La Ud RFP
La Ud RFP
FOR
URBAN PLANNING AND DESIGN
CONSULTING SERVICES
Planning Division
Los Angeles County Department of Beaches and Harbors
13837 Fiji Way
Marina del Rey, CA 90292
TABLE OF CONTENTS
Section
1.0 INTRODUCTION 1
1.1 OVERVIEW OF REQUEST FOR PROPOSAL. 2
1.2 DEFINITIONS 3
1.3 MINIMUM MANDATORY REQUiREMENTS 5
1.4 COUNTY RIGHTS AND RESPONSiBILITIES 5
1.5 DIRECTOR TO INTERPRET RFP 5
1.6 CONTRACT TERM 6
1.7 CONTRACT RATES 6
1.8 AWARD OF WORK 6
1.9 CONTACT WITH COUNTY PERSONNEL. 6
1.10 FINAL CONTRACT AWARD BY THE BOARD OF SUPERVISORS 7
1.11 CONTRACT AWARDED ACCORDING TO COUNTY'S INTENDED PURPOSE 7
1.12 MANDATORY REQUIREMENT TO REGISTER ON COUNTY'S WEBVEN 7
1.13 COUNTY OPTION TO REJECT PROPOSALS 8
1.14 PROTEST PROCESS 8
1.15 NOTICE TO PROPOSERS REGARDING THE PUBLIC RECORDS ACT.. 8
1.16 INDEMNIFICATION AND INSURANCE 9
1.17 DETERMINATION OF PROPOSER RESPONSiBILITY 9
1.18 PROPOSER DEBARMENT.. 10
1.19 PROPOSER'S ADHERANCE TO COUNTY'S CHILD SUPPORT COMPLIANCE
PROGRAM 13
1.20 GRATUiTIES 13
1.21 NOTICE TO PROPOSERS REGARDING THE COUNTY LOBBYIST ORDINANCE 14
1.22 FEDERAL EARNED INCOME CREDIT.. 14
1.23 CONSIDERATION OF GAIN/GROW PARTICIPANTS FOR EMPLOYMENT 15
1.24 COUNTY'S QUALITY ASSURANCE PLAN 15
1.25 RECYCLED BOND PAPER. 15
1.26 SAFELY SURRENDERED BABY LAW 16
1.27 COUNTY POLICY ON DOING BUSINESS WITH SMALL BUSINESS 16
1.28 JURY SERVICE PROGRAM 16
1.29 LOCAL SMALL BUSINESS ENTERPRISE PREFERENCE PROGRAM 18
1.30 LOCAL SMALL BUSINESS ENTERPRISE (SBE) PROMPT PAYMENT PROGRAM 19
1.31 NOTIFICATION TO COUNTY OF PENDING ACQUISITIONS/MERGERS BY
PROPOSING COMPANy 19
1.32 TRANSITIONAL JOB OPPORTUNITIES PREFERENCE PROGRAM 19
TABLE OF CONTENTS
Section
ATTACHMENTS
Attachment A: Sample Contract
Attachment B: Statement of Work
Attachment C: Technical Exhibits
Attachment D: Transmittal Form to Request a Solicitation Requirements Review
EXHIBITS
Exhibit 1: Work Order
Exhibit 2: County of Los Angeles Policy on Doing Business with Small Business
Exhibit 3: Listing of Contractors Debarred in Los Angeles County
Exhibit 4: Jury Service Ordinance
Exhibit 5: IRS Notice 1015
Exhibit 6: Safely Surrendered Baby Law
Exhibit 7: Determination of Contractor Non-Responsibility and Contractor Debarment
FORMS
P-1 : Offer to Perform
P-2: Proposer's Organization Questionnaire/Affidavit
P-3: Work Plan
P-4: Quality Control Plan
P-5: Business and Financial Summary
P-6: Proposer's EEO Certification
P-7: Contractor Employee Jury Service Program Certification Form and Application for
Exemption
P-8: Certification of No Conflict of Interest
P-9: Attestation of Willingness to Consider GAIN/GROW Participants
P-10: Familiarity with the County Lobbyist Ordinance Certification
P-11: Certification of Independent Price Determination & Acknowledgement of RFP
Restrictions
P-12: Request for Local SBE Preference Program Consideration and CBE Firm/Organization
Information Form
P-13: Transitional Job Opportunities Preference Application
P-14: Contractor's Administration
1.0 INTRODUCTION
The Los Angeles County Department of Beaches and Harbors (Department) is
seeking one or more qualified and experienced firms to provide as-needed urban
planning and design consulting services. Qualified firms may submit a written
Proposal for a contract to provide such services. Proposals must be in the form
described in this Request for Proposals (RFP). Selection of a contractor will be
based on the qualifications of the firms submitting Proposals.
