city of pomona · 6/13/2013 · scs engineers’ site investigation reports were provided to all...

CITY OF POMONA REQUEST FOR PROPOSAL (RFP)

QUALIFIED CONSULTANT TEAM FOR

“City Lot Remediation, Project No. 418-71021”

Purchasing Specification #1602.7A

City of Pomona

Public Works Department

Proposal Due Date: June 13, 2013; 4:00 p.m.

Submit Proposals to: Finance Department Purchasing Division

Pomona City Hall

505 S. Garey Ave., Pomona, CA 91766

CITY LOT REMEDIATION

Project No. 418-71021

TABLE OF CONTENTS

Section 1 – Introduction

Section 2 – Project Description

Section 3 – Scope of Services

Section 4 – Other City Requirements

Section 5 – Submittal Requirements

Section 6 – Selection Criteria

Section 7 – Selection Procedure

Section 8 – Terms and Conditions

Section 9 – Proposal Submission

Attachment I – Project Area Site Plan

Attachment II – Current Conditions Report at 822 W. Commercial Street

Attachment III – Current Conditions Report at 198 N. Hamilton Boulevard

Attachment IV – Proposal Rating Form

Attachment V – City of Pomona Sample Contract

Attachment VI – Statement of Non-Collusion By Consultant

Attachment VII – Minority Business Questionnaire

Attachment VIII – Sample Bi-Weekly Status Report

Attachment IX – Agreement Procurement Practices of the City of Pomona



REQUEST FOR PROPOSALS (RFP)


Project No. 418-71021, Purchasing Specifications #1602.7A

SECTION 1 – INTRODUCTION

The City of Pomona (herein after referred to as “the City”) is soliciting proposals from qualified

firms for a qualified Consultant team (herein after referred to as “Proposer”) for the

environmental cleanup of sites located at 198 N. Hamilton Boulevard and 822 W. Commercial

Street for “City Lot Remediation Project No. 418-71021” (herein after referred to as “the

Project”). Proposals shall include all phases of the project including: additional environmental

testing, selection remedial scope, remediation execution, construction planning, creation and

submittal of all applicable reports and documents for local/state agencies, construction,

monitoring and closeout of the project.

This RFP provides information sufficient to assist qualified Proposers with preparing responses

for submittal to and consideration by the City. The successful Proposer shall be expected to

provide all informational materials and services that fulfill or exceed the requirements and

conditions as set forth in this RFP. The Proposer selected shall have the ability to provide the

full-range of services or to partner with subcontractors necessary to complete the all phases of

the Project.

A Mandatory Site Visit/Pre-Proposal Conference will be held at the project site at 822 W.

Commercial Street, Pomona, California 91768, on May 23, 2013, at 10:00 a.m. There will be

no job walks or conferences given at any other time except the time specified previously.

Those submitting a proposal for this project shall have a representative at this meeting.

Proposal Submittal Instructions:

Proposals shall be submitted in a sealed envelope or other packaging, clearly marked on the

outside: “City Lot Remediation, Project No. 418-71021”

Proposals shall contain the following:

• One (1) original (hard copy) of the proposal;

• Four (4) duplicate hard copies of the proposal; and

• One (1) CD containing a PDF electronic copy of the proposal and the proposal fees

Proposals shall be submitted to: City of Pomona, Purchasing Division

• If by US Mail to: P.O. Box 660, Pomona, CA 91769

• If by Fed Ex or other delivery: 505 S. Garey Avenue, Pomona, CA 91766



Submittal Deadline: Proposals must be received in the Purchasing Division prior to 4 p.m. on

June 13, 2013.

Late proposals will not be accepted. Proposals in the form of telephone calls, facsimiles or e-

mails will not be accepted. The City does not recognize UPS, FedEx, or other carriers as agents

of the City in determining the date and time received.

Proposers shall carefully examine this RFP and any addenda that may be posted on the City’s

website. Clarification of any ambiguity, conflict, omission or other error in this RFP must be

requested in writing. If the answer materially affects the RFP, the information will be

incorporated into an addendum and posted on the City’s website. All addenda will be

numbered in sequence, dated as of the date of issue, and posted. It shall be the Consultant’s

responsibility to check the City’s website to determine if any addenda have been posted prior

to the submittal deadline. No letters or correspondence will be sent.

To access addenda posted on the City’s website, go to http://www.ci.pomona.ca.us. Click on

“Business,” then “Current Bids and RFP’s,” and finally, click on “Non-Construction Bids.”

Inquiries

Section 2-975(2) of the Pomona City Code states that any unauthorized contact by the bidder

during the bid or proposal process with an official or city employee, other than those shown

on the RFP or bid, the Finance Director, or Purchasing Manager, shall cause the bidder to be

immediately disqualified from consideration of award.

In compliance with this code section only the following individuals may be contacted during this

procurement process:

Questions pertaining to the Scope of Work

Nichole Horton at email: [email protected]

Questions other than the Scope of Work

Contact the Purchasing Division at (909) 620-2381, Fax: (909) 620-3711

In order to provide adequate time to respond to questions concerning the RFP, prior to the

submittal deadline, all questions must be submitted to the appropriate person as shown above

by 4:00 p.m. on June 6, 2013.



SECTION 2 – PROJECT BACKGROUND

This Project is for the environmental analysis, contaminant monitoring, soil remediation,

groundwater remediation and monitoring (if required) of parcels of land with existing volatile

organic compound (VOC) soil and groundwater contamination and total petroleum

hydrocarbon (TPH) soil contamination in the City of Pomona. There are two parcels of land,

described below, which have been directly impacted by VOC contamination. Attachment I is a

site plan of the areas with remedial need. Remedial options and execution shall occur within a

phased approach.

• Location 1 – 198 N. Hamilton Boulevard, 0.7 acres – For fifty years this property was

owned by Atlantic Richfield Corporation (ARCO). Total petroleum hydrocarbons (TPH) are

present on this site. Based on existing site investigation, TPH soil contamination at 198 North

Hamilton Boulevard requires soil excavation and off-site environmental recycling or disposal for

remediation. The City will consider additional Proposer suggestions for soil vapor extraction

(SVE) if necessary. Existing groundwater monitoring wells on this site may be used to track

groundwater VOC levels. An estimated volume of 1,500 cubic yards of soil is to be excavated in

an area of the site to a depth of 15 feet below grade. Figure 4 in Attachment III shows the

proposed area of excavation. The City shall consider any additional excavation needs as

identified by the Proposer as necessary.

