Resolution No. 2012-053RESOLUTION NO. 2012-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AUTHORIZING THE ISSUANCE OF A REQUEST FOR
PROPOSALS FOR THE REVIEW OF THE I-710 EIR/EIS ON
BEHALF OF THE CITY OF VERNON
WHEREAS, the City of Vernon is interested in obtaining
proposals from qualified consultants to perform a review of the I-710
EIR/EIS, traffic studies and proposed geometric designs; and
WHEREAS, the Director of Community Services & Water is
seeking permission for the issuance of a request for proposals
regarding the review of the I-710 EIR/EIS (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 1st day of May, 2012.
Name: William J. D&Vis
Title; 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. 2012-53, 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, May 1, 2012, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this -1 day of May, 20'2, at Vernon, California.
(SEAL)
llarCr G./&V(ag)ucbj(, )City Clerk
- 3 -
EXHIBIT A
Request for Proposals (RFP)
Review of I-710 EIR/EIS on Behalf of the
City of Vernon
Proposal submittal Information
Place: Community Services and Water Department
4305 Santa Fe Avenue
Vernon, CA 90058
Deadline: 2:00 pm
Date: Thursday May 17, 2012
City of Vernon
Community Services Department
4305 Santa Fe Ave. Vernon CA 90058
Phone: (323) 583-8811
INTRODUCTION AND PROJECT
The City of Vernon ("City") invites proposals from qualified firms to perform a review of the I-710
Environmental Impact Report and Geometric Design of the I-710 widening on behalf of the City of
Vernon.
Brief Project Description: The Los Angeles Metropolitan Transportation Authority in
conjunction with Caltrans and other funding partners is in the process of preparing a major
investment study of the I-710 fi•om the ports in Long Beach to State Route 60. Several alternatives
to improve the I-710 have been developed over the course of the project including a no build
scenario, widening the freeway mainline and constructing a separate and distinct freight corridor.
This project has been a massive undertaking and the project proponents should be applauded for the
thorough an unprecedented analysis that has performed. With this understanding the project will
have impacts on the adjacent communities. Caltrans will be soon be releasing an EIR/EIS for the
project. The City of Vernon is proposing to retain a consultant to review the EIR/EIS on its behalf
to ensure that all project impacts to the City have been minimized and that the Geometric Design
provides the best alternative to circulate traffic through the City. The EIR/EIS is set to be released
on June 1, 2012 and is scheduled to have a b0 day review period. As such all comments on the
City's behalf must be submitted by this deadline.
The deadline for submitting this proposal is May 17, 2012 at 2:00 p.m.
II. BACKGROUND
City History: The City of Vernon is a 5.2 square mile industrial community founded in 1905 and is
located approximately 5 miles southeast of downtown Los Angeles California. Over its long
history Vernon has been developed as industrial community. At the turn of the century the lands
comprising Vernon were comprised largely of farmlands. The presence of three major rail lines led
to 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 "exclusjvely 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. The City is fully built out, however as
former industrial facilities are decommissioned and eventually demolished it does permit for infill
development opportunities. As Vernon has developed over the past century the residential
population of the City slowly declined. Today only 112 people reside within the City
City Government: The City Council consists of five members, elected from the City at -large, who
serve five-year staggered terms. The City Council annually appoints a Mayor and a Mayor Pro Tern
fi•om its own membership to serve one-year terms. As a legislative body, the City Council is
responsible for the enactment of local laws (Ordinances), the adoption of the annual City Budget
and Capital Improvement Plan, and the review and adoption of proposed policies, agreements,
contracts and other City business items.
I-710: The I-710 lies along the eastern border of the City of Vernon and serves as one of the
primary freeways serving the City, Traffic flowing on and off of the I-71Oat the Atlantic Band ini
interchange delivers much of the goods being delivered to the City's business community including
raw products that will be used in manufacturing processes and finished goods that are being stored
within the City's numerous distribution facilities. Much of the 55,000 employees working in
Vernon utilize the I-710 freeway to access their place of work. The 1-710 Atlantic/Bandini
htterchange was poorly designed from its inception and needs a major improvement to properly
circulate traffic through the City. A major investment study of the I-710 freeway is nearing
completion. This study proposes potential improvements that can be made to the I-710 freeway to
enhance traffic flow and the environment conditions in and around the freeway. Multiple concepts
have been carried forward into the EIR/EIS phase, including a no build alternative, TSM
alternative, widening alternative and several freight corridor alternatives.
