Resolution No. 2017-067RESOLUTION NO. 2017-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AUTHORIZING THE USE OF THE DESIGN -BUILD
CAPITAL PROJECT DELIVERY METHOD FOR THE VERNON
PUBLIC UTILITIES OFFICE BUILDING
WHEREAS, the City of Vernon (the `City"), is a municipal
corporation and a chartered city of the State of California organized
and existing under its Charter and the Constitution of the State of
California; and
WHEREAS, California State law allows public agencies to
procure construction services using a design -build method, instead of
the more traditional design -bid -build process; and
WHEREAS, design -build contracts combine professional design
services and construction services into a single contract with one
vendor or team of vendors; and
WHEREAS, this method has been popular in the private sector
for decades, but is still relatively new in the public sector and is
best suited to larger building projects, such as the Vernon Public
Utilities ("VPU") Office Building; and
WHEREAS, by memorandum dated December 5, 2017, the Director
of Public Works has recommended the authorization and use of a
two-step Request for Qualifications (attached hereto as Exhibit A and
incorporated herein by reference) ("RFQ") - Request for Proposals
(attached hereto as Exhibit B and incorporated herein by reference)
("RFP") process for the VPU Office Building (the `Design -Build Capital
Project Delivery Method"); and
WHEREAS, under the Design -Build Project Delivery Method, the
qualifications obtained through the RFQ will be evaluated in order to
prequalify (short-list) proposers, then pre -qualified proposers will
be issued the RFP, which responses shall be evaluated on a competitive
best value basis; and
WHEREAS, under the Design -Build Project Delivery Method, a
stipulated cost will be used, such that all pre -qualified proposers
will use the same total project cost (i.e., there will be no lowest
bidder), and since the lowest bid will not be a consideration in the
evaluation of the proposals, "additional procedures" will be
established in the RFP and used to award the design -build contract
here.
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 above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon finds
that this action is exempt under the California Environmental Quality
Act (CEQA), because approving the method by which a contractor will be
selected is an administrative activity that will not result in direct
or indirect physical changes in the environment and therefore does not
constitute a "project" as defined by CEQA Guidelines Section 15378.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Director of Public Works to use the Design -Build
Capital Project Delivery Method for the Vernon Public Utilities Office
Building.
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SECTION 4: The City Clerk, or Deputy City Clerk, of the
City of Vernon shall certify to the passage, approval and adoption of
this resolution, and the City Clerk, or Deputy City Clerk, of the City
of Vernon shall cause this resolution and the City Clerk's, or Deputy
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 December, 2017.
ATTEST:
aria E . AjQ1 a
City Clerk
APPROVED AS TO FORM:
Brian Byun,
Senior Deputy City Attorney
- 3 -
Nam Melissa A. Ybarra
Title: Mayor / m --
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
Maria E . Ayala
I, City Clerk / i y of the City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 2017-67, 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, December 5, 2017, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this 12'¢ day of December, 2017, at Vernon, California.
(SEAL)
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Maria E . A la
City Clerk /
EXHIBIT A
K 64
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5
S�VELY 1�'Q�
CITY OF VERNON
REQUEST FOR QUALIFICATIONS
FOR
DESIGN -BUILD SERVICES
FOR THE
VERNON PUBLIC UTILITIES
OFFICE BUILDING PROJECT
at 2716 Leonis Blvd
Vernon, California
Release Date: December 6, 2017
VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR QUALIFICATIONS
The City of Vernon is requesting qualifications from design -build teams interested in providing the design,
construction, and commissioning for the Vernon Public Utilities Office Building Project (Project) to be
located at 2716 Leonis Blvd, Vernon, CA 91723.
Part A Pre -Qualification Questionnaire packages must be addressed and submitted to the City of
Vernon on or before 2:00 PM, January 15, 2018.
Part B Proposal packages from shortlisted pre -qualified applicants must be addressed and submitted to
the City of Vernon on or before 2:00 PM, March 1, 2018.
Part A and Part B packages are to be submitted to:
Daniel Wall, Director of Public Works
City of Vernon
c/o City of Vernon City Clerk's Office
4305 Santa Fe Avenue
Vernon, CA 90058
The Request for Qualifications (RFQ) is available for download from the City of Vernon website at:
httD://www.citvofvernon.orq/departments/public-works/officebuilding/
NOTICE OF PRE -QUALIFICATION REQUIREMENTS
Notice is hereby given that the City of Vernon has determined that all potential Proposers on this Project
must be pre -qualified, and the City's Review Committee will rank the pre -qualified entities to develop a
shortlist of the highest ranked pre -qualified Design -Build Entities (DBE). Entities on the shortlist will be
invited to submit a proposal in response to the Part B Request for Proposals (RFP). It is mandatory that
all entities who intend to submit a Part B Proposal fully complete the Part A Pre -Qualification
Questionnaire, provide all materials requested herein, and be selected and approved by the City of Vernon
as one of the shortlisted highest ranked pre -qualifying Design -Build Entities. No proposal will be accepted
from a DBE that has failed to comply with these requirements.
While it is the intent of the Part A Pre -Qualification Questionnaire to assist the City of Vernon in determining
a proposer's responsibility prior to its submission of the Part B Proposal of the RFP, neither the fact of pre -
qualification, nor any pre -qualification ranking, will preclude the City from a post -proposal consideration
and determination of whether a proposer has the quality, fitness, capacity, and experience to satisfactorily
perform the proposed work and has demonstrated the requisite qualifications.
MINIMUM BONDING REQUIREMENTS
The DBE, individually or as a team, must have the capacity to obtain performance and payment bonds for
the full value of the design -build project. Prospective DBEs that cannot provide bonding at that amount
will not be considered qualified even though they may be otherwise qualified.
1. INTRODUCTION AND PROJECT SUMMARY
1.1 INTRODUCTION
The City of Vernon (City) is utilizing the Design -Build method of project delivery for the Vernon
Public Utilities Office Building Project, herein referred to as "Project", which will be constructed at
2716 Leonis Blvd, Vernon, CA 91723. The City wishes to implement an approach that integrates
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR QUALIFICATIONS
people, systems, and practices into a process that collaboratively employs the expertise, creativity,
and insights of all participants to maximize efficiency through design and construction, optimize
project results, and deliver the best value to the community.
To best utilize this process, the City is providing instructions to the prospective Design -Build Entity
(DBE) regarding the project requirements. For purposes of this solicitation, the DBE is defined as
the entity that will be awarded a contract for the complete design and construction of the Project.
This Project shall comply with the requirements of the California Public Contract Code and other
provisions of State and Federal law applicable to this Project. Nothing in this RFQ and in the ensuing
Request for Proposals (RFP) is intended nor should it be interpreted as contravening the provisions
of these codes. The DBE shall be fully knowledgeable of, and shall comply with, the provisions of
Federal, State, and City law, rules and regulations applicable to this Project.
The Project -required demolition will include hazardous material abatement, removal and
replacement of site utilities and appurtenances, and other improvements within the Limits of Work.
Vernon Public Utilities Office Building
The Vernon Public Utilities (VPU) Office Building is envisioned to be approximately 36,600 square feet,
equipped with offices, conference rooms, gyms, a community meeting room, a training room, a kitchen
and break rooms. There will be an emphasis on maximizing the use of the facility by designing spaces for
multi -use and flexible sizing, and the maintenance, durability, and sustainability of the facility.
The Project will be funded using City of Vernon funds and has a maximum all-inclusive budget of $12
million.
Best Value with Stipulated Sum Award
The Project will be awarded to the selected DBE based on a "Best Value" evaluation pursuant to California
Public Contract Code Sections 22160 - 22169. The selection and award shall use a "Stipulated Sum"
approach for the price component, where the Stipulated Sum is included as a fixed price and will not be
scored for purposes of the RFP best value competition.
1.2 PROJECT DESCRIPTION AND SCOPE OF SERVICES
Project Description
The project is the construction of a new office building of approximately 36,6001 gross square feet
("GSF") which will consolidate the City's Public Utilities functions. The office building shall comply
with all applicable building codes, as well as requirements of all Federal, State, County, City and
other authorities.
The spaces for the administrative functions are to be developed with cost efficiencies and a moderate
degree of finishes in mind while the public areas are expected to have a higher quality degree of design
and finish elements. Importantly, the exterior architecture and design of the building should have a "civic"
character that most effectively reflects and promotes a positive City of Vernon image.
The project shall be designed to applicable codes and achieve a minimum of LEED Gold.
1 The actual size of these facilities will be determined through the efficiency of the building designed by the winning
Respondent.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR QUALIFICATIONS
Space Requirements
The following are the projected space requirements for each use':
Usable Area
Administrative Areas
(Square Feet)
Gross Area (Square Feet)
54 Offices/work stations
6480
9072
Restrooms
1500
2100
Gyms with Showers/Restrooms
4800
6720
Break Room/ Kitchen
500
700
Break Room/ Kitchen
500
700
Administrative Areas Total
13780
19292
Usable Area
Public Areas
(Square Feet)
Gross Area (Square Feet)
Lobby
600
840
Training/Multipurpose Room for 100
1500
2100
Library
1500
2100
Food Retail
1500
2100
Break Room/ Kitchen
1500
2100
Restrooms
750
1050
Large Conference Room A
2000
2800
Conference Room B
1200
1680
Conference Room C
1200
1680
Conference Room D
600
840
Public Areas Total
12350
17290
Total Administrative + Public
26130
36582
Project -related Site Improvements
Parking shall accommodate City vehicles, employees, elected officials, and visitors conducting business
with the City. Parking spaces provided shall be the greater of code required parking spaces, or 200 parking
spaces.
The Scope of Services also includes any essential site improvements necessary to support the Project.
Safety lighting and paths of travel from the parking area to the facility must be included as well as
pathways from the street to the facility for pedestrians visiting the Center. Necessary site improvements
may include storm drainage, sewer, water, electrical, gas (as necessary), and low voltage utilities;
hardscape; and other enhancements.
Project -related Landscaping
Landscaping as required by code and around the footprint of the Vernon Public Utilities Office Building
shall be provided. Landscaping shall be both aesthetically pleasing and sustainable.
Site Information
The City will provide the design -build team with a boundary survey and a geotechnical soils investigation
of the 2716 Leonis Blvd site with the RFP.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR QUALIFICATIONS
FF&E
The DBE will procure and install furniture, fixtures and equipment ("FF&E").
1.3 PROJECT BUDGET AND FUNDING BUDGET
The DBE's Contract Price shall be a Stipulated Sum of $12,000,000 for the full design and construction of
the Project (including FF&E). The Stipulated Sum reflects the City's maximum budget. The City's goal
is to establish a fair risk balance in the contract between the City and the DBE so that the DBE will receive
appropriate compensation for its work, and the City will achieve its goals for the Project within the
Stipulated Sum.
The Stipulated Sum includes all costs of the complete design, engineering, construction, subcontract work,
supervision, management, general conditions, overhead, bonds, insurance, taxes, compliance with all
applicable codes and agency requirements, procurement of permits (costs for City permit fees are waived
by the City), profit, allowances, contingencies, and any and all items required for the completion of the
Project per the contract documents, excepting therefrom, only the costs for items specifically identified as
not a part of the DBE's Stipulated Sum.
Other Costs Borne by the City
Costs that are not part of the DBE's Stipulated Sum include City plan check, permit, and inspection fees
(the DBE shall be responsible for all fees for temporary utilities, permanent utility connections, and permits
required for the Work of Subcontractors or self -performed work by the DBE); fee for the State Water
Resources Control Board (SWRCB) Application; and 3) construction special inspections and materials
testing and geotechnical field observation and testing, as will be specifically noted in the RFP.
Funding
The Project will be funded by the City of Vernon utilizing City funds.
1.4 CHANGES BY CITY
The City reserves the right, to modify this RFQ, to change, by additions, deletions or modifications, the
Project Criteria, Project Budget, Contract Time, Design -Build Contract, General Conditions or any other
portion of the RFQ or the RFP Documents prior to submittal date.
2. SELECTION PROCESS
2.1 INFORMATIONAL SUMMARY
The provisions of this Section are intended to summarize for the Proposers the process that the City
intends to follow with respect to the RFQ including the Part A Pre -Qualification Questionnaire. This
summary is provided for the convenience of the Proposers and should not be interpreted as a complete
or definitive statement of all procedures, conditions, requirements or standards that may apply to any of
the aforementioned processes.
The City of Vernon is requesting qualifications from DBEs interested in providing the design, construction,
and warranty maintenance for the Vernon Public Utilities Office Building Project
To be considered, the potential DBE must have the appropriate licenses required under provisions of the
California Business and Professions Code. The Mandatory Design DBE(s), Architect and General
Contractor, shall hold an appropriate license for their design discipline. Failure of a single -entity DBE to
possess the required licenses shall be deemed as non -responsive. Failure of a joint venture DBE to be
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR QUALIFICATIONS
properly licensed by the date of contract award will result in forfeiture of the Proposal Security and loss of
the contract. Failure of the Mandatory Design DBE(s) to possess the required license on the Proposal
Deadline shall require the DBE to substitute licensed design professionals and specialty trade contractors,
as applicable, prior to award of the contract without additional cost.
This project is prevailing wage. The DBE's duty to pay State prevailing wages include requirements per
Labor Code Section 1770 et seq.; Labor Code Sections 1775 and 1777.7 outline the penalties for failure
to pay prevailing wages and employ apprentices, including forfeitures and debarment.
In accordance with Labor Code Section 1770 et seq., the Project is a "public work". The successful
Proposer (Contractor) and any Subcontractors shall pay wages in accordance with the determination of
the Director of the Department of Industrial Relations (DIR) regarding the prevailing rate of per diem
wages. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of
worker needed to execute the Contract, as determined by Director of the State of California Department
of Industrial Relations, are deemed included in the Submittal. State prevailing wage requirements are
published by the Director of the State of California Department of Industrial Relations and can be found
online at Iir.ca._gov.
The City is requesting proposals for Design -Build services for the Project through an RFQ/RFP process.
Each response to the RFQ/RFP must propose a business offer that will result in the delivery of a Project
of a high level of design and technical quality.
The City will award the Design -Build Contract on the basis of a Best Value selection as provided for in
Public Contract Code section 22160(b)(1), et. seq., and as specifically described in this solicitation.
The process to select the DBE to implement this Project involves a two-part process including the Part A
- RFQ Process and Part B - RFP Process.
• Part A — RFQ Process: requires all interested proposers to complete a Pre -Qualification
Questionnaire which will be used to establish whether a Proposer meets the prequalifying criteria
and to create a short-list of the highest ranked Proposers based on the Part A Pre -Qualification
Questionnaire submittals. The Part A Prequalification Questionnaire is open to all interested
parties.
• Part B — RFP Process: City will invite those short-listed Proposers to submit proposals. The Part B
Proposal is limited to those Proposers short-listed under Part A.
The City will assemble a Review Committee, which will review and score the Part A Pre -
Qualification Questionnaires. The Review Committee will review the Part A submittals, and
determine the shortlisted proposers. The shortlisted proposers will be sent the RFP. Then the
evaluation of the proposals submitted in response to the RFP, will be judged per criteria for each
Part as defined in the RFP. Those submittals that do not meet the requirements may be deemed
nonresponsive and disqualified from further consideration.
2.2 RFQ PROCEDURES
RFQ Copies
The complete set of the RFQ Documents (including all attachments thereto) are available for download
from the City of Vernon's website at:
http://www.cityofvernon.org/departments/public-works/officebuilding/
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR QUALIFICATIONS
Proposers are solely responsible for any reproduction costs. The City assumes no responsibility for errors
or misinterpretations resulting from the use of incomplete sets of RFQ Documents.
Firms that are interested in this Project should email Daniel Wall: Dwall(LDci.vernon.ca.us to receive
automatic emails when addenda are released. The addenda, when released, will also be available for
download from the City's website at:
http://www.cityofvernon.org/departments/public-works/officebuilding/
Duty of Review
Each Proposer, in submitting its Part A Pre -Qualification Questionnaire and Part B Proposal,
acknowledges and understands its obligation to carefully and thoroughly examine all RFQ and RFP
documents and other information available relating to the Project and the conditions under which the Work
will be performed. Each Proposer shall seek clarification prior to such submission of any and all items of
information contained in the RFQ and RFP documents or in any other documents upon which the Proposer
has relied in preparing its Part A Pre -Qualification Questionnaire and Part B Proposal. Failure by a
Proposer to fully inform itself of the matters described herein and to seek clarification in the manner
required herein shall not relieve the Proposer from its responsibilities under the Design -Build Contract and
other Contract Documents should it receive the Award thereof.
Issuance and Acknowledgement of Receipt of Addendum
For all Proposers who email Daniel Wall per the above, the City will notify these Proposers of any addenda.
It is solely the responsibility of each Proposer to ensure that they receive any and all addenda. Proposers
shall also send email acknowledgement of receipt of addenda to Daniel Wall (dwall ci.vernon.ca.us)
within 24-hours of issuance of each addenda.
Requests for Clarification:
Proposers should submit Requests for Clarification in written form via email to Daniel Wall as set forth
below. Requests for Clarification must be submitted prior to the deadline set forth in Section 2.3 below. All
questions received by this time and date will be responded to, in writing, by issuance of an addenda.
Requests for clarification received after this time and date will not receive a response, except at the sole
discretion of the City. Anonymity of the source of specific questions will be maintained in the written
responses. Responses to all questions will be emailed to all registered RFQ and RFP recipients.
All requests for clarification must be sent via email to the following: Daniel Wall, Director of Public Works;
Email: dwall@ci.vernon.ca.us
2.3 RFQ AND RFP SCHEDULE
The following is the anticipated schedule for the RFQ and RFP process and Award of the Design -Build
Contract:
Milestone Date/Time
RFQ issued December 6, 2017
Part A Qualification Requests for Clarification Deadline December 14, 2017 / 2:00 PM
Part A Qualifications Due January 15, 2018 / 2:00 PM
Invitation to shortlisted proposers to submit Part B Proposals January 25, 2018
Part B Proposal Requests for Clarification Deadline February 5, 2018 / 2:00 PM
Final Addenda issued if required February 12, 2018
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VERNON PUBLIC UTILITIES OFFICE BUILDING PROJECT REQUEST FOR QUALIFICATIONS
Milestone Date/Time
Part B Proposals Due March 1, 2018 / 2:00 PM
Interview(s) if necessary Week of March 12, 2018
Notification of Best Value Proposer March 19, 2018
City Council Award of Contract April 3, 2018
The City reserves the right, at any time, to make additions, modifications or deletions to any of the
events or dates that comprise the RFQ/RFP Schedule. Such changes shall be made by RFQ/RFP
Addendum. References in the RFQ/RFP Documents to the RFQ/RFP Schedule or to dates in the
RFQ/RFP Schedule shall mean the RFQ/RFP Schedule and dates set forth above, as adjusted by
any changes thereto made pursuant to this Paragraph.
2.4 RFQ SUBMISSION REQUIREMENTS
The responses to the Part A Pre -Qualification Questionnaire must be made according to the
requirements set forth in this Section, both for content and for sequence. Noncompliance with these
requirements or the inclusion of conditions, limitations, or misrepresentations may be cause for
rejection of the proposal. Responses shall be addressed and delivered to:
Daniel Wall, Director of Public Works
City of Vernon
c/o City Clerk
4305 Santa Fe Ave.
Vernon, Ca 90058
Submissions must be received by the specified submittal date and time.
• Submissions received after the deadline will not be accepted.
• Faxed and emailed Part A Pre -Qualification Questionnaires will not be accepted.
• Number of Copies: Submit a sealed package containing (5) five bound copies of completed
Part A Pre -Qualification Questionnaire plus one complete electronic copy in PDF format on
CD or flash drive.
3. INSURANCE, BONDING AND INDEMNITY
3.1 MINIMUM BONDING REQUIREMENTS
If the DBE is awarded a contract for this Project, the DBE, individually or as a team, agrees to obtain
a Payment Bond in an amount equal to one hundred percent (100%) of the contract amount, and a
Performance Bond in an amount equal to one hundred percent (100%) of the contract amount. These
bonds shall utilize a form that complies with the forms which will be issued with the RFP and shall be
secured from a surety company or companies satisfactory to the City within ten (10) calendar days of
the contract award. The Payment Bond shall remain in full force and effect for as long as required by
applicable law. The Performance Bond shall remain in full force and effect for as long as the DBE has
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR QUALIFICATIONS
obligations under the contract documents. The Bonds must comply with all conditions regarding
bonds detailed in the Design -Build Contract and the Design -Build General Conditions. The cost of
the bonds shall be deemed included in the Proposer's costs.
3.2 INSURANCE
If the DBE is awarded a contract for this Project, the DBE shall procure and maintain for the duration
of this contract insurance against claims for injuries to persons or damages to property which may
arise from or in connection with the performance of the work hereunder and the results of that work
by the DBE, his agents, representatives, employees or subcontractors. DBE shall not commence
work until all insurance has been obtained that is required under this section and such insurance has
been verified by the City, nor shall DBE allow any Subcontractor to commence work on its contract
until all similar insurance required of the Subcontractor has been so obtained and approved.
Minimum Scope and Limits of Insurance
DBE shall procure and at all times during the term of this Agreement carry, maintain, and keep in full
force and effect, insurance as follows:
Commercial General Liability Insurance with a minimum limit of Three Million Dollars
($3,000,000) per occurrence for bodily injury, personal injury and property damage and a
general aggregate limit of Three Million Dollars ($3,000,000) per project or location. If DBE
is a limited liability company, the commercial general liability coverage shall be amended
so that DBE and its managers, affiliates, employees, agents and other persons necessary
or incidental to its operation are insureds.
Automobile Liability Insurance for any owned, non -owned or hired vehicle used in
connection with the performance of this Agreement with a combined single limit of Two
Million Dollars ($2,000,000) per accident for bodily injury and property damage. If DBE
does not use any owned, non -owned or hired vehicles in the performance of services under
this Agreement, DBE shall obtain a non -owned auto endorsement to the Commercial
General Liability policy required under this Section 3.
• Workers' Compensation Insurance as required by the State of California and Employer's
Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for
bodily injury or disease. If DBE has no employees while performing services under this
Agreement, workers' compensation policy is not required, but DBE shall provide an
executed declaration that it has no employees.
• Professional Liability Insurance [or Errors and Omissions Insurance] with minimum limits
of Two Million Dollars ($2,000,000) per claim and in aggregate
Acceptability of Insurers
The insurance policies required under this Section 3 shall be issued by an insurer admitted to write
insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best
Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance
requirements under this Section 3.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR QUALIFICATIONS
Additional Insured
The commercial general, and automobile liability, and professional liability insurance policies shall
contain an endorsement naming the City of Vernon and its officers, employees, agents and volunteers
(indemnified parties) as additional insureds for all activities arising from this contract.
Primary and Non -Contributing
The insurance policies required under this Section 3 shall apply on a primary non-contributing basis
in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance
maintained by City, its officers, employees, agents or volunteers, shall be in excess of DBE's
insurance and shall not contribute with it.
DBE's Waiver of Subrogation
The insurance policies required under this Section 3 shall not prohibit DBE and DBE's employees,
agents or subcontractors from waiving the right of subrogation prior to a loss. DBE hereby waives all
rights of subrogation against City.