• Location 2 – 822 W. Commercial Street, 1.2 acres – VOC groundwater and soil

contamination exists at 822 W. Commercial Street (previously 123, 145, 165, North Hamilton

Boulevard). In order to address soil contamination, this site requires soil vapor extraction (SVE)

along with optional chemical oxidation. There may be a requirement for additional

groundwater monitoring after environmental remediation is complete. Attachment II identifies

additional remediation options which the Proposer may consider in their response. Existing

groundwater monitoring wells on site may be used to track groundwater VOC levels by

providing access for groundwater sampling.

From 2003 to 2013 the City of Pomona hired SCS Engineers to investigate, analyze and provide

recommendations for contaminated soil remediation at Location 1 and 2. SCS Engineers

conducted site investigation and current condition reports for Location 1 and 2. The existing

SCS Engineers’ site investigation reports were provided to all attendees of the October 1, 2012

job walk. Location 1 was previously used for fuel and oil storage and distribution by private

owners for over 50 years, has been impacted by TPH, and has also been impacted by VOCs.

Location 2 was previously used for solvent and other chemical storage and repackaging

operations by private owners and has been impacted by VOCs.

As part of the previous investigations, there were several soil borings completed. The

maximum depth of these borings reached 116 feet below ground surface. Soil and soil vapor



analyses from these borings identified TPH and/or VOCs. Attachments I, II and III of this RFP

provide a summary regarding the data compiled and analyzed by SCS Engineers.

SECTION 3 – SCOPE OF SERVICES

This RFP is for the development and implementation of an environmental remedial action plan

(RAP) for Locations 1 and 2 (described in the above Section 2), including creation of

construction documents, plans and specifications, construction, excavation, and subsequent

project monitoring of the work described herein. The documents and construction work shall

follow industry best practices and meet all applicable local and state codes and regulations.

The Consultant shall confirm the viability of remediation options and proceed with the

execution of two separate Department of Toxic Substances Control (DTSC) work plans

respectively for Locations 1 and 2.

Consultant Team

The Consultant Team shall be comprised of a qualified project manager, environmental

engineer, a contractor with a State of California Class A license along with a hazardous

substance removal certification and any other Consultant Team members necessary to perform

the required work tasks and improvements for the proposed environmental contamination

remediation of both locations identified in Section 2 above.

Summary of Services

The Consultant shall provide the following services:

1. Provide complete and detailed construction plans and specifications prepared and

sealed by licensed professionals as required by the City of Pomona.

2. Obtain all applicable city and state permits and/or certificates, inspections, and

submit all reports to local environmental agencies (DTSC, AQMD, OSHA, USA) as

required.

3. General environmental clean up contracting services for the analysis, soil

remediation and monitoring of the site at 198 N. Hamilton Boulevard.

4. General environmental clean up contracting services for the analysis,

soil/groundwater remediation and monitoring of the site at 822 W. Commercial

Street.

5. Meet with City staff as required for coordinating project construction documents

and construction work. Proposer shall provide bi-weekly status reports regarding



the progression of the RAP. See Attachment VIII for a sample status report. Attend

coordination meetings required for normal document development and processing

of the work.

6. Upon completion of any construction, or excavation and backfilling during the

project, the Consultant shall provide a set of “as built” records, final reports, site

investigations, maps, approval letters and report from various agencies, and work

plans that have been prepared by the Consultant Team (and any sub-consultants or

subcontractors), including updated engineering drawings having revisions reflecting

the field modifications as recorded on site by the general contractor. Provide

documents in PDF and Word format. Provide drawings and maps in GIS and

AutoCAD format.

Description of Services

Task 1 - Data Review and Analysis

The Consultant shall review available data including:

• Site specific documents for Locations 1 and 2, involving site characterization,

monitoring, and remedial activities. Copies of these documents are given as

Attachments II and III.

• Hydrogeologic data, lithologic logs, water quality data, and water level data to be

provided by the City.

The City shall provide the Consultant with all pertinent data and reports. The

Consultant shall evaluate the data to determine the appropriate vertical interval (bgs) to

target for remediation. See Attachments II and III for existing field data. Consultant

shall summarize SCS Engineers’ soil and groundwater investigations results. The

Consultant shall present the summary in a meeting with City staff. The Consultant shall

also provide the City with draft copies of the resulting text (if any), maps, and tables,

and shall incorporate the City’s comments. A total of one meeting at the City of

Pomona should be assumed for completion of this task.

Task 2 – Evaluation of Proposed Remedial Options

Utilizing data from Task 1, the Consultant shall identify and evaluate the best remedial

methodologies and associated facilities that are needed to address VOC and/or TPH soil

and groundwater contamination. Consultant shall prepare a RAP and work plan to

address soil and groundwater contamination at Locations 1 and 2. Consultant shall

create two separate DTSC work plans for Locations 1 and 2, respectively. The draft

plans shall be presented to City staff for comments and finalized based on these



comments. The resulting work plans shall be submitted to DTSC and revised as

necessary based on agency comments.

Task 3 – Soil Vapor Monitoring and Extraction, Soil Excavation, and (Optional) Chemical

Oxidation

All soil vapor extraction (SVE) wells shall be installed as described in the RAP.

Consultant shall complete a detailed design of the SVE system, install all necessary

equipment, complete necessary utility connections, and provide six (6) months of SVE

system operation.

Submit laboratory data and summary report of operations to the City of Pomona project

manager as they are completed. After 1 week of operation, conduct Photo-ionization

(PID) or Flame-ionization (FID) measured influent concentrations analysis of vapor

stream from each screen section. Optimize operation of system to maximize extraction

based on PID or FID readings. Conduct subsequent SVE system monitoring as specified

in the approved RAP. Provide monthly Photo-ionization (PID) or Flame-ionization (FID)

measured influent and effluent concentrations to and from vapor treatment system.

Conduct system maintenance as required to maintain a minimum run time of 75 percent

of available time (minimum total run time of 780 hours). System shall be checked for

proper operation at least on a weekly basis by Proposer’s team to insure proper

operation by a qualified individual.

Treatment as part of the SVE system shall be in accordance with the approved RAP.

Piping runs shall be provided, as necessary, by the Consultant, from individual wellheads

to the SVE treatment system. All piping that runs between vapor extraction wellheads

and the treatment system shall be below grade. Trenches will be backfilled and

compacted to a minimum 95 percent relative compaction if located in a paved surface

to match existing paving. The property adjacent to both locations is residential and the

City of Pomona requires sound attenuation such that the noise level at the property

boundary does not exceed 75 dBA. All equipment installed and operated shall meet this

noise criteria requirement when operating.