III. SCOPE OF SERVICES
The City is seeking a Consultant that has extensive experience in either preparing or reviewing
environmental documents, traffic studies and geometric designs. The City of Vernon is seeking to
retain a consultant to review the EIR/EIS, various traffic studies and geometric design as it pertains
to the Vernon area. The consultant geometric design review should be limited to the 1-5 freeway to
the north and Florence Avenue to the south. The analysis should briefly review the traffic
operations of the entire freeway improvements to determine if traffic flows could be improved with
minor geometric improvements, but the emphasis of the consultants work shall be on how the
improvements will impact either positively or negatively Vernon. The City of Vernon has
multiple concerns with the project including lack of detail of construction impacts including how
the project will be staged in the Vernon area, lack of traffic analysis that the project will have on
minor arterials and collectors within the City, lack of detail on how storm water runoff will be
treated to ensure compliance with Regional Board standards, how the project may impact
emergency services within the City during construction of the project, lack of detail on the
economic impacts to the community during the construction phase, air quality from increased truck
traffic in and out of the intermodal yards, landscape designs that may not be maintainable given
Caltrans lack of resources amongst other concerns. It should be noted that the proposed freeway
design in the Vernon area is extremely complex with entire interchanges being reconfigured,
freight corridor on and off ramps branching off onto local streets, weaves, merges and lane drops on
the mainline freeway and the freeway mainline shifting nearly a 100 feet to the east.
The following tasks are proposed, however the City is open to suggestions that the Consultant
believes would be of value in producing the best evaluation for the City.
• Kick off meeting with staff to discuss the City's initial concerns with the project.
• Review of the EIR/EIS, including supporting documents and appendices to the EIR/EIS, to
determine if the document adequately studies the impacts to the City of Vernon and that
appropriate mitigation is being provided.
• Review of the traffic analysis performed for the I-710/ Washington Blvd., Atlantic/Bandini
and Slauson Blvd. interchanges, including traffic data, traffic modeling, and any
assumptions or forecasts made are accurate and appropriate and that the level of service
findings are correct.
• Review of the traffic data or lack of traffic data to determine if adequate analysis was
performed on the City's local street network to mitigate any potential concerns that may
arise from the project both during construction and after completion.
• Review of the geometric designs to ensure the best possible layout was developed for the
interchanges serving the Vernon area.
• Review of aesthetic approaches to enhance the landscapes in and around Vernon,
minimizing block sound walls and replace with more aesthetically pleasing design such as
textured concrete wall panels and encouraging maintainable landscapes.
• Meetings with staff to discuss identified concerns.
• Preparation of a comprehensive list of comments regarding items that need further study,
impacts that need additional mitigation and suggested improvements to the project that will
enhance the design in and around Vernon.
• Presentation of consultants findings to City Council
• Prepare final comment letter to Caltrans regarding the EIR/EIS.
IV. WORK PRODUCTS
The format for all work products will be on 8-1/2" x 11 ", black or color ink on white paper. The
City utilizes Microsoft Office, AutoCAD and Adobe Portable Document Format (PDF) as its
standard software. 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 Team's
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 plan check tasks. All work must be completed
prior to the end of Caltrans comment period.
C. Work Plan: Proposals shall define the concepts for conducting the work and
interrelationship of all products. Define the scope of each task including the depth
and scope of analysis or research proposed.
D. 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. Cost information shall be submitted in
a separate sealed envelope. The City has set a budget of $40,000 for the project.
Please indicate the total cost for the project and if $40,000 is insufficient please
provide the reasons why additional funds are necessary.
C. Staffing: The project manager and key personnel, including those of any
subcontractor, shall be designated. 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 projects.
2. Firm is to provide, with proposal, three or more satisfactory references for
work performed in the past five years.
3. Firm can demonstrate understanding of the project, and knowledge of the
disciplines necessary to complete the project, track record of delivering on
time and on budget.
B. Selection Criteria: The following items will be used to evaluate each Consultant
Team: ,
1. Resumes of supervisory staff that will have direct charge of the project
with Educational background and qualifications.
2. Experience; and demonstrated record of success on work previously
performed work.
