Resolution No. 2012-083RESOLUTION NO. 2012-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AUTHORIZING THE ISSUANCE OF A REQUEST FOR
PROPOSALS FOR GROUNDS MAINTENANCE SERVICES FOR CITY
HALL AND RELATED FACILITIES
WHEREAS, the City of Vernon is interested in obtaining
proposals from qualified contractors to perform grounds maintenance
services at City Hall, Fire Station No. 2, Light & Power, Petrelli
Building, Public Works.Yard, and 50th Street Apartments; and
WHEREAS, the Director of Community Services & Water is
seeking permission for the issuance of a request for proposals for
grounds maintenance services at City Hall, Fire Station No. 2, Light &
Power, Petrelli Building, Public Works Yard, and 50th Street Apartments
(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 5th day of June, 2012.
illiam J. Davis
Name:
Title: Lfa rr / Mayor Pro-Tem
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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. 2012-83, 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 2 day of June, 2�42, at Vernon, Californ�i_a .
(SEAL)
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ty Clerk
EXHIBIT A
City of Vernon
Request for Proposals (RFP)
For Grounds Maintenance Services
OF7000-�-
y
TA
City of Vernon
Community Services Department.
4305 Santa Fe Avenue, Vernon Ca 90058
Phone: (323) 583-8811
May 2012
I. INTRODUCTION AND PROJECT
The City of Vernon is seeking proposals and statements of qualifications from qualified
contractors to provide Grounds Maintenance Services to the City of Vernon.
Il. PROPOSAL PREPARATION AND SUBMISSION
The proposal shall include, at minimum, the following items:
1. Title Page
The title page shall show the Proposer's name, title of the service requested, local
address, telephone number, and date of submittal.
2. Table of Contents.
A comprehensive table of contents shall list all materials included in the Proposal.
3. Letter of Transmittal
A person legally authorized to enter into contracts for the Proposer shall sign the Letter of
Transmittal. The letter must include a brief statement of the Proposer's understanding of
the work to be accomplished and a list of names of individuals authorized to make
representations for the Proposer, their titles, addresses, and telephone numbers.
4. Experience
Proposer's capabilities and experience shall be described in detail in order to provide for
meaningful evaluation and assessment. The narrative should:discuss each of the following
subject areas:
• Background;
• Organization (provide a chart or outline of the firm's organizational structure showing
the roles of all personnel involved with this contract, if awarded, identifying each by
name/position); and
• On a separate subheading provide a Staffing Plan listing specific information regarding
the length and quality of experience performing janitorial services for a public agency.
Work Plan
Describe in detail how the service will be performed to meet and exceed the requirements
reflected in the Scope of Work. Prepare and include a Staffing Plan that .specifically
describes the number of staff who will be committed to the project and their qualifications.
If possible, list them by name. Describe and include the schedules, procedures, techniques,
and methods that will be employed in meeting the objectives outlined in the Scope of
Work. These may include personnel management, training, subcontracting, emergency and
contingency planning, recruitment and replacement, supervision, supplies, equipment,
uniforms, identification badges, safety, communications, and quality control.
6. Quality Assurance Program
Describe Proposer's Quality Assurance Program (Program) that will be utilized by the
Proposer as a self -monitoring tool to ensure that these services are performed in
accordance with the City contract requirements. The Program must ensure service
deliveries outlined in the Scope of Work, are completed in a timely fashion, the services
will be free of defects, and how those results will be achieved. The Program must
comprehensively address the Proposer's organization process for consistently delivering
results.
The Proposer's Staffing Plan must include a qualified inspector to monitor compliance
with the Program. At minimum, the Program shall address the following in detail:
• Policies and Procedures — Quality control procedures for the Proposer, subcontractors,
if any, and suppliers must be described. if a subcontractor is to perform work, the
Program must detail how that subcontractors will interface with the Proposer and how
the Proposer will ensure that he subcontractor complies with the Program;
Inspection Fundamentals — The Proposer shall provide samples of forms that outline
required operations and quality levels. The Proposal must indicate the Proposer's
inspection schedules, a methodology to correct deficiencies, level of supervision, and
how the inspections are to be performed. The Proposal shall document the name,
authority, relevant experience, and: qualifications of the person with overall
responsibility for the inspections system; and
• Quality Control Documentation, Review and Reporting —The Program shall describe
and list the records to be maintained. The Program shall detail how the Proposer will
maintain inspection records and make them available to the City.