Consultant shall provide physical security around SVE and piping manifolds such as chain

link fencing during the duration of the project. Consultant shall measure the vapor flow

rate and vacuum accurately at each piping run. Valves will be installed to allow flow

control for each piping run. Flow metering locations and flow adjustment control valves

will be located above ground near the treatment system. Consultant shall collect a

vapor sample from each vapor extraction well screen section.

Location of the SVE shall be in compliance with all requirements of the Los Angeles

County Fire Department and emissions shall be in compliance with requirements of the

South Coast Air Quality Management District.



If a new electrical power pole is required to support electrical service for equipment,

install said pole(s) where minimal impact to site traffic is provided.

Once SVE is operational Consultant shall provide a report summarizing operation of the

system including mass extracted by VOC constituent type. These SVE reports shall cover

a three month interval of operation for each site that contains SVE wells. These reports

shall be issued for the duration of the SVE operation at three month intervals.

Report shall include:

• Vacuum at each wellhead.

• PID/FID readings at each wellhead.

• Estimated mass removal by constituent

• All SVE influent and effluent data (i.e. PID/FID data).

• Laboratory analysis of influent and effluent data for treatment system including

at a minimum the concentration of VOCs present.

• System vacuum.

• Total system vapor flow rate.

• Individual well vapor flow rate.

• Influent temperature.

• Influent pressure.

• Graphical representation of total pounds VOCs removed.

• Graphical representation of total influent contaminant concentration over time.

At the end of operation period remove SVE system, all above ground equipment, and all

piping. Remove power supply if temporary electrical power is brought to site.

Optionally, if included in the approved RAP, Task 3 shall include injection of a chemical

oxidizing agent to remediate shallow soil VOC contamination “hot spots” at Location 2 in

concert with SVE. All injection points shall be installed as described in the RAP. This will

include completion of design of the injection system (including chemical specification

and amounts of chemical to inject), mobilization and use of all necessary equipment,

and proper abandonment of injection points after use. All necessary monitoring of

chemical oxidation processes, as described in the RAP, shall be conducted. Provide two

(2) quarterly reports summarizing operation of the chemical oxidation including

quantities injected, results of progress monitoring, and assessment of effectiveness

(these reports may be combined with the SVE reports if permitted by the RAP).

Task 4 – Soil Excavation and Disposal

The Consultant shall evaluate soil excavation and disposal options for Locations 1 and 2.

This evaluation shall include the verification of the volume of contaminated soil to be



removed. The Consultant shall include the path of travel, mobilization, transport

materials, manifest for custody of excavated material and disposal within their

evaluation. The Consultant shall submit all documentation regarding this evaluation to

the City’s project manager before excavation occurs.

Task 5 – Groundwater Monitoring (Location 2 only)

Groundwater sampling as part of this Scope of Services shall include sampling of the

existing monitor wells for one sampling event after operation of the SVE system with

the following information collected and reported:

• Depth to groundwater

• Local groundwater gradient

• Collection of groundwater temperature, pH, dissolved oxygen (DO) and

conductivity during purging of the wells to confirm stability has been reached.

• Analysis of groundwater samples for VOC contaminants of any type

• Groundwater sampling shall be in conformance with local standards

• Upload of laboratory data

Additional Requirements for the Scope of Services

• All work shall be completed to minimize impacts to the existing residential and industrial

buildings adjacent to this site.

• Final construction design shall comply with all local, state, and federal requirements.

• Consultant shall obtain an approved Department of Toxic Substances (DTSC) work plan,

along with a Southern California Air Quality Management District (AQMD) permit for the

RAP.

• Prior to the start of field activities, prepare and submit a Site Specific Health and Safety

Plan for all work under this contract.

• Disposal of Investigation Derived Waste – Provide proper disposal of all waste products

generated through the execution of this contract.

• Compliance with all Applicable Laws and Regulations – Site assessment clean-up

activities shall be in compliance with all applicable state, federal, and local laws and

regulations.

• Consultant shall obtain all required permits needed for lawful execution of work under

this contract.

• Consultant shall comply with California Business and Professions Code in respect to

having California registered Geologists or Engineers conduct required work under this

Code.

• Contractor shall possess a California Class A-General Engineering Contractors license

with a HAZ (Hazardous Substance Removal) Certification.

• Warrants – The Consultant shall warrants that:



o Consultant understands the currently known hazards of the activities described

under the Scope of Work.

o Consultant will conduct all activities described in each of the tasks set forth in

the Scope of Work in full compliance with all governmental laws, regulations and

orders.

o Consultant will secure all permits necessary to the implementation and

completion of the Scope of Work.

• SPECIFIC COMPLIANCE: Consultant shall abide by all applicable Federal and State laws

and regulations, including, but not limited to:

o Cal OSHA Requirements

o Air Quality Act

o Energy Policy and Conservation Act

o CEQA and NEPA

o Ability to meet NPDES permit requirements

o Department of Toxic Substances Control (DTSC)

o Call 1-800-227-2600 or go to www.digalert.com a minimum of 48 hours prior to

trenching to verify utility locations. Include hiring of a private utility locator in

scope of work for locating all on site utilities prior to trenching.

• Scope of Services performed shall include all labor, material, reports, certifications,

operating supplies, utilities, auxiliary fuels, equipment, and permits required by local

and state agencies necessary to perform work as outlined above. All such work and

services provided under this contract shall be performed in a thorough and efficient

manner and to the satisfaction of the City of Pomona.

SECTION 4 – OTHER CITY REQUIREMENTS

A. Product Liability Insurance

Proposer shall provide proof of adequate product liability insurance prior to award of this

contract.

B. Indemnity

The Proposer agrees to indemnify the City of Pomona, and any officer, employee or agent and

hold the City of Pomona, and any officer, employee or agent thereof harmless from any and all

claims, liabilities, obligations and causes of action of whatsoever kind or nature for injury to, or

death of, any person (including officers, employees and agents of the City of Pomona), and for

injury or damage to or destruction of property (including property of the City of Pomona),

resulting from any and all actions or omissions of contractor or contractor’s employees, agents

or invitees, or any subcontractor of contractor or any of such subcontractor’s employees,

agents or invitees.



C. Best Management Practices

The City has specific best management practices which shall be executed and included as part

of the overall remediation plan. A brief list of these practices is as follows:

• Protect stockpiles and materials from wind and rain by storing them under secured

plastic sheeting or temporary roofs.