Deductibles and Self -Insured Retentions
Any deductibles or self -insured retentions must be approved by City. At City's option, DBE shall either
reduce or eliminate the deductibles or self -insured retentions with respect to City, or DBE shall procure
a bond guaranteeing payment of losses and expenses.
Cancellations or Modifications to Coverage
DBE shall not cancel, reduce or otherwise modify the insurance policies required by this Section 3
during the term of this Agreement. The commercial general and automobile liability policies required
under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy
before the expiration date, the issuing insurer will endeavor to mail thirty (30) calendar days' prior
written notice to City. If any insurance policy required under this Section 3 is canceled or reduced in
coverage or limits, DBE shall, within two (2) business days of notice from the insurer, phone, fax or
notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
City Remedy for Noncompliance
If DBE does not maintain the policies of insurance required under this Section 3 in full force and effect
during the term of this Agreement, or in the event any of DBE's policies do not comply with the
requirements under this Section 3, City may either immediately terminate this Agreement or, if
insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary
insurance and pay, at DBE's expense, the premium thereon. DBE shall promptly reimburse City for
any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments
due to DBE.
Evidence of Insurance Prior to the performance of services under this Agreement, DBE shall furnish
City's Risk Manager with a certificate or certificates of insurance and all original endorsements
evidencing and effecting the coverages required under this Section 3. The endorsements are subject
to City's approval. DBE may provide complete, certified copies of all required insurance policies to
City. DBE shall maintain current endorsements on file with City's Risk Manager. DBE shall provide
proof to City's Risk Manager that insurance policies expiring during the term of this Agreement have
been renewed or replaced with other policies providing at least the same coverage. DBE shall furnish
such proof at least two (2) weeks prior to the expiration of the coverages.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR QUALIFICATIONS
Indemnity Requirements not Limiting
Procurement of insurance by DBE shall not be construed as a limitation of DBE's liability or as full
performance of DBE's duty to indemnify City under Section 3 of this Agreement.
Subcontractor Insurance Requirements
DBE shall require each of its subcontractors that perform services under this Agreement to maintain
insurance coverage that meets all of the requirements of this Section 3.
3.3 BUILDER'S RISK INSURANCE
The DBE must provide adequate/sufficient Builder's Risk Insurance to protect the indemnified parties
referenced under "Additional Insured" in Section 3.2 from a catastrophic event should one occur. The
DBE's policy must be submitted to the City for review and must be deemed acceptable by the City.
The City reserves the right to require modifications should they be necessary to provide the protection
being requested by the City.
3.4 INDEMNIFICATION
Indemnity for Design Professional Services
To the fullest extent permitted by law, DBE shall, at its sole cost and expense, protect, indemnify and
hold harmless the indemnified parties referenced under "Additional Insured" in Section 3.2 and its
elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns
and those City agents serving as independent contractors in the role of City officials (collectively
"Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands,
causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever,
including fees of accountants, attorneys or other professionals, and all costs associated therewith,
and reimbursement of attorney's fees and costs of defense (collectively "Liabilities"), whether actual,
alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole
or in part, the negligence, recklessness or willful misconduct of DBE, its officers, agents, servants,
employees, subcontractors, material men, contractors or their officers, agents, servants or employees
(or any entity or individual that DBE shall bear the legal liability thereof) in the performance of design
professional services under this Agreement by a "design professional," as the term is defined under
California Civil Code Section 2782.8(c)(2).
Other Indemnities
• Other than in the performance of design professional services, and to the fullest extent
permitted by law, DBE shall, at its sole cost and expense, defend, hold harmless and
indemnify the Indemnitees from and against any and all damages, costs, expenses,
liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and
losses of any nature whatsoever, including fees of accountants, attorneys or other
professionals, and all costs associated therewith, and the payment of all consequential
damages (collectively "Claims"), in law or equity, whether actual, alleged or threatened,
which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions
of DBE, its officers, agents, servants, employees, subcontractors, materialmen, contractors
or their officers, agents, servants or employees (or any entity or individual that DBE shall
bear the legal liability thereof) in the performance of this Agreement, including the
Indemnitees' active or passive negligence, except for Claims arising from the sole
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR QUALIFICATIONS
negligence or willful misconduct of the Indemnitees, as determined by final arbitration or
court decision or by the agreement of the parties. DBE shall defend the Indemnitees in
any action or actions filed in connection with any Claim with counsel of the Indemnitees'
choice, and shall pay all costs and expenses, including all attorneys' fees and experts'
costs actually incurred in connection with such defense. DBE shall reimburse the
Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in
connection therewith.
• DBE shall pay all required taxes on amounts paid to DBE under this Agreement, and
indemnify and hold the indemnified parties referenced under "Additional Insured" in Section
3.2 harmless from any and all taxes, assessments, penalties, and interest asserted against
the indemnified parties referenced under "Additional Insured" in Section 3.2 by reason
of the independent contractor relationship created by this Agreement. DBE shall fully
comply with the workers' compensation law regarding DBE and DBE's employees. DBE
shall indemnify and hold the indemnified parties referenced under "Additional Insured" in
Section 3.2 harmless from any failure of DBE to comply with applicable workers'
compensation laws. City may offset against the amount of any fees due to DBE under this
Agreement any amount due to City from DBE as a result of DBE's failure to promptly pay
to City any reimbursement or indemnification arising under this Subparagraph B. 2).
• DBE shall obtain executed indemnity agreements with provisions identical to those in this
Section 3.4 from each and every subcontractor or any other person or entity involved by,
for, with or on behalf of DBE in the performance of this Agreement. If DBE fails to obtain
such indemnities, DBE shall be fully responsible and indemnify, hold harmless and defend
the Indemnitees from and against any and all Claims in law or equity, whether actual,
alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to
the acts or omissions of DBE's subcontractor, its officers, agents, servants, employees,
subcontractors, material men, contractors or their officers, agents, servants or employees
(or any entity or individual that DBE's subcontractor shall bear the legal liability thereof) in
the performance of this Agreement, including the Indemnitees' active or passive
negligence, except for Claims arising from the sole negligence or willful misconduct of the
Indemnitees, as determined by final arbitration or court decision or by the agreement of the
parties.
Workers' Compensation Acts not Limiting
DBE's obligations under this Section 3.4, or any other provision of this Agreement, shall not be limited
by the provisions of any workers' compensation act or similar act. DBE expressly waives its statutory
immunity under such statutes or laws as to the indemnified parties referenced under "Additional
Insured" in Section 3.2 its officers, agents, employees and volunteers.
Insurance Requirements not Limiting
City does not, and shall not, waive any rights that it may possess against DBE because of the
acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant
to this Agreement. This hold harmless and indemnification provisions in this Section 3.4 shall apply
regardless of whether or not any insurance policies are determined to be applicable to the Liability,
Claim, tax, assessment, penalty or interest asserted against City.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR QUALIFICATIONS
Survival of Terms
The indemnification in this Section 3.4 shall survive the expiration or termination of this Agreement.
4. REQUEST FOR PROPOSAL (RFP) TERMS AND CONDITIONS
4.1 PREVAILING WAGES
The successful Proposer who is awarded the Design -Build Contract will be required to comply with
all applicable provisions of State labor codes, including all prevailing wage requirements of the State
of California Department of Industrial Relations. The Contractor's duty to pay State prevailing wages
can be found under Labor Code Section 1770 et seq. and Labor Code Sections 1775 and 1777.7
outline the penalties for failure to pay prevailing wages and employ apprentices including forfeitures
and debarment.
In accordance with Labor Code Section 1770 et seq., the Project is a "public work". The successful
Proposer (Contractor) and any Subcontractors shall pay wages in accordance with the determination
of the Director of the Department of Industrial Relations (DIR) regarding the prevailing rate of per diem
wages. Copies of the general prevailing rates of per diem wages for each craft, classification, or type
of worker needed to execute the Contract, as determined by Director of the State of California
Department of Industrial Relations, are deemed included in the Submittal. State prevailing wage
requirements are published by the Director of the State of California Department of Industrial Relations
and can be found online at
4.2 APPRENTICESHIP PROGRAM
Attention is directed to Sections 1777.5, 1777.6, and 1777.7 of the California Labor Code and Title 8,
California Administrative Code, Section 200 et seq. to ensure compliance and complete
understanding of the law regarding apprentices.
4.3 WORKER'S COMPENSATION
Section 1861 of the California Labor Code requires each contractor that is awarded a public works
contract to sign and file with the awarding body the following certification prior to performing the work
of the contract: "I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply with such provisions before commencing
the performance of the work of this contract.
5. SUMMARY OF REQUEST FOR PROPOSAL (RFP) PROCESS
5.1 CEQA SUMMARY
The selected DBE shall provide design and construction to satisfy the documents set forth herein. A
Geotechnical Investigation Report and a Boundary Survey of the existing site will be included in the
RFP; however, the DBE shall be responsible for any additional work to verify accuracy or to provide
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR QUALIFICATIONS
additional information as required to complete the design and construction of the project. The selected
DBE shall provide all required survey work, including perimeters and controls for the project. The City
will be responsible for the California Environmental Quality Act (CEQA) process, study, and
determination. The DBE shall coordinate with City staff to ensure consistency between project plans
and the CEQA project description, and also to ensure any project design features or mitigation
measures (if needed) are feasible and incorporated into the design plans. At this time, the City
anticipates the project will be categorically exempt from CEQA, but will make the final determination
at the time design plans are prepared. Should the project not be categorically exempt, the City will
prepare the CEQA documents
5.2 CONTRACT TIME
All design and construction Work must be substantially completed within Five Hundred Twenty-five
(525) calendar days after the Date of Commencement established in the City of Vernon's initial Notice
to Proceed. Final Completion shall be within 30 days of Substantial Completion.
• The schedule for Substantial Completion of the design and construction of the Work for the
project will be proposed by the DBE with City input and approval.
• Within ten (10) days after notification of award, the DBE shall prepare and submit a Design -
Build Schedule for the design phase of the Work, both in hard copy and electronically, for the
City's approval. The contract time for completion of the design shall include adequate time for
City review and final approval. DBE shall incorporate options to phase the design and
construction permits as needed or desired by the DBE. The design schedule shall include a
site evaluation, conceptual design phase, schematic design phase, design development
phase, construction document phase, FF&E design, planning, procurement and installation
phases, and City review, plan check and final approval phase. City review shall include, but
not be limited to, review by the Design Review Committee (an internal staff committee
representing various City departments), and City staff who are part of this Project team. The
project design may also be presented at a City Council Workshop. The full description of
required deliverables will be issued with the RFP Exhibit F Scope of Services.
Within ten (10) days of starting the Schematic Design Phase, the DBE shall prepare and submit
a Preliminary Design -Build Construction Schedule, both in hard copy and electronically, for the
City's information. After completion of the Design Development drawings, the DBE shall
prepare and submit a detailed Design -Build Construction Schedule, both in hard copy and
electronically, for the City's approval and CM's approval. The Design -Build Construction
Schedule shall establish the baseline construction schedule and shall include a Submittal
Schedule with material procurement information. Upon approval of the construction schedule
and Notice to Proceed with Construction, the DBE shall proceed with the construction of the
project according to the approved schedule. The construction schedule shall include a
construction phase, commissioning phase, Substantial Completion Milestone, close out phase
and Final Completion Milestone.
5.3 SELECTION
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR QUALIFICATIONS
Upon review of the submitted Part B Proposals, the City will rank the proposals based on a point
system established to determine the "best value" and may select a shortlist of DBEs to interview. After
the interviews and the determination by the Review Committee of the apparent "best value" proposer,
the highest ranking DBE and the City will enter into negotiations. Pending completion of successful
negotiations, the highest ranking "best value" proposer will be recommended for contract award by
the City Council. Following Council authorization and execution of the contract, the selected DBE will
commence design and construction of the Project for the City.
5.4 AWARD
The City will issue a written decision supporting its Award of the Design -Build Contract to the
successful Proposer, stating the basis of the Award. The identity of the successful Proposer will be
publicly announced, along with the shortlist of Proposers.
The resulting Design -Build Contract will include a complete Scope of Services for all elements of the
design -build process necessary for the Project which include site and off -site work, buildings,
landscaping, and all services necessary to complete the Project in a condition ready for occupancy.
The City will review the DBE's management of design and construction of the Project to ensure
compliance with the contract documents.
5.5 RFP COPIES
The complete set of RFP Documents (including all attachments thereto) will available on December,
2017 for download from the City of Vernon's website at:
http://www cityofvernon org//departments/public-works/officebuilding/
5.6 REVIEW COMMITTEE
The City will establish a Review Committee with responsibility for conducting the: (1) evaluation,
scoring and ranking of the Part A Pre -Qualification Questionnaires and Part B Proposals, (2)
interviews, (3) negotiations; and (4) providing recommendation of the successful Proposer for award
of the Design -Build Contract based on "Best Value".
5.7 EVALUATION OF THE PROPOSAL
The Review Committee will evaluate each proposal for completeness and content and will utilize the
Proposal evaluation factors, scoring and ranking methodology as indicated in the RFP. Each proposal
will be evaluated based upon the relevant factors of the proposer. Staff may choose to interview two
or more closely ranked firms, but will not expect or schedule elaborate presentations. License status
and references will also be verified.
5.8 NEGOTIATIONS
The City reserves the right, but shall not have the obligation, as part of the RFP process to hold
Discussions, Negotiations and/or Limited Negotiations. If Negotiations are conducted, they may be
conducted with some or all short-listed DBEs. Negotiations shall be face-to-face, confidential
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR QUALIFICATIONS
exchanges between the potential DBE and the RFP Review Committee conducted for the purpose of
"bargaining", alteration of assumptions and positions, and may apply to price, schedule and technical
requirements. Procedures for Discussions, Negotiations, Limited Negotiations shall be in accordance
with the RFP.
The City will identify the proposer that offers the best value to the public and enter contract
negotiations with that highest ranked proposer. Should the City fail to reach an agreement with the
top ranked proposer, the City may enter negotiations with the next highest rated proposer and so on.
City Staff will make a recommendation to the City Council for the award of the Design -Build Contract
to the proposer that best furthers the City's objectives, if any.
Page 116
EXHIBIT B
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CITY OF VERNON
REQUEST FOR PROPOSALS
FOR
DESIGN -BUILD SERVICES
FOR THE
VERNON PUBLIC UTILITIES
OFFICE BUILDING PROJECT
at 2716 Leonis Blvd
Vernon, California
Release Date: January 25, 2018
VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
INTRODUCTION AND PROJECT
The City of Vernon is requesting proposals for the Design -Build project delivery of the Vernon Public
Utilities Office Building Project, herein referred to as "Project", which will be constructed at 2716 Leonis
Blvd, Vernon, CA 91723. The City wishes to implement an approach that integrates people, systems,
and practices into a process that collaboratively employs the expertise, creativity, and insights of all
participants to maximize efficiency through design and construction, optimize project results, and
deliver the best value to the community.
To best utilize this process, the City is providing instructions to the prospective Design -Build Entity
(DBE) regarding the project requirements. For purposes of this solicitation, the DBE is defined as the
entity that will be awarded a contract for the complete design and construction of the Project
The City will select one DBE, based on demonstrated competence and a cost effective approach, to design
and construct the Project.
2. BACKGROUND
The City of Vernon, founded in 1905, is approximately 5.2 square miles in size and is located 5 miles
southeast of downtown Los Angeles California. Over its long history, Vernon has been developed as an
industrial community. At the turn of the 20th century the lands that make up Vernon were comprised largely
of farmlands. The presence of three major rail lines in the area led influential business and property owners
to encourage the railroad companies to run spur lines onto the farmlands. These rail extensions enabled
the creation of an "exclusively industrial" city. By the 1920's, Vernon was attracting large stockyards and
meatpacking facilities. In the 1930's, Vernon became the location of choice for many heavy industrial
plants. As economic conditions changed over the decades, these large scale industrial operations have
relocated out of Southern California and Vernon has attracted smaller, lighter industrial facilities. The City's
business friendly environment, low cost utilities and key location for trucking and rail transport continue to
position Vernon as an ideal location for industrial uses.
City Government: The City Council consists of five members, elected at -large, who serve five-year
staggered terms. The City Council annually appoints a Mayor and a Mayor Pro Tern from its own
membership to serve one-year terms.
Labor Force: Vernon has approximately 280 employees, and its departments include a Fire Department,
Police Department, Finance Department, Public Works Department, Public Utilities Department, and
Health and Environmental Control Department. Present bargaining units recognized include the Vernon
Police Officers Benefit Association, Vernon Police Management Association, Vernon Firemen's
Association, the Vernon Fire Management Association, International Brotherhood of Electrical Workers
Local 47, and Teamsters Local 911.
3. SCOPE OF SERVICES REQUIRED
The City of Vernon is seeking the services of a highly qualified DBE to design, construct and commission
an office building. The project requires the demolition of an existing building and the design,
construction, and commissioning of a new office building of approximately 36,6001 gross square feet
("GSF"), which will consolidate the City's Public Utilities functions, at 3715 Leonis Blvd.
1 The actual size of these facilities will be determined through the efficiency of the building designed by the winning
Respondent.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
The spaces for the administrative functions are to be developed with cost efficiencies and a moderate
degree of finishes while the public areas are expected to have a higher quality degree of design and
finish elements. Importantly, the exterior architecture and design of the building should have a "civic"
character that most effectively reflects and promotes a positive City of Vernon image.
The project shall be designed to achieve a minimum of LEED Gold.
Space Requirements
The following are the projected space requirements
for each use':
Usable Area (Square
Administrative Areas
Feet)
54 Offices/work stations
6480
Restrooms
1500
Gyms with Showers/Restrooms
4800
Break Room/ Kitchen
Break Room/ Kitchen
Administrative Areas Total
Public Areas
Lobby
Training/Multipurpose Room for 100
Library
Food Retail
Break Room/ Kitchen
Restrooms
Large Conference Room A
Conference Room B
Conference Room C
Conference Room D
Public Areas Total
Total Administrative + Public
500
500
13780
Usable Area (Square
Feet)
600
1500
1500
1500
1500
750
2000
1200
1200
600
12350
26130
Gross Area (Square Feet)
9072
2100
6720
700
700
19292
Gross Area (Square Feet)
840
2100
2100
2100
2100
1050
2800
1680
1680
840
17290
36582
More detailed programming and scope of services are contained in Exhibits C and D of this RFP.
Project Related Site Improvements
Parking shall accommodate City vehicles, employees, elected officials, and visitors conducting
business with the City. Parking spaces provided shall be the greater of code required parking spaces,
or 200 parking spaces.
The Scope of Services also includes any essential site improvements necessary to support the
Project. Safety lighting and paths of travel from the parking area to the facility must be included as
well as pathways from the street to the facility for pedestrians visiting the Center. Necessary site
improvements may include storm drainage, sewer, water, electrical, gas (as necessary), and low
voltage utilities, hardscape, and other enhancements.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
Project -related Landscaping
At a minimum landscaping as required by code and around the footprint of the Vernon Public Utilities
Office Building shall be provided. Landscaping shall be aesthetically pleasing, sustainable, and low
maintenance.
Site Information
A boundary survey, geotechnical report, and plans of the existing building at the 2716 Leonis Blvd
project site are included in the appendices of this RFP.
FF&E
The DBE will procure and install all furniture, fixtures and equipment ("FF&F) as part of the Project.
FF&E shall be high quality commercial/institutional grade, and shall compliment the design of the
building.
Project Funding and Budget
The DBE's Contract Price shall be a Stipulated Sum of $12,000,000 for the full design and construction of
the Project (including FF&E). The Stipulated Sum reflects the City's maximum budget. The City's goal
is to establish a fair risk balance in the contract between the City and the DBE so that the DBE will receive
appropriate compensation for its work, and the City will achieve its goals for the Project within the Stipulated
Sum.
The Stipulated Sum includes all costs of the complete design, engineering, demolition, construction, FF&E,
subcontract work, supervision, management, general conditions, overhead, bonds, insurance, taxes,
compliance with all applicable codes and agency requirements, procurement of permits (costs for City
permit fees are waived by the City), profit, allowances, contingencies, and any and all items required for
the completion of the Project per the contract documents, excepting therefrom, only the costs for items
specifically identified as not a part of the DBE's Stipulated Sum.
Other Costs Borne by the City
Costs that are not part of the DBE's Stipulated Sum include City plan check, permit, and inspection fees.
The DBE shall be responsible for all fees for temporary utilities, permanent utility connections, and permits
required for the Work of Subcontractors or self -performed work by the DBE, fees for the State Water
Resources Control Board (SWRCB) Application; and the costs of construction special inspections,
materials testing, land and construction surveying, and geotechnical field observation and testing.
Funding
The Project will be funded by the City of Vernon utilizing City funds.
4. QUALIFICATIONS & CRITERIA
A. Qualifications: The City of Vernon will select one DBE for all of the outlined Scope of Service based
on the selection criteria in part B. below.
B. Selection Criteria: The City will conduct a comprehensive, fair, and impartial evaluation of proposals
received in response to this RFP. All proposals received will be reviewed and evaluated by a committee
of qualified personnel. The name, information, or experience of the individual members will not be made
available to any proposer. The Evaluation Committee review and compare all the proposals and determine
the highest scoring proposal based on the following criteria:
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
1. Design Concept (75%)
1.1. Overall Design of the Public Facilities — The degree by which the overall project concept and
design addresses the project objectives and:
i. Provides a modern and efficient Vernon Public Utilities Office Building;
ii. Provides welcoming, service -oriented spaces that are convenient for customers and
enhance the delivery of customer service and public interaction;
iii. Provides interaction areas designed for collaboration and engagement; and
iv. Provides a design which evokes a quality image and creates a sense of public place.
1.2. Overall Flexibility and Functionality of the Facilities
i. The degree by which the design of the building will create spaces that can
accommodate the City's programmatic needs in both the short term and long term; and
H. Is efficient and allows flexible design layouts and growth.
1.3. Interactive Public Space Requirements — The degree by which the overall design creates civic
areas for the public and for events.
1.4 Sustainability — Evaluation of the DBE's proposed sustainability features for the building.
Baseline minimum is LEED Gold equivalent.
2. Project Management Plan (15%)
2.1. The Degree to which the DBE's submittal presents a robust and credible approach to the
efficient and safe implementation of the project, including:
i. A demonstrated understanding of the organizational needs of the Project through:
a. Presentation of an approach to successfully perform concurrent streams of
design work through effective project management and lines of communication;
and
b. Provision of a comprehensive organizational structure demonstrating an
ability to successfully execute the Project through a coordinated and well -planned
approach to organizing design, construction, and O&M Services.
2.2. The degree to which the Submittal contemplates a logical and credible approach to
construction scheduling and sequencing including:
i. A clear and detailed description of a proposed sequence of construction that
presents a logical order for the implementation of the Project;
J. Presentation of a Project schedule that that sets forth aggressive but realistic time
frames for the completion of the Design and Construction Work.
3. "Wow" factor (10%)
Something that goes beyond what is expected. Examples include, but are not limited to:
additional amenities & functions, creative integration of public art and/or Vernon's
heritage/culture.
