Resolution No. 2012-080RESOLUTION NO. 2012-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AUTHORIZING THE ISSUANCE OF A REQUEST FOR
PROPOSALS FOR CITYWIDE STREET SWEEPING SERVICES
WHEREAS, the City of Vernon is interested in obtaining
proposals from qualified contractors to provide frequent and regularly
scheduled sweeping services for all curb and gutter segments of all
public streets and public alleys within the City's jurisdiction; and
WHEREAS, the Director of Community Services & Water is
seeking permission for the issuance of a request for proposals for
Citywide Street Sweeping 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
directs 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 5 th day of June, 2012.
Name: William J. Davis
Title: / Mayor Pro-Te m
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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. 2012-80, 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, June 5, 2012, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this -7 day of June, 2012, at Vernon, California.
(SEAL)
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EXHIBIT A
Request for Proposals (RFP)
CITYWIDE STREET SWEEPING SERVICES
Proposal submittal Information
Place: Community Services and Water Dep artment
4305 Santa Fe Avenue
Vernon, CA 90058
Deadline: 2:00 pm
Date: Wednesday July 18,2012
City of Vernon
Community Services Department
4305 Santa Fe Ave. Vernon CA 90058
Phone: (323) 583-8811
May 15,2012
CITY OF VERNON
REQUEST FOR PROPOSAL
Prospective Contractors;
The City of Vernon (City) requests proposals for Citywide Street Sweeping Services.
Contact Information:
Questions regarding this Request for Proposal shall be directed to Kevin Wilson at (323)
583-8811 Ext. 245. Proposals are to be submitted to Samuel Kevin Wilson at the following
address:
Samuel Kevin Wilson, P.E.
Director of Community Services and Water
City of Vernon
4305 Santa Fe Ave.
Vernon, CA 90058
Proposal Closing Date:
Three (3) sets of the contractor's proposal shall be, received by the City no later than 2:00
PM, July 18, 2012. Proposals shall be submitted in a sealed package, clearly marked with:
"City of Vernon, Citywide Street Sweeping Services". Proposals will become part of the official
files of the City of Vernon and cannot be returned.
1.
This Request for Proposal (RFP) requests interested firms to submit a proposal for
Citywide Street Sweeping Services. Commencement of services will begin in October, 2012.
11. SCOPE OF SERVICES
SERVICES TO BE PROVIDED
The City is seeking a Contractor to provide frequent and regularly scheduled
sweeping services for all curb and gutter segments of all public streets and public
alleys within the City's jurisdiction. Sweeping services shall be provided through
motorized sweeping vehicles. Sweeping shall include curbs and gutters along all
streets and raised center medians islands and full width of all alleys in the City.
In addition, City seeks sweeping services prior to and after any special events, as
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well as 24-hour per day emergency sweeping services upon 2-hour telephone
notification. The curb miles to be swept are approximately 106 curb miles.
2. FREQUENCY AND QUANTITY OF SERVICE
The City desires that the Contractor provide sweeping services for the entire City
(Attachment "A" contains a city map). All streets shall be swept once per week. The street
sweeping shall be completed within the hours of 10:00 PM to 5:00 AM Sunday/Monday
thru Wednesday/Thursday, excluding City and Federal holidays. On any week in which a
holiday falls, the remaining scheduled sweeping areas shall be advanced/delayed one day. For
example, sweeping areas scheduled on Monday would move to Tuesday, and so on. Wherever
possible, Contractor shall conform to sweeping schedules currently in place at the time of award.
At the present time, the City of Vernon is separated into quadrants. The quadrants are separated
by major north/south streets, Santa Fe Avenue, Soto Street and Downey Road, with all streets in
each quadrant swept in one morning starting from west to east.
The City of Vernon requires the Contractor to utilize a Global Positioning System (GPS)
tracking system on each of its vehicles in order to demonstrate service delivery as proposed. The
tracking system shall be web -based and the Contractor shall provide the City access to the website
in order to verify service delivery, research complaints and answer resident and business
questions. The tracking system shall be able to provide the location, date, time and speed of the
street sweeping vehicle. Contractor shall provide the brand name of the tracking system to be
utilized on their equipment in the proposal.
3. CONTRACTOR TO PROVIDE
Contractor shall furnish all necessary personnel, vehicles, equipment, supplies and tools
needed in support of the scope of services, contained within this bid. Nothing in the proposal
shall require the City to provide any personnel, vehicles, equipment, supplies or tools to the
Contractor in performance of scope of work.