• Whenever possible schedule grading and excavation projects for dry weather.

• Avoid contaminating clean runoff from areas adjacent to your site by using berms

and temporary check dams to divert water flow around the site.

• Always cover and maintain dumpsters. Check thoroughly and frequently for leaks.

• Clean up leaks, drips and other spills immediately. This will prevent contaminated

soil or residue on paved surfaces from blowing or washing into the storm drains.

• Identify all storm drains, drainage swales and creeks located near the construction

site and make sure all subcontractors are aware of their locations to prevent

pollutants from entering them.

• Use terracing, rip rap, sand bags, rocks, straw bales, and/or temporary vegetation on

slopes to reduce runoff velocity and trap sediments.

• Dispose of all waste properly. Many construction materials, including solvents,

water-based paints, vehicle fluids, broken asphalt and concrete, wood, and cleared

vegetation can be recycled.

• Train your employees and subcontractors in erosion and runoff control procedures.

For further information regarding the full scope of the City’s BMPs, please reference

http://dpw.lacounty.gov/wmd/npdesrsa/annualreport/. Reference Appendix I and select the

“Pomona” link.

D. Insurance

The Proposer shall furnish the City certificates of insurance prior to the execution of the

contract demonstrating that the following coverage is in effect and in accordance with the

specifications.

1. Workers’ Compensation

The Proposer shall provide and maintain in full force Workers’ Compensation Insurance in

accordance with the Labor Code throughout the life of any contract entered herein. The

Proposer agrees to hold the City and its agents free and harmless from any and all

claims/actions that may arise by reason of injury to any employee of the selected Proposer.



• Workers’ Compensation and Employees’ Liability

a. Workers’ Compensation Statutory Limits

b. E1 Each Accident 1,000,000

c. E1 Disease – Policy Limit 1,000,000

d. E1 Disease – Each Employee 1,000,000

2. Public Liability and Property Damage

The Proposer shall maintain during the life of any contract entered into public liability and

property damage insurance in which the City shall be named as an additional insured, and

which shall protect the Proposer or any subcontractor performing work covered by the contract

from claims for personal injury, including accidental death as well as for claims for personal

damages which may arise from the operations under any contract entered into whether such

operations shall be performed by the Proposer or any subcontractor, or by anyone directly or

indirectly employed by any one of them.

The limit of liability for such insurance shall be as follows:

• Professional Liability $2,000,000

• General Liability

a. General Aggregate $2,000,000

b. Products Comp/ OP AGG 2,000,000

c. Personal & Adv Injury 1,000,000

d. Each Occurrence 1,000,000

e. Fire Damage (any one fire) 50,000

f. Medical Expense (any one person) 5,000

• Automotive Liability

Any vehicle, combined single vehicle $1,000,000

The issuing insurance company shall have A.M. Best rating no less than A-:VII. All said insurance

policies, as described in this section, shall provide that the same is non-cancelable except upon

thirty (30) days written notice to the City.

SECTION 5 – SUBMITTAL REQUIREMENTS

The following RFP response format is required and has been designed to facilitate comparison

among RFPs submitted.



5.1 Cover Letter - Introduction

This should include an introduction to your Consultant Team as well as the name, phone

number, fax number and email address of a single contact person in two (2) pages or less.

5.2 Executive Summary

Provide a clear and concise summary of the proposal in three (3) pages or less.

5.3 Project Plan

Proposers shall provide a detailed project plan and schedule for the remediation process

detailed in Section 3. This project plan should include all key tasks, formal review, approval

points, and key factors upon which progress and success may depend.

5.4 Statement of Qualifications

Proposers shall provide a history of their Consultant Team and its experience in designing and

constructing similar infrastructure improvements or environmental site clean up. If the

proposing firm will be offering certain elements of the project through a subcontractor,

sufficient information and data with respect to each subcontractor shall be provided to

demonstrate that it has the requisite experience to perform the function assigned by the

Proposer.

Proposers shall briefly describe three other projects executed by the Proposer that

demonstrate relevant experience including agency name, address, contact name and phone

number, a brief description of the role fulfilled, and the results achieved.

5.5 Scope of Work

Provide your responses to Section 3 (Scope of Services) of this RFP. The response shall contain

detailed, step-by-step descriptions of the work being proposed. It shall be organized to reflect

the order in which the work will be done. The work sequence shall identify the task, and any

subtasks, as carefully and with as much detail as possible for performing that work. The end of

each major task section should specify the item resulting from successful completion of the task

(deliverables). Each task should be described in a separate, numbered paragraph. There

should be a deliverable item for each task. Deliverable items can be listed after each task, or

may be listed in a summary schedule and cross-referenced by the appropriate task number.

All conditions and assumptions shall be stated in your proposal.



Additional Services Offered: In the event that services beyond the scope of this proposal are

bid, they should be clearly identified as such, with the scope and price indicated separate from

the work requested here. The proposal shall clearly state the basis under which the City may

be billed for services.

Project Schedule: The response to this RFP shall include a detailed schedule for document

production, pre-construction activities, construction activities and project closeout for this

project with an expected delivery date of March 1, 2014. There shall be separate project

schedules for Locations 1 and 2 respectively, with a March 1, 2014 project closeout and delivery

date. The City anticipates a tentative project kick-off meeting during the first week of July

2013. The City desires to receive a draft work plan within three months thereafter. The City

will provide review comments and desires to receive a final work plan for remediation within

one month after receiving review comments from the City.

5.6 Compensation Proposal

A fixed-price quotation is expected. If the proposal includes an hourly or daily rate, then a not-

to-exceed amount is required.

Please provide pricing for the RAP, as well as pricing for each module or task that can be

purchased and implemented separately.

• Implementation cost (inclusive of all applicable state and local agency costs)

• Training cost (inclusive of onsite monitoring for RAP)

• Provide incremental and ongoing equipment maintenance cost

The Proposer shall provide the cost of the RAP, work plan development, remediation execution

and any applicable ongoing monitoring.

SECTION 6 – SELECTION CRITERIA

The award, if any, will be made to the proposal that best serves the interests of the City. In

evaluating whether the Proposer is the most suitable bidder pursuant to the Pomona Municipal

Code, City

Staff may utilize some or all of the following criteria in addition to any mentioned throughout

this RFP:

1. Information submitted in the proposal

2. Information obtained from the listed references

3. Proposed project plan

4. Experience, qualifications, and references of the Proposer

5. Proposal’s responsiveness to the scope of work



6. Proposed timeline

7. Interviews

8. Demonstrated experience in designing and constructing public facilities

9. Competitive price

10. The quality of the product and services offered

11. The capacity of the Proposer to perform the contract and provide the service

promptly, within the time specified, and without delay or interference.