5. FORMAT AND DELIVERY OF RESPONSE
Respondents are asked to submit one (1) unbound original, five (5) hard copies, and one (1) digital PDF
file electronic copy (on CD or Flash Drive) of their proposals in sufficient detail to allow for a thorough
evaluation and comparative analysis. The proposal should include, at a minimum, the following information
in sectionalized format addressing all phases of the work in the RFP.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
A complete, concise and professional response to the RFP will enable the City to identify the most qualified
DBE and will be indicative of the level of the DBEs' experience and commitment to the proposed project.
DBEs must demonstrate their project concept, and ability to successfully design, develop and deliver the
proposed project.
The respondents shall follow the format described below. The contents of the Submittal must be clear,
concise and complete and font shall be in at least 11-point type. Each section of the RFP response shall
be tabbed and labeled in the order shown below.
Each Proposal must include the following organized as Sections A through H:
A. Cover Letter and Stipulated Price. Section A of the Proposal must be a cover letter containing
a summary of the Proposal, including the stipulated price to design and construct the Project. The
cover letter must confirm the Proposer's commitment to using a "skilled and trained workforce" for
construction of the Project, in full compliance with section 22164(c) of the Public Contract Code.
B. Technical Design and Construction Expertise. Section B must provide specific and detailed
information regarding the technical design and construction expertise of the Proposer and members
of the Proposer's design -build team, including, but not limited to, the design professional(s), the
general contractor, and major subcontractors. Identify key personnel by name and title and provide
a brief professional biography for each, including relevant education and experience. Provide
contact information, contractors' license numbers, and DIR registration number for the contractor
and the subcontractors. Section B must also include proposed changes (if any) to Proposer's
previously submitted Statement of Qualifications ("SOQ").
C. Schedule. Section C must include a proposed schedule for design and construction of the
Project. All design and construction work substantially completed within Five Hundred Twenty-
five (525) calendar days after the Date of Commencement established in the City of Vernon's
initial Notice to Proceed. Final Completion shall be within 30 days of Substantial Completion.
D. Design Approach. Section D must describe the Proposer's planned approach to design of the
Project, including consideration of life cycle costs over 30 years or more, and the requirement that
this project achieve at least LEED Gold rating.
E. Construction Approach. In Section E, describe the Proposer's approach to ensuring safe, on -
time and cost-effective construction.
F. Project Concept & Drawings Respondent shall provide a concept plan package that includes:
1) Project Cover Sheet: Provide a cover sheet showing a rendering, project team and architect
contact information;
2) Project Data Sheet: Provide a project data sheet including but not limited to lot size; building
square footage broken down by above and below grade if applicable; floors; uses; floor area
ratio calculations (USF & GSF); open space data; outdoor and indoor common area space data;
parking data including number of stalls and square footage;
3) Elevations: Provide colored architectural exterior elevation(s) for the building. Elevation(s)
should illustrate proposed building massing and height, fenestration, materials and colors of all
finishes and related architectural elements;
4) Schematic Floor Plans: Provide schematic floor plans of each distinct level.
5) Area Tabulation: Provide a USF tabulation by use as set forth in the appendices of this RFP.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
G. Sustainability Plan Narrative A sustainability plan narrative setting forth an overall approach
to sustainability on the project shall be included in the proposal packet. The sustainability plan
narrative should describe the DBE's plan to achieve a minimum of LEED Gold.
H. Affidavit of Non -Collusion A completed affidavit of non -collusion (appendix A) must be
included with the proposal.
Prominently label the proposal package: "Public Utilities Office Building Project" and include the name of
the primary contact for the respondent.
Deliver the response to:
City of Vernon
Attention: Daniel Wall, P.E. Director of Public Works
4305 Santa Fe Avenue
Vernon, CA 90058
Responses are due on or before 2:00 p.m. on March 1, 2018. Late response will not be accepted.
If you have any questions about this RFP, please contact Daniel Wall at (323) 583-8811 ext. 305. Please
note that any questions asked and any response provided by Vernon will be sent to every person who will
be submitting a proposal, to the extent the City is aware of them.
6. 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, will be posted to
http://www.citvofvernon.org/departments/publicworks/officebuildinq/, 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.
7. SCHEDULE
The solicitation, receipt and evaluation of the RFP responses and the process for selecting a Preferred
DBE are anticipated to follow the time -frame below. The City reserves the right to issue a written
addendum at any time to alter the dates set forth below. In the event of any change to the schedule below,
all addenda to the RFP will be posted at:
httr):// .cityofvernon.org/departments/public-works/officebuildinq/ .
Milestone
Date/Time
Invitation to shortlisted DBEs to submit Part B Proposals
January 25, 2018
Part B Proposal Requests for Clarification Deadline
February 5, 2018 / 2:00 PM
Final Addenda issued if required
February 12, 2018
Part B Proposals Due
March 1, 2018 / 2:00 PM
Interview(s) if necessary
Week of March 12, 2018
Notification of Best Value Proposer
March 19, 2018
City Council Award of Contract
April 3, 2018
Proposers should submit Requests for Clarification in written form via email to Daniel Wall
dwall@ci.vernon.ca.us. Requests for Clarification must be submitted prior to the deadline above. All
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
questions received by this time and date will be responded to, in writing, by issuance of an addenda.
Requests for clarification received after this time and date will not receive a response, except at the sole
discretion of the City. Anonymity of the source of specific questions will be maintained in the written
responses.
City may not respond to questions received after Deadline for Requests for Clarification regarding the RFP.
Only questions answered by formal written Addenda shall be binding. DBEs shall not be entitled to rely
upon oral statements; nor shall oral statements be binding or legally effective.
Each addenda shall be part of the RFP. DBEs may obtain a complete listing of addenda from
http•//www cityofvernon org/departments/public-works/officebuilding/.
DBE is responsible to determine if any Addenda to this RFP have been posted on the website up to the
final date of Submittal. The actual timing and sequence of events resulting from this RFP shall ultimately
be determined by the City.
8. CONDITIONS FOR RESPONSES TO RFP
The following conditions apply to this RFP process:
A. Nothing contained in this RFP shall create any contractual relationship between the
respondent and the City.
B. This RFP does not obligate the City to establish a list of service providers qualified
as prime contractors, or award a contract to any respondent. The City reserves the
right to amend or cancel this RFP without prior notice, at any time, at its sole
discretion.
C. The City shall not be liable for any expenses incurred by any individual or
organization in connection with this RFP.
D. No conversations or agreements with any officer, agent, or employee of the City
shall affect or modify any terms of this RFP. Oral communications or any written/e-
mail materials provided by
any person other than designated contact staff of City shall not be considered
binding.
E. The City reserves the right, in its sole discretion, to accept or reject any or all
Proposals without prior notice and to waive any minor irregularities or defects in a
Proposal. The City reserves the right to seek clarification on a Proposal with any
source.
F. The dates, times, and sequence of events related to this RFP shall ultimately be
determined by the City. The schedule shown above is subject to change, at the sole
discretion of the City, although the City will attempt to follow it and, if it must be
altered, will attempt to provide reasonable notice of the changes.
G. Respondents shall not issue any news release pertaining to this RFP, or the City
without prior written approval of the City.
H. All submitted proposals and information included therein or attached thereto shall
become public record upon delivery to the City.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
9. 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
10. LIVING WAGE ORDINANCE AND PREVAILING WAGE
The selected DBE shall pay qualifying employees a wage of not less than $10.30 per hour with health
benefits, or $11.55 per hour without health benefits. The DBE shall also provide qualifying employees at
least twelve days off per year for sick leave, vacation or personnel necessity, and an additional ten days
a year of uncompensated time for sick leave. There shall be a prohibition on an employer retaliation
against an employee's complaining to the City with regard to the employer's compliance with the living
wage ordinance. Contractor, and any Subcontractor(s), shall comply with the City's Living Wage
Ordinance. The current Living Wage Standards are set forth in Exhibit "D" of the standard form contract,
attached hereto as Exhibit B. Upon the City's request, certified payroll records shall promptly be
provided to the City. The provisions of California Labor Code 1770, et seq., regarding the payment of
prevailing wages on public works, and related regulations, apply to all City contracts. In addition, the
selected DBE and/or any subcontractor must be currently registered and qualified (including payment of
any required fee) with the State Department of Industrial Relations pursuant to Labor Code section
1725.5 (with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)). This project
is subject to compliance monitoring and enforcement by the State Department of Industrial Relations. If
Living Wage Provisions and Prevailing Wage provisions should both apply to this Contract, Contractor
and all of its Subcontractors shall pay the higher of the applicable wages to the extent required by law.
11. STANDARD TERMS AND CONDITIONS
Prior to the award of any work hereunder, City and proposer shall enter into the written contract for
services attached hereto as Exhibit B. Proposers responding to this RFP are strongly advised to review
all the terms and conditions of the Contract. The term of the Contract shall not exceed three (3) years.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
EXHIBIT A
AFFIDAVIT OF NON -COLLUSION
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
AFFIDAVIT OF NON -COLLUSION BY CONTRACTOR
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
being first duly sworn deposes
and says that he/she is
(Insert "Sole Owner", 'Partner", "President, "Secretary", or other proper title)
of
(Insert name of bidder)
who submits herewith to the City of Vernon a bid/proposal;
That all statements of fact in such bid/proposal are true;
That such bid/proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company,
association, organization or corporation;
That such bid/proposal is genuine and not collusive or sham;
That said bidder has not, directly or indirectly by agreement, communication or conference with anyone attempted
to induce action prejudicial to the interest of the City of Vernon, or of any other bidder or anyone else interested in
the proposed contract; and further
That prior to the public opening and reading of bids/proposals, said bidder:
a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham bid/proposal;
b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone
else would submit a false or sham bid/proposal, or that anyone should refrain from bidding or withdraw
his/her bid/proposal;
C. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone
to raise or fix the bid/proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit
or cost element of his/her bid/proposal price, or of that of anyone else;
d. Did not, directly or indirectly, submit his/her bid/proposal price or any breakdown thereof, or the contents
thereof, or divulge information or data relative thereto, to any corporation, partnership, company,
association, organization, bid depository, or to any member or agent thereof, or to any individual or group
of individuals, except the City of Vernon, or to any person or persons who have a partnership or other
financial interest with said bidder in his/her business.
I certify under penalty of perjury that the above information is correct
Title:
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
EXHIBIT B
STANDARD FORM CONTRACT
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
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]
Total not to exceed $[insert amount] (includes all
applicable sales tax); and more particularly
described in Exhibit C
Three (3) years, pursuant to Section 10.20
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTRACTOR'S NAME]
FOR [BRIEF DESCRIPTION OF SERVICES]
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
This Contract is made between the City of Vernon ("City"), a California charter City and California
municipal corporation ("City"), and [Contractor's Name], a [State incorporated in] corporation
("Contractor")
The City and Contractor agree as follows:
1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the
services as hereinafter set forth as authorized by the City Council on
2.0 SCOPE OF SERVICES.
2.1 Contractor shall perform all work necessary to complete the services set forth in
the Request for Proposals dated , Exhibit "A", and Contractor's proposal to the City
("Proposal") dated
Contract, by reference.
, Exhibit "B", both of which are attached to and incorporated into this
2.2 All services shall be performed to the satisfaction of City.
2.3 All services shall be performed in a competent, professional, and satisfactory
manner in accordance with the prevailing industry standards for such services.
3.0 PERSONNEL.
3.1 Contractor represents that it employs, or will employ, at its own
expense, all personnel required to perform the services under this Contract.
3.2 Contractor shall not subcontract any services to be performed by it
under this Contract without prior written approval of City.
3.3 All of the services required hereunder will be performed by Contractor or by City -
approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and
authorized or permitted under State and local law to perform such services and shall be subject to
approval by the City.
4.0 TERM. MUST SELECT AN ALTERNATIVE AND REMOVE THE LANGUAGE OF
ALTERNATIVE NOT SELECTED. [Alternative 1, for services where there is a deliverable or
specific schedule set forth in the specifications/RFP or in the bid/proposal]. The Contractor shall
commence the delivery of services on receipt of a written notice to proceed and shall complete the
services on the schedule set forth in Exhibit " ".
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
[Alternative 2, for services of a continuing nature]. The term of this Contract shall commence on
[state date], and it shall continue until [state date which may not be more than three years from the
commencement date], unless terminated at an earlier date pursuant to the provisions thereof.
5.0 COMPENSATION AND FEES.
5.1 Contractor has established rates for the City of Vernon which are comparable to
and do not exceed the best rates offered to other governmental entities in and around Los Angeles
County for the same services. For satisfactory and timely performance of the services, the City will pay
Contractor in accordance with the payment schedule set forth in Exhibit "C" attached hereto and
incorporated herein by reference.
5.2 Contractor's grand total compensation for the entire term of this Contract, including
change orders, shall not exceed [state amount] without the prior authorization of the City Council and
written amendment of this Contract.
5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental
labor, material, supplies, facilities, equipment, and transportation which may be required for furnishing
services pursuant to this Contract. Materials shall be of the highest quality. The above Contract fee shall
include all staff time and all clerical, administrative,
overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs
and expenses.
5.4 City shall reimburse Contractor only for those costs or expenses specifically
approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise
approved, such costs shall be limited and include nothing more than the following costs incurred by
Contractor:
5.4.1 The actual costs of subcontractors for performance of any of the
services that Contractor agrees to render pursuant to this Agreement, which have been approved in
advance by City and awarded in accordance with this Agreement.
5.4.2 Approved reproduction charges.
5.4.3 Actual costs and/or other costs and/or payments specifically authorized in
advance in writing and incurred by Contractor in the performance of this Agreement.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
5.5 Contractor shall not receive any compensation for extra work performed without
the prior written authorization of City. As used herein, "extra work" means any work that is determined by
City to be necessary for the proper completion of the Project, but which is not included within the Scope
of Services and which the parties did not reasonably anticipate would be necessary at the time of
execution of this Agreement. Compensation for any authorized extra work shall be paid in accordance
with the payment schedule as set forth in Exhibit "C," if the extra work has been approved by the City.
5.6 Licenses Permits Fees, and Assessments. Contractor shall obtain, at
Contractor's sole cost and expense, such licenses, permits, and approvals as may be required by law for
the performance of the services required by this Agreement. Contractor shall have the sole obligation to
pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed
by law and which arise from or are necessary for the performance of the Services by this Agreement.
6.0 PAYMENT.
6.1 As scheduled services are completed, Contractor shall submit to the
City an invoice for the services completed, authorized expenses, and authorized extra work actually
performed or incurred according to said schedule.
6.2 Each such invoice shall state the basis for the amount invoiced, including
a detailed description of the services completed, the number of hours spent, reimbursable
expenses incurred and any extra work performed.
6.3 Contractor shall also submit a progress report with each invoice that
describes in reasonable detail the services and the extra work, if any, performed in the
immediately preceding calendar month.
6.4 Contractor understands and agrees that invoices which lack sufficient detail to
measure performance will be returned and not processed for payment.
6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City
approves the invoice.
6.6 Payment of such invoices shall be payment in full for all services,
authorized costs, and authorized extra work covered by that invoice.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
7.0 CHANGE ORDERS. MUST SELECT AN ALTERNATIVE AND REMOVE THE
LANGUAGE OF ALTERNATIVE NOT SELECTED. [alternative A] There is no change order authority
provided in this Contract. [alternative B] The Director of the Department of [identify department]
shall have the authority to issue change orders for administrative and non -material changes to the scope
of services and to the time for performance as long as the change orders do not increase the
compensation due to Contractor under this Contract and as long as the time is not extended beyond
three years. The City Administrator, shall have the authority to issue administrative change orders to
increase the compensation due to Contractor under this Contract, but the combined total amount of such
change orders shall not exceed [insert amount].
8.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably
necessary for Contractor to perform its services; and will give any required decisions as promptly as
practicable so as to avoid unreasonable delay in the progress of Contractor's services.
9.0 COORDINATION OF SERVICES. Contractor agrees to work closely with City staff in the
performance of Services and shall be available to City's staff, consultants, and other staff at all
reasonable times.
9.1 INDEMNITY. Contractor agrees to indemnify City, its officers, elected officials, employees
and agents against, and will hold and save each of them harmless from, any and all actions, suits,
claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or
liabilities (herein "claims or liabilities"), including but not limited to professional negligence, that may be
asserted or claimed by any person, firm or entity arising out of or in connection with the work, operations
or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or
arising from the acts or omissions of Contractor hereunder, or arising from Contractor's performance of
or failure to perform any term, provision, covenant or condition of this Agreement, except to the extent
such claims or liabilities arise from the gross negligence or willful misconduct of City, its officers, elected
officials, agents or employees.
9.2 INSURANCE. [TO BE COMPLETED BY FINANCE]
10.0 GENERAL TERMS AND CONDITIONS.
10.1 INDEPENDENT CONTRACTOR.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
10.1.1 It is understood that in the performance of the services herein
provided for, Contractor shall be, and is, an independent contractor, and is not an agent, officer or
employee of City and shall furnish such services in its own manner and method except as required by
this Contract, or any applicable statute, rule, or regulation. Further, Contractor has and shall retain the
right to exercise full control over the employment, direction, compensation and discharge of all persons
employed by Contractor in the performance of the services hereunder. City assumes no liability for
Contractor's actions and performance, nor assumes responsibility for taxes, bonds, payments, or other
commitments, implied or explicit, by or for Contractor. Contractor shall be solely responsible for, and
shall indemnify, defend and save City harmless from all matters relating to the payment of its employees,
subcontractors and independent contractors, including compliance with social security, withholding and
all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
10.1.2 Contractor acknowledges that Contractor and any subcontractors,
agents or employees employed by Contractor shall not, under any circumstances, be considered
employees of the City, and that they shall not be entitled to any of the benefits or rights afforded
employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees
Retirement System benefits, or health, life, dental, long-term disability or workers' compensation
insurance benefits.
10.2 CONTRACTOR NOT AGENT. Except as the City may authorize
in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf
of or bind the City in any capacity whatsoever as agents or otherwise.
10.3 OWNERSHIP OF WORK. All documents and materials furnished by the City to
Contractor shall remain the property of the City and shall be returned to the City upon termination of this
Agreement. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts,
studies, memoranda, computation sheets, and other documents prepared by Contractor in furtherance of
the work shall be the sole property of City and shall be delivered to City whenever requested at no
additional cost to the City. Contractor shall keep such documents and materials on file and available for
audit by the City for at least three (3) years after completion or earlier termination of this Contract.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
Contractor may make duplicate copies of such materials and documents for its own files or for such other
purposes as may be authorized in writing by the City.
10.4 CORRECTION OF WORK. Contractor shall promptly correct any defective,
inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to
the City. The performance or acceptance of services furnished by Contractor shall not relieve the
Contractor from the obligation to correct subsequently discovered defects, inaccuracy, or
incompleteness.
10.5 RESPONSIBILITY FOR ERRORS. Contractor shall be responsible for its work and
results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation
as may be required by the City, regarding any services rendered under this Agreement at no additional
cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall,
at no cost to City, provide all necessary design drawings, estimates and other Contractor professional
services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in
any meeting required with regard to the correction.
10.6 WAIVER. The City's waiver of any term, condition, breach, or default of this
Contract shall not be considered to be a waiver of any other term, condition, default or breach, nor of a
subsequent breach of the one waived. The delay or failure of either party at any time to require
performance or compliance by the other of any of its obligations or agreements shall in no way be
deemed a waiver of those rights to require such performance or compliance. No waiver of any provision
of this Agreement shall be effective unless in writing and signed by a duly authorized representative of
the party against whom enforcement of a waiver is sought.
10.7 SUCCESSORS. This Contract shall inure to the benefit of, and shall be binding
upon, the parties hereto and their respective heirs, successors, and/or assigns.
10.8 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract
or any rights hereunder without the prior written consent of the City and approval by the City Attorney,
which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null
and void and shall constitute a material breach by the Contractor of its obligations under this Contract.
No assignment shall release the original parties from their obligations or otherwise constitute a novation.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
10.9 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal,
State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time,
incorporated herein and applicable to the performance hereof, including but without limitation, the Vernon
Living Wage Ordinance. Violation of any law material to performance of this Contract shall entitle the City
to terminate the Contract and otherwise pursue its remedies. Further, if the Contractor performs any work
knowing it to be contrary to such laws, rules, and regulations Contractor shall be solely responsible for all
costs arising therefrom.
10.10 ATTORNEY'S FEES. If any action at law or in equity is brought to
enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable
attorney's fees, costs, and necessary disbursements in addition to any other relief to which such
party may be entitled.
10.11 INTERPRETATION.
10.11.1 Applicable Law. This Contract shall be deemed a contract and shall
be governed by and construed in accordance with the laws of the State of California. Contractor agrees
that the State and Federal courts which sit in the State of California shall have exclusive jurisdiction over
all controversies and disputes arising hereunder, and submits to the jurisdiction thereof.
10.11.2 Entire Agreement. This Contract, including any exhibits attached
hereto, constitutes the entire agreement and understanding between the parties regarding its subject
matter and supersedes all prior or contemporaneous negotiations, representations, understandings,
correspondence, documentation, and agreements (written or oral).
10.11.3 Written Amendment. This Contract may only be changed by written
amendment signed by Contractor and the City Administrator or other authorized representative of the
City, subject to any requisite authorization by the City Council. Any oral
representations or modifications concerning this Contract shall be of no force or effect.
10.11.4 Severability. If any provision in this Contract is held by any court of
competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed
from this Contract, and the remaining provisions shall nevertheless
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never
been part of this Contract.
10.11.5 Order of Precedence. In case of conflict between the terms of this
Contract and the terms contained in any document attached as an Exhibit or otherwise incorporated by
reference, the terms of this Contract shall strictly prevail. The terms of the City's Request for Proposals
shall control over the Contractor's Proposal.
10.11.6 Duplicate Originals. There shall be two (2) fully signed
copies of this Contract, each of which shall be deemed an original.
10.11.7 Construction. In the event an ambiguity or question of intent or
interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted
jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of
proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this
Agreement.
10.12 TIME OF ESSENCE. Time is strictly of the essence of this contract and
each and every covenant, term, and provision hereof.
10.13 AUTHORITY OF CONTRACTOR. The Contractor hereby represents
and warrants to the City that the Contractor has the right, power, legal capacity, and authority to enter
into and perform its obligations under this Contract, and its execution of this Contract has been duly
authorized.
10.14 ARBITRATION OF DISPUTES. Any dispute for under $25,000
arising out of or relating to the negotiation, construction, performance, non-performance,
breach, or any other aspect of this Contract, shall be settled by binding arbitration in accordance with the
Commercial Rules of the American Arbitration Association at Los Angeles, California
and judgment upon the award rendered by the Arbitrators may be entered in any court having
jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim
filed or required to be filed against the City and reserves the right to conduct full discovery.
10.15 NOTICES. Any notice or demand to be given by one party to the other
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must be given in writing and by personal delivery or prepaid first-class, registered or certified mail,
addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate
notice.
If to the City:
City of Vernon
Attention:
4305 Santa Fe Avenue
Vernon, CA 90058
If to the Contractor:
Any such notice shall be deemed to have been given upon delivery, if personally
delivered, or, if mailed, upon receipt, or upon expiration of three (3) business days from the date of
posting, whichever is earlier. Either party may change the address at which it desires to receive notice
upon giving written notice of such request to the other party.