4. VEHICLE CONDITION
All vehicles and equipment shall be kept in a clean and well -maintained condition while
operating within the city. Contractor shall ensure that each vehicle is inspected daily for safety
related items. City shall have the right to review vehicle inspection records at any time that the
vehicle is operating within the City limits, upon verbal request of the operator of the vehicle by
City representative. Failure to maintain vehicles in a clean and safe condition or the refusal to
produce said vehicle inspections will be formally documented by the City subject to further
administrative action by the City, up to and including termination of any purchase order, contract
or agreement between the contractor and the City.
5. AIR QUALITY REQUIREMENTS
Contractor shall meet all applicable local, state and Federal air quality laws, rules and
regulations including but not limited to the South Coast Air Quality Management District Rule
1186 relating to alternative fueled sweeping equipment. All sweeping equipment shall meet all
applicable certifications for PM10 and other pollutants as promulgated by the South Coast Air
Quality Management District (SCAQMD) at the time of award. Contractors shall only provide
vehicles operating on alternative fuels such as Liquefied Natural Gas (LNG), Compressed
Natural Gas (CNG) or other fuels according to the regulations of the SCAQMD.
Contractor shall provide a list of the make, model and year of each sweeper to be
assigned to this contract in the proposal.
6. NPDES REQUIREMENTS
Contractor shall meet all applicable local, state and Federal clean water laws, rules and
regulations including but not limited to all conditions set forth in the Los Angeles County
National Pollution Discharge Elimination System Permit as it relates to street sweeping
practices, and all Best Management Practices set forth by the City in compliance with NPDES
requirements. Contractor shall not discharge. any water containing trash, debris, pollutants, fuels,
oils, soaps or other non -allowable constituents from its sweeping vehicles upon any city street, to
any storm drain or any non -permitted outlet. As part of its submission, contractor shall describe
its methods for preventing NPDES violations during sweeping operations within the City. In
addition, Contractor shall comply with all NPDES requirements at its maintenance facilities,
storage yards and company facilities. Failure to comply with this section may result in
termination for cause by the City of any contract resulting from this solicitation.
COURTEOUS OPERATION
Contractor shall perform sweeping operations in a manner that causes a minimum
inconvenience to the residents and businesses within the city. The Contractor shall ensure that
sweeper operators conduct their activities in a professional and courteous manner. Contractor
shall formally investigate any complaints received by the City in a prompt and expedient
manner, and shall provide a written report to the City regarding the resolution of said complaint
within seven business days from the date the complaint is forwarded to Contractor. Contractor
shall ensure that equipment and vehicles do not create unnecessary noise or dust during routine
operations.
%. COMPLIANCE WITH WASTE DIVERSION AND RECYCLING
Contractor shall be responsible for the collection, hauling and disposal of all materials co
lected during the course of the daily sweeping. The City is under State Mandate to comply with
waste diversion requirements that require the city to divert 50% of the waste stream from
landfilling. As part of their response to this request for bid, the Contractor shall describe their
proposed collection, hauling and disposal activities, including identifying proposed waste
disposal facilities receiving collected debris and materials. In addition, Contractor shall describe
in detail the waste diversion and recycling activities Contractor shall undertake to ensure that
50% of the materials and debris collected during the course of sweeping operations shall be
diverted from landfilling or recycled. Contractor shall identify any diversion or recycling
facilities proposed for receiving said materials. Contractor shall prepare and submit a report
documenting tonnage delivered to each facility and copies of weight tickets for each load.
Re�iorts shall be submitted for each calendar quarter and shall be provided to the City by the
20` of the month following the end of the calendar quarter.
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9. ACCIDENTS REPORTS
Contractor shall provide a copy of any and all accidents involving Contractor's vehicles,
personnel and equipment while operating within the City, to the City within seven days from the
date of the accident. Said report shall include the date and time of the accident, and a copy of any
law enforcement reports resulting from the accident.
Contractor shall provide the name and contact information of Contractor's safety officer,
including cell. phone for emergency contact.
10. QUALITY OF WORK
Contractor shall provide sufficient vehicles, equipment and staff to accomplish a high
level of quality of sweeping services to.the City. Contractor shall operate sweeping equipment in
such a manner that it shall meet the design specifications of the equipment and shall do a
thorough and complete job of removing debris and dirt from the city streets. The City shall
periodically and randomly inspect sweeping services to determine level of quality. For purposes
of inspection, the level of quality shall include the following:
a. 95% removal of any trash, litter, leaves or light foreign objects 2-inches or greater in
diameter from along the curb line and the entire width of the sweeper path;
b. 90% removal of all dirt, fines and light objects less than 2-inches in diameter along
the curb line and the entire width of the sweeper path.