Professional Fees
The Proposer shall complete the Bidding Schedule set .forth in Attachment B. The Bidding
Schedule shall be in a separate sealed envelope, marked Professional Fees.
III. PROPOSAL SELECTION
The City reserves the right to accept or reject any and/or all Proposals, to waive irregularities and
technicalities, and to request resubmission. There is no obligation on the part of the City to award the
contract to the lowest bidder. The City reserves the right to award the contract to the most qualified
bidder submitting a responsive Proposal with a resulting negotiated agreement which is most
advantageous and in the best interests of the City. The Proposer must be able to comply with. the
City's Living Wage Provisions set forth in Attachment A. The Bidding Schedule is set forth in
Attachment B. As part of the selection process, the City utilizes a Scoring Sheet to rate Proposals; set
forth in Attachment D. The Proposals will receive a score (rating) and be ranked from high to low on
the following criteria:
Cost (65 points)
The score shall be calculated by taking the lowest contractor's annual or projected price
and dividing by the subject contractor's price than multiplying the results by the maximum
score.
2. References (10 points)
Three references shall be checked. The 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 that have been terminated and for
references that fail to support a 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.
3. Experience (10 points)
Proposers or its managing employees must have a minimum of three years experience.
Failure to demonstrate minimum lengths of experience may results 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 points)
The 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. The 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.
IV. 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 included for reference in
Attachment A. Please review this very carefully and note in body of response any exceptions
or alterations to the agreement. Alterations or Changes to the agreement which were not in
the Proposers response will not be made after the selection of the contractor. 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.
V. JOB WALK
A Job Walk will be held on Tuesday, June 12, 2012 at 10:00 AM. Please contact Scott Rigg for
further details.
VI. PROPOSAL SUBMITTAL
The Proposal and fees shall be submitted to Samuel Kevin Wilson; Director of Community Services,
4305 Santa Fe Avenue, Vernon, CA 90058, no later than Tuesday, June 19, 2012. The contractor
shall submit four (4) copies of the subject proposal and fee schedule. The fee schedule shall be
submitted in a separate sealed envelope.
VII. SCOPE OF WORK
(See photographs set forth in Attachment C to RFP package depicting work locations)
1. Litter Control:
A. Weekly: (City Hall, Petrelli Building & Fire Station No. 2)
1. Perform comprehensive evaluation of grounds to ensure they are kept litter free. Any removed
litter shall be disposed of in a designated disposal area.
B. Weekly: (Light & Power & 50`h Street Apartments)
1. Perform comprehensive evaluation of grounds to ensure they are kept litter free. Any removed
litter shall be disposed of in a designated disposal area.
2. Lawn Carer
A. Weekly: (City Hall & Light & Power)
1. Lawns shall be maintained in accordance with the best practices of the. trade and horticultural
procedures. As such, the lawns shall be kept weed free and be fertilized as needed.
3. General LandscauinQ Maintenance:
A. Weekly: (City Hall & Fire Station No. 2)
1. Perform General Landscaping Maintenance including trimming, weeding, fertilization, planting,
herbicide application, and irrigation maintenance.
B. Weekly: (Public Works Yard, Light & Power, Petrelli Building, and 501h Street .
Apartments)
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I. Perform General Landscaping Maintenance including trimming, weeding, fertilization, planting,
herbicide application, and irrigation maintenance.
4. Seasonal Flower Planting:
A. Three Times Annually: (City Hall Monument Planter)
1. Perform Seasonal Flower. Planting three times annually. The variety of flower to be planted shall
be determined by the City of Vernon.
VIII. GENERAL REOUIRMENTS
1) City staff shall not be required to inform contractor when to perform as needed
maintenance/cleaning; the contractor is expected to anticipate the need and, if
within the scope of the Agreement, perform the required services.