3. Substantiating adequate staff to complete the work within the time
specified in the proposal.
4. The ability to work effectively with City staff, other public agencies, and
the public and peer professionals as may be required during the course of
the work or other services.
5. Where appropriate, whether the party has adequate knowledge of local
conditions.
6.- Whether the party has available experienced, capable and acceptable
professional personnel or sub -consultants as may be pertinent to the work.
7. A 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.
C. Rating Sheet: Appendix "A" is the rating sheet that will be used to rank the
consultants submitting proposals.
VII. FORMAT AND DELIVERY RESPONSE
Respondents are asked to submit five (5) copies of their proposals, one of which shall be loose leaf
for easy reproduction, 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: Typed 8.5" x I 1 " pages or less on white paper. You may attach company
brochure materials if you wish, but these must be as separate attachments and
independent from the required elements noted.
1. Organize your submittal in the order described above.
2. Provide one (1) unbound original of your firm's
3. Prominently label the package: "Subdivision of City Parcels" and include
the name of the prime respondent.
Deliver the response to:
City of Vernon
Community Services Department
Attention: Samuel Kevin Wilson
4305 Santa Fe Avenue
Vernon, CA 90058
5. The response is due on or before 2:00 p.m., May 17, 2012. Late
responses will not be accepted.
6. If you have any questions please contact Kevin Wilson at (323) 583-8811
ext. 245.
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.
G. Proposed Schedule: Present a comprehensive schedule reflecting time frames to
perform the plan check services.
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 for each task were developed.
Negotiations may or may not be conducted with the firm; therefore, the proposal
submitted should contain the firm's most favorable terms and conditions, since
selection and award may be made without discussion with any firm. All prices
should reflect "not to exceed" amounts per item.
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 firm 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 City Manager,
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.cityofvernon.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. LIVABLE WAGE ORDINANCE
The selected consultant shall pay qualifying employees a wage of not less than $10.30 per hour
with health benefits, or $1 l .55 per hour without health benefits. The consultant shall also provide
qualifying employees at least twelve days off per year for sick leave, vacation or personnel
necessity, and an additional ten days a year of uncompensated time for sick leave. There shall a
prohibition on an employer retaliation against an employee's complaining to the City with regard to
the employer's compliance with the living wage ordinance.
X 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 in Appendix B. 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.
XI. 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
written/e-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.
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.
XIII. PROTEST POLICY
The City of Vernon's RFP protest policy is attached in Appendix "C"
IX. ATTACHMENTS
A. Appendix "A" Rating Sheet
B. Appendix "B" Sample Agreement
D. Appendix "C" City of Vernon's Protest Policy
Consultant:
Evaluator: Date
Criteria (a) (b) (a) X (b)
Weight Score Weighted
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 3.0
• Demonstrated Capability on Similar
Recent Project
• Demonstrated Knowledge of the Work
• Management and Organization Capabilities
4. Project Understanding and Approach 3.0
• 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,
TOTAL 10.0
Appendix "B"
City's Standard Contract
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
COVERPAGE
[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: [insert department head]
[insert department head title]
Telephone: (323) 583-8811 ext. [insert]
Facsimile: [insert fax number]
[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. Except as provided herein
below, Contractor shall obtain and pay for all permits and licenses required by federal, state or
3
local law, rule or regulation. Costs for obtaining City licenses and permits required under this
Agreement shall be waived.
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)
0
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 hereunder.
(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;
ii. is or becomes generally known to the public without violation of
this Agreement;
5
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
0
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 worker§ 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 Professional Liability Insurance
with minimum limits of One Million Dollars ($1,000,000) on a claims made basis, to protect City
from any losses sustained through any errors or omissions committed by Contractor or
Contractor's officers, employees or agents in performing Serivices required by this Agreement.
Further, if the policy is on other than an occurrence basis, Contractor shall maintain in full force
and effect such insurance for one year after performance of work under this Agreement is
completed.
(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+; VII in the latest
edition of Best's 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 A 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 �/2 times the basic rate of pay.
Living Waaes. In addition, Contractor, or Subcontractor, if any, working
on City service contracts of any amount, as to all employees spending time on City contracts
shall observe the City's Living Wage Ordinance and all requirements thereof at all times on City
contracts. The Current Living Wage Standards are set forth in Exhibit D. Upon request,
certified payroll 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. 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 25. Assianment 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 26. 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. Notwithstanding the foregoing, the parties shall be
permitted to access the court system to enforce any arbitration award. The exclusive
jurisdiction and venue under this Agreement shall be the Superior Court of California, Los
Angeles County.