City shall notify Contractor of any deficiencies upon discovery, and Contractor shall have
24-hours to re -sweep the area. Failure to consistently maintain quality of work levels may result
in termination of any contract resulting from this solicitation.
11. OPTIONAL SERVICES
Additional sweeping after special events and emergency street sweeping will be
contracted by the City on an as needed basis.
12. TERM OF AGREEMENT
The City anticipates a one-year fixed -price contract for the basic sweeping services billed
monthly. Due to the desire for a fixed price contract for sweeping services, Contractor is
strongly encouraged to review and project external operating costs such as insurance, fuel,
disposal fees and other costs outside of contractor's control and to prepare their proposal
accordingly. The City of Vernon will reserve the option to extend the contract on a year to
year basis at an increase in costs of three quarters of the Consumer Price Index for Los
Angeles.
13. RECORDING OF DEBRIS COLLECTED
Contractor's motor sweeper operator shall be required to record daily sweeping of streets
and record them. Items to be recorded consist of:
a. Streets swept, date of sweeping
b. Operator's name
C. Type of sweeper, sweeper number
d. Mileage of each street
e. Amount of debris collected per area
14. SPECIAL STREET SWEEPING
Occasional sweeping required by Contractor to include add -on scheduled and non-
scheduled street sweeping of special events, spills, and unusual conditions or any other sweeping
requested by the City not included in routine/scheduled sweeping. Billing for special sweeps is
based on an hourly rate with travel time included as per bid item and no additional compensation
will be allowed. Street sweeper shall temporarily postpone scheduled sweep and respond to
special sweep locations once contact has been made to contractor's office or field personnel by
City staff. Scheduled sweep will resume once special sweep has been completed so as location
may be inspected and verified for cleanliness. Special sweeps are to be completed during an
agreed upon time.
15. EMERGENCY SWEEPS
Occasional sweeping required by contractor to include non -hazardous spills, accident
cleanups and unusual conditions which would require after -hour, weekend and holiday
responses. Response to emergency sweeps shall be within two (2) hours of notifications by
the City. Contractor shall provide City with name and phone number of contact person for after -
hour sweeps.
16. RE -SWEEPS
Re -sweeps are those required by the Contractor when, after inspection by the City, are
deemed not to meet the stated performance standards, or when a street or section has been
missed during the regularly scheduled street sweeping. Re -sweeps are completed at the expense
of the Contractor.
Responses to re -sweeps shall be within twenty -fours (24) after being notified by the City
representative and are to be completed at the expense of the Contractor. High profile re -sweeps
will be completed prior to 3:30 p.m. the same day contractor was notified by City representative,
when applicable.
Arterial and parking lot re -sweeps will be completed prior to 5:00 a.m. the following day
after contact by City representative and are to be completed at the expense of the Contractor.
High profile arterial re -sweeps will be completed prior to 3:30 p.m. the same day the Contractor
was notified by City representative, when applicable.
Contractor shall notify City representative when re -sweeps are completed so City staff
may inspect and verify work.
III. INSTRUCTIONS AND CONDITIONS
The following instructions and conditions apply to this Request for Proposal:
A. General Conditions
1. Right to Reject Proposals
Issuance of this RFP and receipt of proposals does not commit the City to award a
contract. The City reserves the right to reject any or all proposals, to accept any
proposal or portion thereof, to waive any irregularity, and to take the proposals
under advisement for the period of time stated in the "Notice Inviting Proposals",
all as may be required to provide for the best interests of the City of Vernon. In no
event will an award be made until all necessary investigations are made as to the
responsibility and qualifications of the proposer to whom the award is
contemplated.
No proposer may withdraw his proposal for a period of ninety (90) days after the
time set for opening thereof.
2. Proposal Evaluation Criteria
Proposals will be evaluated on the basis of their response to all provisions of this
RFP. The City of Vernon may use some or all of the following criteria in its
evaluation and comparison of proposals submitted. The criteria listed are not
necessarily an all-inclusive list. The order in which they appear is not intended to
indicate their relative importance (Scoring Sheet -Attachment "D"):
a. Previous experience and demonstration of a record of success on work
previously performed for the City or similar work performed for others.
b. Experience and background of project lead and staff to perform work within
the specified time.
c. Unit prices for the work
d. Ability to work effectively with City staff, other public agencies and related
parties as directed during the course of the services.
e. Previous history of completing projects within budget and design estimates
and ability to furnish adequate and effective construction supervision.
