1 CITY OF REDONDO BEACH
WATERFRONT & ECONOMIC DEVELOPMENT DEPARTMENT
Request for Proposals (RFP)
#xxxx-xx
A NEW PUBLIC BOAT LAUNCH AT MOLE D OF THE CITY OF
REDONDO BEACH’S WATERFRONT
RFP Issued:
Proposals Due:
Proposals Must Be Delivered To:
City of Redondo Beach – City Clerk
415 Diamond Street, Door 1
Redondo Beach, CA 90277
2 RFP SCHEDULE
ITEM DATE
Proposals Due 6 weeks after CC approval of RFP
Evaluation Period 3 weeks after due date
Interviews (tentative) Within 2 weeks of evaluation period Contract Award (tentative) Next available City Council meeting SECTION 1: INFORMATION FOR BIDDERS
NOTICE IS HEREBY GIVEN that the City of Redondo Beach, California, will receive proposals for preforming the following:
The City of Redondo Beach (City) requests that interested engineering firms submit a proposal for design, engineering, permitting, construction oversight, and grant application support for the construction of a new public boat launch to be located on Mole D of the City of Redondo Beach’s Waterfront. The City is in the process of applying for a grant through the California Division of Boating and Waterways, which would cover costs associated with permitting and construction. Any costs associated with necessary studies, environmental review, and entitlements for design efforts of the new boat launch will be covered by the City.
1.1 SUBMISSION OF PROPOSAL
Proposals will be received by the Purchasing Department of the City of Redondo Beach, 415 Diamond Street, Door 1, Redondo Beach, California, until 2:30 p.m. PDT on XXXXX.
Proposals received after specified date and time will be considered late and returned to the bidder unopened. Each proposal shall include the forms provided in the RFP, and shall be submitted complete, in accordance with the RFP instructions in a sealed package with the proposal number and the name and address of the bidder appearing on the outside of the package. Proposals submitted by telephone, fax, or electronic mail will not be accepted. The City of Redondo Beach reserves the right to reject any and all proposals received and, to the extent permitted by law, to waive any irregularities in any proposal.
The RFP may be obtained at the City website
www.redondo.org/depts/financial/purchasing.asp.
Every proposal must be signed by the person or persons legally authorized to bind the bidder to an agreement. Upon request of the City, the corporation or other entity will provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the proposal to execute agreements on behalf of the corporation or other entity.
3 1.2 PROPOSAL FORMAT
Proposals shall comply with requirements detailed in Section 3 “PROPOSAL REQUIREMENTS”. Incomplete proposals will be rejected. Incorrectly ordered proposals, proposals lacking required quantity of copies, or proposals with other deficiencies may also constitute cause for rejection.
1.3 OPENING OF PROPOSALS
Proposals will be opened and evaluated by the City after the submittal deadline.
Proposals will not be opened publicly and the City will endeavor to keep the proposals confidential until a preferred bidder is recommended to the City Council. No information contained in any proposal or information regarding the number or identity of consultant will be made available at any time during the selection process.
1.4 RIGHT OF REJECTION BY CITY
The City of Redondo Beach expressly reserves the right, at its sole discretion, to reject any and all proposals or any part of any proposals, to waive minor defects or technicalities, or to solicit new proposals on the same project or on a modified project which may include portions of the originally proposed project as the City may deem in its best interest. In the event of any such rejection, the City shall not be liable for any costs incurred in connection with the preparation and submittal of a proposal. The City also reserves the right to waive any information in conjunction with the proposals.
1.5 ACCEPTANCE OF PROPOSALS
Within one hundred-eighty (180) days after the final submittal deadline for proposals, the City will act upon them. The highest-ranking firm (as determined by the Staff Evaluation Committee) will be requested to enter into negotiations to produce an Agreement for Services. The City reserves the right to terminate negotiations, without any cost to the City, in the event it deems progress toward a contract to be insufficient. In that event, negotiations may commence with the second highest ranking firm.
1.6 ACCEPTANCE PERIOD
All proposals shall be firm offers and the proposal shall be valid for 180 days following the RFP submission deadline set forth in Section 1, under “Submission of Proposals”.
1.7 SOLE POINT OF CONTACT
Bidders must direct all questions, clarifications, request for information, etc. regarding the RFP in writing to the [email protected] email address. Bidders may not contact other City officials or staff regarding this RFP.
4 1.8 QUESTIONS
All questions regarding the meaning or intent of the information provided in this RFP, including procedure, specifications, and contract provisions, shall be submitted to the City contact, shown below, in writing via e-mail.
Any change in the RFP or its requirements will made by the City by issuance of an addendum which will be sent to all recipients of the RFP, and such addendum shall be a part of the RFP requirements. The City will not be responsible for any oral interpretation of the RFP. Questions shall be addressed to:
CITY OF REDONDO BEACH
Waterfront and Economic Development Department
415 Diamond Street
Redondo Beach, CA 90277
Attention: Greg Kapovich – New Boat Launch RFP #XXXX-XX Email: [email protected]
All communication regarding this RFP between the City and bidders will be documented and distributed simultaneously to all bidders. Bidders may not contact other City officials or staff regarding this RFP.
1.9 SELECTION PROCESS
The selection process will be governed by the following rules:
A. Adherence to Format
A proposal must adhere to the format outlined in Section 3 Required Proposal Format of this RFP in order to be evaluated by the City. Each response should be specifically addressed to the applicable section of the RFP.
B. Evaluation by Staff Committee
Evaluation of the proposals will be made by a Staff Evaluation Committee.
Evaluation Criteria which the Committee will utilize, but not to be limited to, is referenced in Section 1.10 and shown in Attachment 1. The City may utilize the services of appropriate experts to assist in the evaluation process.
C. Oral Interview/Demonstration
The City may, at its option, invite one or more of the highest-ranking firms to make a verbal presentation and demonstration to the Staff Evaluation Committee.
More details on the selection process are included in Attachment 1.
1.10 EVALUATION CRITERIA
Selection will be made on a best value basis. Details on source selection criteria, weighting and evaluation process are detailed in Attachment 1. 5 1.11 ACCEPTANCE OF TERMS AND CONDITIONS/SPECIFICATIONS The proposal submitted will be the basis for the Agreement for Contract Services.
Submission of a proposal shall constitute acknowledgement and acceptance of all the terms and conditions contained in this RFP, including Attachments and Addenda, unless otherwise specified in the proposal. Refer to Attachment III: Sample Agreement for terms and conditions.
1.13 PROTEST PROCEDURES
City policy requires that all prospective contractors to be accorded fair and equal consideration in the solicitation and award of contracts. To that end, any interested party shall have the right to protest alleged inequities in the procurement process and to have its issues heard, evaluated and resolved administratively. “Interested party” is defined as an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by failure to award a contract.
Protests regarding any aspect of this RFP, the solicitation process, or the proposed award of a contract must be submitted in accordance with the following procedures.
A. Types of Protests
There are three basic types of protests, based on the time in the procurement cycle when they occur. Differences in the protest process between these three types, if any, are noted.
1. Pre-bid or Solicitation Phase Protest is received prior to the bid opening or proposal due date. A Pre-bid Protest must be received by the City prior to the published time and date for receipt of proposals or bids following the content and submission procedures specified herein. Depending upon when the protest is received and the agency’s review, the City may or may not delay the bid opening or proposal due date.
2. Pre-award Protest is a protest against making an award and is received after receipt of proposals or bids, but before award of a contract. A Pre-award Protest must be submitted to the City following the content and submission procedures specified herein within three (3) working days of the date the protester learned or should have learned of the basis of appeal. Pre-award Protests must be received by the City prior to the agency’s formal action on the contract award. Depending upon when the protest is received and the agency’s review, the City may or may not delay the contract award.