Section 27. 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 28. 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 29. 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 30. . 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 party 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 31. 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 32. 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 33. 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 34. 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
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.
10
Section 35. Headings. Headings used in this Agreement are for convenience and
ease of reference only and shall not affect the interpretation of the Agreement.
Section 36. 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 37. 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 38. 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
M
Mayor / Mayor Pro-Tem
ATTEST:
Willard G. Yamaguchi, City Clerk
APPROVED AS TO FORM:
Willard G. Yamaguchi,
Chief Deputy City Attorney
[CONTRACTOR'S NAME, a [State
incorporated in] corporation
By:
Name:
Title:
By:
Name:
Title:
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
EXHIBIT D
LIVING WAGE PROVISIONS
Minimum Living Wages:
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, 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
Appendix "C"
City of Vernon's RFP Protest Policy
CITY OF VERNON'S PROTEST POLICY
A. Protest Policy Review Process
Any prospective Proposer may request a review of the requirements under a solicitation for
a City Council -approved services Contract, as described in paragraph C, Solicitation
Requirements Review, below. Any Proposer may request a review of a disqualification or
of a proposed Contract award under such a solicitation, as described respectively in
Sections below. Additionally, any Proposer may obtain copies of proposals and City
evaluation documents in accordance with the City's Public Records request policy once the
document becomes a public record. Under any such review, it is the responsibility of the
Proposer challenging the decision of City to demonstrate that the City committed a
sufficiently material error in the solicitation process to justify invalidation of a solicitation
or a proposed Contract award as the case may be.
Throughout the review process, the City has no obligation to delay or otherwise postpone
an award of Contract based on a Proposer protest. In allxases, the City reserves the right to
make an award when it is determined to be in the best interest of the City of Vernon to do
so.
B. Grounds for Review
Unless State or Federal statutes or regulations otherwise provide, the grounds for review are
limited to the following:
Review of the Solicitation Requirements
Review of a Disqualified Bid/Proposal
Review of the Proposed Contractor Selection
C. Solicitation Requirements Review
Any person or entity may seek a Solicitation Requirements Review by submitting a written
request for review to the City as described in this Paragraph. A Request for a Solicitation
Requirements Review may be denied, in the Citys' sole discretion, if the request does not satisfy
all of the following criteria:
1. The request for a Solicitation Requirements Review is made within ten (10) business days of
the issuance of the solicitation document;
2. The request for a Solicitation Requirements Review includes documentation, which
demonstrates the underlying ability of the person or entity to submit a proposal.
3. The request for a Solicitation Requirements Review itemizes in appropriate detail, each
matter contested and factual reasons for the requested review; and
4. The request for a Solicitation Requirements Review asserts either that:
a. Application of the minimum requirements, evaluation criteria and/or business
requirements unfairly disadvantages the person or entity; or,
b. Due to unclear instructions, the process may result in the City not receiving the
best possible responses from prospective Proposers.
5. The Solicitation Requirements Review will be completed and Citys' determination will be
provided to the requesting person or entity, in writing, within a reasonable time prior to the
bid/proposal due date.
D. Place to Submit Requests for Review
All Requests for Review shall be submitted to the City Clerk.
E. Disqualification Review
1. A bid/proposal may be disqualified from consideration because the City determined it was
nonresponsive at any time during the review/evaluation process. If the City determines that
a bid/proposal is disqualified due to nonresponsiveness, the City shall notify the Proposer
in writing.
2. Upon receipt of the written determination of nonresponsiveness, the Proposer may submit
a written request for a Disqualification Review within the timeframe specified in the
written determination.
3. A request for a Disqualification Review may, in the Citys' sole discretion, be denied if the
request does not satisfy all of the following criteria:
a. The person or entity requesting a Disqualification Review is a Proposer;
The request for a Disqualification Review is submitted timely (i.e., by the date and
time specified in the written determination); and
The request for a Disqualification Review asserts that the determination of
disqualification due to bid/proposal nonresponsiveness was erroneous (e.g.,
factual errors, etc.) and provides factual support on each ground asserted as well as
copies of all documents and other material that support the assertions.
