications and catalogs, unless otherwise
specified. Equipment, supplies or services that fail to comply with the Agreement requirements
regarding design, material or workmanship may be rejected at the option of City. Any materials
rejected shall be removed from City premises at the Contractor's sole expense.
Section 24. Licenses and Permits. Except as provided herein below, Contractor shall
obtain and pay for all permits and licenses required by federal, state or local law, rule or
regulation. Costs for obtaining City permits required under this Agreement will be waived. All
requirements for obtaining permits (including City permits) remain in effect and are not waived;
only the costs of City permits are waived.
Section 25. Assignment of Unfair Business Practices. Contractor and its
subcontractor offers and agrees to assign to City all rights, title, and interest in and to all causes
of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, services, or materials
pursuant to the public works contract or the subcontract. This assignment shall be made and
become effective at the time City tenders final payment to Contractor, without further
acknowledgment by the parties.
Section 26. Assignment and Subcontracting. Contractor shall not assign or attempt to
assign any portion of this Agreement, or subcontract any required performance hereunder,
without the prior written approval of City. Any assignment or subcontract made in violation of
this section is invalid and void. In the event City grants written approval to Contractor to
subcontract work under this Agreement, Contractor is prohibited from using a subcontractor who
is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of
the Labor Code.
Section 27. Arbitration and Venue. Any dispute, claim or controversy arising out of or
relating to this Agreement or the breach, termination, enforcement, interpretation or validity
thereof, including the determination of the scope or applicability of this Agreement to arbitrate,
shall be determined by arbitration in. Los Angeles, California. The. arbitration shall be
administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The
arbitrator shall be a retired judge. All decisions of the arbitrator shall be in writing, and the
arbitrator shall provide written reasons for their decision. The arbitration decision shall be final
and binding on the Parties. Judgment on the award may be entered in any court having
jurisdiction pursuant to this Agreement. This clause shall not preclude Parties from seeking
provisional remedies in aid of arbitration from a court having jurisdiction pursuant to this
Agreement. The exclusive jurisdiction and venue under this Agreement shall be the Superior
Court of California, Los Angeles County.
W
Section 28. Attorneys Fees. In the event a dispute, claim or litigation arises regarding
this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys
fees and actual costs, which may be set by the arbitrators or the court in the same action or in a
separate action brought for that purpose, in addition to any other relief which is obtained.
Section 29. Governing Law. This Agreement shall be interpreted and enforced
according to, and the Parties rights and obligations governed by, the domestic law of the State
of California, without regard to its laws regarding choice of applicable law.
Section 30. Entire Agreement and Modifications. This Agreement, including
attachments incorporated herein by reference, represents the entire integrated agreement and
understanding between the Parties, and supersedes all prior or contemporaneous negotiations,
representations, agreements, understandings and statements, written or oral. This Agreement
may only be modified in writing and signed by both Parties.
Section 31. Waiver. The waiver by either party of a breach or default by the other
party shall not be deemed a waiver of any different or later breach whether of the same or other
covenant or condition; nor shall any delay or omission by either parry to exercise any right it
may have hereunder operate as a waiver of any breach or default of such a right. The failure of
either party to this Agreement to exercise any of its rights under this Agreement does not
constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of
any subsequent breach. No waiver, benefit, privilege, or service voluntarily given or performed
by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
Section 32. Force Maieure. Neither party shall be considered in default of any of its
obligations under this Agreement when a failure of performance shall be due to an
uncontrollable force. The term "uncontrollable force" shall mean flood, earthquake, storm, fire,
lightning, epidemic, war, riot, civil disturbance or disobedience, 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.
Section 33. City Not Obligated to Third Parties. City shall not be obligated or liable
under this Agreement to any party other than Contractor. City shall timely notify Contractor of
the receipt of any third -party claim relating to this Agreement. City shall be entitled to recover its
reasonable costs incurred in providing the notification required by section.
Section 34. Notices. All notices, approvals, consents and other communications
between the Parties shall be in writing, and shall be sent by certified mail (return receipt
requested) or other delivery service which provides evidence of delivery, using the address set
forth on the Cover Page under "Notice Information - City" or "Notice Information — Vendor,' as
appropriate, or at such other address as may be furnished by either party to the other in writing.