2) The contractor shall provide a .call out list with regularly updated telephone numbers
to handle emergency or unusual grounds maintenance services.
3) The contractor shall provide a list of all employees and their supervisors who may
work upon the City's premises.
4) A periodic meeting to review service performance will be conducted at the request of
the City. Attendees shall include the City's Public Works & Water Superintendent, a
representative of the contractor, and City Foreman or his designee.
5) Licenses and Permits:
The contractor shall maintain a C27 California Landscape Contractor's license,. and
will comply with all other license and permit requirements of the City, State and
Federal Governments, as well as other requirements of the law.
6) Sign -in Requirement:
A log sheet shall be provided by the City. All employees assigned by the contractor
to work in each facility shall sign in at the beginning of the work shift and upon
leaving that facility.
7) Supervision and Inspection:
It is mandatory that the contractor have a supervisor on duty 7 days a. week. The
contractor shall provide to the City a designated cell -phone number for general and
emergency correspondence.
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8) Uniforms:
The contractor shall provide appropriate work uniforms for all personnel. Uniforms
shall be worn at all times while performing work in City facilities. The name of the
company must appear on the front of each uniform. Each employee shall have a
picture identification nametag with company name pinned on front of uniform at all
times.
9) General Work Provisions:
• The contractor shall be required to assign a designated English-speaking supervisor .
as project supervisor; and
• The contractor shall provide an annual maintenance schedule outlining specific
tasks to be performed.
10) Equipment and Supplies:
All equipment and supplies necessary to perform the requested services, including but
not limited to tractors, lawn mowers, edgers, trucks, seed mulch, fertilizers,
pesticides, and replacement plant materials. All supplies will be of a name brand and
not privately labeled.
11) Reasonable Time Frames are defined as follows:
• Emergency service notification must be responded to within two hours;
Areas impacted and affected by health and safety issues shall be barricaded, to
inform the public and City personnel of potential dangers in that area; and
All other issues will receive written notification ("Punch List") giving two (2)
working days for completion. If the deficiency is not corrected within the required
two-day period, any item that has not been corrected may be completed by the
City or by other contractual services and actual costs will be charged to the
contractor without farther notification.
12) General Conditions:
• All damages that, in the City's opinion, are due to the contractor's operation shall
be repaired at the contractor's expense;
• The contractor shall meet standards of local, state, and federal requirements
including safety regulations for equipment. All personnel shall be equipped with
proper Personal Protective Equipment;
• It shall be the contractor's responsibility to inspect and identify any practices and
conditions that render any portion of the maintained areas unsafe;
• If any person employed by the contractor, or any subcontractor, fails or refuses to
carry out the directions of City management or, in the City's opinion, is
incompetent, disorderly, or uses threatening or abusive language to any person on
the work site, that employee or subcontractor shall be discharged from the project
immediately; and
• The contractor warrants that in the performance of this Agreement, it shall
comply with all Federal, State and local laws and ordinances.
IX. SPECIFICATIONS FOR STANDARD WORK PRACTICES
1) Mowing:
The contractor shall, prior to mowing, thoroughly clean their mowing equipment to
ensure seeds from different species of grass do not contaminate the City's lawns.
Lawns shall be mowed at a height between 2" and 3". The contractor shall adjust
lawn mowing height if requested by the. City of Vernon Grounds Maintenance
Foreman. Trash and debris, if present, shall be removed and disposed of prior to
mowing. All rotary mowing equipment will have .the blades replaced with
sharpened blades on a weekly basis, so as not to tear the grass.
2) Trimming:
The contractor shall be responsible at every mowing for trimming around trees,
sign posts, near buildings, and any other part of the lawn area where lawn mowers
may not be able to reach during mowing. Trimmed areas shall be at the same level
as the mowing level of the lawn. Care will be taken to avoid damaging trees,
shrubs, buildings, and objects.