3. Post-award Protest is received after award of a contract. A Post-award Protest must be submitted to the City following the content and submission procedures specified herein within five (5) working days of the date the protester learned or should have learned of the basis of appeal.
B. Content and Submission of Protests
Protests must contain the following information:
6 ● Description of the solicitation or contract and number; ● Name of protestor with address, contact individual, phone numbers and email addresses;
● Statement of the grounds for protest; and
● Statement of the proposed relief or remedy.
Protests must be submitted in writing email with hard-copy back-up, USPS, FedEx or other package delivery service, via facsimile copy, or hand-delivered to:
City of Redondo Beach
Waterfront and Economic Development Department
Greg Kapovich, Director
415 Diamond Street
Redondo Beach, CA 90277
Email: [email protected]
C. Evaluation and Decision on Protest
Upon receipt of a protest, the City of Redondo Beach will review the grounds for the protest and, within five (5) working days provide a written response addressing in detail each substantive issue raised in the protest. A copy of the protest and the City’s decision will be transmitted to the protester and to each firm or individual who has received a copy of the RFP or solicitation. The Director of the Waterfront and Economic Development Department for the City of Redondo Beach is the responsible official for evaluation of protests and has the authority to make the final determination in matters of protest. With the exception of a reconsideration as noted below, the decision of the City of Redondo Beach will be final.
Should material information become available subsequent to the Waterfront and Economic Development Department Director’s decision on a protest or the protester believes that an error has been made of law or regulation, the protester may request reconsideration of that decision by formal notice to the Waterfront and Economic Development Department Director within five (5) working days of the date of the original protest decision.
1.13 PUBLIC RECORDS ACT
Responses to this RFP become the exclusive property of the City of Redondo Beach. At such time as the originating department recommends a contractor to the City Council and said staff report appears on the City Council agenda, all unreturned proposals shall be treated as public records and shall be subject to the Public Records Act with the exception of those elements of each proposal which are defined by the contractor as business or trade secrets and plainly marked as “Trade Secret”, “Confidential” or “Proprietary”. Each element of a proposal which a contractor desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages, documents or other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If disclosure is required or permitted under the California Public Records Act or otherwise by law, the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof. 7 1.14 COST OF PREPARATION OF PROPOSAL
Proposal submitters are responsible for all costs incurred in the preparation and the submittal of the proposal.
1.15 COMPENSATION
City shall compensate Contractor on a monthly basis in arrears for performance of the services provided as specified in Scope of Services, of this RFP. Compensation details will be provided and detailed in the award agreement. Bidders may include a proposed modified Payment Schedule for the City’s consideration. Bidders will not be compensated for the costs incurred responding to this RFP.
1.16 OBTAINING DATA
It shall be the contractor’s sole responsibility to obtain all data necessary to complete work in a timely manner. The City will make available any data in its possession which is relevant to the project upon the contractor’s request.
1.17 PERMITS AND RESPONSIBILITIES
Prior to commencing work or performing any phase of work, the contractor will be required, at its own expense, obtain a City of Redondo Beach business license.
Information on the cost of the license can be obtained from the City Financial Services Department, (310) 318-0603.
1.18 INSURANCE, ENDORSEMENTS, AND CERTIFICATE
Prior to commencing work or performing any phase of work, contractor will be required, at its own expense, to provide the City with certificates of insurance. Insurance requirements are listed in Attachment III: Sample Agreement.
1.19 NONDISCRIMINATION
The contractor, with regard to the work performed by it during the contract, will be required to agree not to discriminate on the grounds of race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry in any activity pursuant to this Agreement.
1.20 APPROVAL OF SELECTION AND AWARD OF AGREEMENT
This procurement will comply with all applicable City procurement policies and procedures. Contractor selection is subject to approval by the Redondo Beach City Council. Evaluation factors as outlined in this RFP will be applied to all eligible, responsible, and responsive bidders in comparing proposals and selecting the successful 8 proposal. The City is not obligated to accept the lowest cost proposal, but will make an award as submitted in the most-favorable terms.
The Staff Evaluation Committee will select a bidder with which the City will negotiate an agreement, (based on Attachment III: Sample Agreement) that will be recommended to the City Council for review and approval. Award of an Agreement will be contingent upon the successful negotiation of final agreement term. Negotiations will be confidential and not subject to disclosure to competing bidders. If agreement negotiations cannot be concluded successfully with the selected firm, the City may negotiate an agreement with other bidders or withdraw the RFP.
SECTION 2: PROJECT BACKGROUND, GOALS AND
OBJECTIVES, AND SCOPE
2.1 BACKGROUND & PROJECT GOALS
The City of Redondo Beach is a 6.2 square mile beach community with a population of approximately 67,000. The City is located twenty-five miles southwest of downtown Los Angeles and a significant portion of the City fronts the coastline. In 2022, City Council approved a new vision for the Waterfront called “The Public Amenities Plan”, which is focused on significant reinvestment into the amenities offered to residents and visitors inclusive of a new public boat launch on Mole D. As approved and envisioned in the Public Amenities Plan, the proposed new boat launch will consider the launch ramp, vehicletrailer parking stalls, wash down area, launch queuing areas, turn-around circle, public restrooms/showers/employee office, security cameras, striped pedestrian crossings, emergency call boxes, and a boat wash down area. Public Boat Launch sections of the Public Amenities Plan have been included as Attachment II below.
The area for the new public boat launch, as anticipated by the Public Amenities Plan is located on Mole D, just south of the Seaside Lagoon, and north of the Redondo Beach Pier. It contains a stand-alone 10,000 square-foot, vacant, one-story building at 207 N.
Harbor Drive (formerly Sambas by the Sea restaurant). The vacant restaurant building was constructed in 1991. It is a single-story, wood framed building, clad with wood siding and artificial stone. The Public Amenities Plan determined the building to be in good condition but noted that the new public boat launch facility is anticipated to require a teardown of the building to accommodate the necessary boat launch, parking, and queuing space for vehicular and boat traffic. The building was evaluated in 2015 and determined to have no historical significance.
Mole D also consists of three stand-alone 5,000 square-foot restaurant and event buildings, approximately 3,000 square feet of office space, and a boat hoist, all of which share a surface parking lot. These structures would be retained but the Public Amenities Plan determined that the public boat hoist would be removed upon construction of the 9 new boat launch and the shared surface parking lot would require reconfiguration to accommodate the new boat launch, inclusive of necessary trailer parking, boat launch queuing, turn-around maneuverability, etc.
In 2010, local voters adopted the Redondo Beach Local Coastal Program (LCP) for the King Harbor-Pier area through an initiative measure known as Measure G. Among other things, Measure G instituted a 400,000 square foot additional development cap for the Harbor area and included a requirement that a public boat launch be constructed in the Harbor prior to any future development. To date, no boat launch has been constructed.
Subsequently, in response to public concern over significant redevelopment of the Harbor area in 2015, a group of local residents drafted a local voter initiative known as the King Harbor Coastal Access, Revitalization, and Enhancement Act—or Measure C, for short.
Measure C is meant to preserve and expand public access to King Harbor and ensure safe enjoyment of coastal-dependent, water-oriented recreational uses is maintained.
The passage of Measure C applied a framework for the Public Boat Launch that included the following requirements:
• A minimum of two lanes
• A minimum of 30 double-length boat trailer/vehicle parking stalls per launch lane • Designs for the launch, parking, and vehicular access routes shall conform to the design guidelines of the California Division of Boating and Waterways, as well as the American Association of Highway and Transportation Officials • Shall not result in any net loss of boat slips
• Shall not interfere with or adversely impact public access to or public use of other coastal-dependent recreational uses
• Shall be at a safe distance from any human powered watercraft launch points and swimming areas
• Shall be designed to accommodate safe launch and recovery in harbor surge conditions
• Shall not be sited in any location where waves topping the outer breakwater may create safety hazards in launching or recovery, or damage risk to vessels, vehicles, or trailers
• Shall have directional signage indicating that the launch is open for public use Measure C imposed an interim development cap of 10,000 square feet of additional development until a boat launch is constructed and operational in the harbor. The city’s intent is to construct a new boat launch and remove the interim development cap.