10.16 NO THIRD PARTY RIGHTS. This Agreement is entered into for the sole benefit of
City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this
Agreement and no third party shall have any right or remedy in, under, or to this Agreement.
10.17 TERMINATION FOR CONVENIENCE (Without Cause). City may
terminate this Contract in whole or in part at any time, for any cause or without cause, upon fifteen (15)
calendar days' written notice to Contractor. If the Contract is thus terminated by City for reasons other
than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on
the services satisfactorily completed and accepted prior to the effective date of termination. Such
payment shall be Contractor's exclusive remedy for termination without cause.
10.18 DEFAULT. In the event either party materially defaults in its obligations
hereunder, the other party may declare a default and terminate this Contract by written notice to the
defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless
such default is cured before the effective date of termination stated in such notice, which date shall be no
sooner than ten (10) days after the date of the notice. In case of default by Contractor, the City reserves
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
the right to procure the goods or services from other sources and to hold the Contractor responsible for
any excess costs occasioned to the City thereby. Contractor shall not be held accountable for additional
costs incurred due to delay or default as a result of Force Majeure. Contractor must notify the City
immediately upon knowing that non-performance or delay will apply to this Contract as a result of Force
Majeure. At that time Contractor is to submit in writing a Recovery Plan for this Contract. If the Recovery
Plan is not acceptable to the City or not received within 10 days of the necessary notification of Force
Majeure default, then the city may cancel this order in its entirety at no cost to the City, owing only for
goods and services completed to that point.
10.19 TERMINATION FOR CAUSE. Termination for cause shall relieve the terminating
party of further liability or responsibility under this Contract, including the payment of money, except for
payment for services satisfactorily and timely performed prior to the service of the notice of termination,
and except for reimbursement of (1) any payments made by the City for service not subsequently
performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute
performance. If this Agreement is terminated as provided herein, City may require, at no additional cost
to City, that Contractor provide all finished or unfinished documents, data, and other information of any
kind prepared by Contractor in connection with the performance of Services under this Agreement.
Contractor shall be required to provide such document and other information within fifteen (15) days of
the request.
10.19.1 Additional Services. In the event this Agreement is terminated in whole or
in part as provided herein, City may procure, upon such terms and in such manner as it may determine
appropriate, services similar to those terminated.
10.20 MAINTENANCE AND INSPECTION OF RECORDS.
The City, or its authorized auditors or representatives, shall have access
to and the right to audit and reproduce any of the Contractor's records to the extent the City deems
necessary to insure it is receiving all money to which it is entitled under the Contract
and/or is paying only the amounts to which Contractor is properly entitled under the Contract or
for other purposes relating to the Contract.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
The Contractor shall maintain and preserve all such records for a period of at least
three (3) years after termination of the Contract.
The Contractor shall maintain all such records in the City of Vernon. If not, the
Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City
for all reasonable and extra costs incurred in conducting the audit at a location other than the City of
Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries,
private auditors, travel, lodging, meals, and overhead.
10.21 CONFLICT. Contractor hereby represents, warrants, and certifies that no
member, officer, or employee of the Contractor is a director, officer, or employee of the City of Vernon, or
a member of any of its boards, commissions, or committees, except to the extent permitted by law.
10.22 HEADINGS. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or accurate
description of the content thereof and shall not in any way affect the meaning or interpretation of this
Agreement.
10.23 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.
10.24 LIVING WAGES [AND PREVAILING WAGES WHERE APPLICABLE]. IF
PREVAILING WAGES DOES NOT APPLY MAKE SURE TO REMOVE HIGHLIGHTED LANGUAGE
BELOW PRIOR TO SUBMITTING FOR APPROVAL. Contractor, and any Subcontractor(s), shall
comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in
Exhibit "D". Upon the City's request, certified payroll records shall promptly be provided to the
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
City. [FOR PUBLIC WORKS AND RELATED CONTRACTS THE FOLLOWING PROVISIONS MUST BE
ADDED] The provisions of California Labor Code 1770, et seq., regarding the payment of prevailing
wages on public works, and related regulations, apply to all City contracts. In addition, the selected
consultant and/or any subcontractor must be currently registered and qualified (including payment of any
required fee) with the State Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the State Department of Industrial
Relations. If Living Wage Provisions and Prevailing Wage provisions should both apply to this Contract,
Contractor and all of its Subcontractors shall pay the higher of the applicable wages to the extent
required by law.
10.25 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and
represents that, during the performance of this Contract, it and any other parties with whom it may
subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees
and recipients of service are treated equally and are not discriminated against because of their race,
religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or
marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor
further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in
Exhibit "E".
[Signatures Begin on Next Page].
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
IN WITNESS WHEREOF, the Parties have signed this Agreement as of the Commencement
Date stated on the cover page.
City of Vernon, a California charter City [CONTRACTOR'S NAME, a [State
and California municipal corporation incorporated in] corporation
By: By:
[Insert Name and Title] Name:
Title:
ATTEST:
By:
Name:
Maria E. Ayala, City Clerk Title:
APPROVED AS TO FORM:
Hema Patel, City Attorney
Page 126
VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
EXHIBIT A
REQUEST FOR PROPOSALS
Page 127
VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
EXHIBIT B
PROPOSAL
Page 128
VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
EXHIBIT C
SCHEDULE
Page 129
VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
EXHIBIT D
LIVING WAGE PROVISIONS
Minimum Living Wages:
A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with
health benefits, or $11.55 per hour without health benefits.
Paid and Unpaid Days Off:
Employers provide qualifying employees at least twelve compensated days off per year for sick leave,
vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave.
No Retaliation:
A prohibition on employer retaliation against employees complaining to the City with regard to the
employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court
against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel
City officials to terminate the service contract of violating employers.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
EXHIBIT E
EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES PROVISIONS
A. Contractor certifies and represents that, during the performance of this Agreement, the contractor
and each subcontractor shall adhere to equal opportunity employment practices to assure that
applicants and employees are treated equally and are not discriminated against because of their
race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further
certifies that it will not maintain any segregated facilities.
B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment
placed by or on behalf of Contractor, state that it is an Equal Opportunity Employer or that all
qualified applicants will receive consideration for employment without regard to their race, religious
creed, color, national origin, ancestry, handicap, sex or age.
C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the
performance of this Agreement, discriminated against applicants or employees because of their
membership in a protected class.
D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its
awarding authority, provide copies of all of its records pertaining or relating to its employment
practices, except to the extent such records or portions of such records are confidential or privileged
under state or federal law.
E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any
act which is prohibited by law.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
EXHIBIT C
PROGRAMMING
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
The following table indicates the VPU's design program with the estimated areas for each room
per floor. The number of floors and square footage necessary for the programming should be
modified based on the DBE's design concept and efficiencies.
First Floor
Programming
Use
Estimated usable area
sf
Estimated gross area
sf
Lobby
Public
600
840
7 employee offices / work areas
Administrative
840
1,176
Technology/training/multi-
purpose room for 100+
Public
1,500
2,100
Library
Public
1,500
2,100
Food Retail
Public
1,500
2,100
Kitchen/Break Room
Public
1,500
2,100
Restrooms
Public
750
1,050
Large Conference Room 50+
Public
2,000
2,800
Second Floor
17 employee offices / work
areas
Administrative
2,040
2,856
Conference room A
Public
1,200
1,680
Conference room B
Public
1,200
1,680
Restrooms
Administrative
750
1,050
Gym with restrooms and
shower
Administrative
2400
3,360
Kitchen / Break room
Administrative
500
700
Third Floor
30 employee offices / work
areas
Administrative
3,600
5,040
Conference Room
Public
600
840
Restrooms
Administrative
750
1,050
Gym with restrooms and
shower
Administrative
2,400
3,360
Kitchen / Breakroom
Administrative
500
700
Page 133
VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
EXHIBIT D
SCOPE OF SERVICES
Page 134
VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
Scope of Services
1. General Services
The Design- Build Entity (DBE) will perform the Work in accordance with the RFQ, the RFP,
the Agreement, the Proposal, and other documents referenced or provided in the listed
documents. The final design and construction must provide all Work included in the
RFQ/RFP documents. The Scope of Services for the Project includes all disciplines
necessary to completely design and construct the Project, including without limitation, all on -
site and off -site work. The DBE shall provide all customary services normally provided under
the umbrella of the design -build method of project delivery, including, but not limited to, the
following services:
a. Provide full design services. Develop civil, landscape, architectural, structural,
mechanical, acoustical, plumbing, electrical, fire sprinkler, fire alarm, security,
telephone/data, audio/visual, and signage final Construction Documents for the site
and offsite components of the project.
b. Prepare and secure approval of Grading Plan, Fire Master Plan, Fire Department
Access Plan, Parking Plan, Water Quality Management Plan (WQMP), Low Impact
Development (LID) Plan, and Storm Water Pollution Prevention Plan (SWPPP).
c. Provide submissions as required for review and approval by various City
Departments.
d. Apply for and secure all required agency approvals and permits including: all City
permits, such as demolition, grading, building, mechanical, electrical, plumbing,
encroachment; WQMP permits and Permit Registration Documents (PRDs) required
for submission to the State Regional Water Quality Control Board; and other
jurisdictional agency permits. All related code compliance and administration is the
responsibility of the DBE.
e. The City has provided a Boundary Survey (Exhibit E) and a Geotechnical
Investigation Report (Exhibit F). The DBE shall be responsible to provide any
additional testing, investigation, and/or reports required for the Work. DBE shall
provide site survey for design and construction.
f. The Project -required demolition shall include hazardous material abatement, removal
and replacement of site utilities and appurtenances, and other improvements within
the Limits of Work.
g. The DBE shall provide all construction, procurement, scheduling, estimating, value
engineering, general contracting, building commissioning, project closeout, and
warranty services. The completed Project shall be a fully furnished and functioning
facility.
h. The DBE shall construct the Project so the Project is substantially complete and
suitable for occupancy as evidenced by the City's Notice of Substantial Completion. In
addition, the DBE shall complete all punch list items, submission of documents, and
any other necessary items to complete all Work, as evidenced by a Notice of Final
Completion by the City.
i. During all phases of work, DBE shall collaborate with the City staff.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
2. Phases of Work
DBE shall submit the In -Progress Drawings and Specifications for the Project for review and
approval in accordance with the following schedule. The Descriptions herein are the
minimum requirements for the submittal noted. The City encourages the use of Building
Information Modeling (BIM) in this project to provide a fully coordinated, consistent model of
all discipline's detailed design work.
In addition to In -Progress Drawings and Specification Submittals, Cost Estimate/Project
Budget Submittals are required at each milestone listed below. Submission of Schedule shall
comply with the requirements noted in the RFP. Within 10 days after notification of award,
the DBE shall prepare and submit a Design -Build Schedule for the design phase of the
Work, both in hard copy and electronically for the City's approval. The contract time for
completion of the design shall include adequate time for City review and final approval. The
design schedule shall include a program verification and conceptual design phase, and City
review, backcheck and final approval phase.
Within ten (10) days of starting the Schematic Design Phase, the DBE shall prepare and
submit a Preliminary Design -Build Construction Schedule, both in hard copy and
electronically for the City's approval. The Design -Build Construction Schedule shall include a
Submittal Schedule. After completion of the Design Development drawings, the DBE shall
prepare and submit a detailed Design -Build Construction Schedule, both in hard copy and
electronically, for the City's approval. The Design -Build Construction Schedule shall
establish the baseline construction schedule and shall include a Submittal Schedule with
material procurement information. Upon approval of the construction schedule, the DBE shall
proceed with the construction of the project in accordance with the approved schedule. The
construction schedule include a construction phase, commissioning phase, Substantial
Completion Milestone, close out phase and Final Completion Milestone.
A. Programming/Conceptual Design Documents
The DBE shall attend a kickoff meeting with the City to initiate and maintain a
collaborative partnering process throughout the Project and to discuss the programming,
project objectives, procedures, and requirements. The kickoff meeting shall include all
key team members of the DBE.
For the Conceptual Design Phase as well as the subsequent phases of Schematic
Design, Design Development, and Construction Documents, the DBE shall provide
written impact evaluations of any variance to the City's project criteria, provide any
recommended alternative approaches to design and construction of the project, and a
copy of each phase of Design Documents in a reproducible format.
B. Schematic Design Documents
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
Upon receipt of approval by the City of the Conceptual Design Documents, the DBE shall
prepare, for written approval by the City, Schematic Design Documents for the Project,
which shall include:
1) Site plans, floor plans, elevations, sections, small scale floor plans with room numbers
and ASF, and other sketches or graphic materials needed to describe the Project in three
dimensions;
2) Descriptive outline Specifications indicating proposed architectural, structural,
mechanical, plumbing, electrical, civil, landscape and irrigation systems and materials,
and other systems and materials to be used on the Project;
3) A "basis of design" narrative and supporting documentation for the design criteria for
the structural elements, HVAC, plumbing, electrical, lighting and communication systems
and other specialized building systems; and
4) A preliminary digital representation of physical and functional characteristics of the
project. The DBE is encouraged to include a Building Information Model (BIM)
representing the architectural, structural, MEP, and site utility design of the Project.
Preliminary renderings from three exposures are required with the Schematic Design
submittal.
C. Design Development Documents
Upon receipt of approval by the City of the Schematic Design Documents, the DBE shall
prepare, for written approval by the City and CM, Design Development Documents for the
Project, which shall include drawings, outline specifications, and updated design
narratives as needed to establish and describe the size and character of the Project. The
DBE shall incorporate into the Design Development Documents architectural, structural,
mechanical, plumbing, electrical, civil, landscape and irrigation systems, materials, and
such other elements and systems appropriate to the Project. The City encourages the
DBE to submit an electronic copy of a BIM model and include a BIM `Walk Through' as
part of the Design Development phase. Final renderings from three exposures are
required with the Design Development Submittal.
D. Construction Documents
Upon receipt of approval by the City of the Design Development Documents, the DBE
shall prepare for written approval by the City, Construction Documents for the Project.
The DBE shall submit the Construction Documents at the following points in time:
1) 50% completion;
2) 90% completion (plan check set); and
3) 100% completion (permit set).
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
Upon completion of the 90% CDs or sooner as may be appropriate for the Project and
confirmed by the City, the DBE shall prepare and submit Bid Packages for review and
approval by the City. The Construction Documents shall not be considered Final
Construction Documents until all approvals by the City and Governmental Authorities
have been obtained by the DBE. Each submittal required by this paragraph shall include
a summary of the calculations for the structural, HVAC, electrical, plumbing,
communications and other specialized building systems.
E. Constructability and Coordination Reviews
Once every two weeks until each permit package is completed and project construction
documents are complete, the DBE shall meet with the City to coordinate the Construction
Documents, including design of building systems, to continue construction feasibility,
identify conflicts, missing information or gaps in the planned Work and to take appropriate
action to ensure the full scope of the intended Work is performed efficiently.
2.2 Construction Phase
DBE shall be responsible for the following scope of services during construction:
A. Duties of the Awarded DBE
It is the responsibility of the DBE to schedule and coordinate the construction work. The
DBE shall not perform work without construction documents and , when required,
approved shop drawings, product data, samples, or mockups for such portions of the
work.
The DBE shall coordinate the work of all its Subcontractors. The DEB shall be fully
responsible for the safety of workers, material, and equipment, as well as public safety
relative to the Work, at all times during construction.
B. Project Management and Supervision
The DBE shall employ sufficient personnel and management to complete the Work for
the Project. The DPE shall employ a competent superintendent who shall be on site full
time during the progress of the work. The DBE shall employ a Project Manager (PM) who
shall represent the DBE and all communications given to the PM shall be as binding as if
given to the DBE. The DBE PM shall maintain involvement on the project throughout the
course of construction. The DBE shall provide any additional personnel necessary for
supervision and management of the work.
C. Schedule
The DBE's baseline master schedule shall be submitted, reviewed and approved by the
City prior to start of Construction. DBE shall provide monthly updates to the Master
Schedule and submit as part of the monthly progress payment applications. In addition,
DBE shall provide a 4-week look -ahead schedule at each weekly construction meeting.
Page ! 38
VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
D. Communications
The DBE shall forward all communications to the Director of Public Works. Internal DBE
communication regarding RFIs and Submittals shall be made available to the Director of
Public Works.
E. Use of Site
The DBE shall coordinate all of its operations with the City. DBE shall be responsible for
all site security, and provide protection of materials, tools, and equipment on the Project,
The DBE shall employee such security services as may be necessary to properly protect
and safeguard the work.
DBE shall maintain protection of the site as necessary to prevent accidents, injuries or
damage. DBE shall provide temporary fencing around the entire perimeter of the project
site. DBE is to protect the site from graffiti during construction and provide graffiti removal
within 24 hours. Offensive and/or extensive graffiti must be removed immediately.
DBE shall secure all building permits and special permits for the work.
F. Project Records and Document Control
DBE shall maintain the following reports and records at the site and electronically on a
shared web -based system: construction plans, specifications, master schedule, daily logs
of work progress and manpower, submittals (including shop drawings, product data, and
submittal log), RFIs (including RFIs, the responses to RFIs and RFI log), contracts,
change orders, invoices (which shall include the DBE's payment applications and upon
request by the City any material, equipment, and subcontractor invoices), releases,
Contractor and Subcontractor IIPPs, SWPPP, and SWPPP inspections. Submittal
samples and mockups shall be maintained on -site. As -built drawings shall be updated on
a monthly basis or more frequently as appropriate.
G. Preconstruction Kickoff Meeting
DBE shall conduct a Preconstruction Kickoff Meeting. The discussion shall include the
following items:
1. Contracts, Insurance, and Bonds.
2. Designation of Personnel.
3. Construction Schedules Contract Duration, NTP.
4. Working Hours.
5. List of Subcontractors
6. Submission and Process for RFIs and Submittals
7. Drawings and bulletins
8. Progress payments, schedule of values, as-builts
9. Labor compliance and prevailing wage
10. Permits, Parking and Staging
11. Procedures for testing and inspection
12. SWPPP
13. LID
14. Utility coordination
Page 139
VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
15. Schedule of weekly Construction Meetings.
H. Weekly Construction Meetings
DBE shall attend weekly meetings to discuss matters relevant to the construction of the
Project. The DBE shall preside at the meetings; prepare and distribute a 4-week look
ahead schedule, logs for RFls, and submittals. Attendance is required of the DBE's
Superintendent, Project Manager, and Project Architect ( and major subcontractors or
consultants as relevant).
DBE shall prepare all submittals including shop drawings, product data, samples and
mockups. DBE's design team shall be responsible for review and approval of submittals.
However, DBE shall provide copies of all submittals to the Director of Public Works for
City's review. The DBE shall ensure that all submittals are in compliance with the City's
Project Criteria and the Contract Documents. Any Substitution requests shall be
presented to the City's Director of Public Works for the City's review and approval as well
as the DBE design team's review and approval. Mockups shall be provided for City
review and approval including mockups for the exterior assembly, concrete flat work, and
others as appropriate.
J. Means and Methods
The DBE shall be responsible for all construction means, methods, techniques,
sequences or procedures in the performance of the work. DBE shall arrange for the
storage and protection of materials.
K. Startup and commissioning
The DBE shall provide all startup, testing, and balancing of equipment. DBE shall also
provide all commissioning for the project.
L. Training of City Employees
The DBE shall provide all training of the City employees in the use, operation, and
maintenance of systems, material, and equipment. DBE shall video the training sessions
and provide a copy of the video to the City.
M. Close Out Documents
Provide all close out documents in both hard copy and electronic copy, as required by the
City, including all guarantees and/or warranties, operation and maintenance manuals, a
complete full-size bond set of as -built drawings, complete, bound as -built specifications,
hard copy of as -built structural and all other engineering calculations, all revised to
include recorded construction changes. All changes in the specifications shall be itemized
on a duplicating master, and the master submitted to the City. All addenda/changes shall
be incorporated in these documents. All as -built drawings will comply with City standards,
unless otherwise approved in writing by the City.
N. Maintenance and Warranty Walk
After the City issues the Final Completion and acceptance of the landscape and irrigation
work, a ninety (90) day "landscape maintenance period and a one (1) year building and
Page 140
VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
site warranty period will commence. The DBE shall replace any plants and trees that die
of are diseased during the landscape maintenance period, replace any tree that die
during the one year warranty period and repair or replace any warranty items.
O. The DBE will attend a walk of the entire sire with the City approximately 300 days after
the start of the warranty period to review the conditions of the project for any potential
warranty items. The Director of Public Works will prepare and "300-Day Punch List" that
itemizes any warranty repairs items. The DBE will be responsible to repair these items.
3. Permits and Approvals
The DBE shall take all steps necessary to submit applications and promptly secure all
approvals and permits by the City and other jurisdictional agencies for the completed
Construction Documents and for the entire work. The DBE shall furnish copies of all permits
to the City.
Page 141
VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
EXHIBIT E
BOUNDARY SURVEY
Page 142
VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
EXHIBIT F
GEOTECHNICAL REPORT
Page 143
STAFF REPORT
NOV 3 0 2017 s, e`r `NOJ
� NOV 2 9 2017
CITY CLERK'S OFFICE STAFF REPORT CITY ADMINISTRATION
PUBLIC WORKS DEPARTMENT
DATE: December 5, 2017
TO: Honorable Mayor and City Council
FROM: Daniel Wall, Director of Public Works Department
RE: Adoption of a Resolution Authorizing the use of the Design -Build Capital
Project Delivery Method for the VPU Office Building
Recommendation
A. Find that adoption of the Resolution is exempt from California Environmental Quality
Act ("CEQA") review, because approving the method by which a contractor will be
selected is an administrative activity that will not result in direct or indirect physical
changes in the environment and therefore does not constitute a "project" as defined by
CEQA Guidelines Section 15378; and
B. Adopt a Resolution of the City Council of the City of Vernon, California, Authorizing the
use of the Design -Build Capital Project Delivery Method for the VPU Office Building.
Background
State law allows public agencies to procure construction services using a design -build method
instead of the more traditional design -bid -build process.
Design -Build contracts combine professional design services and construction services into a
single contract with one vendor or team of vendors. This method has been popular in the private
section for decades, but is still relatively new in the public sector. This method is best suited to
larger building projects such as the Vernon Public Utilities Office Building.
The Advantages to using the design -build process include:
• Greater flexibility in the contract award process.
• A single point of accountability (eliminates finger -pointing between designer and
contractor).
• Higher quality construction work.
• Fewer change orders.
• Fewer claims.
Page 1 of 3
• Faster project completion.
• Lower project cost.
• Greater cost certainty.
• More opportunity for innovation.
The Design -Build method is not explicitly sanctioned in Vernon's Competitive Bidding and
Purchasing Ordinance (VMC Chapter 2, Article IV); however VMC 2.17.06 contemplates the
use of a two -stage design -build selection process by requiring a resolution adopted by the City
Council to set forth "additional procedures" for review and selection.
The Design -Build process being proposed is a two-step Request for Qualifications (RFQ) —
Request for Proposals (RFP) process. In this process, the qualifications obtained through the
RFQ are evaluated in order to prequalify (short-list) proposers. Prequalified proposers are then
issued the RFP. The proposals received will then be evaluated on a competitive best value basis.