4. The Disqualification Review shall be completed and the determination shall be provided to
the requesting Proposer, in writing, prior to the conclusion of the evaluation process.
F. Debriefing Process
For solicitations where proposals are evaluated and scored in accordance to, Evaluation of
Proposals, the following provisions shall apply:
l . Upon completion of the evaluation, City will notify the remaining Proposers in writing that
the City is entering negotiations with another Proposer. Upon receipt of the letter, any
nonselected Proposer may submit a written request for a Debriefing within the timeframe
specified in the letter. A request for a Debriefing may, in the City's sole discretion, be
denied if the request is not received within the specified timeframe.
2. The purpose of the Debriefing is to compare the requesting Proposer's response to the
solicitation document with the evaluation document. The requesting Proposer shall be
debriefed only on its response. Because Contract negotiations are not yet complete,
responses from other Proposers shall not be discussed, although the City may inform the
requesting Proposer of its relative ranking.
3. During or following the Debriefing, the City will instruct the requesting Proposer of the
manner and timeframe in which the requesting Proposer must notify the City of its intent to
request a Proposed Contractor Selection Review, below, if the requesting Proposer is not
satisfied with the results of the Debriefing.
G. Proposed Contractor Selection Review
Any Proposer that has timely submitted a notice of its intent to request a Proposed Contractor
Selection Review as described in paragraph F, above, may submit a written request for a
Proposed Contractor Selection Review in the manner and timeframe as specified by the City.
For low -bid solicitations, where applicable; upon selection of the lowest -cost, responsive, and
responsible bidder, the City will notify the remaining bidders in writing that the City is entering
negotiations with another bidder. The City will instruct the remaining bidders of the manner
and timeframe in which each remaining bidder must notify the City of its intent to request a
Proposed Contractor Selection Review, should such remaining bidder desire to have such a
review performed.
A request for a Proposed Contractor Selection Review may, in the Citys' sole discretion, be
denied if the request does not satisfy all of the following criteria:
1. The person or entity requesting a Proposed Contractor Selection Review is a Proposer.
2. The request for a Proposed Contractor Selection Review is submitted timely (i.e., by the
date and time specified by the City).
I The person or entity requesting a Proposed Contractor Selection Review asserts in
appropriate detail with factual reasons one or more of the following grounds for review:
a. The City materially failed to follow procedures specified in its solicitation
document. This includes:
Failure to correctly apply the standards for reviewing the proposal format
requirements.
ii. Failure to correctly apply the standards, and/or follow the prescribed methods,
for evaluating the proposals as specified in the solicitation document.
iii. Use of evaluation criteria that were different from the evaluation criteria
disclosed in the solicitation document.
b. The City made identifiable mathematical or other errors in evaluating
bids/proposals, resulting in the Proposer receiving an incorrect score and not being
selected as the recommended Contractor.
C. For applicable solicitations where responses are evaluated and scored, a member
of the Evaluation Committee demonstrated bias in the conduct of the evaluation.
d. Another basis for review as provided by State or Federal law.
4. The request for a Proposed Contractor Selection Review sets forth sufficient detail to
demonstrate that, but for the Citys' alleged failure, the Proposer would have been the
lowest -cost, responsive, and responsible bid or the highest -scored proposal, as the case
may be. Upon completing the Proposed Contractor Selection Review, the Citys'
representative shall issue a written decision to the Proposer within a reasonable time
following receipt of the request for a Proposed Contractor Selection Review, and always
before the date the Contract award recommendation is to be heard by the City Counci I. The
written decision shall additionally instruct the Proposer of the manner and timeframe for
requesting a review by a City Review Panel, paragraph H, below.
H. City Review Panel Process
1. Any Proposer that is not satisfied with the results of the Proposed Contractor Selection
Review may submit a written request for review by a City Review Panel in the manner and
timeframe specified by the City in the Citys' written decision regarding the Proposed
Contractor Selection Review.
2. A request for review by a City Review Panel may, in the City's sole discretion, be denied if
the request does not satisfy all of the following criteria:
a. The person or entity requesting review by a City Review Panel is a Proposer.
b. The request for a review by a City Review Panel is submitted timely (i.e., by the
date and time specified by the City).