The City is requesting consultant services to design a new public boat launch facility that fulfills the intent of the Public Amenities Plan while adhering to necessary Measure C standards. Considerations for overall design will be based on the outcome of the bidder performing the following studies; (1) parking study to ensure the boat launch and surrounding uses have an adequate parking supply, (2) a traffic circulation study to ensure the boat launch and associated queuing/turn-around areas do not cause on-site or off-site circulation issues and identifies appropriate points of entry from surrounding 10 rights-of-way and (3) a boat launch demand study to determine the appropriate number of launch lanes to serve the region. Upon completion of the necessary studies, the consultant will also coordinate community input (general public and boating community) and Harbor Commission input. Overall design considerations will also be based on cost estimates for construction and ongoing operations, Measure C requirements, sea level rise impacts, municipal code development standards, and guidelines of the California Division of Boating and Waterways, as well as the American Association of Highway and Transportation Officials. While the Public Amenities Plan envisions removal of the existing boat hoist at Mole D, consultant services and any necessary study also include an optional analysis for the contractor to maintain the boat hoist at its current location.
Consultant services will also include obtaining the necessary entitlements/coastal development permits from the City of Redondo Beach Harbor Commission, environmental analysis, technical input and assistance with the Grant application process (further described below), procurement of building permits, assistance with construction contractor selection, and construction oversight.
Section 4 provides a detailed Statement of Work (SOW) and Section 5 describes all required Contract Deliverables (CDRLs)
2.2 STATE GRANTED FUNDS
As part of an effort to revitalize the Waterfront, the City is working with the State of California Parks and Recreation Department, Division of Boating & Waterways to obtain state funding for the permitting and construction phases of the project. The City of Redondo Beach will fund the initial design and entitlement phase. State representatives will begin considerations for permitting and construction when the initial design phase is underway. Consultant services include aiding City staff with the grant application process, which will commence once the contract has been awarded.
SECTION 3: PROPOSAL REQUIREMENTS
REQUIRED PROPOSAL FORMAT, CONTENT, AND ASSUMPTIONS
3.1 PROPOSAL FORMAT
Proposals shall be provided in an 8-1/2” x 11” format and be submitted in three-ring binders or in bound booklets; one original, so marked; five (5) copies, marked “Copy;” and one electronic copy on a flash drive. If documentation provided is incomplete, the Bidder may be considered non-responsive and ineligible for award of contract. Each Page shall include a minimum of a 1” margin on each side. The header of each page shall include the RFP name, Number and Prime Contractor. The bottom of each page shall include a page number and any required confidentiality markings. Narrative text shall be Helvetica font with a minimum of 10 font size. Text in tables and graphics shall be Helvetica font with a minimum of 8 font size. Any required foot notes must be Helvetica font with a minimum 10 font size.
11 3.2 PROPOSAL INCLUSIONS
Proposals must include the following:
1. Cover Letter. Each proposal will include a cover letter that identifies the contractor, address, phone number, email and individual who is authorized to negotiate and respond to any questions. If the proposal is submitted on behalf of a team, identify the prime contractor and companies comprising of that team. The cover letter should also highlight major elements of the bidder’s qualifications and proposal.
The cover letter must also provide a statement that the proposal is valid for a minimum of 180 days after the RFP submittal deadline.
2. Table of Contents. Immediately following the cover page, each bidder must include a Table of Contents identifying the various sections in the proposal along with the applicable page numbers. All pages in the proposal are to be numbered sequentially. The Table of Contents shall also include a Table of Tables and a Table of Figures identifying each Table and Figure by Table or Figure Number, Title, and their applicable page number.
3. Executive Summary. Provide an Executive Summary of the proposal that summarizes the following:
• The teaming structure and summarized role and qualifications of each subcontractor mapped to the Statement of Work (SOW).
• Management team and summarized roles and qualifications. • Summary schedule
• Proposed price
The Executive Summary shall be a maximum of two pages
4. Technical and Management Volume
a) Technical Approach/Work Plan. Provide a detailed narrative addressing the technical approach/work plan proposed to perform the work, demonstrating the understanding of and ability to meet City’s needs and requirements. Clearly demonstrate how the Contractor proposes to accomplish each task listed in the Statement Of Work and Contract Deliverable requirement.
• The technical approach shall describe how work is allocated to each subcontractor.
• The technical approach shall describe the project organization chart (with names of proposed staff and responsible
subcontractor) and how Statement of Work tasks and Contract Deliverables are allocated to each person on the org structure. 12 • The technical approach shall discuss how the Contractor will incorporate the results of studies, design trades, and cost trades into the design increments.
• The Technical Approach shall discuss how the Contractor’s Program Manager will integrate and control the efforts of the proposed staff and subcontractors to meet Statement of Work, Contract Deliverables, Cost and Schedule requirements
• The Technical approach shall provide details of how the contractor proposes to:
o Interface with and incorporate inputs from outreach to the general public and boating community, as well as, City
Staff, the Harbor Commission, and City Council.
o Support City staff in project pre-coordination with Division of Boating and Waterways and the Coastal Commission
Staff and incorporate any feedback into the Contract
Deliverables.
o Identification of coordination required with other external organizations should be included.
• The technical approach shall highlight any assumptions the Contractor had to make to address RFP requirements.
• The technical approach shall identify any proposed deviations from the Contract Deliverables, schedule, or Statement of Work.
If the contractor proposes deviations from the Contract Deliverables, schedule, or Statement of Work, the Contractor shall list and justify why the deviations are beneficial to the City of Redondo Beach
• The contractor may propose innovations that would result in reduced risk and/or improved quality of deliverables, and/or reduced schedule, and/or cost savings to the City. Innovations may also address boat launch construction or final product cost, schedule, and/or performance/functionality.
The Technical Approach/Work Plan shall not exceed 100 pages. b) Project Schedule: Provide a schedule demonstrating how the contractor proposes to accomplish each Statement of Work task and each Contract Deliverable. Include provision for the City and Agency staff reviews and activities as considered necessary and as required by the Statement of Work. Propose alternatives for potential levels of environmental review (Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report). The schedule shall include a narrative that clearly demonstrates:
• How the Contractor proposes to integrate study results and public/boating community input into each design deliverable. • How the Contractor mitigates schedule risk to meet all deliverables after contract Notice to Proceed (NTP).
13 The contractor may propose innovations that accelerate deliverable and Statement of Work execution schedule.
The narrative portion of the schedule shall not exceed 5 pages.
5. Past Performance Volume
a) Bidder Qualifications: Provide a description of the overall history and qualifications of the Bidder. Bidders shall describe the history of the contractor, including the size, location of offices, years in business, contract terminations, and name of owner(s). Describe contractor’s specialties and strengthens and highlight any particular qualifications or experience that differentiates the Bidder from its competitors.
Bidder Qualification shall not exceed 2 pages for the prime contractor and 1 page for each bid subcontractor. Prime and Subcontractor qualifications will only be assessed for the work share assigned to the Prime or each Subcontractor.
b) Related Experience/References: Provide a description of recent experience of the Project Team with similar projects. List all clients (with addresses and telephone numbers) for whom the bidder has performed similar services, describe each of these services and include dates of operation (if applicable). Submit at least 3 and up to 5 projects completed or currently being performed by the bidder and up to 2 projects for each subcontractor for a combined maximum of 10 projects performed by bid subcontractors.
Related Experience shall not exceed one page per project. Prime and subcontractor experience must relate to the portion of the effort that the Prime or Subcontractor will perform.
c) Proposed Staff Qualifications: Provide a summary of qualifications for all personnel to be involved in the contract, including any subcontractors, and state the specific role for each.