3. Interpretation of Proposals and Documents
If any person contemplates submission of the proposal for the proposed contract
and is in doubt as to the true meaning of any part of the scope of services, or other
proposed contract documents, or finds discrepancies in, or omissions from the
proposal, he/she may submit to the Community Services and Water Department a
written request for an interpretation or correction thereof. The person submitting
the request will be responsible for its prompt delivery. Any interpretation or
correction of the proposed documents shall be made only by addendum duly
issued and copy of such addendum will be mailed or delivered to each person
receiving a set of such documents. The Community Services and Water
Department will not be responsible for any other explanation or interpretation of
the proposed documents.
B. Proposal Format and Content
Proposals shall be typed and, submitted on 8.5" x 11" size paper, using a simple
method of fastening. Proposal shall not include any unnecessary, elaborate or
promotional material. Excessive lengthy narrative is discouraged; presentation shall
be clear and concise.
1. Background and Approach
The Background and Approach Section should describe your understanding of the
City, the work to be done, and the objectives to be accomplished.
2. Methodology(ies)
This section should clearly describe the methodology or methodologies to be used to
carry out the specific work tasks described in the Work Plan.
3. Work Plan
Describe the sequential work tasks planned to cant' out in accomplishing this project.
Indicate all key deliverables and their contents.
4. Related Experience
Describe recent, directly related experience. Include on each listing the name of the
client; description of the work done; primary client contact, address and telephone
number; dates for the project; name of the Project Director and/or Manager and
members of the proposed project team who worked on the project, as well as their
respective responsibilities. At least five references should be included. The City of
Vernon reserves the right to contact any of the organizations or individuals listed.
5. Cost Data
Indicate the unit and total costs for which you will conduct the project in the Bid
Sheet contained in Attachment "B". The City of Vernon requires compliance with
the State of California's Prevailing Wage requirements. Upon request, certified
payroll shall be provided to the City.
6. Other Information
Include any other information you consider to be relevant to the proposal.
IV. INSURANCE COVERAGE
As part of the proposal, the Firm shall submit a statement verifying the Firm's ability and
commitment to obtain all the necessary insurance requirements. The selected Firm submit
the insurance requirements specified below and secure approval by the City. Failure to provide
the insurance requirements will be grounds for rejection of the Firm. Insurance requirements
are provided in the Sample Agreement contained in Attachment "C".
Minimum Insurance Documents Required:
1. Compliance with the insurance schedule
2. Certificate of Insurance from the consultant's insurance agent
3. Copy of the Declaration Page of the insurance policy
4. Originals of Endorsements
5. Schedule of Forms and Endorsements
V. ADDENDA, CHANGES, AND AMMENDMENTS 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.
VI. 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
(Attachment "C'). 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.
VII. 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.
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I
I MWE'all
ATTACHMENT "B"
BID SHEET
FEE DIFORMATION:
Total Fee each month for all work:
Hourly fee schedule for special events:
Hourly Fee for Emergency Sweeps:
Contractor Name
Signature
ATTACHMENT "C"
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: [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,
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
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)
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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;
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 require each of its sub -consultants or sub -contractors to
maintain insurance coverage that meets all of the requirements of this Agreement.
(f) 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 Best's Insurance Guide.
(g) 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.
(h) 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.
(i) 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.
0) 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'/ times the basic rate of pay.
Living Wages. 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 N. 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. 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 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 maybe 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 Pape 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.
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.
10
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]
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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 [CONTRACTOR'S NAME, a [State
and California municipal corporation incorporated in] corporation
By: By:
Mayor / Mayor Pro-Tem Name:
Title:
ATTEST:
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
EXHIBIT D
LIVING WAGE PROVISIONS
Minimum Livina Waaes:
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
ATTACHMENT "D"
City of Vernon Contractor REP Scoring Sheet
RFP Title: CITYWIDE STREET SWEEPING SERVICES
Contractor:
Evaluator:
1. Costs
Date: XX/XX/2012
Selection Criteria
Criteria
Score shall be calculated by taking the lowest contractors annual
or project price and dividing by the subject contractor's price then
multiplying the result by the maximum score.
2. References
Three references shall be checked. Contractor shall receive a
maximum of 10/3 of a point for each reference. Points may be
deducted for contracts that have been terminated and for references
that fail to support contractors claim of capabilities, production, or
skilled personnel or services. A significant unacceptable weakness
may result in a zero score. A zero score in this category may result in
rejection of the proposal as nonresponsive.