12. The sufficiency and stability of the Proposer’s financial resources

13. The character, integrity, reputation, judgment, training, experience and efficiency of

the Proposer

SECTION 7 – SELECTION PROCEDURE

Responses to this RFP will be reviewed by staff members from the Public Works Department

and other selected departments. Evaluation criteria and relative weighting will be as shown on

the enclosed Proposal Rating Form (Attachment IV) used by our review team. Evaluation of the

proposals shall be a competitive selection, based on the basis of overall best value to the City

and not on price alone. The City shall have absolute discretion in determining the applicability

and weight or relative weight of some or all of the criteria listed in Section 6 and is not required

to select the lowest monetary bidder. It is understood that if the Proposer to whom any award

is made fails to enter into a contract, the award may be made to the next best bidder, who shall

be bound to perform as if she/he received the award in the first instance.

In a separately-sealed envelope, provide one copy of your proposal fees and costs. Do not

provide any other proposal information in the separate envelope. Fees shall be presented on

an hourly-rate basis with a not-to exceed amount set forth for each task, and sub-task when

applicable, including any associated costs. All price bids in the proposal shall include federal,

state, local and other taxes. Nothing contained in this RFP shall create any contractual

relationship between the proposing Proposer and the City. The City accepts no financial

responsibility for costs incurred by any proposing Proposer regarding this RFP. Status of

proposals will be posted on the City’s website as soon as information is available.

The contract for consulting will be in accord with the City’s Professional Services Agreement,

which is attached as part of this RFP. The City requires evidence of the following insurance

coverage: Commercial General Liability, Automobile Liability and Professional Liability

Insurance. See Section 4 for further insurance requirements.

The City reserves the right to reject any or all proposals and any item or items therein, and to

waive any non-conformity of proposals with this RFP, whether of a technical or substantive

nature, as the interest of the City may require.



Subcontractors are the responsibility of the selected Proposer and there will be no contractual

relationship between the subcontractor and the City.

Submission of a proposal will be deemed a binding offer to enter into a contract on the terms

contained therein for 90 days from the RFP opening.

SECTION 8 – TERMS AND CONDITIONS

8.1 Conflict of Interest

Except for items that are clearly promotional in nature, mass produced, trivial in value and not

intended to invoke any form of reciprocation, employees of the City of Pomona may not accept

gratuities, entertainment, meals, or anything of value whatsoever from current or potential

suppliers. The offer of such gratuity to any employee of the City shall be cause for declaring

such supplier to be an irresponsible bidder and preventing him from bidding as provided in

Sections 2-974 and 2-975 of the City Code of the City of Pomona.

8.2 Additional Requirement

The attached “Minority Business Questionnaire” and “Statement of Non-Collusion by

Contractor” forms shall be filled out, signed by a company principal or officer, and returned

with the bid.

8.3 Affirmative Action

The City of Pomona hereby notifies all bidders that it will affirmatively insure that in any

contract entered into pursuant to this RFP, minority business enterprises will be afforded full

opportunity to submit bids in response to this invitation and will not be discriminated against

on the ground of sex, race, color, or national origin in consideration for an award.

8.4 Assignment of Contract

Consultant shall under no circumstances assign this contract or any part thereof to another

party without express written permission by the City of Pomona.

8.5 Independent Contractor Status

It is expressly understood that the Consultant named in the contract entered into is acting as an

independent contractor, not as an agent or employee of the City of Pomona.



8.6 Signed Submission of Proposals

The submission of proposals shall be signed in longhand by the Proposer with his/her usual

signature. Submission of proposals by partnerships shall be signed with the partnership name

by the principal partner, followed by the signature and designation of partner signing;

submission of proposals by corporations shall be signed with legal name of corporation of

president, secretary, or other person authorized to bind it in the matter. The name of each

person signing shall be typed or printed below the signature.

8.7 Addendum of the RFP

If it becomes necessary to revise any part of this RFP, an addendum to the RFP will be posted

on the City’s website. All addenda issued during the time of bidding will be incorporated into

any resulting contract.

8.8 Late Submission of Proposals

Any submission of proposals received after the due date and time specified in RFP will not be

considered.

8.9 Withdrawal of Submission of Proposals

Any Proposer may withdraw his/her submission of proposals, by written request at any time

prior to the time set for the proposals’ opening, provided that written confirmation of any

facsimile withdrawal of the signature of the service provider is placed in the mail and

postmarked prior to the time set for the opening thereof. Negligence on the part of the service

provider in preparing his/her submission of proposals confers no right of withdrawal or

modification of his/her submission after such submission has been opened.

8.10 Letters of Objection

Any Proposer believing that any part of the RFP, including the specifications and/or the

evaluation procedures, is discriminatory against the Proposer or precludes the Proposer from

being given reasonable consideration in the evaluation process shall submit a letter twenty (20)

days prior to the scheduled opening date specified in the cover letter, to the City’s Purchasing

Manager clearly stating the specific objection and the areas of concern to the Proposer and

including a proposed method for resolution of such objections. Proposers are cautioned that

any such objections not timely raised in the manner specified herein shall not be considered.

The City, upon timely receipt of any such letter of objection, shall consider the proposer’s

objection and, when in the opinion of the City, a modification of the RFP shall service the best

interest of the City. Revisions to the RFP, in the form of a written addendum shall be posted on

the City’s website.



8.11 Service Provider’s Cost To Develop Proposal

Costs for developing proposals in response to this RFP are entirely the obligation of the service

provider and shall not be chargeable in any manner to the City of Pomona.

8.12 Proposal Validity Period

Submission of a proposal will signify the supplier’s Agreement that his/her proposal is valid for

at least ninety (90) days from the date of opening.

8.13 News Releases

News releases pertaining to an award resulting from proposal made in response to the RFP shall

not be made by the Proposer without the prior written approval of the City of Pomona Finance

Director. In addition, the successful service provider shall agree not to release any advertising

copy mentioning the City of Pomona or quoting the opinion of any City employee without

written approval by the City of Pomona Finance Director.

8.14 Permits & Licenses

Proposer shall secure and maintain in force during the period covered by any contract resulting

from this specification all licenses and permits required by law for the operation of their

business, including a City of Pomona business license.