The Proposed Staff Qualifications shall not exceed one page per proposed individual. Also, provide a signed commitment
statement for each proposed staff member. Each staff member shall be included in the Executive Summary and Organization Structure description requested in Section 4.a.
14 6. Cost Volume
a) Financial Statements: Provide audited financial statements or financial reviews for the past two years. Financial statements or reviewers must provide a thorough summary of the financial stability and capacity of the proposing contractor and its parent company, if any. If financial statements are to be treated as confidential, provide in a separate envelope and mark as “Confidential.”
Financial statements page count is unlimited.
b) Cost Proposal: Provide a Work Breakdown Structure and how the Statement of Work and Contract Deliverables are allocated to the Work Breakdown Structure. For each element of the Work Breakdown Structure, provide itemized cost estimate for the scope of work, including anticipated costs and charges for any subcontractors. The specific fees and charges will be negotiated with terms and conditions in services agreement after consultant selection. Also provide a current hourly rate schedule for all employees to be involved in the project. These rates shall remain in effect for the duration of the project. Provide a listing of any reimbursable expenses, including unit cost.
The Cost Proposal shall price out two options for environmental review.
One assuming the project requires a Mitigated Negative Declaration, and a second assuming the project requires a full Environmental Impact Report. The cost proposal shall therefore result in two Total Proposed Costs. One for producing a Mitigated Negative Declaration. And one for producing a full Environmental Impact Report. The Cost Proposal shall also include a separate option that adds the cost of including the existing boat hoist in the ramp design and related Statement Of Work tasks and Contract Deliverables.
The Cost Proposal shall include a list of assumptions, if any, used by the Contractor to develop cost. These may contribute to a better cost realism assessment and “Best Value” determination.
Additionally, the cost proposal shall include a separate section that provides cost for coordination with external stakeholders not specifically identified in the RFP/Statement of Work if any. These costs will not be included in the evaluated Total Proposed Cost. The City will not use these additional costs negatively against the bidder in the source selection “best value” evaluation, but may choose to negotiate the cost into the final agreement of the bidder is awarded the contract.
Identification of additional agency coordination/applications may be weighed as a strength in the technical volume if described there and 15 may be weighed positively in “cost realism” and in “Best Value” in the final evaluations.
Cost proposal page count shall not to exceed 100 pages.
7. Proposal Cross Reference Matrix
Provide a matrix that cross references each RFP, Statement of Work, and Contract Deliverable requirement to the technical proposal location that is meant to demonstrate compliance with the requirement. The Proposal Cross Reference Matrix page count is unlimited. The Proposal Cross Reference Matrix is not scored but may be used by the Source Selection Team to understand where a bidder intended to address an RFP requirement that they may otherwise be unable to locate and assess.
16 3.3 Proposal Assumptions:
For the purposes of responding to this RFP, bidders are to use the following assumptions:
• Schedule Assumptions
Contract Notice to Proceed January 10, 2024
City Entitlement Approvals of Design
and Environmental Applications
January 10, 2025
Coastal Commission Approval January 10, 2026
City Council approval of construction
contractor RFP
March 1, 2026
City Receipt of Construction Contractor
Proposals
April 15, 2026
Construction Contractor Selection and
Notice To Proceed
July 15, 2026
Issuance of City Building and
Engineering Permits
January 15, 2027
Construction Begins March 15, 2027
Construction Completion June 1, 2028
Bidders may make additional assumptions as required to respond to the RFP. All such assumptions shall be documented in the Technical Approach and/or Cost Proposal as appropriate.
17 Section 4.0 - Statement of Work
1. Reference Documents:
The contractor shall evaluate and apply the Harbor Amenities Plan and any available as-built documentation in their execution of Statement of Work and development of Contract Deliverables. The contractor shall review the City’s sea level analysis for the project area.
2. Compliance Documents:
The contractor shall comply with all requirements of the following documents in their execution of Statement of Work and development of Contract Deliverables. a. California Environmental Quality Act (CEQA)
b. Coastal Act
c. City of Redondo Municipal Code regulations
d. California Parks and Recreation Division of Boating and Waterways Layout and Design Guidelines for Boat Launching Facilities (most recent version)
e. American Association of State Highway and Transportation Officials (AASHTO) Greenbook (or equivalent)
This represents a minimum compliance list. The contractor shall comply with other documents as required.
3. Program Management
The contractor shall provide program management services required to ensure successful execution of this Statement of Work and delivery of quality Contract Deliverables per the Contract Schedule and on Contract Costs. The Contractor shall describe how it will manage the program in a Program Management Plan (Contract Deliverable 001). The program management approach and plan shall, as a minimum, describe:
a. The organizational structure
i. How staff, Statement of Work tasks and Contract Deliverables are allocated to the organization structure. How roles and
responsibilities are clearly defined, differentiated, and allocated to the organizational structure and staff to ensure efficient contract execution.
b. Deliverables
i. The processes applied to ensure timely delivery of high-quality deliverables.
ii. The processes applied to ensure feedback from stakeholders (staff, Harbor Commission, City Council, Coastal Commission staff, Division of Boating and Waterways staff, and other state or federal agency staff) is incorporated in Contract Deliverables in a timely manner that reduces rework and schedule risk.
iii. Roles and responsibilities for Contract Deliverable development and delivery
18 c. Schedule
i. Define the baseline contract schedule that details the work to be accomplish to meet all Statement of Work activities and Contract Deliverable development and delivery dates including the RFP Proposal Date Assumptions in Section 3.3 of the RFP.
ii. Demonstrate timing and integration of stakeholder input and feedback to meet Contract Deliverable dates
iii. Clearly define key meetings and workshops dates required to accomplish Statement of Work and produce Contract Deliverables on time
iv. Describe the process for tracking and updating the schedule v. Describe coordination with City program manager for any schedule deviations and substantive changes.
vi. Describe how the Program Manager and staff will reduce schedule risk.
d. Cost
i. Define the processes and tools the contractor uses to track, control, and report costs during contract execution
ii. Define the processes to produce, deliver, and coordinate cost related Contract Deliverables
e. City, community, and state agency engagement
i. City staff
1. Describe how the Contractor Program Manager will regularly and proactively engage the City Program Manager on
contract execution, cost, schedule, and issues.
2. Describe how Contractor staff will work with City Staff and incorporate City Staff feedback and inputs in the
development of Contract Deliverables with the goal of
reducing rework and schedule risk.
ii. Harbor Commission and City Council
1. Describe how the Contractor recommends contractor staff engage and implement feedback into Contract Deliverables with the goal of reducing rework and schedule risk.
iii. Public engagement
1. Describe how the contractor recommends contractor staff engage the public on the design of the boat launch as it matures with the goal of reducing rework and schedule risk. iv. Coastal Commission
1. Describe how the contractor will partner with the City to engage the Coastal Commission staff and Commissioners
as required to proactively coordinate the project Coastal Development Permit application.
2. Describe how the contractor will proactively generate all Coastal Development Permit application documents for
approval of the Harbor Commission and City Council as
required for ultimate submission to the Coastal Commission. 19 v. Division of Boating and Waterways
1. Describe how the contractor will partner with City to engage the California Division of Boating and Waterways as required to proactively coordinate the grant application.
2. Describe how the contractor will develop all grant required applications and documentation
vi. Other external agencies and organizations as required.
1. List additional agencies that require coordination related to approvals for the boat launch project and describe how the Contractor will partner with the City to proactively coordinate with these agencies.