It is contemplated that the VPU Building will be constructed using the Design -Build process
with a stipulated total cost. In a stipulated cost process, all short-list proposers are using the same
total project cost, and so there is no lowest bidder. Since the lowest bid is no longer a
consideration in the evaluation of the proposals, the Resolution being considered establishes the
"additional procedures" to be used to award the Design -Build Contract. The "additional
procedures" as explicitly stated in the RFP for this project are an evaluation of each proposal
based on the following weighted criteria:
1. Design Concept (75%)
1.1. Overall Design of the Public Facilities — The degree by which the overall project
concept and design addresses the project objectives and:
i. Provides a modern and efficient Vernon Public Utilities Office Building;
H. Provides welcoming, service -oriented spaces that, are convenient for
customers and enhance the delivery of customer service and public
interaction;
iii. Provides interaction areas designed for collaboration and engagement; and
iv. Provides a design that evokes a quality image and creates a sense of public
place.
1.2.Overall Flexibility and Functionality of the Facilities
i. The degree by which the design of the building will create spaces that can
accommodate the City's programmatic needs in both the short term and
long term; and
ii. Is efficient and allows flexible design layouts and growth.
1.3. Interactive Public Space Requirements — The degree by which the overall design
creates civic areas for the public and for events.
1.4 Sustainability — Evaluation of the Design Build Entity, (DBE)'s proposed
sustainability features for the building. Baseline minimum is LEED Gold equivalent.
Page 2 of 3
2. Project Management Plan (15%)
2.1. The Degree to which the DBE's submittal presents a robust and credible approach to
the efficient and safe implementation of the project, including:
i. A demonstrated understanding of the organizational needs of the Project
through:
a. Presentation of an approach to successfully perform concurrent
streams of design work through effective project management and
lines of communication; and
b. Provision of a comprehensive organizational structure demonstrating
an ability to successfully execute the Project through a coordinated
and well -planned approach to organizing design, construction, and
O&M Services.
2.2. The degree to which the Submittal contemplates a logical and credible approach to
construction scheduling and sequencing including:
i. A clear and detailed description of a proposed sequence of construction
that presents a logical order for the implementation of the Project;
ii. Presentation of a Project schedule that sets forth aggressive but realistic
time frames for the completion of the Design and Construction Work.
3. "Wow" factor (10%)
Something that goes beyond what is expected. Examples include, but are not limited
to: additional amenities & functions, creative integration of public art and/or
Vernon's heritage/culture.
It is recommended that the City Council adopt the Resolution authorizing the use of the Design -
Build Capital Project Delivery method for VPU Office Building. The proposed Resolution has
been approved as to form by the City Attorney's office.
Fiscal Impact
There is no fiscal impact to the City by Adopting the proposed Resolution.
Attachment(s)
1. Proposed Resolution
Page 3 of 3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AUTHORIZING THE USE OF THE DESIGN -BUILD
CAPITAL PROJECT DELIVERY METHOD FOR THE VERNON
PUBLIC UTILITIES OFFICE BUILDING
WHEREAS, the City of Vernon (the "City"), is a municipal
corporation and a chartered city of the State of California organized
and existing under its Charter and the Constitution of the State of
California; and
WHEREAS, California State law allows public agencies to
procure construction services using a design -build method, instead of
the more traditional design -bid -build process; and
WHEREAS, design -build contracts combine professional design
services and construction services into a single contract with one
vendor or team of vendors; and
WHEREAS, this method has been popular in the private sector
for decades, but is still relatively new in the public sector and is
best suited to larger building projects, such as the Vernon Public
Utilities ("VPU") Office Building; and
WHEREAS, by memorandum dated December 5, 2017, the Director
of Public Works has recommended the authorization and use of a
two-step Request for Qualifications (attached hereto as Exhibit A and
incorporated herein by reference) ("RFQ") - Request for Proposals
(attached hereto as Exhibit B and incorporated herein by reference)
("RFP") process for the VPU Office Building (the "Design -Build Capital
Project Delivery Method"); and
WHEREAS, under the Design -Build Project Delivery Method, the
qualifications obtained through the RFQ will be evaluated in order to
prequalify (short-list) proposers, then pre -qualified proposers will
be issued the RFP, which responses shall be evaluated on a competitive
best value basis; and
WHEREAS, under the Design -Build Project Delivery Method, a
stipulated cost will be used, such that all pre -qualified proposers
will use the same total project cost (i.e., there will be no lowest
bidder), and since the lowest bid will not be a consideration in the
evaluation of the proposals, "additional procedures" will be
established in the RFP and used to award the design -build contract
here.
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 above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon finds
that this action is exempt under the California Environmental Quality
Act (CEQA), because approving the method by which a contractor will be
selected is an administrative activity that will not result in direct
or indirect physical changes in the environment and therefore does not
constitute a "project" as defined by CEQA Guidelines Section 15378.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Director of Public Works to use the Design -Build
Capital Project Delivery Method for the Vernon Public Utilities Office
Building.
- 2 -
SECTION 4: The City Clerk, or Deputy City Clerk, of the
City of Vernon shall certify to the passage, approval and adoption of
this resolution, and the City Clerk, or Deputy City Clerk, of the City
of Vernon shall cause this resolution and the City Clerk's, or Deputy
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 December, 2017.
ATTEST:
City Clerk / Deputy City Clerk
APPROVED AS TO FORM:
Brian Byun,
Senior Deputy City Attorney
Name:
Title: Mayor / Mayor Pro-Tem
- 3 -
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
I,
ss
City Clerk / Deputy City Clerk of the City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. , 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, December 5, 2017, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of December, 2017, at Vernon, California.
(SEAL)
City Clerk / Deputy City Clerk
- 4 -
EXHIBIT A
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CITY OF VERNON
REQUEST FOR QUALIFICATIONS
FOR
DESIGN -BUILD SERVICES
FOR THE
VERNON PUBLIC UTILITIES
OFFICE BUILDING PROJECT
at 2716 Leonis Blvd
Vernon, California
Release Date: December 6, 2017
VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR QUALIFICATIONS
The City of Vernon is requesting qualifications from design -build teams interested in providing the design,
construction, and commissioning for the Vernon Public Utilities Office Building Project (Project) to be
located at 2716 Leonis Blvd, Vernon, CA 91723.
Part A Pre -Qualification Questionnaire packages must be addressed and submitted to the City of
Vernon on or before 2:00 PM, January 15, 2018.
Part B Proposal packages from shortlisted pre -qualified applicants must be addressed and submitted to
the City of Vernon on or before 2:00 PM, March 1, 2018.
Part A and Part B packages are to be submitted to:
Daniel Wall, Director of Public Works
City of Vernon
c/o City of Vernon City Clerk's Office
4305 Santa Fe Avenue
Vernon, CA 90058
The Request for Qualifications (RFQ) is available for download from the City of Vernon website at:
http://www.cityofvernon.org/departments/public-works/off ice buiIding/
NOTICE OF PRE -QUALIFICATION REQUIREMENTS
Notice is hereby given that the City of Vernon has determined that all potential Proposers on this Project
must be pre -qualified, and the City's Review Committee will rank the pre -qualified entities to develop a
shortlist of the highest ranked pre -qualified Design -Build Entities (DBE). Entities on the shortlist will be
invited to submit a proposal in response to the Part B Request for Proposals (RFP). It is mandatory that
all entities who intend to submit a Part B Proposal fully complete the Part A Pre -Qualification
Questionnaire, provide all materials requested herein, and be selected and approved by the City of Vernon
as one of the shortlisted highest ranked pre -qualifying Design -Build Entities. No proposal will be accepted
from a DBE that has failed to comply with these requirements.
While it is the intent of the Part A Pre -Qualification Questionnaire to assist the City of Vernon in determining
a proposer's responsibility prior to its submission of the Part B Proposal of the RFP, neither the fact of pre -
qualification, nor any pre -qualification ranking, will preclude the City from a post -proposal consideration
and determination of whether a proposer has the quality, fitness, capacity, and experience to satisfactorily
perform the proposed work and has demonstrated the requisite qualifications.
MINIMUM BONDING REQUIREMENTS
The DBE, individually or as a team, must have the capacity to obtain performance and payment bonds for
the full value of the design -build project. Prospective DBEs that cannot provide bonding at that amount
will not be considered qualified even though they may be otherwise qualified.
1. INTRODUCTION AND PROJECT SUMMARY
1.1 INTRODUCTION
The City of Vernon (City) is utilizing the Design -Build method of project delivery for the Vernon
Public Utilities Office Building Project, herein referred to as "Project", which will be constructed at
2716 Leonis Blvd, Vernon, CA 91723. The City wishes to implement an approach that integrates
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR QUALIFICATIONS
people, systems, and practices into a process that collaboratively employs the expertise, creativity,
and insights of all participants to maximize efficiency through design and construction, optimize
project results, and deliver the best value to the community.
To best utilize this process, the City is providing instructions to the prospective Design -Build Entity
(DBE) regarding the project requirements. For purposes of this solicitation, the DBE is defined as
the entity that will be awarded a contract for the complete design and construction of the Project.
This Project shall comply with the requirements of the California Public Contract Code and other
provisions of State and Federal law applicable to this Project. Nothing in this RFQ and in the ensuing
Request for Proposals (RFP) is intended nor should it be interpreted as contravening the provisions
of these codes. The DBE shall be fully knowledgeable of, and shall comply with, the provisions of
Federal, State, and City law, rules and regulations applicable to this Project.
The Project -required demolition will include hazardous material abatement, removal and
replacement of site utilities and appurtenances, and other improvements within the Limits of Work.
Vernon Public Utilities Office Building
The Vernon Public Utilities (VPU) Office Building is envisioned to be approximately 36,600 square feet,
equipped with offices, conference rooms, gyms, a community meeting room, a training room, a kitchen
and break rooms. There will be an emphasis on maximizing the use of the facility by designing spaces for
multi -use and flexible sizing, and the maintenance, durability, and sustainability of the facility.
The Project will be funded using City of Vernon funds and has a maximum all-inclusive budget of $12
million.
Best Value with Stipulated Sum Award
The Project will be awarded to the selected DBE based on a "Best Value" evaluation pursuant to California
Public Contract Code Sections 22160 - 22169. The selection and award shall use a "Stipulated Sum"
approach for the price component, where the Stipulated Sum is included as a fixed price and will not be
scored for purposes of the RFP best value competition.
1.2 PROJECT DESCRIPTION AND SCOPE OF SERVICES
Project Description
The project is the construction of a new office building of approximately 36,6001 gross square feet
("GSF") which will consolidate the City's Public Utilities functions. The office building shall comply
with all applicable building codes, as well as requirements of all Federal, State, County, City and
other authorities.
The spaces for the administrative functions are to be developed with cost efficiencies and a moderate
degree of finishes in mind while the public areas are expected to have a higher quality degree of design
and finish elements. Importantly, the exterior architecture and design of the building should have a "civic"
character that most effectively reflects and promotes a positive City of Vernon image.
The project shall be designed to applicable codes and achieve a minimum of LEED Gold.
1 The actual size of these facilities will be determined through the efficiency of the building designed by the winning
Respondent.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR QUALIFICATIONS
Space Requirements
The following are the projected space requirements for each use':
Usable Area
Administrative Areas
(Square Feet)
Gross Area (Square Feet)
54 Offices/work stations
6480
9072
Restrooms
1500
2100
Gyms with Showers/Restrooms
4800
6720
Break Room/ Kitchen
500
700
Break Room/ Kitchen
500
700
Administrative Areas Total
13780
19292
Usable Area
Public Areas
(Square Feet)
Gross Area (Square Feet)
Lobby
600
840
Training/Multipurpose Room for 100
1500
2100
Library
1500
2100
Food Retail
1500
2100
Break Room/ Kitchen
1500
2100
Restrooms
750
1050
Large Conference Room A
2000
2800
Conference Room B
1200
1680
Conference Room C
1200
1680
Conference Room D
600
840
Public Areas Total
12350
17290
Total Administrative + Public
26130
36582
Project -related Site Improvements
Parking shall accommodate City vehicles, employees, elected officials, and visitors conducting business
with the City. Parking spaces provided shall be the greater of code required parking spaces, or 200 parking
spaces.
The Scope of Services also includes any essential site improvements necessary to support the Project.
Safety lighting and paths of travel from the parking area to the facility must be included as well as
pathways from the street to the facility for pedestrians visiting the Center. Necessary site improvements
may include storm drainage, sewer, water, electrical, gas (as necessary), and low voltage utilities;
hardscape; and other enhancements.
Project -related Landscaping
Landscaping as required by code and around the footprint of the Vernon Public Utilities Office Building
shall be provided. Landscaping shall be both aesthetically pleasing and sustainable.
Site Information
The City will provide the design -build team with a boundary survey and a geotechnical soils investigation
of the 2716 Leonis Blvd site with the RFP.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR QUALIFICATIONS
FF&E
The DBE will procure and install furniture, fixtures and equipment ("FF&E").
1.3 PROJECT BUDGET AND FUNDING BUDGET
The DBE's Contract Price shall be a Stipulated Sum of $12,000,000 for the full design and construction of
the Project (including FF&E). The Stipulated Sum reflects the City's maximum budget. The City's goal
is to establish a fair risk balance in the contract between the City and the DBE so that the DBE will receive
appropriate compensation for its work, and the City will achieve its goals for the Project within the
Stipulated Sum.
The Stipulated Sum includes all costs of the complete design, engineering, construction, subcontract work,
supervision, management, general conditions, overhead, bonds, insurance, taxes, compliance with all
applicable codes and agency requirements, procurement of permits (costs for City permit fees are waived
by the City), profit, allowances, contingencies, and any and all items required for the completion of the
Project per the contract documents, excepting therefrom, only the costs for items specifically identified as
not a part of the DBE's Stipulated Sum.
Other Costs Borne by the City
Costs that are not part of the DBE's Stipulated Sum include City plan check, permit, and inspection fees
(the DBE shall be responsible for all fees for temporary utilities, permanent utility connections, and permits
required for the Work of Subcontractors or self -performed work by the DBE); fee for the State Water
Resources Control Board (SWRCB) Application; and 3) construction special inspections and materials
testing and geotechnical field observation and testing, as will be specifically noted in the RFP.
Funding
The Project will be funded by the City of Vernon utilizing City funds.
1.4 CHANGES BY CITY
The City reserves the right, to modify this RFQ, to change, by additions, deletions or modifications, the
Project Criteria, Project Budget, Contract Time, Design -Build Contract, General Conditions or any other
portion of the RFQ or the RFP Documents prior to submittal date.
2. SELECTION PROCESS
2.1 INFORMATIONAL SUMMARY
The provisions of this Section are intended to summarize for the Proposers the process that the City
intends to follow with respect to the RFQ including the Part A Pre -Qualification Questionnaire. This
summary is provided for the convenience of the Proposers and should not be interpreted as a complete
or definitive statement of all procedures, conditions, requirements or standards that may apply to any of
the aforementioned processes.
The City of Vernon is requesting qualifications from DBEs interested in providing the design, construction,
and warranty maintenance for the Vernon Public Utilities Office Building Project
To be considered, the potential DBE must have the appropriate licenses required under provisions of the
California Business and Professions Code. The Mandatory Design DBE(s), Architect and General
Contractor, shall hold an appropriate license for their design discipline. Failure of a single -entity DBE to
possess the required licenses shall be deemed as non -responsive. Failure of a joint venture DBE to be
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR QUALIFICATIONS
properly licensed by the date of contract award will result in forfeiture of the Proposal Security and loss of
the contract. Failure of the Mandatory Design DBE(s) to possess the required license on the Proposal
Deadline shall require the DBE to substitute licensed design professionals and specialty trade contractors,
as applicable, prior to award of the contract without additional cost.
This project is prevailing wage. The DBE's duty to pay State prevailing wages include requirements per
Labor Code Section 1770 et seq.; Labor Code Sections 1775 and 1777.7 outline the penalties for failure
to pay prevailing wages and employ apprentices, including forfeitures and debarment.
In accordance with Labor Code Section 1770 et seq., the Project is a "public work". The successful
Proposer (Contractor) and any Subcontractors shall pay wages in accordance with the determination of
the Director of the Department of Industrial Relations (DIR) regarding the prevailing rate of per diem
wages. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of
worker needed to execute the Contract, as determined by Director of the State of California Department
of Industrial Relations, are deemed included in the Submittal. State prevailing wage requirements are
published by the Director of the State of California Department of Industrial Relations and can be found
online at yvtiv'v. Air.ca.gov.
The City is requesting proposals for Design -Build services for the Project through an RFQ/RFP process.
Each response to the RFQ/RFP must propose a business offer that will result in the delivery of a Project
of a high level of design and technical quality.
The City will award the Design -Build Contract on the basis of a Best Value selection as provided for in
Public Contract Code section 22160(b)(1), et. seq., and as specifically described in this solicitation.
The process to select the DBE to implement this Project involves a two-part process including the Part A
- RFQ Process and Part B - RFP Process.
• Part A — RFQ Process: requires all interested proposers to complete a Pre -Qualification
Questionnaire which will be used to establish whether a Proposer meets the prequalifying criteria
and to create a short-list of the highest ranked Proposers based on the Part A Pre -Qualification
Questionnaire submittals. The Part A Prequalification Questionnaire is open to all interested
parties.
• Part B — RFP Process: City will invite those short-listed Proposers to submit proposals. The Part B
Proposal is limited to those Proposers short-listed under Part A.
The City will assemble a Review Committee, which will review and score the Part A Pre -
Qualification Questionnaires. The Review Committee will review the Part A submittals, and
determine the shortlisted proposers. The shortlisted proposers will be sent the RFP. Then the
evaluation of the proposals submitted in response to the RFP, will be judged per criteria for each
Part as defined in the RFP. Those submittals that do not meet the requirements may be deemed
nonresponsive and disqualified from further consideration.
2.2 RFQ PROCEDURES
RFQ Copies
The complete set of the RFQ Documents (including all attachments thereto) are available for download
from the City of Vernon's website at:
http://www.cityofvernon.org/departments/public-works/officebuilding/
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR QUALIFICATIONS
Proposers are solely responsible for any reproduction costs. The City assumes no responsibility for errors
or misinterpretations resulting from the use of incomplete sets of RFQ Documents.
Firms that are interested in this Project should email Daniel Wall: Dwall(@-ci.vernon.ca.us to receive
automatic emails when addenda are released. The addenda, when released, will also be available for
download from the City's website at:
http://www.cityofvernon.org/departments/public-works/officebuilding/
Duty of Review
Each Proposer, in submitting its Part A Pre -Qualification Questionnaire and Part B Proposal,
acknowledges and understands its obligation to carefully and thoroughly examine all RFQ and RFP
documents and other information available relating to the Project and the conditions under which the Work
will be performed. Each Proposer shall seek clarification prior to such submission of any and all items of
information contained in the RFQ and RFP documents or in any other documents upon which the Proposer
has relied in preparing its Part A Pre -Qualification Questionnaire and Part B Proposal. Failure by a
Proposer to fully inform itself of the matters described herein and to seek clarification in the manner
required herein shall not relieve the Proposer from its responsibilities under the Design -Build Contract and
other Contract Documents should it receive the Award thereof.
Issuance and Acknowledgement of Receipt of Addendum
For all Proposers who email Daniel Wall per the above, the City will notify these Proposers of any addenda.
It is solely the responsibility of each Proposer to ensure that they receive any and all addenda. Proposers
shall also send email acknowledgement of receipt of addenda to Daniel Wall (dwall(a.ci.vernon.ca.us)
within 24-hours of issuance of each addenda.
Requests for Clarification:
Proposers should submit Requests for Clarification in written form via email to Daniel Wall as set forth
below. Requests for Clarification must be submitted prior to the deadline set forth in Section 2.3 below. All
questions received by this time and date will be responded to, in writing, by issuance of an addenda.
Requests for clarification received after this time and date will not receive a response, except at the sole
discretion of the City. Anonymity of the source of specific questions will be maintained in the written
responses. Responses to all questions will be emailed to all registered RFQ and RFP recipients.
All requests for clarification must be sent via email to the following: Daniel Wall, Director of Public Works;
Email: dwall@ci.vernon.ca.us
2.3 RFQ AND RFP SCHEDULE
The following is the anticipated schedule for the RFQ and RFP process and Award of the Design -Build
Contract:
Milestone Date/Time
RFQ issued December 6, 2017
Part A Qualification Requests for Clarification Deadline December 14, 2017 / 2:00 PM
Part A Qualifications Due January 15, 2018 / 2:00 PM
Invitation to shortlisted proposers to submit Part B Proposals January 25, 2018
Part B Proposal Requests for Clarification Deadline February 5, 2018 / 2:00 PM
Final Addenda issued if required February 12, 2018
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR QUALIFICATIONS
Milestone Date/Time
Part B Proposals Due March 1, 2018 / 2:00 PM
Interview(s) if necessary Week of March 12, 2018
Notification of Best Value Proposer March 19, 2018
City Council Award of Contract April 3, 2018
The City reserves the right, at any time, to make additions, modifications or deletions to any of the
events or dates that comprise the RFQ/RFP Schedule. Such changes shall be made by RFQ/RFP
Addendum. References in the RFQ/RFP Documents to the RFQ/RFP Schedule or to dates in the
RFQ/RFP Schedule shall mean the RFQ/RFP Schedule and dates set forth above, as adjusted by
any changes thereto made pursuant to this Paragraph.
2.4 RFQ SUBMISSION REQUIREMENTS
The responses to the Part A Pre -Qualification Questionnaire must be made according to the
requirements set forth in this Section, both for content and for sequence. Noncompliance with these
requirements or the inclusion of conditions, limitations, or misrepresentations may be cause for
rejection of the proposal. Responses shall be addressed and delivered to:
Daniel Wall, Director of Public Works
City of Vernon
c/o City Clerk
4305 Santa Fe Ave.
Vernon, Ca 90058
Submissions must be received by the specified submittal date and time.
• Submissions received after the deadline will not be accepted.
• Faxed and emailed Part A Pre -Qualification Questionnaires will not be accepted.
Number of Copies: Submit a sealed package containing (5) five bound copies of completed
Part A Pre -Qualification Questionnaire plus one complete electronic copy in PDF format on
CD or flash drive.
3. INSURANCE, BONDING AND INDEMNITY
3.1 MINIMUM BONDING REQUIREMENTS
If the DBE is awarded a contract for this Project, the DBE, individually or as a team, agrees to obtain
a Payment Bond in an amount equal to one hundred percent (100%) of the contract amount, and a
Performance Bond in an amount equal to one hundred percent (100%) of the contract amount. These
bonds shall utilize a form that complies with the forms which will be issued with the RFP and shall be
secured from a surety company or companies satisfactory to the City within ten (10) calendar days of
the contract award. The Payment Bond shall remain in full force and effect for as long as required by
applicable law. The Performance Bond shall remain in full force and effect for as long as the DBE has
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR QUALIFICATIONS
obligations under the contract documents. The Bonds must comply with all conditions regarding
bonds detailed in the Design -Build Contract and the Design -Build General Conditions. The cost of
the bonds shall be deemed included in the Proposer's costs.
3.2 INSURANCE
If the DBE is awarded a contract for this Project, the DBE shall procure and maintain for the duration
of this contract insurance against claims for injuries to persons or damages to property which may
arise from or in connection with the performance of the work hereunder and the results of that work
by the DBE, his agents, representatives, employees or subcontractors. DBE shall not commence
work until all insurance has been obtained that is required under this section and such insurance has
been verified by the City, nor shall DBE allow any Subcontractor to commence work on its contract
until all similar insurance required of the Subcontractor has been so obtained and approved.