3) Shrub and Bed Maintenance:
• All small ornamental trees shall be pruned to remove dead, diseased, and
miss -shaped limbs. All limbs that are removed shall be done so in accordance
with the best practices of the trade and horticultural procedures; and
• Small flowering and multi-trunked tress shall be pruned in accordance with the
,standards for the particular species.
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4) Tree Care:
• The contractor shall remove dead limbs and branches from all trees on an as
needed basis. Any branch perceived as a safety issue will be removed
immediately. All cuts shall be in accordance with trade standards and
horticultural procedures;
• The contractor shall immediately prune trees obstructing pedestrian or
automobile traffic. If the tree in question cannot be maintained in an acceptable
aesthetic manner, the contractor shall recommend removal to the Grounds
Maintenance Forman. The contractor shall not perform any tree removals until
such time that he/she receives written approval from the Grounds Maintenance
Forman; and
• The contractor shall prune all trees on an annual basis, per horticultural
acceptable standards, in order to maintain the aesthetic properties of the specific
tree species.
5) Weed Control:
• All shrubs and groundcover beds shall be kept weed and liter free;
• Broadleaf weeds shall be removed by hand and/or by application of a
non -selective herbicide;
• Weeds growing in sidewalks, curbs, gutters, medians, and parking areas shall
be removed continuously during the term of this agreement; and
• Pre -emergent shall be added to all shrubs and groundcover beds. This
application shall be done on an as needed basis, which shall be determined by
the Grounds Maintenance Forman, or his designee.
6) Irrigation ion System Maintenance:
7)
• The contractor shall perform an audit to ensure adequate irrigation coverage is
achieved; clocks, valves, and sprinkler heads are functioning as designed; and
• The contractor shall check irrigation facilities for leaks and repair as necessary.
Ongoing Irrigation System Maintenance:
The contractor shall adjust heads, clean nozzles and valves, monitor all parts.and
irrigation schedules to make sure the system is operating.correctly and efficiently.
The City of Vernon Grounds Maintenance Foreman, or his designee will ensure
that the irrigation system is functional at the start of this agreement
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X. 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.
XI. CONDITIONS FOR RESPONSES TO RFP
Tfie following conditions apply to this RFP process:
1) Nothing contained in this RFP shall create any -contractual relationship between the
respondent and the City.
2) 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.
3) The City shall not be liable for any expenses incurred by any organization in
connection with this RFP.
4) 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
materials, provided by any person other than, designated contact staff of City shall
not be considered binding.
5) 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.
6) 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.
7) Respondents shall not issue any news release pertaining to this RFP, or the City
without prior written approval of the City.
8) All submitted proposals and information included therein or attached thereto shall
become public record upon delivery to the Community Services Department.
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XIII. LIVING WAGE ORDINANCE
The selected contractor shall pay qualifying employees a wage of no less than $10.30 per
hour with health benefits, or $11.55 per hour without health benefits. Employers shall also
provide qualifying employees at least twelve compensated days off per year for sick leave,
vacation, or personnel necessity, and an additional ten days a year of uncompensated time
for sick leave. In addition, the employer shall not retaliate against employees complaining
to the City with regard to consultant's compliance with the Living Wage Ordinance.
Employees may bring action in Superior Court against an employer for back pay, treble
damages for willful violations, and attorney's fees, or to compel City officials to terminate
the service contract of violating employers.
XIV. 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.
XV.
XVI. ATTACHMENTS
1. Attachment A: Sample Services Agreement
2. Attachment B: Proposed Bidding Schedule
3. Attachment C: Site Photographs
4. Attachment D: City of Vernon Contractor RFP Scoring Sheet
5. Attachment E: City of Vernon Protest Policy
ATTACHMENT A
SAMPLE SERVICES AGREEMENT
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,
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
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 compensationor 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. this Agreement; is or becomes generally known to the public without violation of
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 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 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 takeout 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.
(j) 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 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 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 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. Anydispute, 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 deemedwaiver 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 hot 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.
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].
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
0
Mayor! Mayor Pro-Tem
ATTEST:
[CONTRACTOR'S NAME, a [State
incorporated in] corporation
By:
Name:
Title:
By:
Name:
Willard G. Yamaguchi, City Clerk Title:
APPROVED AS TO FORM:
Willard G. Yamaguchi,
Chief Deputy City Attorney
12
EXHIBIT A
SCOPE OF SERVICES
13
EXHIBIT B.