2. Provide recommended additional Contract Deliverables required to gain all approvals for the boat launch project.
4. Studies
The contractor shall lead and conduct all activities required to produce following studies and analyses:
a. Parking and circulation study (Contract Deliverable 005) b. Boat launch demand study (Contract Deliverable 006)
c. CEQA Analysis – The Contractor shall lead and conduct all activities required to produce the required CEQA analyses for the project. The City anticipates that a Mitigated Negative Declaration will be effective, but circumstance may require a full EIR. The contractor shall produce whichever one is required.
i. Phase 1 Environmental Assessment, Geotechnical Study, Initial Study (Contract Deliverable 007)
ii. Option 1: Mitigated Negative Declaration (Contract Deliverable 007a)
iii. Option 2: Full Environmental Impact Report (Contract Deliverable 007b)
5. Boat launch design, operations concept, and cost estimates The contractor shall lead and conduct all activities required to produce the following design reviews and associated deliverables including cost estimates and trade studies and analysis of alternatives. All levels of review require a process that engages City Staff and Harbor Commission subcommittee members during the design development and will culminate with public review and feedback. The contractor shall integrate design review feedback, study results, and feedback from the public and other stakeholders throughout the design maturation process to reduce rework and associated cost and/or schedule impacts. The designs and estimates shall include an option to retain the current boat hoist on Mole D.
a. 30/60/90% design and reviews (Contract Deliverables 008,009, and 010) i. 30% design and review shall deliver a plan view design of the boat launch, boat launch landside parking and infrastructure, and 20 circulation routes that demonstrates the feasibility and first order cost of a compliant boat launch. It will include anticipated operational costs and operations concept, as well as identification of issues and tradeoffs/alternatives that address the issues, and any recommendations on specific alternatives. The 30% design review will include a Requirements Verification Matrix that indicates compliance with all applicable requirements or identifies in which design review any outstanding requirement will be met.
ii. 60% design and review shall deliver a design of the boat launch, boat launch landside parking and infrastructure, and circulation routes of a compliant boat launch that is mature enough to start all required applications. It will include refined operational costs and operations concept, as well as, identification of issues and tradeoffs/alternatives that address the issues, and any recommendations on specific alternatives. The cost estimate will be mature enough to use as a “not to exceed” ceiling for the development project. The 60% design shall include a requirements verification matrix that demonstrates initial compliance with all applicable requirements or highlights requirements that will be met in the 90% design.
iii. 90% design and review shall deliver a design of the boat launch, boat launch landside parking and infrastructure, and circulation routes of a compliant boat launch that is mature enough to include designs and specifications in a future RFP to solicit construction firms to construct the boat launch. It will include final anticipated operational costs and operations concept, as well as identification of issues and tradeoffs/alternatives that address the issues, and any recommendations on specific alternatives. The cost estimate should be mature enough for the City to use as a “should cost” for proposal evaluation and a “not to exceed” ceiling for RFP purposes if needed. The 90% design shall include a requirements verification matrix that demonstrates compliance with all applicable requirements.
b. 100% design (Contract Deliverable 011)
i. The contractor shall deliver a 100% design package that includes all final designs, specifications required for the City and Contractor to use in overseeing the Development Contractor. No public review is required for the 100% design. The requirements verification matrix shall be updated to ensure any changes from 90% have not invalidated compliance with any requirements.
6. Entitlements and Draft Applications
The contractor shall develop and deliver the following entitlement applications and permit documents in collaboration and partnership with City staff:
a. City entitlement applications and entitlement documents (Contract Deliverable 013)
21 b. Coastal Commission Coastal Development Permit application (Contract Deliverable 016)
c. City Building and Engineering Permits (Contract Deliverable 014) d. Division of Boating and Waterways Grant Application (Contract Deliverable 015)
e. Other coordination, applications, and other coordination/approval documents. The contractor shall identify other external agency applications and coordination required for project approvals and entitlements. With City approval these will be added to the Contract Deliverable List and will be added to the contract.
7. Development Contractor Source Selection
a. Draft RFP and Final RFP Development for Construction Contractor (Contract Deliverable 012) – The contractor shall develop a Draft Request for Proposal (DRFP) for release to potential Boat Launch development contractors in collaboration with City Staff. City staff will finalize a Request for Proposal from this draft. The contractor shall provide review, comments and inputs to the City staff as requested in generating this final RFP.
b. Support to Source Selection (Contract Deliverable 017) – The contractor shall provide technical assessment and advice to the City Source Selection Team in their review and selection of Boat Launch development construction contractor as requested by the City Program Manager.
8. Development Contractor Oversight
a. Development contractor oversight (Contract Deliverable 018) – The contractor shall provide ongoing technical oversight and technical assessments of the performance of the construction contractor as the construction of the boat launch and related infrastructure progresses. b. Development contractor nonconformance/issue punch list and status (Contract Deliverable 019) – The contractor shall maintain a “punch list” listing all development contractor non-conformance and other construction/implementation issues and provide regular status updates on punch list closure as the launch construction progresses. Issues include any contract or specification non-conformance; any identified risks to cost, schedule, and/or product conformance/performance. Contractor staff shall keep the City program manager apprised of new issues and provide periodic meeting with the program manager to summarize all new, outstanding and recently closed issues. The Contractor shall lead or participate in meetings between the City and Development Construction Contractor to proactively identify risks of non-conformance or realized non-conformances and to define avoidance or corrective actions for each issue identified.
c. Development Contractor Requirements Verification Matrix (Contract Deliverable 020) - The contractor shall develop and maintain a Requirements Verification Matrix (RVM) for the Boat Launch Development 22 Contract that identifies all project requirements, expected closure date, and current status. Any issues that arise in meeting any requirements shall be proactively identified by the contractor and added to Contract Deliverable 019.
Section 5.0 - Contract Deliverables (CDRLs)
Deliverable Number Deliverable Name Description Format Date(s) 001 Program Management
Plan
See SOW Section 3.0 Contractor format
MS Word
.pdf
Award + 5 days
002 Schedule See SOW Section 3.0.c Contractor format
Mutually agreed
format and software
.pdf
Initial: Proposal
due date
Update: Every 30
days after award
003 Cost Reporting Report current costs as
compared to proposed
costs for activity
completed for preceding
month and for inception
to date incurred and
proactive projection of
potential cost overruns
Contractor format –
Excel spreadsheet
and Word as required
.pdf
Monthly within 10
workdays of end
of each month
004 City and community and
agency engagement
briefings
Produce power point
briefing charts that
effectively communicate
with and solicit feedback
from stakeholders for
each meeting. To be
reviewed and approved
by City Staff prior to
meeting
Contractor format –
Power Point and .pdf
5 working days
before meetings
Per contractor
proposal and
negotiated
contract
005 Parking and Circulation
Study
Produce a
comprehensive parking
and circulation study that
evaluates compliant
parking and circulation
requirements based on
the new boat launch and
current uses and
projected project
completions. Coordinate
on baseline and future
project assumptions with
City Program Manager.
The circulation study
shall address circulation
from Herondo Avenue to
the north to Pacific
Avenue in the south.
Contractor format
Word
.pdf
Draft: Award + 90
days
Final: Award +
100 days
006 Boat launch demand
study
Produce a boat launch
demand study for use in
application for State
Grant and for integration
into boat launch design.
Contractor format
Word
.pdf
Draft: Award
+120 days
Final: Award +
130 days
007 Phase 1 Environmental
study, Geotechnical
Study, Initial Study
Conduct environmental
and Geotechnical
analyses and document
results, integrate results
in Initial Study that meets
CEQA process
requirements
Per CEQA
Requirements
Word and .pdf for
final
007(a) Mitigated Negative
Declaration
Conduct environmental
analysis and produce
MND in collaboration
with city staff for boat
Per CEQA
requirements
Word
Power Point
Per proposed
baseline schedule
23 Deliverable Number Deliverable Name Description Format Date(s) launch project. Includes
charts for use in public
meetings that are part of
CEQA process.