ATTACHMENTS

Attachment V. – City of Pomona Sample Contract

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES

THIS AGREEMENT (hereinafter referred to as AGREEMENT) by and between the CITY OF POMONA,

hereinafter referred to as the “CITY,” and ___________, a Corporation, hereinafter referred to as

“CONSULTANT”, is entered into this _ day of ________, 2013

.

RECITALS

WHEREAS, the CITY desires to engage CONSULTANT to perform professional consulting services for

CITY.

WHEREAS, CONSULTANT represents that the principal representative is authorized to enter

into this agreement on behalf of CONSULTANT and CONSULTANT is willing to perform such services

hereinafter defined.

NOW, THEREFORE, the parties agree as follows:

1. REPRESENTATIVES OF THE PARTIES AND SERVICE OF NOTICE. The representatives of the

parties who are primarily responsible for the administration of the AGREEMENT, and to whom formal

notice, demands and communications shall be given, are as follows:

The principal representative of the CITY shall be:

_______________

City of Pomona

505 South Garey Avenue

Pomona, CA 91766

Ph (909) 620-_______

Fax (909) 620-_______

The principal representative of the CONSULTANT shall be:

-----------------------------

-----------------------------

A. Formal notices, demands and communications to be given hereunder by either party shall be

made in writing and may be affected by personal delivery or by mail.

B. If the name of the principal representative designated to receive the notices, demands or

communications, or the address of such person, is changed, written notice shall be given within five

(5) working days of said changes.

C. Nichole Horton, Utility Engineering Associate, is the Project Manager, whose duties include,

but are not limited to, overseeing CONSULTANT’s performance of the Scope of Services.

2. RETENTION. The CITY retains and employs CONSULTANT to act as such for CITY to perform

such consulting services described in the Scope of Services and as may be requested of it by the CITY.

CONSULTANT accepts the employment and agrees to render such services as CONSULTANT on the

terms and conditions herein stated.

3. SCOPE OF SERVICES. The scope of such services is set forth in the attached Exhibit “A”.

4. COMPENSATION. The CITY agrees to pay CONSULTANT for performance of the above-

referenced Scope of Services, which shall be invoiced as described in this paragraph. The CITY’s

payments shall be in accordance with the fee schedule attached as Exhibit “B”. CONSULTANT agrees

that fees for services shall not exceed the authorized amount of _________________ dollars

($XX,XXX), as set forth in attached Exhibit “B”, unless the CITY has given specific advance approval in

writing. Payments shall not exceed the proportionate amount due, based on the estimated percent

complete (as determined by the City Engineer) for each individual task identified in the Scope of

Services. The proportion of total compensation paid to CONSULTANT shall not exceed the total

estimated percent of services complete (as determined by the City Engineer). Invoices for payment

of services shall identify the task (as outlined in the Scope of Services), as well as time and materials,

for the service period being invoiced. Payment of approved invoices shall be made within thirty (30)

days of receipt.

5. TERM. The term of this Agreement shall commence on the date first mentioned above

and shall continue until the Scope of Services is completed.

6. INDEPENDENT CONTRACTOR. CONSULTANT is an independent contractor. As such,

CONSULTANT shall have no power or authority to incur any debt, obligation or liability on behalf of

CITY. Further, CONSULTANT is not entitled to any benefit typically associated with an employee such

as medical, sick leave or vacation benefit.

7. PERS ELIGIBILITY INDEMNITY. In the event that CONSULTANT or any employee, agent, or

subcontractor of CONSULTANT providing services under this Agreement claims or is determined by a

court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be

eligible for enrollment in PERS as an employee of the CITY, CONSULTANT shall indemnify, defend, and

hold harmless CITY for the payment of any employee and/or employer contributions for PERS

benefits on behalf of CONSULTANT or its employees, agents, or subcontractors, as well as for the

payment of any penalties and interest on such contributions, which would otherwise be the

responsibility of CITY.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the

contrary, CONSULTANT and any of its employees, agents, and subcontractors providing service under

this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to,

any compensation, benefit, or any incident of employment by CITY, including but not limited to

eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by

CITY for employer contribution and/or employee contributions for PERS benefits.

8. ECONOMIC INTEREST STATEMENT. CONSULTANT hereby acknowledges that pursuant to

Government Code Section 87300 and the Conflict of Interest Code adopted by CITY hereunder,

CONSULTANT is designated in said Conflict of Interest Code and is therefore required to file an

Economic Interest Statement (Form 700) with the CITY Clerk, for the CONSULTANT, CONSULTANT’s

employees, any subconsultants, or any person performing services under this Agreement, prior to the

commencement of work. The extent of CONSULTANTS disclosure requirements is set forth in the

written determination of the CITY Manager of CITY, attached hereto as Exhibit “C.”

9. INDEMNITY AND INSURANCE INDEMNITY. CONSULTANT hereby agrees to indemnify,

including the cost to defend CITY, and its officers, officials, agents, employees, and volunteers, from

any and all losses, claims, liens, demands, liability, and causes of action of every kind and character

including, but not limited to, the amounts of judgment, interests, court costs, legal fees, expert costs,

expert fees and other all expenses incurred by the CITY to the maximum extent allowed by law arising

in favor of any party, that arise out of, or pertain to, or relate to the negligence, recklessness, or

willful misconduct of CONSULTANT and its agents in the performance of services under this contract,

but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury

to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by

CITY or the agents, servants, or independent contractors who are directly responsible to CITY, or

arising from the active negligence of CITY.

INSURANCE. CONSULTANT shall procure and maintain at all times during the term of this Agreement

insurance as set forth in Exhibit “D” attached hereto.

10. OWNERSHIP OF WORK PRODUCT. All reports, documents or other written material

developed by CONSULTANT in the performance of this AGREEMENT shall be and remain the property

of CITY without restriction or limitation upon its use or dissemination by CITY and shall constitute a

public record pursuant to California Government Code section 6250 et seq. Such Material shall not

be the subject of a copyright application by CONSULTANT. Any re-use by CITY of any such materials

on any project other than the project for which they were prepared shall be at the sole risk of CITY

unless CITY compensates CONSULTANT for such use.

11. CONFIDENTIALITY. Employees of CONSULTANT in the course of their duties may have access

to financial, accounting, statistical, and personnel data of private individuals and employees of CITY.