Mailed notices will be deemed communicated as of the day of receipt.
Section 35. Cover Page and Exhibits. The Cover Page and all documents referenced
as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any
10
material discrepancy between the express provisions of this Agreement and the provisions of
any document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 36. Headings. Headings used in this Agreement are for convenience and
ease of reference only and shall not affect the interpretation of the Agreement.
Section 37. Survival of Terms. All of the terms and conditions in this Agreement
related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive
termination of this Agreement.
Section 38. Severability. Whenever possible, each provision of this Agreement shall
be interpreted in such a manner as to be valid under applicable law. If any provision of this
Agreement is determined by a court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and
shall in no way be affected, impaired or invalidated.
Section 39. Authority to Execute This Agreement. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority
to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to
the performance of its obligations under this Agreement.
[Signatures Begin on Next Page].
11
IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated
in the introductory clause.
City of Vernon, a California charter City
and California municipal corporation
By:
Hilario Gonzales
Mayor
ATTEST:
[CONTRACTOR'S NAME, a [State
incorporated in] corporation
By:
Name:
Title:
By:
Name:
Willard G. Yamaguchi, City Clerk Title:
APPROVED AS TO FORM:
Willard G. Yamaguchi,
Chief Deputy City Attorney
12
EXHIBIT A
SCOPE OF SERVICES
13
EXHIBIT B
FEES
[Example (Delete and replace actual terms)]
[Contractor shall be paid $[insert flat amount] to perform all Services described in Exhibit A.]
[Contractor shall invoice City [FREQUENCY] for Services provided under this Agreement.]
[Example (Delete and replace with actual terms)]
[Invoices shall include the period for which Services were provided, the dates of such Services,
and a description of the Services provided for that billing period. Each invoice shall include
copies of timesheets and other supporting documents as City may require.]
[Payments of each invoice shall be made by City within thirty (30) days following receipt of each
invoice as to all non -disputed fees. If City disputes any of Contractor's fees, it shall give written
notice to Contractor within thirty (30) days of receipt of the disputed invoices. Any amounts in
dispute shall be withheld until resolution.]
14
EXHIBIT C
CHANGE ORDER
15
CITY OF VERNON
COMMUNITY SERVICES & WATER DEPARTMENT
AGREEMENT CHANGE ORDER NO. SUPPLEMENT NO. SHEET OF SHEETS
PROJECT: P.O. NO.
TO: CONSULTANT
REQUESTED BY:
You are hereby directed to make the herein described changes from the original scope of work of this agreement. Except as
specifically modified herein, all terms and conditions of the original agreement remain in full force and effect, and apply to the
additional work as if said work was originally included in the agreement.
Agreement Amount Base Bid
.............................................
$
Amount of This Chan a OrderI
.............................................
$
Amount of Previous Change Orders
I .........................................
$
Total Change Orders
I ......................................................
$
Modified Agreement AmountI
.............................................
$
By reason of this change order the time of
completion will be adjusted as follows:
Approved: Date:
Director of Community Services & Water
Attest: Date:
Willard Yamaguchi, City Clerk
We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved,
that we will provide all
labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the
work above specifigd, and
will accept as full payment therefore the prices shown above.
Accepted Date: Consultant:
By: Title:
c: Project File/Consultant/Purchasing Rev.03/10
EXHIBIT D
LIVING WAGE PROVISIONS
Minimum Living Wanes:
A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour
with health benefits, or $11.55 per hour without health benefits.
Paid and Unpaid Days Off:
Employers provide qualifying employees at least twelve compensated days off per year for sick
leave, vacation, or personal necessity at the employee's request, and an additional ten days a
year of uncompensated time for sick leave.
No Retaliation:
A prohibition on employer retaliation against employees complaining to the City with regard to
the employer's compliance with the living wage ordinance. Employees may bring an action in
Superior Court against an employer for back pay, treble damages for willful violations, and
attorney's fees, or to compel City officials to terminate the service contract of violating
employers.