FEES
[Example (Delete and replace actual terms)]
[Contractor shall be paid $[insert flat amount] to perform all Services described in Exhibit A.]
[Contractor shall invoice City [FREQUENCY] for Services provided under this Agreement.]
[Example (Delete and replace with actual terms)]
[Invoices shall include the period for which Services were provided, the dates of such Services,
and a description of the Services provided for that billing period.. Each invoice shall include
copies of timesheets and other supporting documents as City may require.]
[Payments of each invoice shall be made by City within thirty (30) days following receipt of each
invoice as to all non -disputed fees. If City disputes any of Contractor's fees, it shall give written
notice to Contractor within thirty (30) days of receipt of the disputed invoices. Any amounts in
dispute shall be withheld until resolution.]
14
EXHIBIT C
CHANGE ORDER
15
Exhibit C
CITY OF VERNON
COMMUNITY SERVICES & WATER DEPARTMENT
CONTRACT CHANGE ORDER NO.
PROJECT:
TO:
REQUESTED BY:
SUPPLEMENT NO. SHEET OF SHEETS
of Vernon
P.O. NO.
CONTRACTOR
You are hereby directed to make the herein described changes to the plans and specifications or do the following described work
not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and
conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally
included in the nnntrant -
Contract. Amount Base Bid) ................................................
$
Amount of This Change OrderI .................:.......................:.:.
$
Amount of Previous Change Orders :.............
$
Total Chan e OrdersI ..............................................:.......
$
Modified Contract Amount ................................ ..
...................
$
By reason of this change order the time of
com letion will be adjusted as follows:
Approved: Date:
Director of Community Services & Water
Attest: Date:
Manuela Giron, City Clerk
We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all
labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above
will accept as full payment therefore the prices shown above.
specified, and
Accepted Date: Contractor:
By. Title:
c: Prniect File/CnntracYnr/Dnrn6neinn ,.
Rev. 06/08
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 IVing 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.
17
ATTACHMENT B
BIDDING SCHEDULE
CITY OF VERNON
CITY HALL AND RELATED FACILITIES
FACILITY
-
MONTHLY COST
Ci Hall
Fire Station -No. 2
Petrelli Building
Public Works Yard
50th Street Apartments
Light & Power
TOTAL COST PER MONTH
In addition to the Bidding Schedule, the contractor shall provide a rate schedule for labor and equipment
and provide mark-up rates for materials.
All repair work shall be performed on a time and materials basis; in accordance with the rate schedule
provided by the contractor; or as a negotiated lump sum cost. The City reserves the right to separately bid
the repair, or replacement work.
ATTACHMENT C
SITE PHOTOGRAPHS
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City of Vernon
Grounds Maintenance Services
General Area Map & Pictures For
501h Street Apartments
2
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ATTACHMENT D.
CITY OF VERNON CONTRACTOR RFP SCORING SHEET
RFP Title:
Contractor:
Evaluator:
Criteria
Selection Criteria
Date:
(a) (b)
Maximum Score Score
1. Costs
65
Score shall be calculated by taking the lowest contractors annual
or project price and dividing by the subject contractor's price than
.multiplying the result by the maximum score.
2. References 10
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.
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; and
• 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 fora 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.
The request for a Solicitation Requirements Review itemizes in appropriate detail, each
matter contested and factual reasons for the requested review.
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 City's 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
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 non -responsiveness, the City shall
notify the Proposer in writing.
2. Upon receipt of the written determination of non -responsiveness, 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 City's 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).
c. The request for a Disqualification Review asserts that the determination of
disqualification due to bid/proposal non -responsiveness 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:
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 non -selected 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 City's 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).
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 City's 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 City's 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 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.
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 City's 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.
ATTACHMENT E
CITY OF VERNON'S PROTEST POLICY
A. Protest Policy Review Process
I. 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; and
• 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:
I. 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 inappropriate detail, each
matter contested and factual reasons for the requested review.