C. The person or entity requesting review by a City Review Panel has limited the
request to items raised in the Proposed Contractor Selection Review and new items
that (a) arise from the City's written decision and (b) are one of the appropriate
grounds for requesting a Proposed Contractor Selection Review as listed in
paragraph G above.
3. Upon completion of the City Review Panel's review, the Panel will forward its report to the
Director of the Departments' that solicited the proposal, which will provide a copy to the
Proposer.
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: May 3, 2012
TO: S. Kevin Wilson, Director of Co tmi y S rvices & Water
FROM: Willard Yamaguchi, City Clerk
RE: Resolution No. 2012-53 — A Resolution of the City Council of the City of Vernon
Authorizing the Issuance of a Request for Proposals for the Review of the 1-710 EIR/EIS
on Behalf of the City of Vernon
Transmitted herewith is a copy of Resolution No. 2012-53 referenced above, which was approved by City
Council on May 1, 2012.
Thank you.
WY:dj
Attachment
c: Resolution No. 2012-53
AdIkk data s3 RECEIVED
RECEIVED APR 2 3 2012
APR 23 2012 1W CITY ADMINISTRATION
CITY CLERK'S OFFICE STAFF REPORT
COMMUNITY SERVICES & WATER DEPARTMENT
DATE: April 23, 2012
TO: Honorable Mayor and City Council
FROM: Samuel Kevin Wilson, Director of Community Services & Water
RE: RFP Review of 1-710 EIR/EIS
The Community Services and Water Department is requesting approval to seek Proposals from
qualified consultants to perform a review of the I-710 ERVEIS, traffic studies and proposed geometric designs.
Although City Staff has been heavily involved with oversight of this project as it pertains to Vernon, due to the
complexity of the project it is recommended that an outside consultant be retained to assist in the review of the
project. The Los Angeles County Metropolitan District has agreed to fund this effort and is currently in the
process of preparing a Memorandum of Understanding (MOU) for this work. The anticipated budget for this
work is not to exceed $75,000. Comments are due to Caltrans 60 days after the release of the document. It is
anticipated that the EIR/EIS will be released on June. Because of the tight time frame the RFP has already been
mailed, but the project can be canceled at the City Council discretion.
A copy of the Request for Proposal to seek qualified consultants to review the ENUEIS is attached
herewith. The Department is requesting City Councils ratification of its effort to seek proposals for the subject
work.
SKW
RECEIVED `'�oF vER�oy
APR 2 3 2012
I P
CITY CLERK'S OFFICE °°�•�, r,�o�•5`
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Mark C. Whitworth, City Administrator
FROM: Samuel Kevin Wilson Director of Community Services & Water
DATE: April 23, 2012
SUBJECT: RFP Review of I-710 EHVEIS
The Community Services and Water Department is requesting approval to seek Proposals from
qualified consultants to perform a review of the I-710 EIR/EIS, traffic studies and proposed geometric designs.
Although City Staff has been heavily involved with oversight of this project as it pertains to Vernon, due to the
complexity of the project it is recommended that an outside consultant be retained to assist in the review of the
project. The Los Angeles County Metropolitan District has agreed to fund this effort and is currently in the
process of preparing a Memorandum of Understanding (MOU) for this work. The anticipated budget for this
work is not to exceed $75,000. Comments are due to Caltmns 60 days after the release of the document. It is
anticipated that the ERVEIS will be released on June. Because of the tight time frame the RFP has already been
mailed, but the project can be canceled at the City Council discretion.
A copy of the Request for Proposal to seek qualified consultants to review the EIIUEIS is attached
herewith. The Department is requesting City Councils ratification of its effort to seek proposals for the subject
work.
SKw
CITY ATTORNEY'S OFFICE
INTER -DEPARTMENT MEMORANDUM
DATE: April 23, 2012
TO: Kevin Wilson, Director of Community Services and Water
FROM: Willard G. Yamaguchi, Chief Deputy City Attorney ��ww((((JJJJ����JJJJ
VVv v
RE: Request for Proposals Review of I-710 EIR/EIS
I have received and reviewed your Memorandum dated April 23, 2012,
and the attachments thereto. The sample agreement should include
professional liability insurance. Attached is the revised sample
agreement to be attached to the request for proposals with the
required insurance language added.
Otherwise the drafted Request for Proposals is approved as to form.
WY:em