16
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: January 5, 2012
TO: S. Kevin Wilson, Director of Community Services & Water
FROM: Willard Yamaguchi, City Clerk Wt
RE: Resolution No. 2012-11 — A Resolution of the City Council of the City of Vernon
Authorizing the Issuance of a Request for Proposals for the Engineered Design of a
Temporary Closed Water System, Elevated Tank Standpipe Repair and Technical Support
Services
Transmitted herewith is a copy of Resolution No. 2012-11 referenced above, which was approved by City
Council on January 3, 2012.
Thank you.
WY:dj
Attachment
c: Resolution No. 2012-11
c,2o1,,?—// RECE E
DEC 2 1 2011
CITY CLERK'SofflM CIT DMINISTRATION
STAFF REPORT
COMMUNITY SERVICES & WATER DEPARTM
DATE: December 20, 2011
TO: Honorable Mayor and City Council
i
FROM: Samuel Kevin Wilson, Director of Community Services &Water
RE: Permission to Seek Request for Proposals For The Engineered Design of A
Temporary Closed Water System, Elevated Tank Standpipe Repair, & Technical
Support Services
The Water Department (Department) is requesting permission to seek Request for Proposals
(RFP) from qualified engineering consulting firms for the Engineered Design of A Temporary Closed
Water System, Elevated Tank Standpipe Repair & Technical Support Services.
The Elevated Tank (Tank) was inspected by Harper Associates Engineering, Inc. (Harper) in
April of 2010. Harper's structural report noted severe corrosion present on the lower portion of the
standpipe. The Department was looking into solutions to remove the corrosion and prevent future
degradation of the standpipe when it detected a small leak originating from the corroded section of
standpipe. The Department took several pictures of the corroded section of the standpipe and forwarded
them to Spiess Construction Company (Spiess) who specializes in reservoir construction and repair.
Spiess recommended exploratory work in order to determine a repair methodology. Spiess also
recommended that the work be conducted at a time when the Tank and standpipe are completely drained
and taken out -of -service. The work will require the selected consultant to evaluate methods to convert the
existing open to atmosphere distribution to a temporary closed water distribution system in order for the
distribution system to remain hydraulically sound during the construction phase of the project.
The intent of the RFP is to hire a consultant to gather information pertaining to the structural and
hydraulic functionality of the Tank, and prepare a technical report addressing their findings with
recommended solutions and cost estimates for designing a temporary closed water system and repair the
corroded section of standpipe. The selected consultant will be tasked with identifying a minimum of two
solutions to making the standpipe repair and designing a temporary closed water system. The Department
will work collectively with the consultant to determine a repair strategy. ` Once a repair strategy is
selected, the consultant will prepare technical specifications for the project.
Moreover, the subject project will require extensive technical expertise in terms of structural and
hydraulic principles and practices. The selected consultant will be required to perform technical support
services once a contractor is selected to perform the actual repairs. The technical support services will
include; but are not limited to evaluating received bids to assist the Department in the mandatory pre -bid
conference; evaluating the bids and provide recommendations in regards to awarding the contract, and
assisting with contract negotiations. In addition, the selected consultant shall provide technical support
DEC 2 2 2011
4�R� CF VgR�ox
CnYCIERKsOFFVCE � ,
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`S'6LY ,YOJ
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Mark Whitworth, City Administrator
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FROM: Samuel Kevin Wilson, Director of Community Services and Water
DATE: December 20, 2011
SUBJECT: Permission to Seek Request for Proposals For The Engineered Design of A
Temporary Closed Water System, Elevated Tank Standpipe Repair, & Technical
Support Services
The Water Department (Department) is requesting permission to seek Request for Proposals (RFP)
from qualified engineering consulting firms for the Engineered Design of A Temporary Closed Water System,
Elevated Tank Standpipe Repair, & Technical Support Services.