Minimum Scope and Limits of Insurance
DBE shall procure and at all times during the term of this Agreement carry, maintain, and keep in full
force and effect, insurance as follows:
Commercial General Liability Insurance with a minimum limit of Three Million Dollars
($3,000,000) per occurrence for bodily injury, personal injury and property damage and a
general aggregate limit of Three Million Dollars ($3,000,000) per project or location. If DBE
is a limited liability company, the commercial general liability coverage shall be amended
so that DBE and its managers, affiliates, employees, agents and other persons necessary
or incidental to its operation are insureds.
• Automobile Liability Insurance for any owned, non -owned or hired vehicle used in
connection with the performance of this Agreement with a combined single limit of Two
Million Dollars ($2,000,000) per accident for bodily injury and property damage. If DBE
does not use any owned, non -owned or hired vehicles in the performance of services under
this Agreement, DBE shall obtain a non -owned auto endorsement to the Commercial
General Liability policy required under this Section 3.
Workers' Compensation Insurance as required by the State of California and Employer's
Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for
bodily injury or disease. If DBE has no employees while performing services under this
Agreement, workers' compensation policy is not required, but DBE shall provide an
executed declaration that it has no employees.
• Professional Liability Insurance [or Errors and Omissions Insurance] with minimum limits
of Two Million Dollars ($2,000,000) per claim and in aggregate
Acceptability of Insurers
The insurance policies required under this Section 3 shall be issued by an insurer admitted to write
insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best
Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance
requirements under this Section 3.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR QUALIFICATIONS
Additional Insured
The commercial general, and automobile liability, and professional liability insurance policies shall
contain an endorsement naming the City of Vernon and its officers, employees, agents and volunteers
(indemnified parties) as additional insureds for all activities arising from this contract.
Primary and Non -Contributing
The insurance policies required under this Section 3 shall apply on a primary non-contributing basis
in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance
maintained by City, its officers, employees, agents or volunteers, shall be in excess of DBE's
insurance and shall not contribute with it.
DBE's Waiver of Subrogation
The insurance policies required under this Section 3 shall not prohibit DBE and DBE's employees,
agents or subcontractors from waiving the right of subrogation prior to a loss. DBE hereby waives all
rights of subrogation against City.
Deductibles and Self -Insured Retentions
Any deductibles or self -insured retentions must be approved by City. At City's option, DBE shall either
reduce or eliminate the deductibles or self -insured retentions with respect to City, or DBE shall procure
a bond guaranteeing payment of losses and expenses.
Cancellations or Modifications to Coverage
DBE shall not cancel, reduce or otherwise modify the insurance policies required by this Section 3
during the term of this Agreement. The commercial general and automobile liability policies required
under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy
before the expiration date, the issuing insurer will endeavor to mail thirty (30) calendar days' prior
written notice to City. If any insurance policy required under this Section 3 is canceled or reduced in
coverage or limits, DBE shall, within two (2) business days of notice from the insurer, phone, fax or
notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
City Remedy for Noncompliance
If DBE does not maintain the policies of insurance required under this Section 3 in full force and effect
during the term of this Agreement, or in the event any of DBE's policies do not comply with the
requirements under this Section 3, City may either immediately terminate this Agreement or, if
insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary
insurance and pay, at DBE's expense, the premium thereon. DBE shall promptly reimburse City for
any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments
due to DBE.
Evidence of Insurance Prior to the performance of services under this Agreement, DBE shall furnish
City's Risk Manager with a certificate or certificates of insurance and all original endorsements
evidencing and effecting the coverages required under this Section 3. The endorsements are subject
to City's approval. DBE may provide complete, certified copies of all required insurance policies to
City. DBE shall maintain current endorsements on file with City's Risk Manager. DBE shall provide
proof to City's Risk Manager that insurance policies expiring during the term of this Agreement have
been renewed or replaced with other policies providing at least the same coverage. DBE shall furnish
such proof at least two (2) weeks prior to the expiration of the coverages.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR QUALIFICATIONS
Indemnity Requirements not Limiting
Procurement of insurance by DBE shall not be construed as a limitation of DBE's liability or as full
performance of DBE's duty to indemnify City under Section 3 of this Agreement.
Subcontractor Insurance Requirements
DBE shall require each of its subcontractors that perform services under this Agreement to maintain
insurance coverage that meets all of the requirements of this Section 3.
3.3 BUILDER'S RISK INSURANCE
The DBE must provide adequate/sufficient Builder's Risk Insurance to protect the indemnified parties
referenced under "Additional Insured" in Section 3.2 from a catastrophic event should one occur. The
DBE's policy must be submitted to the City for review and must be deemed acceptable by the City.
The City reserves the right to require modifications should they be necessary to provide the protection
being requested by the City.
3.4 INDEMNIFICATION
Indemnity for Design Professional Services
To the fullest extent permitted by law, DBE shall, at its sole cost and expense, protect, indemnify and
hold harmless the indemnified parties referenced under "Additional Insured" in Section 3.2 and its
elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns
and those City agents serving as independent contractors in the role of City officials (collectively
"Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands,
causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever,
including fees of accountants, attorneys or other professionals, and all costs associated therewith,
and reimbursement of attorney's fees and costs of defense (collectively "Liabilities"), whether actual,
alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole
or in part, the negligence, recklessness or willful misconduct of DBE, its officers, agents, servants,
employees, subcontractors, material men, contractors or their officers, agents, servants or employees
(or any entity or individual that DBE shall bear the legal liability thereof) in the performance of design
professional services under this Agreement by a "design professional," as the term is defined under
California Civil Code Section 2782.8(c)(2).
Other Indemnities
• Other than in the performance of design professional services, and to the fullest extent
permitted by law, DBE shall, at its sole cost and expense, defend, hold harmless and
indemnify the Indemnitees from and against any and all damages, costs, expenses,
liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and
losses of any nature whatsoever, including fees of accountants, attorneys or other
professionals, and all costs associated therewith, and the payment of all consequential
damages (collectively "Claims"), in law or equity, whether actual, alleged or threatened,
which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions
of DBE, its officers, agents, servants, employees, subcontractors, materialmen, contractors
or their officers, agents, servants or employees (or any entity or individual that DBE shall
bear the legal liability thereof) in the performance of this Agreement, including the
Indemnitees' active or passive negligence, except for Claims arising from the sole
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR QUALIFICATIONS
negligence or willful misconduct of the Indemnitees, as determined by final arbitration or
court decision or by the agreement of the parties. DBE shall defend the Indemnitees in
any action or actions filed in connection with any Claim with counsel of the Indemnitees'
choice, and shall pay all costs and expenses, including all attorneys' fees and experts'
costs actually incurred in connection with such defense. DBE shall reimburse the
Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in
connection therewith.
• DBE shall pay all required taxes on amounts paid to DBE under this Agreement, and
indemnify and hold the indemnified parties referenced under "Additional Insured" in Section
3.2 harmless from any and all taxes, assessments, penalties, and interest asserted against
the indemnified parties referenced under "Additional Insured" in Section 3.2 by reason
of the independent contractor relationship created by this Agreement. DBE shall fully
comply with the workers' compensation law regarding DBE and DBE's employees. DBE
shall indemnify and hold the indemnified parties referenced under "Additional Insured" in
Section 3.2 harmless from any failure of DBE to comply with applicable workers'
compensation laws. City may offset against the amount of any fees due to DBE under this
Agreement any amount due to City from DBE as a result of DBE's failure to promptly pay
to City any reimbursement or indemnification arising under this Subparagraph B. 2).
DBE shall obtain executed indemnity agreements with provisions identical to those in this
Section 3.4 from each and every subcontractor or any other person or entity involved by,
for, with or on behalf of DBE in the performance of this Agreement. If DBE fails to obtain
such indemnities, DBE shall be fully responsible and indemnify, hold harmless and defend
the Indemnitees from and against any and all Claims in law or equity, whether actual,
alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to
the acts or omissions of DBE's subcontractor, its officers, agents, servants, employees,
subcontractors, material men, contractors or their officers, agents, servants or employees
(or any entity or individual that DBE's subcontractor shall bear the legal liability thereof) in
the performance of this Agreement, including the Indemnitees' active or passive
negligence, except for Claims arising from the sole negligence or willful misconduct of the
Indemnitees, as determined by final arbitration or court decision or by the agreement of the
parties.
Workers' Compensation Acts not Limiting
DBE's obligations under this Section 3.4, or any other provision of this Agreement, shall not be limited
by the provisions of any workers' compensation act or similar act. DBE expressly waives its statutory
immunity under such statutes or laws as to the indemnified parties referenced under "Additional
Insured" in Section 3.2 its officers, agents, employees and volunteers.
Insurance Requirements not Limiting
City does not, and shall not, waive any rights that it may possess against DBE because of the
acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant
to this Agreement. This hold harmless and indemnification provisions in this Section 3.4 shall apply
regardless of whether or not any insurance policies are determined to be applicable to the Liability,
Claim, tax, assessment, penalty or interest asserted against City.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR QUALIFICATIONS
Survival of Terms
The indemnification in this Section 3.4 shall survive the expiration or termination of this Agreement.
4. REQUEST FOR PROPOSAL (RFP) TERMS AND CONDITIONS
4.1 PREVAILING WAGES
The successful Proposer who is awarded the Design -Build Contract will be required to comply with
all applicable provisions of State labor codes, including all prevailing wage requirements of the State
of California Department of Industrial Relations. The Contractor's duty to pay State prevailing wages
can be found under Labor Code Section 1770 et seq. and Labor Code Sections 1775 and 1777.7
outline the penalties for failure to pay prevailing wages and employ apprentices including forfeitures
and debarment.
In accordance with Labor Code Section 1770 et seq., the Project is a "public work". The successful
Proposer (Contractor) and any Subcontractors shall pay wages in accordance with the determination
of the Director of the Department of Industrial Relations (DIR) regarding the prevailing rate of per diem
wages. Copies of the general prevailing rates of per diem wages for each craft, classification, or type
of worker needed to execute the Contract, as determined by Director of the State of California
Department of Industrial Relations, are deemed included in the Submittal. State prevailing wage
requirements are published by the Director of the State of California Department of Industrial Relations
and can be found online at vyvvw.jir.ca.jvw.
4.2 APPRENTICESHIP PROGRAM
Attention is directed to Sections 1777.5, 1777.6, and 1777.7 of the California Labor Code and Title 8,
California Administrative Code, Section 200 et seq. to ensure compliance and complete
understanding of the law regarding apprentices.
4.3 WORKER'S COMPENSATION
Section 1861 of the California Labor Code requires each contractor that is awarded a public works
contract to sign and file with the awarding body the following certification prior to performing the work
of the contract: "I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply with such provisions before commencing
the performance of the work of this contract.
5. SUMMARY OF REQUEST FOR PROPOSAL (RFP) PROCESS
5.1 CEQA SUMMARY
The selected DBE shall provide design and construction to satisfy the documents set forth herein. A
Geotechnical Investigation Report and a Boundary Survey of the existing site will be included in the
RFP; however, the DBE shall be responsible for any additional work to verify accuracy or to provide
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR QUALIFICATIONS
additional information as required to complete the design and construction of the project. The selected
DBE shall provide all required survey work, including perimeters and controls for the project. The City
will be responsible for the California Environmental Quality Act (CEQA) process, study, and
determination. The DBE shall coordinate with City staff to ensure consistency between project plans
and the CEQA project description, and also to ensure any project design features or mitigation
measures (if needed) are feasible and incorporated into the design plans. At this time, the City
anticipates the project will be categorically exempt from CEQA, but will make the final determination
at the time design plans are prepared. Should the project not be categorically exempt, the City will
prepare the CEQA documents
5.2 CONTRACT TIME
All design and construction Work must be substantially completed within Five Hundred Twenty-five
(525) calendar days after the Date of Commencement established in the City of Vernon's initial Notice
to Proceed. Final Completion shall be within 30 days of Substantial Completion.
• The schedule for Substantial Completion of the design and construction of the Work for the
project will be proposed by the DBE with City input and approval.
Within ten (10) days after notification of award, the DBE shall prepare and submit a Design -
Build Schedule for the design phase of the Work, both in hard copy and electronically, for the
City's approval. The contract time for completion of the design shall include adequate time for
City review and final approval. DBE shall incorporate options to phase the design and
construction permits as needed or desired by the DBE. The design schedule shall include a
site evaluation, conceptual design phase, schematic design phase, design development
phase, construction document phase, FF&E design, planning, procurement and installation
phases, and City review, plan check and final approval phase. City review shall include, but
not be limited to, review by the Design Review Committee (an internal staff committee
representing various City departments), and City staff who are part of this Project team. The
project design may also be presented at a City Council Workshop. The full description of
required deliverables will be issued with the RFP Exhibit F Scope of Services.
• Within ten (10) days of starting the Schematic Design Phase, the DBE shall prepare and submit
a Preliminary Design -Build Construction Schedule, both in hard copy and electronically, for the
City's information. After completion of the Design Development drawings, the DBE shall
prepare and submit a detailed Design -Build Construction Schedule, both in hard copy and
electronically, for the City's approval and CM's approval. The Design -Build Construction
Schedule shall establish the baseline construction schedule and shall include a Submittal
Schedule with material procurement information. Upon approval of the construction schedule
and Notice to Proceed with Construction, the DBE shall proceed with the construction of the
project according to the approved schedule. The construction schedule shall include a
construction phase, commissioning phase, Substantial Completion Milestone, close out phase
and Final Completion Milestone.
5.3 SELECTION
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR QUALIFICATIONS
Upon review of the submitted Part B Proposals, the City will rank the proposals based on a point
system established to determine the "best value" and may select a shortlist of DBEs to interview. After
the interviews and the determination by the Review Committee of the apparent "best value" proposer,
the highest ranking DBE and the City will enter into negotiations. Pending completion of successful
negotiations, the highest ranking "best value" proposer will be recommended for contract award by
the City Council. Following Council authorization and execution of the contract, the selected DBE will
commence design and construction of the Project for the City.
5.4 AWARD
The City will issue a written decision supporting its Award of the Design -Build Contract to the
successful Proposer, stating the basis of the Award. The identity of the successful Proposer will be
publicly announced, along with the shortlist of Proposers.
The resulting Design -Build Contract will include a complete Scope of Services for all elements of the
design -build process necessary for the Project which include site and off -site work, buildings,
landscaping, and all services necessary to complete the Project in a condition ready for occupancy.
The City will review the DBE's management of design and construction of the Project to ensure
compliance with the contract documents.
5.5 RFP COPIES
The complete set of RFP Documents (including all attachments thereto) will available on December,
2017 for download from the City of Vernon's website at:
http://www.cityofvernon.org/departments/public-works/officebuilding/
5.6 REVIEW COMMITTEE
The City will establish a Review Committee with responsibility for conducting the: (1) evaluation,
scoring and ranking of the Part A Pre -Qualification Questionnaires and Part B Proposals, (2)
interviews, (3) negotiations; and (4) providing recommendation of the successful Proposer for award
of the Design -Build Contract based on "Best Value".
5.7 EVALUATION OF THE PROPOSAL
The Review Committee will evaluate each proposal for completeness and content and will utilize the
Proposal evaluation factors, scoring and ranking methodology as indicated in the RFP. Each proposal
will be evaluated based upon the relevant factors of the proposer. Staff may choose to interview two
or more closely ranked firms, but will not expect or schedule elaborate presentations. License status
and references will also be verified.
5.8 NEGOTIATIONS
The City reserves the right, but shall not have the obligation, as part of the RFP process to hold
Discussions, Negotiations and/or Limited Negotiations. If Negotiations are conducted, they may be
conducted with some or all short-listed DBEs. Negotiations shall be face-to-face, confidential
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR QUALIFICATIONS
exchanges between the potential DBE and the RFP Review Committee conducted for the purpose of
"bargaining", alteration of assumptions and positions, and may apply to price, schedule and technical
requirements. Procedures for Discussions, Negotiations, Limited Negotiations shall be in accordance
with the RFP.
The City will identify the proposer that offers the best value to the public and enter contract
negotiations with that highest ranked proposer. Should the City fail to reach an agreement with the
top ranked proposer, the City may enter negotiations with the next highest rated proposer and so on.
City Staff will make a recommendation to the City Council for the award of the Design -Build Contract
to the proposer that best furthers the City's objectives, if any.
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EXHIBIT B
CITY OF VERNON
REQUEST FOR PROPOSALS
FOR
DESIGN -BUILD SERVICES
FOR THE
VERNON PUBLIC UTILITIES
OFFICE BUILDING PROJECT
at 2716 Leonis Blvd
Vernon, California
Release Date: January 25, 2018
VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
1. INTRODUCTION AND PROJECT
The City of Vernon is requesting proposals for the Design -Build project delivery of the Vernon Public
Utilities Office Building Project, herein referred to as "Project", which will be constructed at 2716 Leonis
Blvd, Vernon, CA 91723. The City wishes to implement an approach that integrates people, systems,
and practices into a process that collaboratively employs the expertise, creativity, and insights of all
participants to maximize efficiency through design and construction, optimize project results, and
deliver the best value to the community.
To best utilize this process, the City is providing instructions to the prospective Design -Build Entity
(DBE) regarding the project requirements. For purposes of this solicitation, the DBE is defined as the
entity that will be awarded a contract for the complete design and construction of the Project
The City will select one DBE, based on demonstrated competence and a cost effective approach, to design
and construct the Project.
2. BACKGROUND
The City of Vernon, founded in 1905, is approximately 5.2 square miles in size and is located 5 miles
southeast of downtown Los Angeles California. Over its long history, Vernon has been developed as an
industrial community. At the turn of the 20'h century the lands that make up Vernon were comprised largely
of farmlands. The presence of three major rail lines in the area led influential business and property owners
to encourage the railroad companies to run spur lines onto the farmlands. These rail extensions enabled
the creation of an "exclusively industrial" city. By the 1920's, Vernon was attracting large stockyards and
meatpacking facilities. In the 1930's, Vernon became the location of choice for many heavy industrial
plants. As economic conditions changed over the decades, these large scale industrial operations have
relocated out of Southern California and Vernon has attracted smaller, lighter industrial facilities. The City's
business friendly environment, low cost utilities and key location for trucking and rail transport continue to
position Vernon as an ideal location for industrial uses.
City Government: The City Council consists of five members, elected at -large, who serve five-year
staggered terms. The City Council annually appoints a Mayor and a Mayor Pro Tern from its own
membership to serve one-year terms.
Labor Force: Vernon has approximately 280 employees, and its departments include a Fire Department,
Police Department, Finance Department, Public Works Department, Public Utilities Department, and
Health and Environmental Control Department. Present bargaining units recognized include the Vernon
Police Officers Benefit Association, Vernon Police Management Association, Vernon Firemen's
Association, the Vernon Fire Management Association, International Brotherhood of Electrical Workers
Local 47, and Teamsters Local 911.
3. SCOPE OF SERVICES REQUIRED
The City of Vernon is seeking the services of a highly qualified DBE to design, construct and commission
an office building. The project requires the demolition of an existing building and the design,
construction, and commissioning of a new office building of approximately 36,6001 gross square feet
("GSF"), which will consolidate the City's Public Utilities functions, at 3715 Leonis Blvd.
1 The actual size of these facilities will be determined through the efficiency of the building designed by the winning
Respondent.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
The spaces for the administrative functions are to be developed with cost efficiencies and a moderate
degree of finishes while the public areas are expected to have a higher quality degree of design and
finish elements. Importantly, the exterior architecture and design of the building should have a "civic"
character that most effectively reflects and promotes a positive City of Vernon image.
The project shall be designed to achieve a minimum of LEED Gold.
Space Requirements
The following are the projected space requirements for each use':
Usable Area (Square
Administrative Areas Feet)
54 Offices/work stations 6480
Restrooms 1500
Gyms with Showers/Restrooms
Break Room/ Kitchen
Break Room/ Kitchen
Administrative Areas Total
Public Areas
Lobby
Training/Multipurpose Room for 100
Library
Food Retail
Break Room/ Kitchen
Restrooms
Large Conference Room A
Conference Room B
Conference Room C
Conference Room D
Public Areas Total
Total Administrative + Public
4800
500
500
13780
Usable Area (Square
Feet)
600
1500
1500
1500
1500
750
2000
1200
1200
600
12350
26130
Gross Area (Square Feet)
9072
2100
6720
700
700
19292
Gross Area (Square Feet)
840
2100
2100
2100
2100
1050
2800
1680
1680
840
17290
36582
More detailed programming and scope of services are contained in Exhibits C and D of this RFP.
Project Related Site Improvements
Parking shall accommodate City vehicles, employees, elected officials, and visitors conducting
business with the City. Parking spaces provided shall be the greater of code required parking spaces,
or 200 parking spaces.
The Scope of Services also includes any essential site improvements necessary to support the
Project. Safety lighting and paths of travel from the parking area to the facility must be included as
well as pathways from the street to the facility for pedestrians visiting the Center. Necessary site
improvements may include storm drainage, sewer, water, electrical, gas (as necessary), and low
voltage utilities, hardscape, and other enhancements.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
Project -related Landscaping
At a minimum landscaping as required by code and around the footprint of the Vernon Public Utilities
Office Building shall be provided. Landscaping shall be aesthetically pleasing, sustainable, and low
maintenance.
Site Information
A boundary survey, geotechnical report, and plans of the existing building at the 2716 Leonis Blvd
project site are included in the appendices of this RFP.
FF&E
The DBE will procure and install all furniture, fixtures and equipment ("FF&E") as part of the Project.
FF&E shall be high quality commercial/institutional grade, and shall compliment the design of the
building.
Project Funding and Budget
The DBE's Contract Price shall be a Stipulated Sum of $12,000,000 for the full design and construction of
the Project (including FF&E). The Stipulated Sum reflects the City's maximum budget. The City's goal
is to establish a fair risk balance in the contract between the City and the DBE so that the DBE will receive
appropriate compensation for its work, and the City will achieve its goals for the Project within the Stipulated
Sum.
The Stipulated Sum includes all costs of the complete design, engineering, demolition, construction, FF&E,
subcontract work, supervision, management, general conditions, overhead, bonds, insurance, taxes,
compliance with all applicable codes and agency requirements, procurement of permits (costs for City
permit fees are waived by the City), profit, allowances, contingencies, and any and all items required for
the completion of the Project per the contract documents, excepting therefrom, only the costs for items
specifically identified as not a part of the DBE's Stipulated Sum.
Other Costs Borne by the Citv
Costs that are not part of the DBE's Stipulated Sum include City plan check, permit, and inspection fees.
The DBE shall be responsible for all fees for temporary utilities, permanent utility connections, and permits
required for the Work of Subcontractors or self -performed work by the DBE, fees for the State Water
Resources Control Board (SWRCB) Application; and the costs of construction special inspections,
materials testing, land and construction surveying, and geotechnical field observation and testing.
Funding
The Project will be funded by the City of Vernon utilizing City funds.
4. QUALIFICATIONS & CRITERIA
A. Qualifications: The City of Vernon will select one DBE for all of the outlined Scope of Service based
on the selection criteria in part B. below.