.pdf
007(b) EIR Conduct environmental
analysis and produce
EIR in collaboration with
city staff for boat launch
project. Includes charts
for use in public
meetings that part of
CEQA process
Per CEQA
requirements
Word
Power Point
.pdf
Per proposed
baseline schedule
008 Boat launch design,
trades, and cost
estimates 30%
Produce design
documents, operations
concept, trade studies
and recommendations,
cost estimate, and
Requirements
Verification Matrix for
30% design review as
detailed in SOW Section
5.a.
Mutually agreeable
format
Word
RVM may be Excel
.pdf
Per proposed
baseline schedule
009 Boat launch design,
trades and cost
estimates 60%
Produce design
documents, operations
concept, trade studies
and recommendations,
cost estimate, and
Requirements
Verification Matrix (RVM)
for 60% design review as
detailed in SOW Section
5.a.
Mutually agreeable
format
Word
.pdf
Per proposed
baseline schedule
010 Boat launch design,
trades, and cost
estimates
90%
Produce design
documents, operations
concept, trade studies
and recommendations,
cost estimate, and
Requirements
Verification Matrix for
90% design review as
detailed in SOW Section
5.a.
Mutually agreeable
format
Word
RVM may be Excel
.pdf
Per proposed
baseline schedule
011 Boat launch design and
cost estimates
100%
Produce design
documents, operations
concept, cost estimate,
and Requirements
Verification Matrix for
100% design as detailed
in SOW Section 5.b
Mutually agreeable
format
Word
RVM may be Excel
.pdf
Per proposed
baseline schedule
012 Draft RFP to select
Contractor for Boat
Launch Construction
Based on City examples
produce a complete Draft
RFP for construction of
the Boat Launch
Per City Boilerplate
Word
.pdf
Per proposed
baseline schedule
013 City Entitlements Based on City Standards
produce a complete
submittal for necessary
entitlements for approval
by Harbor Commission
Per City Boiler Plate
Word
.pdf
Per proposed
baseline schedule
014 City Building and
Engineering Permits
Based on City Standards
produce a complete City
Building and Engineering
Permit submittal for
approval by the Chief
Building Official and City
Engineer.
Per City Boilerplate
Word
.pdf
Per proposed
baseline schedule
015 Division of Boating and
Waterways Grant
Application
Based on DBAW
requirements and forms,
produce a grant
Per DBAW
requirements
Word
Per proposed
baseline schedule
24 Deliverable Number Deliverable Name Description Format Date(s) application for funds to
permit and construct the
Boat Launch
.pdf
016 Coastal Commission
Coastal Development
Permit Application
Based on Coastal
Commission
requirements and forms
produce a package for
application of a Coastal
Development Permit for
the Boat Launch project.
Per Coastal
Commission
requirements
Word
.pdf
Per proposed
baseline schedule
017 Construction contractor
proposal assessments
Document independent
evaluation and scoring of
technical and past
performance related
content of boat launch
development contractor
proposals
One per proposal
Word
.pdf
During source
selection period
018 Construction contractor
performance
assessment oversight
Document monthly
assessment of boat
launch development
contractor performance
and compliance
emphasizing proactive
identification of project
risks
Contractor format
Word
.pdf
Monthly after
Developer NTP
through final Boat
Launch
completion
019 Boat Launch nonconformance punch list
and status
Develop and maintain a
non-conformance punch
list with current status
and projected closure
date/event
Contractor format
Excel
.pdf
Continuous after
Developer NTP
through final Boat
Launch
completion
020 Boat Launch
Construction
Requirements
Verification Matrix
Develop and maintain a
boat launch construction
requirements verification
matrix that lists all
requirements, projected
closure date, and current
status
Contractor format
Excel
.pdf
Continuous after
Developer NTP
through Boat
Launch
Completion
25 ATTACHMENT I: SOURCE SELECTION PROCESS AND CRITERIA
Evaluation and Selection Process: The City will appoint a member of City Staff to act as the Source Selection Committee Chairperson who will then assemble and convene a Source Selection Committee consisting of City Staff from Harbor and Economic Development and Public Works. A subcommittee of the Harbor Commission will also participate as part of the Committee. The Source Selection Committee Chair may add other members based on expertise and experience that would benefit the Source Selection.
The Source Selection Committee will evaluate each proposal independent of competitive proposal based on compliant submitted proposal materials from each bidder. The Source Selection Committee may also contact and evaluate a bidder’s and subcontractors’ references; contact any bidder to clarify any response; contact any current users of a bidder’s services; solicit information from any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process.
After each responsive proposal is independently evaluated, the Source Selection Committee will evaluate the scoring and total price to make a final Source Selection Committee recommendation. This is a BEST VALUE source selection. Higher bids that are both realistic and reasonable may be selected if the bid provides lower risk, more confidence, and/or greater benefit to the City. The Source Selection Committee Chair will present the Source Selection Committee’s recommendation to the City Manager and then to the City Council for final approval.
Cost Proposal Evaluation – The Cost Proposal may be evaluated by a smaller team and may include different personnel. To that end, the cost proposal and remaining elements of the proposal shall be written to be complete and stand alone with no cross referencing between the cost proposal and the other portions of the proposal and vice versa. The Cost Proposal shall reflect the cost of providing services and deliverables using the organizational structure, schedule and technical approach, processes and procedures detailed in the non-cost sections of the proposal. Cost proposals that do not reflect and represent the solutions proposed in the other sections of the proposal may be rejected.
Source Selection Criteria: First each proposal will be evaluated for compliance with the RFP. Non-compliant proposals may be rejected without review or non-compliant portions of the proposal may be removed from review.
The Source Selection Committee will evaluate responsive proposals based on the following criteria, not necessarily listed in order of relative importance:
26 Exhibit 1. Evaluation Criteria Point Value
Cover Letter
The cover letter will be evaluated on compliance with the RFP Pass/Fail Executive Summary
The Executive Summary will be evaluated for compliance with the RFP Pass/Fail
TECHNICAL/MANAGEMENT VOLUME
Technical Approach/Work Plan
Comprehensiveness of approach that addresses the entire SOW and all CDRLS, that demonstrates understanding of the work, and that provides confidence that the bidder will provide quality services and CDRLs on cost and on schedule without corrective action by City staff.
Proposed project management approach clearly represents sound allocation of SOW tasks and CDRLs to proposed organizational structure.
Work allocation is assigned to staff and companies with strong qualifications and experience in area assigned.
Proposal clearly demonstrates sound approach to integrating schedule, activities, and contractor team to deliver quality services and CDRLs on time and on cost across all SOW tasks and CDRLs.
40 Schedule
The schedule complies with schedule assumptions provided in the RFP and provides confidence that the bidder can execute the contract and provide quality deliverables on schedule. The schedule clearly demonstrates how study results and feedback from the public, the Harbor Commission, City Council, Coastal Commission, and Division of Boating and Waterways will be incorporated into the design and other CDRLs.
30 PAST PERFORMANCE VOLUME
Bidder Qualifications, Related Experience and References Bidder and subcontractor qualifications, experience demonstrate experience and provide confidence the bidder can successfully execute a contract of similar size and scope on schedule and within cost. References demonstrate end customer satisfaction on contracts of similar size and scope. Bidder and subcontractor demonstrate experience and competence on contracts of similar size and scope in the work efforts allocated to the bidder and each subcontractor. 15 Proposed staff qualifications
Each staff member proposed clearly demonstrates qualification, experience and success in accomplishing assigned tasks as proposed. Each proposed staff member is available and committed to the contract for the Period of Performance. 15 COST VOLUME
Financial Statements
Financial statements provide confidence the bidder will be financially stable and be able to perform all contract requirements through the entire period of performance.
Pass/Fail
Cost
Proposed cost realistically represents the cost of performing all tasks as proposed by the bidder. Proposed cost is realistic in light of the current market. Total cost will be used in final “Best Value” determination.