The Elevated Tank (Tank) was inspected by Harper Associates Engineering, Inc. (Harper) in April of
2010. Harper's structural report noted severe corrosion present on the lower portion of the standpipe. The
Department was looking into solutions to remove the corrosion and prevent future degradation of the standpipe
when it detected a small leak originating foni-the corroded section of standpipe. The Department took several
pictures of the corroded section -of -the standpipe and forwarded them to Spiess Construction Company (Spiess)
who specializes in reservoir construction and repair. Spiess, recommended exploratory work in order to
determine a repair methodology. Spiess also recommended that the work be conducted at a time when the Tank
and standpipe are completely drained and taken out -of -service.
Moreover, the work will require the selected consultant to evaluate methods to convert the existing
open to atmosphere distribution to a temporary closed water distribution system in order for the distribution
system to remain hydraulically sound during the construction phase of the project. The selected consultant will
also be tasked with developing specifications to repair the corroded section of standpipe; and provide technical
support services once the project is contracted out for repair.
A Staff Report is attached herewith along with a copy of the RFP. It is recommended that the City
Council, at the January 3, 2012 meeting, grant the Department pemmssion to issue RFP's to qualified
engineering consulting firms. Thank you.
SKW/sr
Enclosures
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RECEI"V EL
JAN 17 2012 ell
CITY CLERWS OFFICE
COMMUNITY SERVICES & WATER DEPARTMENT
Samuel Kevin Wilson, Director of Community Services & Water
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811 Fax (323) 826-1435
January 11, 2012
NOTICE TO BIDDERS — ADDENDUM NO.1
This notice shall be considered as Addendum No. 1 to the Request for Proposal "For Engineered Design of A
Temporary Closed Water System, Elevated Tank Standpipe Repair & Technical Support Services." The Request for
Proposal now includes the addition of structural, contusion, and hydraulic flow studies.
The Request for Proposal "For Engineered Design of A Temporary Closed Water System, Elevated Tank
Standpipe Repair & Technical Support Services" is to be amended as follows:
Appendix `B" Water Distribution System Hydraulic Analysis; prepared by Infrastructure
Engineering Corporation. 2006 Report.
2. Appendix "C" Elevated Tank Structural Details; prepared by Harper & Associates
Engineering, Inc. 2002 Report.
3. Appendix "D" Corrosion Report; prepared by Harper & Associates Engineering, Inc.
2002 Report.
4. Appendix "B" Corrosion Report; prepared by Harper & Associates Engineering, Inc.
2010 Report.
5. Appendix "F" Corrosion Report, Interior Photographic Survey; prepared by Harper &
Associates Engineering, Inc. 2010 Report.
Bidders shall acknowledee receipt of this addendum.
Please refer to the City of Vernon website at www.citvofvernon.org under the Community Services Water Division page
to view the above -mentioned Appendices. A hydraulic computer model, developed in 2006, will be made available to
the selected consultant only. If you have any questions, please call Scott B. Rigg of my staff at (323) 583-8811 extension
279.
SijeSn Wilson, P.E.
Director of Community Services & Water
SKW/sr
c: Willard Yamaguchi
Excfusivefy Industriaf
RECEIVED
JAN 1`7 2012
CITY CLERK'S OFFICE
o
COMMUNITY SERVICES & WATER DEPARTMENT
Samuel Kevin Wilson, Director of Community Services & Water
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811 Fax (323) 826-1435
January 11, 2012
NOTICE TO BIDDERS - ADDENDUM NO. 1
This notice shall be considered as Addendum No. 1 to the Request for Proposal "For Engineering Design And
Construction Support Services For Well 2 L ' The Request for Proposal now includes a Source Water Assessment study
performed in 2011.
The Request for Proposal "For Engineering Design And Construction Support Services For Well 21" is to be
amended as follows:
1. Appendix "B" Source Water Assessment; prepared by Richard C. Slade & Associates
LLC. 2011 Report.
Bidders shall acknowledge receipt of this addendum.
Please refer to the City of Vernon website at www.citofvemon.ore under the Community Services Water Division
page to view the above -mentioned Appendix `B." If you have any questions, please call Scott B. Rigg of my staff at
(323) 583-8811 extension 279.
SKW/sr
c: Willard Yamaguchi
Wilson, P.E.
immunity Services & Water
ExcCusz=5 InditstivI