CONSULTANT covenants that all data, documents, discussion, or other information developed or

received by CONSULTANT or provided for performance of this AGREEMENT are deemed confidential

and shall not be disclosed by CONSULTANT without written authorization by CITY. CITY shall grant

such authorization if disclosure is required by law. All CITY data shall be returned to CITY upon the

termination of this AGREEMENT. CONSULTANT’s covenant under this Section shall survive the

termination of this AGREEMENT.

12. TERMINATION FOR CONVENIENCE. The CITY may terminate this AGREEMENT at any time without

cause by giving thirty (30) calendar days written notice to the other of such termination and specifying the

effective date thereof. If this AGREEMENT is terminated as provided herein, CONSULTANT will be paid a

total amount equal to the service he has provided to the CITY’S satisfaction, as determined solely by the

CITY, as of the termination date. In no event shall the amount payable upon termination exceed the total

maximum compensation provided for in this AGREEMENT.

13. TERMINATION FOR CAUSE. If for any reason, CONSULTANT shall fail to fulfill in a timely and

proper manner its obligation under this AGREEMENT, or if CONSULTANT shall violate any of the

covenants or stipulations of this agreement, CITY shall then have the right to terminate this

agreement by giving a five (5) calendar day written notice to CONSULTANT. The notice shall refer to

this clause, shall specify the nature of the alleged default, and shall specify the effective date of the

termination. The CONSULTANT will be paid a total amount equal to the service he has provided to the

CITY’S satisfaction, as determined solely by the CITY, as of the termination date. In no event shall the

amount payable upon termination exceed the total maximum compensation provided for in this

AGREEMENT.

14. ASSIGNMENT AND SUBCONTRACTING. Neither party shall assign or subcontract the rights or

responsibilities under this agreement without the express, written consent of the other party, which

may be withheld for any reason or for no reason.

15. STANDARD. CONSULTANT agrees that the services to be rendered pursuant to this

Agreement shall be performed in accordance with the standards customarily provided by an

experienced and competent professional organization rendering the same or similar services.

CONSULTANT shall re-perform any of said services, which are not in conformity with standards as

determined by the CITY. The CONSULTANT will be relieved of it’s obligation to re-perform said

services if the CITY does not notify CONSULTANT within 180 days after the completion of the non-

conforming service. Compensation for CONSULTANT to re-perform said services shall be subject to

the approval of the CITY, but in no event shall such compensation exceed the actual cost of said

services. Except as hereinafter provided in respect of personal injury or property damage, the terms

and conditions set forth in this Agreement are the CONSULTANT’S entire responsibilities and the

CITY’S exclusive remedies for service rendered or to be rendered hereunder, and no other warranties,

guarantees, liabilities, or obligations are to be implied.

16. RESOLUTION OF DISPUTES. Disputes regarding the interpretation or application of any

provisions of this AGREEMENT shall, to the extent reasonably feasible, be resolved through good faith

negotiations between the parties.

If any action, at law or in equity, is brought to enforce or to interpret any provisions of this

AGREEMENT, the prevailing party in such action shall be entitled to recover reasonable attorney’s

fees, costs and necessary disbursements, in addition to such other relief as may be sought and

awarded.

17. FORCE MAJEURE. The respective duties and obligations of the parties hereunder shall be

suspended while and so long as performance hereto is prevented or impeded by strikes,

disturbances, riots, fire, severe weather, government action, war acts, acts of God, or any other cause

similar or dissimilar to the foregoing which are beyond the control of the party from whom the

affected performance was due. A Party to this Agreement wishing to invoke this Section shall notify

in writing the other Party to this Agreement of that intention within five (5) days of the date on which

it knew or should have known of the commencement of any such cause for delay and shall, at that

time, specify the reason therefore. The failure to so notify the other Party within the period

described herein as to the cause for delay shall constitute a waiver of any right to later rely upon this

Section with respect to this clause.

18. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY. In the performance of

this AGREEMENT, CONSULTANT shall not discriminate against any employee, subcontractor, or

applicant for employment because of race, color, creed, religion, sex, marital status, national origin,

ancestry, age, physical or mental handicap, medical condition, or sexual orientation. CONSULTANT

shall take affirmative action to ensure that employees are treated during employment without regard

to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or

mental handicap, medical condition, or sexual orientation. CONSULTANT shall also take affirmative

action to ensure that subcontractors or subconsultants are employed, and applicants are reviewed,

without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age,

physical or mental handicap, medical condition, or sexual orientation.

19. SEVERABILITY. If any provision of this agreement is held by a court of competent jurisdiction

to be invalid, void or unenforceable, the remaining provisions nevertheless will continue in full force

and effect without being impaired or invalidated in any way.

20. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with

laws of the State of California. In the event of litigation between the parties, venue in state trial

courts shall lie exclusively in the County of Los Angeles. In the event of litigation in a U.S. District

Court, exclusive venue shall lie in the Central District of California.

21. ENTIRE AGREEMENT. This AGREEMENT, together with Exhibits “A,” “B,” “C” and “D”

supersede any and all other agreements, either oral or in writing, between the parties with respect to

the subject matter herein. Each party to this AGREEMENT acknowledges that no representation by

any party, which is not embodied herein, nor any other agreement; statement or promise not

contained in this AGREEMENT shall be valid and binding. Any modification of the AGREEMENT shall

be effective only if it is in writing and signed by all parties.

IN WITNESS WHEREOF this Agreement is entered into by the parties hereto on the date first written

above, and the parties have caused their duly authorized representatives to execute this Agreement

on the dates set forth below.

ATTEST: THE CITY OF POMONA

By:

City Clerk City Manager

Date: ______________________ Date: ______________________

APPROVED AS TO FORM: CONSULTANT

By:

City Attorney [Name and Title]

Date: ______________________ Date: ______________________

Approved by City Council on _____________

Attachment VI. - Statement of Non-Collusion by Contractor(s) Form

The undersigned who submits herewith to the City of Pomona a Bid or proposal does hereby certify:

a. That all statements of fact in such bid or proposal are true;

b. That such bid or proposal was not made in the interest of or on behalf of any undisclosed person,

partnership, company, association, organization or corporation;

c. That such bid or proposal is genuine and not collusive or sham;

d. 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 Pomona or of any other bidder or anyone else

interested in the proposed procurement;

e. 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 or proposal, or that anyone should refrain from bidding or withdraw

his bid or proposal;

f. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone

to raise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost

element of his bid or proposal price, or that of anyone else;

g. Did not, directly or indirectly, submit his bid or 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 agent thereof, or to any individual or group of individuals, except to

the City of Pomona, or to any person or persons who have a partnership or other financial interest with said bidder

in his business.

h. Did not provide, directly or indirectly to any officer or employee of the City of Pomona any gratuity,

entertainment, meals, or any thing of value, whatsoever, which could be construed as intending to invoke any form

of reciprocation or favorable treatment.

i. That no officer or principal of the undersigned firm is employed or has been employed, either full or part

time, by the City of Pomona either currently or within the last two (2) years; or is related to any officer or employee

of the City by blood or marriage within the third degree. An exception to this section may be granted by approval of

the City Council prior to contract award.

j. That no offer or principal of the undersigned firm nor any subcontractor(s) to be engaged by the principal

has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any

other act in violation of any state or federal antitrust law in connection with the bidding upon award of, or

performance of, any public work contract, with any public entity, within the last three years.