Realistic -
Pass/Fail
Reasonable –
Pass/Fail
Total cost
Total Awarded Points 100 (max)
27 Source Selection Team evaluation details:
1. Cover Letter and Executive Summary will be rated compliant or non-compliant.
Compliant submissions will be scored as “Pass”, Non-compliant submissions will be scored as “Fail”
2. Technical and Schedule Proposal will each be assigned points up to the value listed in Exhibit 1. These points will be assigned based on the following considerations in addition to those described in Exhibit 1:
• The proposed solution meets/does not meet/exceeds RFP requirements • Strengths – Innovations or unique approaches provide high confidence that the bidder will meet or exceed RFP requirements for high quality deliverables delivered on schedule at proposed cost
• Weaknesses/Risks – insufficient description of approach or flawed approach that could foreseeably result in reduced quality, inability to meet schedule, and/or inability to deliver at cost.
• Proposals that do not clearly address all RFP requirements may be rejected. • Assumptions and identified coordination with additional external agencies will be evaluated and may improve scoring to the extent they reduce cost risk and schedule risk.
3. Proposed Staff and Bidder Qualifications and Experience/References will each be assigned points up to the value listed in Exhibit 1. These points will be assigned based on the following considerations in addition to those described in Exhibit 1:
• Qualifications and experience are directly related to work effort assigned in the proposal
• Qualifications and experience rated from a confidence perspective: High Confidence, Confidence, Low Confidence. If the Qualifications and experience do not match the work effort assigned a rating of “Low Confidence” will be assigned.
• Proposed staff and Bidder/Subcontractor qualifications and experience that do not clearly demonstrate competence on contracts of similar size and scope in assigned work effort may be rejected and may reduce confidence. • Proposed staff is committed to contract over the entire period of performance
4. Financial Statements will be evaluated pass/fail. Passing financial statements will provide high confidence the bidder has the financial health to execute a contract of this size and scope over the entire period of performance.
5. Cost Proposal will be evaluated as to whether it is realistic and reasonable and the Total Proposed Cost will be used in the final source selection decision. The following will be considered during source selection evaluation:
28 • Adequacy – is the cost justification complete and sufficient to evaluate cost realism and reasonableness? Proposals with inadequate cost justification may be rejected.
• Is the proposed cost realistic? Each WBS element will be assessed to determine if the cost estimate is adequate to accomplish all SOW tasks and deliverables as proposed in the other elements of the bidder’s proposal. Cost assumptions and separately priced costs of coordination/application with additional external agencies may be weighed as positive cost realism factors to the extent the evaluation team determines they reduce cost overrun risks. • Is the proposed cost reasonable? Each WBS element will be assessed to determine if the overall cost is reasonable (competitive) for the work accomplished based on the current market environment.
• Cost Proposals that include unrealistic and/or unreasonable costs or that fail to adequately build up the cost may be rejected.
• Total Proposed Cost will be used for the City’s “Best Value” determination. Total Proposed Cost will NOT include pricing associated with additional outside agency coordination and applications identified in the bidder’s proposal. • The Source Selection Chair shall direct the evaluation team on which CEQA option will be used for Total Proposed Cost evaluation.
OPTION TO CONDUCT ORAL INTERVIEWS
After the panel’s initial evaluation of the proposals, the panel may, if necessary, hold interviews with the top ranked bidders. The City reserves the right to select a winning bidder based solely on written proposals and not convene oral interviews. If interviews are required, they will be held on <date>.
AWARD RECOMMENDATION AND FINAL AWARD DECISION
After all interviews (if any) are complete, the Source Selection Team will convene and develop a recommendation of award. This recommendation will be based on the following:
• All pass/fail elements have been evaluated as “pass”
• Cost proposal has been evaluated as “Realistic” and “Reasonable” • Total points evaluated on proposal
• Total Proposed Cost
The Source Selection Team will base their recommended award will on the combination of factors that represent the best overall value to the City. A higher Total Proposed Cost proposal may be awarded when the point scores are higher than other bidders. In this case, the team will assess that the benefits of the higher scored proposal to the City is worth the cost difference between the recommended awardee proposal and the proposal with the next highest point score. The Source Selection Chair will then provide the recommendation to the City Manager for comment and then to the City Council. The City Council’s decision will be final.
29 AWARD AND NOTICE TO PROCEED (NTP)
Contract award is contingent upon the successful negotiation of final contract terms.
Negotiations will be confidential and not subject to disclosure to competing bidders. If contract negotiations cannot be concluded successfully, the City may negotiate a contract with other bidders or withdraw the RFP.
It is expected that the bidder will be ready to commence the project immediately upon receipt of Notice to Proceed and to complete the project in its entirety by the date set forth and agreed upon by the Consultant and City. The awarded firm will be expected to execute an agreement substantially the same as the sample Professional Services Agreement included as Attachment III of this RFP unless any exceptions or conditions are explicitly stated in their proposal.
30 ATTACHMENT II: Public Amenities Plan Boat Launch Concept Please note that all maps are conceptual
31 32
33 34
ATTACHMENT III: SEA LEVEL RISE ASSESSMENT
(See Attached)
35 ATTACHMENT IV: Sample Agreement
AGREEMENT FOR PROJECT SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND _______________.
THIS AGREEMENT FOR PROJECT SERVICES (this "Agreement”) is made between the City of Redondo Beach, a Chartered Municipal Corporation ("City") and _______________, a _______________ [Type of Entity] (“Contractor" or “Consultant”).
The parties hereby agree as follows:
A. Description of Project or Scope of Services. The project description or scope of services to be provided by Contractor, and any corresponding responsibilities of City or services required to be performed by City are set forth in Exhibit "A”.
B. Term and Time of Completion. Contractor shall commence and complete the project or services described in Exhibit "A" in accordance with the schedule set forth in Exhibit "B".
C. Compensation. City agrees to pay Contractor for work performed in accordance with Exhibit "C”.
* * * * *
GENERAL PROVISIONS
1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, officer, agent, joint venturer or partner of the City, but rather an independent contractor. This Agreement shall not be construed as a contract of employment. Contractor shall have no rights to any benefits which accrue to City employees unless otherwise expressly provided in this Agreement. Due to the independent contractor relationship created by this Agreement, the City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement.
3. City Property. All plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Agreement shall upon request be delivered to the City within a reasonable time, and the rights thereto shall be deemed assigned to the City. If applicable, 36 Contractor shall prepare check prints upon request. Said plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials shall be specific for the project herein and shall not be used by the City for any other project without Contractor's consent. Notwithstanding the foregoing, Contractor shall not be obligated to assign any proprietary software or data developed by or at the direction of Contractor for Contractor's own use; provided, however, that Contractor shall, pursuant to Paragraph 14 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of any such proprietary software or data.
4. Inspection. If the services set forth in Exhibit "A" shall be performed on City or other public property, the City shall have the right to inspect such work without notice. If such services shall not be performed on City or other public property, the City shall have the right to inspect such work upon reasonable notice.
Inspections by the City shall not relieve or minimize the responsibility of Contractor to conduct any inspections Contractor has agreed to perform pursuant to the terms of this Agreement. Contractor shall be solely liable for said inspections performed by Contractor. Contractor shall certify in writing to the City as to the completeness and accuracy of each inspection required to be conducted by Contractor hereunder.
5. Services. The project or services set forth in Exhibit "A" shall be performed to the full satisfaction and approval of the City. In the event that the project or services set forth in Exhibit "A" are itemized by price in Exhibit "C”, the City in its sole discretion may, upon notice to Contractor, delete certain items or services set forth in Exhibit "A", in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. City shall furnish Contractor, to the extent available, with any City standards, details, specifications and regulations applicable to the Project and necessary for the performance of Contractor's services hereunder. Notwithstanding the foregoing, any and all additional data necessary for design shall be the responsibility of Contractor.