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 City's 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 non -responsiveness, the City shall
notify the Proposer in writing.
2. Upon receipt of the written determination of non -responsiveness, the Proposer may
submit a written request for a Disqualification Review within the timeframe specified in
the written determination.
I A request for a Disqualification Review 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 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).
c. The request for a Disqualification Review asserts that the determination of
disqualification due to bid/proposal non -responsiveness 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:
1. 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 non -selected 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 City's 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).
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:
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 City's 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 City's 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 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.
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 City's 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
11
d
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.
5
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: June 7, 2012
TO: S. Kevin Wilson, Director of Community Services & Water
FROM: Willard Yamaguchi, City Clerk V116
RE: Resolution No. 2012-83 — A Resolution of the City Council of the City of Vernon
Authorizing the Issuance of a Request for Proposals for Grounds Maintenance Services for
City Hall and Related Facilities
Transmitted herewith is a copy of Resolution No. 2012-83 referenced above, which was approved by City
Council on June 5, 2012.
Thank you.
m,
Attachment
c: Scott Rigg
Resolution No. 2012-83
RECEIVED
DECEIVED MAY 10 2012
MAY 14 2012 CITY ADMINISTRATION
CITY CLERK'S OFFICE STAFF REPORT
COMMUNITY SERVICES & WATER DEPARTMENT
DATE:
TO: Honorable Mayor andCity Council U'
FROM: Samuel Kevin Wilson, Director of Community Services & Water
RE: Permission to Seek Request for Proposals for Grounds Maintenance Services
The Department of Community Services and Water (Department) has prepared a Request for
Proposal (RFP) to seek bids from qualified contractors to perform Grounds Maintenance Services at City
Hall, Fire Station No. 2, Light & Power, Petrelli Building, Public Works Yard, and 50 Street
Apartments. It is important to bid the Grounds Maintenance Services to allow the Department to perform
an in-depth cost analysis of current market rates associated with this type Service.
The City Attorney's office has reviewed and approved the subject RFP to form. The RFP for
Grounds Maintenance Services at City Hall, Fire Station No. 2, Light & Power, Petrelli Building, Public
Works Yard, and 50`h Street Apartments, is herein attached. It is my recommendation that the City
Council grant the Department permission to seek RFP's from qualified contractors to perform Grounds
Maintenance Services at the June 5, 2012, City Council meeting. Thank you.
SKW/sr
Enclosures
RECEIVED
MAY 14 2012
CITY CLERK'S OFFICE
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Mark Whitworth, City Administrator
IL
FROM: Samuel Kevin Wilson, Director of Community Services and Water
DATE: May 9, 2012
SUBJECT: Permission to Seek Request for Proposals for Grounds Maintenance Services
The Department of Community Services and Water (Department) has prepared a Request for Proposal
(RFP) to seek bids from qualified contractors to perform Grounds Maintenance Services at City Hall, Fire
Station No. 2, Light & Power, Petrelh Building, Public Works Yard, and 506' Street Apartments. It is important
to seek bids in order to ascertain current market rates for this service.
The City Attomey's office has reviewed and approved the RFP to form. The RFP for Grounds
Maintenance Services is herein attached, along with a Staff Report recommending that the City Council grant
approval to issue RFP's to qualified contractors to perform the above -mentioned services at the June 5, 2012
City Council meeting. Thank you.
SKW/sr
Enclosures
P.ASM)Sa WyDouvmmAQoiudv Me'vit. C ftau,\RPFC.MM MeW.. City AdminisM,M12.dx
CITY ATTORNEY'S OFFICE
INTER -DEPARTMENT MEMORANDUM
DATE: May 7, 2012
TO: Samuel Kevin Wilson, Director of Community Services & W ter
FROM: Willard G. Yamaguchi, Chief Deputy City Attorney
RE: Request for Proposal - Grounds Maintenance Services
I have received and reviewed the Memorandum dated April 25, 2012, and
the attachments thereto.
The request for proposal for grounds maintenance services is approved
as to form.
WY:em
Enclosures