B. Selection Criteria: The City will conduct a comprehensive, fair, and impartial evaluation of proposals
received in response to this RFP. All proposals received will be reviewed and evaluated by a committee
of qualified personnel. The name, information, or experience of the individual members will not be made
available to any proposer. The Evaluation Committee review and compare all the proposals and determine
the highest scoring proposal based on the following criteria:
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
1. Design Concept (75%)
1.1. Overall Design of the Public Facilities — The degree by which the overall project concept and
design addresses the project objectives and:
i. Provides a modern and efficient Vernon Public Utilities Office Building;
J. Provides welcoming, service -oriented spaces that are convenient for customers and
enhance the delivery of customer service and public interaction;
iii. Provides interaction areas designed for collaboration and engagement; and
iv. Provides a design which evokes a quality image and creates a sense of public place.
1.2. Overall Flexibility and Functionality of the Facilities
i. The degree by which the design of the building will create spaces that can
accommodate the City's programmatic needs in both the short term and long term; and
ii. Is efficient and allows flexible design layouts and growth.
1.3. Interactive Public Space Requirements — The degree by which the overall design creates civic
areas for the public and for events.
1.4 Sustainability — Evaluation of the DBE's proposed sustainability features for the building.
Baseline minimum is LEED Gold equivalent.
2. Project Management Plan (15%)
2.1. The Degree to which the DBE's submittal presents a robust and credible approach to the
efficient and safe implementation of the project, including:
i. A demonstrated understanding of the organizational needs of the Project through:
a. Presentation of an approach to successfully perform concurrent streams of
design work through effective project management and lines of communication;
and
b. Provision of a comprehensive organizational structure demonstrating an
ability to successfully execute the Project through a coordinated and well -planned
approach to organizing design, construction, and O&M Services.
2.2. The degree to which the Submittal contemplates a logical and credible approach to
construction scheduling and sequencing including:
i. A clear and detailed description of a proposed sequence of construction that
presents a logical order for the implementation of the Project;
ii. Presentation of a Project schedule that that sets forth aggressive but realistic time
frames for the completion of the Design and Construction Work.
3. "Wow" factor (10%)
Something that goes beyond what is expected. Examples include, but are not limited to:
additional amenities & functions, creative integration of public art and/or Vernon's
heritage/culture.
FORMAT AND DELIVERY OF RESPONSE
Respondents are asked to submit one (1) unbound original, five (5) hard copies, and one (1) digital PDF
file electronic copy (on CD or Flash Drive) of their proposals in sufficient detail to allow for a thorough
evaluation and comparative analysis. The proposal should include, at a minimum, the following information
in sectionalized format addressing all phases of the work in the RFP.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
A complete, concise and professional response to the RFP will enable the City to identify the most qualified
DBE and will be indicative of the level of the DBEs' experience and commitment to the proposed project.
DBEs must demonstrate their project concept, and ability to successfully design, develop and deliver the
proposed project.
The respondents shall follow the format described below. The contents of the Submittal must be clear,
concise and complete and font shall be in at least 11-point type. Each section of the RFP response shall
be tabbed and labeled in the order shown below.
Each Proposal must include the following organized as Sections A through H:
A. Cover Letter and Stipulated Price. Section A of the Proposal must be a cover letter containing
a summary of the Proposal, including the stipulated price to design and construct the Project. The
cover letter must confirm the Proposer's commitment to using a "skilled and trained workforce" for
construction of the Project, in full compliance with section 22164(c) of the Public Contract Code.
B. Technical Design and Construction Expertise. Section B must provide specific and detailed
information regarding the technical design and construction expertise of the Proposer and members
of the Proposer's design -build team, including, but not limited to, the design professional(s), the
general contractor, and major subcontractors. Identify key personnel by name and title and provide
a brief professional biography for each, including relevant education and experience. Provide
contact information, contractors' license numbers, and DIR registration number for the contractor
and the subcontractors. Section B must also include proposed changes (if any) to Proposer's
previously submitted Statement of Qualifications ("SOQ").
C. Schedule. Section C must include a proposed schedule for design and construction of the
Project. All design and construction work substantially completed within Five Hundred Twenty-
five (525) calendar days after the Date of Commencement established in the City of Vernon's
initial Notice to Proceed. Final Completion shall be within 30 days of Substantial Completion.
D. Design Approach. Section D must describe the Proposer's planned approach to design of the
Project, including consideration of life cycle costs over 30 years or more, and the requirement that
this project achieve at least LEED Gold rating.
E. Construction Approach. In Section E, describe the Proposer's approach to ensuring safe, on -
time and cost-effective construction.
F. Project Concept & Drawings Respondent shall provide a concept plan package that includes:
1) Project Cover Sheet: Provide a cover sheet showing a rendering, project team and architect
contact information;
2) Project Data Sheet: Provide a project data sheet including but not limited to lot size; building
square footage broken down by above and below grade if applicable; floors; uses; floor area
ratio calculations (USF & GSF); open space data; outdoor and indoor common area space data;
parking data including number of stalls and square footage;
3) Elevations: Provide colored architectural exterior elevation(s) for the building. Elevation(s)
should illustrate proposed building massing and height, fenestration, materials and colors of all
finishes and related architectural elements;
4) Schematic Floor Plans: Provide schematic floor plans of each distinct level.
5) Area Tabulation: Provide a USF tabulation by use as set forth in the appendices of this RFP.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
G. Sustainability Plan Narrative A sustainability plan narrative setting forth an overall approach
to sustainability on the project shall be included in the proposal packet. The sustainability plan
narrative should describe the DBE's plan to achieve a minimum of LEED Gold.
H. Affidavit of Non -Collusion A completed affidavit of non -collusion (appendix A) must be
included with the proposal.
Prominently label the proposal package: "Public Utilities Office Building Project" and include the name of
the primary contact for the respondent.
Deliver the response to:
City of Vernon
Attention: Daniel Wall, P.E. Director of Public Works
4305 Santa Fe Avenue
Vernon, CA 90058
Responses are due on or before 2:00 p.m. on March 1, 2018. Late response will not be accepted.
If you have any questions about this RFP, please contact Daniel Wall at (323) 583-8811 ext. 305. Please
note that any questions asked and any response provided by Vernon will be sent to every person who will
be submitting a proposal, to the extent the City is aware of them.
6. 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, will be posted to
http://www.citVofvernon.org/departments/r)ublicworks/officebuildinq/, 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.
7. SCHEDULE
The solicitation, receipt and evaluation of the RFP responses and the process for selecting a Preferred
DBE are anticipated to follow the time -frame below. The City reserves the right to issue a written
addendum at any time to alter the dates set forth below. In the event of any change to the schedule below,
all addenda to the RFP will be posted at:
http://www.citVofvernon.org/departments/public-works/officebuildinq/ .
Milestone Date/Time
Invitation to shortlisted DBEs to submit Part B Proposals January 25, 2018
Part B Proposal Requests for Clarification Deadline February 5, 2018 / 2:00 PM
Final Addenda issued if required February 12, 2018
Part B Proposals Due March 1, 2018 / 2:00 PM
Interview(s) if necessary Week of March 12, 2018
Notification of Best Value Proposer March 19, 2018
City Council Award of Contract April 3, 2018
Proposers should submit Requests for Clarification in written form via email to Daniel Wall
dwall@ci.vernon.ca.us. Requests for Clarification must be submitted prior to the deadline above. All
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
questions received by this time and date will be responded to, in writing, by issuance of an addenda.
Requests for clarification received after this time and date will not receive a response, except at the sole
discretion of the City. Anonymity of the source of specific questions will be maintained in the written
responses.
City may not respond to questions received after Deadline for Requests for Clarification regarding the RFP.
Only questions answered by formal written Addenda shall be binding. DBEs shall not be entitled to rely
upon oral statements; nor shall oral statements be binding or legally effective.
Each addenda shall be part of the RFP. DBEs may obtain a complete listing of addenda from
http://www.cityofvernon.org/departments/public-works/officebuildinq/.
DBE is responsible to determine if any Addenda to this RFP have been posted on the website up to the
final date of Submittal. The actual timing and sequence of events resulting from this RFP shall ultimately
be determined by the City.
8. CONDITIONS FOR RESPONSES TO RFP
The following conditions apply to this RFP process:
A. Nothing contained in this RFP shall create any contractual relationship between the
respondent and the City.
B. This RFP does not obligate the City to establish a list of service providers qualified
as prime contractors, or award a contract to any respondent. The City reserves the
right to amend or cancel this RFP without prior notice, at any time, at its sole
discretion.
C. The City shall not be liable for any expenses incurred by any individual or
organization in connection with this RFP.
D. No conversations or agreements with any officer, agent, or employee of the City
shall affect or modify any terms of this RFP. Oral communications or any written/e-
mail materials provided by
any person other than designated contact staff of City shall not be considered
binding.
E. The City reserves the right, in its sole discretion, to accept or reject any or all
Proposals without prior notice and to waive any minor irregularities or defects in a
Proposal. The City reserves the right to seek clarification on a Proposal with any
source.
F. The dates, times, and sequence of events related to this RFP shall ultimately be
determined by the City. The schedule shown above is subject to change, at the sole
discretion of the City, although the City will attempt to follow it and, if it must be
altered, will attempt to provide reasonable notice of the changes.
G. Respondents shall not issue any news release pertaining to this RFP, or the City
without prior written approval of the City.
H. All submitted proposals and information included therein or attached thereto shall
become public record upon delivery to the City.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
9. 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.
10. LIVING WAGE ORDINANCE AND PREVAILING WAGE
The selected DBE shall pay qualifying employees a wage of not less than $10.30 per hour with health
benefits, or $11.55 per hour without health benefits. The DBE shall also provide qualifying employees at
least twelve days off per year for sick leave, vacation or personnel necessity, and an additional ten days
a year of uncompensated time for sick leave. There shall be a prohibition on an employer retaliation
against an employee's complaining to the City with regard to the employer's compliance with the living
wage ordinance. Contractor, and any Subcontractor(s), shall comply with the City's Living Wage
Ordinance. The current Living Wage Standards are set forth in Exhibit "D" of the standard form contract,
attached hereto as Exhibit B. Upon the City's request, certified payroll records shall promptly be
provided to the City. The provisions of California Labor Code 1770, et seq., regarding the payment of
prevailing wages on public works, and related regulations, apply to all City contracts. In addition, the
selected DBE and/or any subcontractor must be currently registered and qualified (including payment of
any required fee) with the State Department of Industrial Relations pursuant to Labor Code section
1725.5 (with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)). This project
is subject to compliance monitoring and enforcement by the State Department of Industrial Relations. If
Living Wage Provisions and Prevailing Wage provisions should both apply to this Contract, Contractor
and all of its Subcontractors shall pay the higher of the applicable wages to the extent required by law.
11. STANDARD TERMS AND CONDITIONS
Prior to the award of any work hereunder, City and proposer shall enter into the written contract for
services attached hereto as Exhibit B. Proposers responding to this RFP are strongly advised to review
all the terms and conditions of the Contract. The term of the Contract shall not exceed three (3) years.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
EXHIBIT A
AFFIDAVIT OF NON -COLLUSION
Page 1 10
VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
AFFIDAVIT OF NON -COLLUSION BY CONTRACTOR
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
being first duly sworn deposes
and says that he/she is
(Insert "Sole Owner", "Partner", "President, "Secretary", or other proper title)
of
(Insert name of bidder)
who submits herewith to the City of Vernon a bid/proposal;
That all statements of fact in such bid/proposal are true;
That such bid/proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company
association, organization or corporation;
That such bid/proposal is genuine and not collusive or sham;
That said bidder has not, directly or indirectly by agreement, communication or conference with anyone attempted
to induce action prejudicial to the interest of the City of Vernon, or of any other bidder or anyone else interested in
the proposed contract; and further
That prior to the public opening and reading of bids/proposals, said bidder:
a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham bid/proposal;
b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone
else would submit a false or sham bid/proposal, or that anyone should refrain from bidding or withdraw
his/her bid/proposal;
C. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone
to raise or fix the bid/proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit
or cost element of his/her bid/proposal price, or of that of anyone else;
d. Did not, directly or indirectly, submit his/her bid/proposal price or any breakdown thereof, or the contents
thereof, or divulge information or data relative thereto, to any corporation, partnership, company,
association, organization, bid depository, or to any member or agent thereof, or to any individual or group
of individuals, except the City of Vernon, or to any person or persons who have a partnership or other
financial interest with said bidder in his/her business.
I certify under penalty of perjury that the above information is correct
Title:
Date:
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
o'1:11:112:�
STANDARD FORM CONTRACT
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
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]
Total not to exceed $[insert amount] (includes all
applicable sales tax); and more particularly
described in Exhibit C
Three (3) years, pursuant to Section 10.20
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTRACTOR'S NAME]
FOR [BRIEF DESCRIPTION OF SERVICES]
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
This Contract is made between the City of Vernon ("City"), a California charter City and California
municipal corporation ("City"), and [Contractor's Name], a [State incorporated in] corporation
("Contractor")
The City and Contractor agree as follows:
1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the
services as hereinafter set forth as authorized by the City Council on
2.0 SCOPE OF SERVICES.
2.1 Contractor shall perform all work necessary to complete the services set forth in
the Request for Proposals dated , Exhibit "A", and Contractor's proposal to the City
("Proposal") dated , Exhibit "B", both of which are attached to and incorporated into this
Contract, by reference.
2.2 All services shall be performed to the satisfaction of City.
2.3 All services shall be performed in a competent, professional, and satisfactory
manner in accordance with the prevailing industry standards for such services.
3.0 PERSONNEL.
3.1 Contractor represents that it employs, or will employ, at its own
expense, all personnel required to perform the services under this Contract.
3.2 Contractor shall not subcontract any services to be performed by it
under this Contract without prior written approval of City.
3.3 All of the services required hereunder will be performed by Contractor or by City -
approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and
authorized or permitted under State and local law to perform such services and shall be subject to
approval by the City.
4.0 TERM. MUST SELECT AN ALTERNATIVE AND REMOVE THE LANGUAGE OF
ALTERNATIVE NOT SELECTED. [Alternative 1, for services where there is a deliverable or
specific schedule set forth in the specifications/RFP or in the bid/proposal]. The Contractor shall
commence the delivery of services on receipt of a written notice to proceed and shall complete the
services on the schedule set forth in Exhibit " ".
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
[Alternative 2, for services of a continuing nature]. The term of this Contract shall commence on
[state date], and it shall continue until [state date which may not be more than three years from the
commencement date], unless terminated at an earlier date pursuant to the provisions thereof.
5.0 COMPENSATION AND FEES.
5.1 Contractor has established rates for the City of Vernon which are comparable to
and do not exceed the best rates offered to other governmental entities in and around Los Angeles
County for the same services. For satisfactory and timely performance of the services, the City will pay
Contractor in accordance with the payment schedule set forth in Exhibit "C" attached hereto and
incorporated herein by reference.
5.2 Contractor's grand total compensation for the entire term of this Contract, including
change orders, shall not exceed [state amount] without the prior authorization of the City Council and
written amendment of this Contract.
5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental
labor, material, supplies, facilities, equipment, and transportation which may be required for furnishing
services pursuant to this Contract. Materials shall be of the highest quality. The above Contract fee shall
include all staff time and all clerical, administrative,
overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs
and expenses.
5.4 City shall reimburse Contractor only for those costs or expenses specifically
approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise
approved, such costs shall be limited and include nothing more than the following costs incurred by
Contractor:
5.4.1 The actual costs of subcontractors for performance of any of the
services that Contractor agrees to render pursuant to this Agreement, which have been approved in
advance by City and awarded in accordance with this Agreement.
5.4.2 Approved reproduction charges.
5.4.3 Actual costs and/or other costs and/or payments specifically authorized in
advance in writing and incurred by Contractor in the performance of this Agreement.
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5.5 Contractor shall not receive any compensation for extra work performed without
the prior written authorization of City. As used herein, "extra work" means any work that is determined by
City to be necessary for the proper completion of the Project, but which is not included within the Scope
of Services and which the parties did not reasonably anticipate would be necessary at the time of
execution of this Agreement. Compensation for any authorized extra work shall be paid in accordance
with the payment schedule as set forth in Exhibit "C," if the extra work has been approved by the City.
5.6 Licenses, Permits, Fees, and Assessments. Contractor shall obtain, at
Contractor's sole cost and expense, such licenses, permits, and approvals as may be required by law for
the performance of the services required by this Agreement. Contractor shall have the sole obligation to
pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed
by law and which arise from or are necessary for the performance of the Services by this Agreement.
6.0 PAYMENT.
6.1 As scheduled services are completed, Contractor shall submit to the
City an invoice for the services completed, authorized expenses, and authorized extra work actually
performed or incurred according to said schedule.
6.2 Each such invoice shall state the basis for the amount invoiced, including
a detailed description of the services completed, the number of hours spent, reimbursable
expenses incurred and any extra work performed.
6.3 Contractor shall also submit a progress report with each invoice that
describes in reasonable detail the services and the extra work, if any, performed in the
immediately preceding calendar month.
6.4 Contractor understands and agrees that invoices which lack sufficient detail to
measure performance will be returned and not processed for payment.
6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City
approves the invoice.
6.6 Payment of such invoices shall be payment in full for all services,
authorized costs, and authorized extra work covered by that invoice.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
7.0 CHANGE ORDERS. MUST SELECT AN ALTERNATIVE AND REMOVE THE
LANGUAGE OF ALTERNATIVE NOT SELECTED. [alternative A] There is no change order authority
provided in this Contract. [alternative B] The Director of the Department of [identify department]
shall have the authority to issue change orders for administrative and non -material changes to the scope
of services and to the time for performance as long as the change orders do not increase the
compensation due to Contractor under this Contract and as long as the time is not extended beyond
three years. The City Administrator, shall have the authority to issue administrative change orders to
increase the compensation due to Contractor under this Contract, but the combined total amount of such
change orders shall not exceed [insert amount].
8.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably
necessary for Contractor to perform its services; and will give any required decisions as promptly as
practicable so as to avoid unreasonable delay in the progress of Contractor's services.
9.0 COORDINATION OF SERVICES. Contractor agrees to work closely with City staff in the
performance of Services and shall be available to City's staff, consultants, and other staff at all
reasonable times.
9.1 INDEMNITY. Contractor agrees to indemnify City, its officers, elected officials, employees
and agents against, and will hold and save each of them harmless from, any and all actions, suits,
claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or
liabilities (herein "claims or liabilities"), including but not limited to professional negligence, that may be
asserted or claimed by any person, firm or entity arising out of or in connection with the work, operations
or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or
arising from the acts or omissions of Contractor hereunder, or arising from Contractor's performance of
or failure to perform any term, provision, covenant or condition of this Agreement, except to the extent
such claims or liabilities arise from the gross negligence or willful misconduct of City, its officers, elected
officials, agents or employees.
9.2 INSURANCE. [TO BE COMPLETED BY FINANCE]
10.0 GENERAL TERMS AND CONDITIONS.
10.1 INDEPENDENT CONTRACTOR.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
10.1.1 It is understood that in the performance of the services herein
provided for, Contractor shall be, and is, an independent contractor, and is not an agent, officer or
employee of City and shall furnish such services in its own manner and method except as required by
this Contract, or any applicable statute, rule, or regulation. Further, Contractor has and shall retain the
right to exercise full control over the employment, direction, compensation and discharge of all persons
employed by Contractor in the performance of the services hereunder. City assumes no liability for
Contractor's actions and performance, nor assumes responsibility for taxes, bonds, payments, or other
commitments, implied or explicit, by or for Contractor. Contractor shall be solely responsible for, and
shall indemnify, defend and save City harmless from all matters relating to the payment of its employees,
subcontractors and independent contractors, including compliance with social security, withholding and
all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
10.1.2 Contractor acknowledges that Contractor and any subcontractors,
agents or employees employed by Contractor shall not, under any circumstances, be considered
employees of the City, and that they shall not be entitled to any of the benefits or rights afforded
employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees
Retirement System benefits, or health, life, dental, long-term disability or workers' compensation
insurance benefits.
10.2 CONTRACTOR NOT AGENT. Except as the City may authorize
in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf
of or bind the City in any capacity whatsoever as agents or otherwise.
10.3 OWNERSHIP OF WORK. All documents and materials furnished by the City to
Contractor shall remain the property of the City and shall be returned to the City upon termination of this
Agreement. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts,
studies, memoranda, computation sheets, and other documents prepared by Contractor in furtherance of
the work shall be the sole property of City and shall be delivered to City whenever requested at no
additional cost to the City. Contractor shall keep such documents and materials on file and available for
audit by the City for at least three (3) years after completion or earlier termination of this Contract.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
Contractor may make duplicate copies of such materials and documents for its own files or for such other
purposes as may be authorized in writing by the City.
10.4 CORRECTION OF WORK. Contractor shall promptly correct any defective,
inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to
the City. The performance or acceptance of services furnished by Contractor shall not relieve the
Contractor from the obligation to correct subsequently discovered defects, inaccuracy, or
incompleteness.
10.5 RESPONSIBILITY FOR ERRORS. Contractor shall be responsible for its work and
results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation
as may be required by the City, regarding any services rendered under this Agreement at no additional
cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall,
at no cost to City, provide all necessary design drawings, estimates and other Contractor professional
services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in
any meeting required with regard to the correction.
10.6 WAIVER. The City's waiver of any term, condition, breach, or default of this
Contract shall not be considered to be a waiver of any other term, condition, default or breach, nor of a
subsequent breach of the one waived. The delay or failure of either party at any time to require
performance or compliance by the other of any of its obligations or agreements shall in no way be
deemed a waiver of those rights to require such performance or compliance. No waiver of any provision
of this Agreement shall be effective unless in writing and signed by a duly authorized representative of
the party against whom enforcement of a waiver is sought.
10.7 SUCCESSORS. This Contract shall inure to the benefit of, and shall be binding
upon, the parties hereto and their respective heirs, successors, and/or assigns.
10.8 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract
or any rights hereunder without the prior written consent of the City and approval by the City Attorney,
which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null
and void and shall constitute a material breach by the Contractor of its obligations under this Contract.
No assignment shall release the original parties from their obligations or otherwise constitute a novation.
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VERNON PUBLIC UTILITIES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
10.9 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal,
State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time,
incorporated herein and applicable to the performance hereof, including but without limitation, the Vernon
Living Wage Ordinance. Violation of any law material to performance of this Contract shall entitle the City
to terminate the Contract and otherwise pursue its remedies. Further, if the Contractor performs any work
knowing it to be contrary to such laws, rules, and regulations Contractor shall be solely responsible for all
costs arising therefrom.
10.10 ATTORNEY'S FEES. If any action at law or in equity is brought to
enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable
attorney's fees, costs, and necessary disbursements in addition to any other relief to which such
party may be entitled.
10.11 INTERPRETATION.
10.11.1 Applicable Law. This Contract shall be deemed a contract and shall
be governed by and construed in accordance with the laws of the State of California. Contractor agrees
that the State and Federal courts which sit in the State of California shall have exclusive jurisdiction over
all controversies and disputes arising hereunder, and submits to the jurisdiction thereof.