Maximum Score Score
65
10
3. Experience 10
Proposers or its managing employees must have a minimum of three
years experience. Failure to demonstrate minimum lengths of
experience may result in rejection of the proposal. Higher points will
be given to contractors who have provided like services to similar
agencies, other considerations include experience and capabilities of
key personnel, and subcontractors, if any.
4. Work Plan 15
Score will be based on the extent in which the contractor demonstrates
its likeliness to meet or exceed performance requirements set forth in
the scope of work, including ability to render timely and responsive
work, to respond to emergencies, and to provide a professional level
of quality in the service and work product provided. Highest scores will
be awarded to the most detailed and comprehensive work plans, including
but not limited to specific discussion of relevant work, staffing plans,
quality assurance plans, schedules, management, subcontracting, training,
and communications.
Total 100
ATTACHMENT "E"
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.
2. Throughout the review process, the City has no obligation to delay or otherwise
postpone an award of Contract based on a Proposer protest. In all cases, 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 City's' 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. .
ATTACHMENT "E"
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;
b.. The request for a Disqualification Review is submitted timely (i.e., by the
date and time specified in the written determination); and
C. 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.
ATTACHMENT "E"
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:
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 nonelected 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 dewed 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:
ATTACHMENT "E"
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).
3. 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:
i. 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 beard by the City Council. 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.
ATTACHMENT "E"
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.
I 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: June 7, 2012
TO: S. Kevin Wilson, Director of Community Services & Water
FROM: Willard Yamaguchi, City Clerk
RE: Resolution No. 2012-80 — A Resolution of the City Council of the City of Vernon
Authorizing the Issuance of a Request for Proposals for Citywide Street Sweeping Services
Transmitted herewith is a copy of Resolution No. 2012-80 referenced above, which was approved by City
Council on June 5, 2012.
Thank you.
WY:dj
Attachment
c: Vince Rodriguez
Resolution No. 2012-80
RECEIVED
MAY 3 0 2012
CITY CLERK'S OFFICE
STAFF REPORT
RECEIVED
MAY 3 0 2012
CITY ADM IN ISTRATI O N
COMMUNITY SERVICES & WATER DEPARTMENT
DATE: May 29, 2012 V,
TO: Honorable Mayor and
��City Council
FROM: Samuel Kevin Wilson;`Director of Community Services & Water
RE: Citywide Street Sweeping Services — Request For Proposal (RFP)
The City's current contract with Nationwide Environmental Services (Nationwide) will
expire on October 1, 2012. Nationwide performs street sweeping services once per week and
includes all curbs and gutters of each street as well as the medians and alleys. City Staff is
requesting authorization to seek proposals for the subject work.
The City Engineering Department is seeking a Contractor to provide frequent and
regularly scheduled sweeping services for all curb and gutter segments of all public streets and
public alleys within the City's jurisdiction. Sweeping services shall be provided through
motorized sweeping vehicles. Sweeping shall include curbs and gutters along all streets and
raised center median islands and full width of all alleys in the City. In addition, the City seeks
sweeping services prior to and after any special events, as well as 24-hour emergency sweeping
services upon a two (2) hour telephone notification.
Attached herewith is a request for proposal for the subject work. City Staff requests City
Council authorization to seek proposals for the street sweeping services work.
SKW/vr
Enclosure
RECEIVE®
of v¢R
MAY 3 0 2012 �O,
CITY CLERK'S OFFICE
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COMMUNITY SERVICES &WATER DEPARTMENT
OFFICE MEMORANDUM
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TO: Mark Whitworth, City Administrator
FROM: Samuel Kevin Wilsonkrector of Community Services & Water
DATE: May 29, 2012
SUBJECT: Citywide Street Sweeping Services — Request For Proposal (RFP)
The City's current contract with Nationwide Environmental Services (Nationwide) will expire
on October 1, 2012. Nationwide performs street sweeping services once per week and includes all
curbs and gutters of each street as well as the medians and alleys. City Staff is requesting authorization
to seek proposals for the subject work.
The City Engineering Department is seeking a Contractor to provide frequent and regularly
scheduled sweeping services for all curb and gutter segments of all public streets and public alleys
within the City's jurisdiction. Sweeping services shall be provided through motorized sweeping
vehicles. Sweeping shall include curbs and gutters along all streets and raised center median islands
and full width of all alleys in the City. In addition, the City seeks sweeping services prior to and after
any special events, as well as 24-hour emergency sweeping services upon a two (2) hour telephone
notification.
Attached herewith is a request for proposal for the subject work. City Staff requests City
Council authorization to seek proposals for the street sweeping services work.
SKW/vr
Enclosures