6. Records. Contractor, including any of its subcontractors, shall maintain full and complete documents and records, including accounting records, employee time sheets, work papers, and correspondence pertaining to the project or services set forth in Exhibit "A". Contractor, including any of its subcontractors, shall make such documents and records available for City review or audit upon request and reasonable notice, and shall keep such documents and records, for at least four (4) years after Contractor's completion of performance of this Agreement. Copies of all pertinent reports and correspondence shall be furnished to the City for its files.
7. Changes and Extra Work. All changes and/or extra work under this Agreement shall be provided for by a subsequent written amendment executed by City and Contractor.
37 8. Additional Assistance. If this Agreement requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of this Agreement.
9. Professional Ability. Contractor acknowledges, represents and warrants that Contractor is skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement.
Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession.
10. Business License. Contractor shall obtain a Redondo Beach Business License before performing any services required under this Agreement. The failure to so obtain such license shall be a material breach of this Agreement and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual circumstances without necessitating any modification of this Agreement to reflect such waiver.
11. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Agreement at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. In the event of any such termination, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; and (2) necessary materials or services of others ordered by Contractor for this Agreement prior to Contractor’s receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, and further provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by the City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to the City. In conjunction with any termination of this Agreement, the City may, at its own expense, make copies or extract information from any notes, sketches, computations, drawings, and specifications or other data, whether complete or not.
12. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may immediately terminate this Agreement by giving written notice of such termination, stating the reasons 38 for such termination. Contractor shall be compensated as provided immediately above, provided, however, there shall be deducted from such amount the amount of damages, if any, sustained by the City by virtue of Contractor's breach of this Agreement.
13. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement. Contractor further acknowledges, represents and warrants that Contractor has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one (1) year.
14. Indemnity. To the maximum extent permitted by law, Contractor hereby agrees, at its sole cost and expense, to defend protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, and agents (collectively “Indemnitees”) from and against any and all claims, including, without limitation, claims for bodily injury, death or damage to property, demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or arising from any act, failure to act, error or omission of Contractor’s performance or work hereunder (including any of its officers, agents, employees, Subcontractors) or its failure to comply with any of its obligations contained in the Agreement, or its failure to comply with any current or prospective law, except for such loss or damage which was caused by the sole negligence or willful misconduct of the City. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement.
a. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Contractor because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
b. Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.
39 15. Insurance. Contractor shall comply with the requirements set forth in Exhibit "D." Insurance requirements that are waived by the City's Risk Manager do not require amendments or revisions to this Agreement.
16. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement.
17. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Agreement, including without limitation all environmental laws, employment laws, and nondiscrimination laws.
18. Limitations upon Subcontracting and Assignment. Contractor acknowledges that the services which Contractor shall provide under this Agreement are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion. In the event that the City, in writing, approves any assignment or subletting of this Agreement or the retention of subcontractors by Contractor, Contractor shall provide to the City upon request copies of each and every subcontract prior to the execution thereof by Contractor and subcontractor. Any attempt by Contractor to assign any or all of its rights under this Agreement without first obtaining the City’s prior written consent shall constitute a material default under this Agreement.
The sale, assignment, transfer or other disposition, on a cumulative basis, of twenty-five percent (25%) or more of the ownership interest in Contractor or twenty-five percent (25%) or more the voting control of Contractor (whether Contractor is a corporation, limited liability company, partnership, joint venture or otherwise) shall constitute an assignment for purposes of this Agreement.
Further, the involvement of Contractor or its assets in any transaction or series of transactions (by way of merger, sale, acquisition, financing, transfer, leveraged buyout or otherwise), whether or not a formal assignment or hypothecation of this Agreement or Contractor’s assets occurs, which reduces Contractor’s assets or net worth by twenty-five percent (25%) or more shall also constitute an assignment for purposes of this Agreement.
19. Subcontractors. Contractor shall provide properly skilled professional and technical personnel to perform any approved subcontracting duties. Contractor shall not engage the services of any person or persons now employed by the City without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion.
40 20. Integration. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the exhibits to this Agreement.
21. Amendment. This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.
22. Conflicting Provisions. In the event of a conflict between the terms and conditions of this Agreement and those of any exhibit or attachment hereto, this Agreement proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by the City shall prevail over those prepared by Contractor.
23. Non-Exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and City reserves the right to employ other contractors in connection with the project.
24. Exhibits. All exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit "A" which does not pertain to the project description, proposal, or scope of services (as applicable) to be provided by Contractor, or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Agreement.
25. Time of Essence. Time is of the essence of this Agreement.
26. Confidentiality. To the extent permissible under law, Contractor shall keep confidential its obligations hereunder and the information acquired during the performance of the project or services hereunder.
27. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Agreement shall not be considered "third parties."
28. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles, Southwest Judicial District.
29. Attorneys’ Fees. In the event either party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees (including expert witness fees) and costs.
This provision shall survive the termination of this Agreement. 41 30. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six (6) months after accrual of the cause of action.
31. Interpretation. Contractor acknowledges that it has had ample opportunity to seek legal advice with respect to the negotiation of this Agreement. This Agreement shall be interpreted as if drafted by both parties.
32. Warranty. In the event that any product shall be provided to the City as part of this Agreement, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets all specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of thirty (30) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
Contractor shall not be liable under this warranty for an amount greater than the amount set forth in Exhibit "C" hereto.
33. Severance. Any provision of this Agreement that is found invalid or unenforceable shall be deemed severed and all remaining provisions of this Agreement shall remain enforceable to the fullest extent permitted by law.
34. Authority. City warrants and represents that upon City Council approval, the Mayor of the City of Redondo Beach is duly authorized to enter into and execute this Agreement on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of Contractor.
35. Waiver. The waiver by the City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.
SIGNATURES FOLLOW ON NEXT PAGE
42 IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this ____ day of _____, 201__.
CITY OF REDONDO BEACH [CONTRACTOR’S NAME]
__ __ By: _______________________
William C. Brand, Mayor Name:_______________________
Title: _______________________
ATTEST: APPROVED:
__________________________ __________________________
Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
__ ____
Michael W. Webb, City Attorney
43 EXHIBIT "A" OF SAMPLE AGREEMENT
PROJECT DESCRIPTION AND/OR SCOPE OF SERVICES
CONTRACTOR’S DUTIES
Contractor shall perform the following duties.
44 EXHIBIT "B" OF SAMPLE AGREEMENT
SCHEDULE FOR COMPLETION
TERM. The term of this Agreement shall commence ________, 201__ and expire ________, 201__ (“Term”), unless otherwise terminated as herein provided. 45 EXHIBIT "C" OF SAMPLE AGREEMENT
COMPENSATION
Provided Contractor is not in default under this Agreement, Contractor shall be compensated as provided below.
1. AMOUNT. [monthly, hourly, annual amounts, etc.]
2. METHOD OF PAYMENT. Contractor shall provide invoices indicating the services and tasks performed during the prior month to City for approval and payment.
Invoices must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City. Contractor may be required to provide back-up material upon request.
3. SCHEDULE FOR PAYMENT. [payment terms]
4. NOTICE. Written notices to City and Contractor shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Contractor
City
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by registered or certified mail. Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party. 46 EXHIBIT “D” OF SAMPLE AGREEMENT
INSURANCE REQUIREMENTS FOR CONTRACTORS
Without limiting Contractor’s indemnification obligations under this Agreement, Contractor shall procure and maintain for the duration of the 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 by the Contractor, its agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
Workers’ Compensation insurance as required by the State of California.
Employer’s Liability Insurance.
Minimum Limits of Insurance
Contractor shall maintain limits no less than:
General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project.
Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers or (2) the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
47 Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Endorsement:
General Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of work performed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance, or as a separate owner’s policy.
Automobile Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor.
For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.
Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project.
The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Contractor’s part.
Acceptability of Insurers
Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
48 Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval and amended to conform to the City’s requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements shall be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Risk Management
Contractor acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.