10.11.2 Entire Agreement. This Contract, including any exhibits attached
hereto, constitutes the entire agreement and understanding between the parties regarding its subject
matter and supersedes all prior or contemporaneous negotiations, representations, understandings,
correspondence, documentation, and agreements (written or oral).
10.11.3 Written Amendment. This Contract may only be changed by written
amendment signed by Contractor and the City Administrator or other authorized representative of the
City, subject to any requisite authorization by the City Council. Any oral
representations or modifications concerning this Contract shall be of no force or effect.
10.11.4 Severability. If any provision in this Contract is held by any court of
competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed
from this Contract, and the remaining provisions shall nevertheless
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never
been part of this Contract.
10.11.5 Order of Precedence. In case of conflict between the terms of this
Contract and the terms contained in any document attached as an Exhibit or otherwise incorporated by
reference, the terms of this Contract shall strictly prevail. The terms of the City's Request for Proposals
shall control over the Contractor's Proposal.
10.11.6 Duplicate Originals. There shall be two (2) fully signed
copies of this Contract, each of which shall be deemed an original.
10.11.7 Construction. In the event an ambiguity or question of intent or
interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted
jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of
proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this
Agreement.
10.12 TIME OF ESSENCE. Time is strictly of the essence of this contract and
each and every covenant, term, and provision hereof.
10.13 AUTHORITY OF CONTRACTOR. The Contractor hereby represents
and warrants to the City that the Contractor has the right, power, legal capacity, and authority to enter
into and perform its obligations under this Contract, and its execution of this Contract has been duly
authorized.
10.14 ARBITRATION OF DISPUTES. Any dispute for under $25,000
arising out of or relating to the negotiation, construction, performance, non-performance,
breach, or any other aspect of this Contract, shall be settled by binding arbitration in accordance with the
Commercial Rules of the American Arbitration Association at Los Angeles, California
and judgment upon the award rendered by the Arbitrators may be entered in any court having
jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim
filed or required to be filed against the City and reserves the right to conduct full discovery.
10.15 NOTICES. Any notice or demand to be given by one party to the other
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
must be given in writing and by personal delivery or prepaid first-class, registered or certified mail,
addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate
notice.
If to the City:
City of Vernon
Attention:
4305 Santa Fe Avenue
Vernon, CA 90058
If to the Contractor:
Any such notice shall be deemed to have been given upon delivery, if personally
delivered, or, if mailed, upon receipt, or upon expiration of three (3) business days from the date of
posting, whichever is earlier. Either party may change the address at which it desires to receive notice
upon giving written notice of such request to the other party.
10.16 NO THIRD PARTY RIGHTS. This Agreement is entered into for the sole benefit of
City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this
Agreement and no third party shall have any right or remedy in, under, or to this Agreement.
10.17 TERMINATION FOR CONVENIENCE (Without Cause). City may
terminate this Contract in whole or in part at any time, for any cause or without cause, upon fifteen (15)
calendar days' written notice to Contractor. If the Contract is thus terminated by City for reasons other
than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on
the services satisfactorily completed and accepted prior to the effective date of termination. Such
payment shall be Contractor's exclusive remedy for termination without cause.
10.18 DEFAULT. In the event either party materially defaults in its obligations
hereunder, the other party may declare a default and terminate this Contract by written notice to the
defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless
such default is cured before the effective date of termination stated in such notice, which date shall be no
sooner than ten (10) days after the date of the notice. In case of default by Contractor, the City reserves
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
the right to procure the goods or services from other sources and to hold the Contractor responsible for
any excess costs occasioned to the City thereby. Contractor shall not be held accountable for additional
costs incurred due to delay or default as a result of Force Majeure. Contractor must notify the City
immediately upon knowing that non-performance or delay will apply to this Contract as a result of Force
Majeure. At that time Contractor is to submit in writing a Recovery Plan for this Contract. If the Recovery
Plan is not acceptable to the City or not received within 10 days of the necessary notification of Force
Majeure default, then the city may cancel this order in its entirety at no cost to the City, owing only for
goods and services completed to that point.
10.19 TERMINATION FOR CAUSE. Termination for cause shall relieve the terminating
party of further liability or responsibility under this Contract, including the payment of money, except for
payment for services satisfactorily and timely performed prior to the service of the notice of termination,
and except for reimbursement of (1) any payments made by the City for service not subsequently
performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute
performance. If this Agreement is terminated as provided herein, City may require, at no additional cost
to City, that Contractor provide all finished or unfinished documents, data, and other information of any
kind prepared by Contractor in connection with the performance of Services under this Agreement.
Contractor shall be required to provide such document and other information within fifteen (15) days of
the request.
10.19.1 Additional Services. In the event this Agreement is terminated in whole or
in part as provided herein, City may procure, upon such terms and in such manner as it may determine
appropriate, services similar to those terminated.
10.20 MAINTENANCE AND INSPECTION OF RECORDS.
The City, or its authorized auditors or representatives, shall have access
to and the right to audit and reproduce any of the Contractor's records to the extent the City deems
necessary to insure it is receiving all money to which it is entitled under the Contract
and/or is paying only the amounts to which Contractor is properly entitled under the Contract or
for other purposes relating to the Contract.
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The Contractor shall maintain and preserve all such records for a period of at least
three (3) years after termination of the Contract.
The Contractor shall maintain all such records in the City of Vernon. If not, the
Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City
for all reasonable and extra costs incurred in conducting the audit at a location other than the City of
Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries,
private auditors, travel, lodging, meals, and overhead.
10.21 CONFLICT. Contractor hereby represents, warrants, and certifies that no
member, officer, or employee of the Contractor is a director, officer, or employee of the City of Vernon, or
a member of any of its boards, commissions, or committees, except to the extent permitted by law.
10.22 HEADINGS. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or accurate
description of the content thereof and shall not in any way affect the meaning or interpretation of this
Agreement.
10.23 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.
10.24 LIVING WAGES [AND PREVAILING WAGES WHERE APPLICABLEI. IF
PREVAILING WAGES DOES NOT APPLY MAKE SURE TO REMOVE HIGHLIGHTED LANGUAGE
BELOW PRIOR TO SUBMITTING FOR APPROVAL. Contractor, and any Subcontractor(s), shall
comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in
Exhibit "D". Upon the City's request, certified payroll records shall promptly be provided to the
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
City. [FOR PUBLIC WORKS AND RELATED CONTRACTS THE FOLLOWING PROVISIONS MUST BE
ADDED] The provisions of California Labor Code 1770, et seq., regarding the payment of prevailing
wages on public works, and related regulations, apply to all City contracts. In addition, the selected
consultant and/or any subcontractor must be currently registered and qualified (including payment of any
required fee) with the State Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the State Department of Industrial
Relations. If Living Wage Provisions and Prevailing Wage provisions should both apply to this Contract,
Contractor and all of its Subcontractors shall pay the higher of the applicable wages to the extent
required by law.
10.25 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and
represents that, during the performance of this Contract, it and any other parties with whom it may
subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees
and recipients of service are treated equally and are not discriminated against because of their race,
religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or
marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor
further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in
Exhibit "E".
[Signatures Begin on Next Page].
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
IN WITNESS WHEREOF, the Parties have signed this Agreement as of the Commencement
Date stated on the cover page.
City of Vernon, a California charter City [CONTRACTOR'S NAME, a [State
and California municipal corporation incorporated in] corporation
By:
By:
[Insert Name and Title]
Name:
Title:
ATTEST:
By:
Name:
Maria E. Ayala, City Clerk
Title:
APPROVED AS TO FORM:
Hema Patel, City Attorney
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
EXHIBIT A
REQUEST FOR PROPOSALS
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
EXHIBIT B
PROPOSAL
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
EXHIBIT C
SCHEDULE
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VERNON PUBLIC UTILITIES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
EXHIBIT D
LIVING WAGE PROVISIONS
Minimum Living Wages:
A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with
health benefits, or $11.55 per hour without health benefits.
Paid and Unpaid Days Off:
Employers provide qualifying employees at least twelve compensated days off per year for sick leave,
vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave.
No Retaliation:
A prohibition on employer retaliation against employees complaining to the City with regard to the
employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court
against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel
City officials to terminate the service contract of violating employers.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
EXHIBIT E
EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES PROVISIONS
A. Contractor certifies and represents that, during the performance of this Agreement, the contractor
and each subcontractor shall adhere to equal opportunity employment practices to assure that
applicants and employees are treated equally and are not discriminated against because of their
race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further
certifies that it will not maintain any segregated facilities.
B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment
placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all
qualified applicants will receive consideration for employment without regard to their race, religious
creed, color, national origin, ancestry, handicap, sex or age.
C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the
performance of this Agreement, discriminated against applicants or employees because of their
membership in a protected class.
D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its
awarding authority, provide copies of all of its records pertaining or relating to its employment
practices, except to the extent such records or portions of such records are confidential or privileged
under state or federal law.
E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any
act which is prohibited by law.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
EXHIBIT C
PROGRAMMING
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
The following table indicates the VPU's design program with the estimated areas for each room
per floor. The number of floors and square footage necessary for the programming should be
modified based on the DBE's design concept and efficiencies.
First Floor
Programming
Use
Estimated usable area
sf
Estimated gross area
sf
Lobby
Public
600
840
7 employee offices / work areas
Administrative
840
1,176
Technology/training/multi-
purpose room for 100+
Public
1,500
2,100
Library
Public
1,500
2,100
Food Retail
Public
1,500
2,100
Kitchen/Break Room
Public
1,500
2,100
Restrooms
Public
750
1,050
Large Conference Room 50+
Public
2,000
2,800
Second Floor
17 employee offices / work
areas
Administrative
2,040
2,856
Conference room A
Public
1,200
1,680
Conference room B
Public
1,200
1,680
Restrooms
Administrative
750
1,050
Gym with restrooms and
shower
Administrative
2400
3,360
Kitchen / Break room
Administrative
500
700
Third Floor
30 employee offices / work
areas
Administrative
3,600
5,040
Conference Room
Public
600
840
Restrooms
Administrative
750
1,050
Gym with restrooms and
shower
Administrative
2,400
3,360
Kitchen / Breakroom
Administrative
500
700
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
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SCOPE OF SERVICES
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
Scope of Services
1. General Services
The Design- Build Entity (DBE) will perform the Work in accordance with the RFQ, the RFP,
the Agreement, the Proposal, and other documents referenced or provided in the listed
documents. The final design and construction must provide all Work included in the
RFQ/RFP documents. The Scope of Services for the Project includes all disciplines
necessary to completely design and construct the Project, including without limitation, all on -
site and off -site work. The DBE shall provide all customary services normally provided under
the umbrella of the design -build method of project delivery, including, but not limited to, the
following services:
a. Provide full design services. Develop civil, landscape, architectural, structural,
mechanical, acoustical, plumbing, electrical, fire sprinkler, fire alarm, security,
telephone/data, audio/visual, and signage final Construction Documents for the site
and offsite components of the project.
b. Prepare and secure approval of Grading Plan, Fire Master Plan, Fire Department
Access Plan, Parking Plan, Water Quality Management Plan (WQMP), Low Impact
Development (LID) Plan, and Storm Water Pollution Prevention Plan (SWPPP).
c. Provide submissions as required for review and approval by various City
Departments.
d. Apply for and secure all required agency approvals and permits including: all City
permits, such as demolition, grading, building, mechanical, electrical, plumbing,
encroachment; WQMP permits and Permit Registration Documents (PRDs) required
for submission to the State Regional Water Quality Control Board; and other
jurisdictional agency permits. All related code compliance and administration is the
responsibility of the DBE.
e. The City has provided a Boundary Survey (Exhibit E) and a Geotechnical
Investigation Report (Exhibit F). The DBE shall be responsible to provide any
additional testing, investigation, and/or reports required for the Work. DBE shall
provide site survey for design and construction.
f. The Project -required demolition shall include hazardous material abatement, removal
and replacement of site utilities and appurtenances, and other improvements within
the Limits of Work.
g. The DBE shall provide all construction, procurement, scheduling, estimating, value
engineering, general contracting, building commissioning, project closeout, and
warranty services. The completed Project shall be a fully furnished and functioning
facility.
h. The DBE shall construct the Project so the Project is substantially complete and
suitable for occupancy as evidenced by the City's Notice of Substantial Completion. In
addition, the DBE shall complete all punch list items, submission of documents, and
any other necessary items to complete all Work, as evidenced by a Notice of Final
Completion by the City.
i. During all phases of work, DBE shall collaborate with the City staff.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
2. Phases of Work
DBE shall submit the In -Progress Drawings and Specifications for the Project for review and
approval in accordance with the following schedule. The Descriptions herein are the
minimum requirements for the submittal noted. The City encourages the use of Building
Information Modeling (BIM) in this project to provide a fully coordinated, consistent model of
all discipline's detailed design work.
In addition to In -Progress Drawings and Specification Submittals, Cost Estimate/Project
Budget Submittals are required at each milestone listed below. Submission of Schedule shall
comply with the requirements noted in the RFP. Within 10 days after notification of award,
the DBE shall prepare and submit a Design -Build Schedule for the design phase of the
Work, both in hard copy and electronically for the City's approval. The contract time for
completion of the design shall include adequate time for City review and final approval. The
design schedule shall include a program verification and conceptual design phase, and City
review, backcheck and final approval phase.
Within ten (10) days of starting the Schematic Design Phase, the DBE shall prepare and
submit a Preliminary Design -Build Construction Schedule, both in hard copy and
electronically for the City's approval. The Design -Build Construction Schedule shall include a
Submittal Schedule. After completion of the Design Development drawings, the DBE shall
prepare and submit a detailed Design -Build Construction Schedule, both in hard copy and
electronically, for the City's approval. The Design -Build Construction Schedule shall
establish the baseline construction schedule and shall include a Submittal Schedule with
material procurement information. Upon approval of the construction schedule, the DBE shall
proceed with the construction of the project in accordance with the approved schedule. The
construction schedule include a construction phase, commissioning phase, Substantial
Completion Milestone, close out phase and Final Completion Milestone.
A. Programming/Conceptual Design Documents
The DBE shall attend a kickoff meeting with the City to initiate and maintain a
collaborative partnering process throughout the Project and to discuss the programming,
project objectives, procedures, and requirements. The kickoff meeting shall include all
key team members of the DBE.
For the Conceptual Design Phase as well as the subsequent phases of Schematic
Design, Design Development, and Construction Documents, the DBE shall provide
written impact evaluations of any variance to the City's project criteria, provide any
recommended alternative approaches to design and construction of the project, and a
copy of each phase of Design Documents in a reproducible format.
B. Schematic Design Documents
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
Upon receipt of approval by the City of the Conceptual Design Documents, the DBE shall
prepare, for written approval by the City, Schematic Design Documents for the Project,
which shall include:
1) Site plans, floor plans, elevations, sections, small scale floor plans with room numbers
and ASF, and other sketches or graphic materials needed to describe the Project in three
dimensions;
2) Descriptive outline Specifications indicating proposed architectural, structural,
mechanical, plumbing, electrical, civil, landscape and irrigation systems and materials,
and other systems and materials to be used on the Project;
3) A "basis of design" narrative and supporting documentation for the design criteria for
the structural elements, HVAC, plumbing, electrical, lighting and communication systems
and other specialized building systems; and
4) A preliminary digital representation of physical and functional characteristics of the
project. The DBE is encouraged to include a Building Information Model (BIM)
representing the architectural, structural, MEP, and site utility design of the Project.
Preliminary renderings from three exposures are required with the Schematic Design
submittal.
C. Design Development Documents
Upon receipt of approval by the City of the Schematic Design Documents, the DBE shall
prepare, for written approval by the City and CM, Design Development Documents for the
Project, which shall include drawings, outline specifications, and updated design
narratives as needed to establish and describe the size and character of the Project. The
DBE shall incorporate into the Design Development Documents architectural, structural,
mechanical, plumbing, electrical, civil, landscape and irrigation systems, materials, and
such other elements and systems appropriate to the Project. The City encourages the
DBE to submit an electronic copy of a BIM model and include a BIM `Walk Through' as
part of the Design Development phase. Final renderings from three exposures are
required with the Design Development Submittal.
D. Construction Documents
Upon receipt of approval by the City of the Design Development Documents, the DBE
shall prepare for written approval by the City, Construction Documents for the Project.
The DBE shall submit the Construction Documents at the following points in time:
1) 50% completion;
2) 90% completion (plan check set); and
3) 100% completion (permit set).
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
Upon completion of the 90% CDs or sooner as may be appropriate for the Project and
confirmed by the City, the DBE shall prepare and submit Bid Packages for review and
approval by the City. The Construction Documents shall not be considered Final
Construction Documents until all approvals by the City and Governmental Authorities
have been obtained by the DBE. Each submittal required by this paragraph shall include
a summary of the calculations for the structural, HVAC, electrical, plumbing,
communications and other specialized building systems.
E. Constructability and Coordination Reviews
Once every two weeks until each permit package is completed and project construction
documents are complete, the DBE shall meet with the City to coordinate the Construction
Documents, including design of building systems, to continue construction feasibility,
identify conflicts, missing information or gaps in the planned Work and to take appropriate
action to ensure the full scope of the intended Work is performed efficiently.
2.2 Construction Phase
DBE shall be responsible for the following scope of services during construction:
A. Duties of the Awarded DBE
It is the responsibility of the DBE to schedule and coordinate the construction work. The
DBE shall not perform work without construction documents and , when required,
approved shop drawings, product data, samples, or mockups for such portions of the
work.
The DBE shall coordinate the work of all its Subcontractors. The DEB shall be fully
responsible for the safety of workers, material, and equipment, as well as public safety
relative to the Work, at all times during construction.
B. Project Management and Supervision
The DBE shall employ sufficient personnel and management to complete the Work for
the Project. The DPE shall employ a competent superintendent who shall be on site full
time during the progress of the work. The DBE shall employ a Project Manager (PM) who
shall represent the DBE and all communications given to the PM shall be as binding as if
given to the DBE. The DBE PM shall maintain involvement on the project throughout the
course of construction. The DBE shall provide any additional personnel necessary for
supervision and management of the work.
C. Schedule
The DBE's baseline master schedule shall be submitted, reviewed and approved by the
City prior to start of Construction. DBE shall provide monthly updates to the Master
Schedule and submit as part of the monthly progress payment applications. In addition,
DBE shall provide a 4-week look -ahead schedule at each weekly construction meeting.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
D. Communications
The DBE shall forward all communications to the Director of Public Works. Internal DBE
communication regarding RFIs and Submittals shall be made available to the Director of
Public Works.
E. Use of Site
The DBE shall coordinate all of its operations with the City. DBE shall be responsible for
all site security, and provide protection of materials, tools, and equipment on the Project,
The DBE shall employee such security services as may be necessary to properly protect
and safeguard the work.
DBE shall maintain protection of the site as necessary to prevent accidents, injuries or
damage. DBE shall provide temporary fencing around the entire perimeter of the project
site. DBE is to protect the site from graffiti during construction and provide graffiti removal
within 24 hours. Offensive and/or extensive graffiti must be removed immediately.
DBE shall secure all building permits and special permits for the work.
F. Project Records and Document Control
DBE shall maintain the following reports and records at the site and electronically on a
shared web -based system: construction plans, specifications, master schedule, daily logs
of work progress and manpower, submittals (including shop drawings, product data, and
submittal log), RFIs (including RFIs, the responses to RFIs and RFI log), contracts,
change orders, invoices (which shall include the DBE's payment applications and upon
request by the City any material, equipment, and subcontractor invoices), releases,
Contractor and Subcontractor IIPPs, SWPPP, and SWPPP inspections. Submittal
samples and mockups shall be maintained on -site. As -built drawings shall be updated on
a monthly basis or more frequently as appropriate.
G. Preconstruction Kickoff Meeting
DBE shall conduct a Preconstruction Kickoff Meeting. The discussion shall include the
following items:
1. Contracts, Insurance, and Bonds.
2. Designation of Personnel.
3. Construction Schedules Contract Duration, NTP.
4. Working Hours.
5. List of Subcontractors
6. Submission and Process for RFIs and Submittals
7. Drawings and bulletins
8. Progress payments, schedule of values, as-builts
9. Labor compliance and prevailing wage
10. Permits, Parking and Staging
11. Procedures for testing and inspection
12. SWPPP
13. LID
14. Utility coordination
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
15. Schedule of weekly Construction Meetings.
H. Weekly Construction Meetings
DBE shall attend weekly meetings to discuss matters relevant to the construction of the
Project. The DBE shall preside at the meetings; prepare and distribute a 4-week look
ahead schedule, logs for RFls, and submittals. Attendance is required of the DBE's
Superintendent, Project Manager, and Project Architect ( and major subcontractors or
consultants as relevant).
DBE shall prepare all submittals including shop drawings, product data, samples and
mockups. DBE's design team shall be responsible for review and approval of submittals.
However, DBE shall provide copies of all submittals to the Director of Public Works for
City's review. The DBE shall ensure that all submittals are in compliance with the City's
Project Criteria and the Contract Documents. Any Substitution requests shall be
presented to the City's Director of Public Works for the City's review and approval as well
as the DBE design team's review and approval. Mockups shall be provided for City
review and approval including mockups for the exterior assembly, concrete flat work, and
others as appropriate.
J. Means and Methods
The DBE shall be responsible for all construction means, methods, techniques,
sequences or procedures in the performance of the work. DBE shall arrange for the
storage and protection of materials.
K. Startup and commissioning
The DBE shall provide all startup, testing, and balancing of equipment. DBE shall also
provide all commissioning for the project.
L. Training of City Employees
The DBE shall provide all training of the City employees in the use, operation, and
maintenance of systems, material, and equipment. DBE shall video the training sessions
and provide a copy of the video to the City.
M. Close Out Documents
Provide all close out documents in both hard copy and electronic copy, as required by the
City, including all guarantees and/or warranties, operation and maintenance manuals, a
complete full-size bond set of as -built drawings, complete, bound as -built specifications,
hard copy of as -built structural and all other engineering calculations, all revised to
include recorded construction changes. All changes in the specifications shall be itemized
on a duplicating master, and the master submitted to the City. All addenda/changes shall
be incorporated in these documents. All as -built drawings will comply with City standards,
unless otherwise approved in writing by the City.
N. Maintenance and Warranty Walk
After the City issues the Final Completion and acceptance of the landscape and irrigation
work, a ninety (90) day "landscape maintenance period and a one (1) year building and
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
site warranty period will commence. The DBE shall replace any plants and trees that die
of are diseased during the landscape maintenance period, replace any tree that die
during the one year warranty period and repair or replace any warranty items.
O. The DBE will attend a walk of the entire sire with the City approximately 300 days after
the start of the warranty period to review the conditions of the project for any potential
warranty items. The Director of Public Works will prepare and "300-Day Punch List" that
itemizes any warranty repairs items. The DBE will be responsible to repair these items.
3. Permits and Approvals
The DBE shall take all steps necessary to submit applications and promptly secure all
approvals and permits by the City and other jurisdictional agencies for the completed
Construction Documents and for the entire work. The DBE shall furnish copies of all permits
to the City.
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
EXHIBIT E
BOUNDARY SURVEY
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VERNON PUBLIC UTILITES OFFICE BUILDING PROJECT REQUEST FOR PROPOSALS
EXHIBIT F
GEOTECHNICAL REPORT
Page143