I certify, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct and

that this certification was executed on___________________at_______________________California.

(Date) (Location)

Firm____________________________________________

(Signature)

Street___________________________________________

(Print Name & Title)

City_______________________State_____Zip_______________

Attachment VII. – Minority Business Questionnaire

Date: ________________________________________

Name of Business: _____________________________________________

Division or Subsidiary, if applicable

__________________________________________________________

Business Address: __________________________________________________________

__________________________________________________________

__________________________________________________________

Telephone No.: __________________________________________________________

Contact Person: __________________________________________________________

Title: __________________________________________________________

Type of Business:

Non Profit [ ]

Sole Proprietorship [ ]

Partnership - General [ ]

- Limited [ ]

Corporation [ ]

Is the business 51% or more owned by:

American Indian [ ]

Asian [ ]

Black [ ]

Hispanic [ ]

Female [ ]

Other_______________________ [ ]

(please specify)

Prepared By: _____________________________________________________________

Title: _____________________________________________________________

For more information, contact Purchasing Division, City of Pomona, (909) 620-2381.

Attachment VIII.- Sample Status Report

BI-WEEKLY STATUS REPORT FOR

[PROJECT TITLE]

[PROJECT NUMBER]

REPORT NUMBER:

REPORT DATE: PERIOD COVERED: (Month/Day) to (Month/Day)

I. Significant Events:

Provide summary of any meetings and/or discussions which transpired during current reporting

period. Include the description of any decisions reached along with related project impacts.

Also, provide summary of events (i.e. plan submittals, task completions, etc.) which have

occurred during current reporting period.

II. Progress to Date:

Provide summary of percentage of design effort completed to date.

III. Anticipated Problem Areas:

Note any schedule slippage or pending items with description of impacts, if any, to remaining

work. Include name of person or agency with lead in resolving issues.

IV. Schedule:

Establish target dates of milestone events (i.e. plan check submittals, plan approvals, permit

issuance, etc.). Note actual date of event occurrence as work progresses.

V. Upcoming Significant Events:

This section should be used to describe events or actions that are expected to occur during the

next reporting period.

VI. Utility/Agency Coordination:

Provide summary of interface and/or coordination with any utility/agency impacting the

project. Describe general status of efforts along with summary of any meetings which have

occurred during current reporting period. Include expected actions of utility/agency with names

of those effecting the actions, and approval/acceptance dates for all utilities/agencies/entities

affecting the project.

VII. General:

Use this section to cover any project-oriented topics not specifically covered above.

ATTACHMENT IX. - AGREEMENT FOR INDEMNIFICATION BY CONTRACTOR/VENDOR AND ACCEPTANCE AND

ACKNOWLEDGMENTOF PROCUREMENT PRACTICES OF THE CITY OF POMONA

The City of Pomona requires contractors and suppliers of services to the City to agree to indemnify and hold

the City of Pomona harmless for claims or losses arising from or connection with the contracting party’s work

for the City of Pomona before a Purchase Order is issued.

To reduce the possibility of misunderstanding between contracting parties and the City in ease of a claim or

lawsuit, the City of Pomona is requiring that contacting parties who perform services for the City sign this

letter. This letter will act as and become a part of each Contract/Purchase Order between the City of Pomona

and the contracting parties signing the letter for the period of _______________ to _______________.

In consideration of the opportunity of doing work for the City of Pomona and benefits to be received thereby,

the contracting party to this agreement agrees as follows:

1. That where a contract, purchase order or confirming order is issued by the City of Pomona awarding a

contract, this Letter Agreement is to be considered part of that contract.

2. Contractor agrees to indemnify the City of Pomona, and any officer, employee or agent, and hold the City of

Pomona, and any officer, employee or agent, there of harmless from any and all claims, liabilities, obligations

and causes of action of whatsoever kind or nature for injury to, or death of, any person (including officer,

employees and agents of the City of Pomona), and for injury or damage to or destruction of property (including

property of the City of Pomona), resulting from any and all actions or omissions of contractor or contractor’s

employees, agents or invitees, or any subcontractor of contractor or any of such subcontractor’s employees,

agents or invitees.

3. That the contracting party specifically waives the benefits and protection of Labor Code Section 3864 which

provides: “If an action as provided in this chapter is prosecuted by the employee, the employer, or both jointly

against the third person results in judgment against such third person or settlement by such third person the

employer shall have no liability to reimburse or hold such third person harmless on such judgment or

settlement in the absence of a written agreement so to be executed prior to the injury.” This waiver will occur

as to any contracts awarded by the City of Pomona to the contracting party to this letter while this Agreement

is in force.

4. That this Agreement has been signed by an authorized representative of the contracting party, and such

representative has the authority to bid the contractor/vendor to all terms and conditions of this Agreement.

5. That this Agreement shall be binding upon the successors and assignees of the contracting party to any

contract with the City of Pomona. As a condition precedent to acceptance, any contacts from the City of

Pomona and contracting party agree to advise its successors or assignees of this agreement and to obtain their

consent to its writing before the work of the representative successor or assignees begin, such assignment

shall not be effective without the written consent of the City of Pomona.

6. To promptly notify the City of Pomona of any change in ownership of the contracting party while this

Agreement is in force.

This letter Agreement cannot be modified or changed without the express written consent of the City of

Attorney of the City of Pomona.

On behalf of_____________________________________________________________________

(Name of Contractor or Vendor)

_______________________________________________________________________________

(Address)

I agree to the terms of this Letter Agreement

Name

______________________________________Title____________________________________________

(Manager, Owner, or Officer of Company)

This Agreement is to be returned to: City of Pomona Purchasing Department, P. O. Box 660, Pomona, CA 91769

city of pomona · 6/13/2013 · scs engineers’ site investigation reports were provided to all...

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