The Marina del Rey Small Craft Harbor is a public boat harbor that is owned by
the County of Los Angeles. It includes the unincorporated waterfront and
surrounding land area between the communities of Venice to the north and Playa
del Rey to the south. While the County has retained ownership and control over
the Marina's public beach, parks, roads, parking lots, boat storage yard, directory
signs, public library, and administration buildings, it has leased substantial
portions of the Marina to private entities. The County-owned, unincorporated
area contains approximately 5,445 apartment rental units, 600 luxury
condominiums, 1 million square feet of retail, office and restaurant development,
six hotels and approximately 5,246 boat slips in 23 anchorages and marinas.
The Department also operates 19 beaches for the County. All persons interested
in submitting a Proposal may conduct their own inspection of public areas in
Marina del Rey and County-operated beaches.
In 1997, the Los Angeles County Board of Supervisors approved the Marina del
Rey Asset Management Strategy (AMS), a redevelopment concept that
incorporates vision elements such as: a powerful sense of place; accessible
waterfront; multi modal transportation; pedestrian-friendly circulation; a mix of
uses; outstanding, creative residential developments; and stimulation to refurbish
existing development. Copies of the Asset Management Strategy document will
be made available to those attending the pre-proposal meeting and to others who
request it.
The AMS is the first significant redevelopment effort since the Marina's
construction four decades ago. Over the next decade, the County is poised to
sponsor a variety of public improvements that relate to the Marina's built
environment. Public improvements will be specified in cooperation with
Department's staff, the Marina del Rey Design Control Board (DCB) and the
Small Craft Harbor Commission (SCHC), and will be implemented in conjunction
with the Marina's current redevelopment effort.
1.2 DEFINITIONS
The following words shall be construed to have the following meanings, unless
otherwise apparent from the context in which they are used.
Asset Management Strategy - The Marina del Rey redevelopment plan
County.
Supervisors.
Contract Year - The twelve-month period commencing on the effective date of the
Contract and each succeeding twelve-month period over the remaining term of the
Supervisors with authority to review and approve architectural design and plans
RFP.
submits a Proposal.
Request for Proposals (RFP) - All parts of this document, including its
No oral amendments of the RFP are authorized and only the Director of the
Department has the right to amend the RFP by written addendum. The
Department is responsible only for that which is expressly stated in the
solicitation document and any authorized written addenda thereto. Such
addendum shall be made available to each person or organization which the
Department records indicate has received this RFP. Should such addendum
require additional information not previously requested, failure to address the
requirements of such addendum may result in the Proposal not being
considered, as determined in the sole discretion of the Department. The County
is not responsible for and shall not be bound by any representations otherwise
made by any individual acting or purporting to act on its behalf.
upon all parties. Should any Proposer rely on any uncertain or ambiguous
provision of the RFP without referring the matter for resolution to the Director, the
Proposer does so at his or her own risk.
The Contract term shall be for a period of three years with two one-year renewal
options. Renewal options shall be exercised at the sole discretion of the
Director. The Contract shall become effective on April 17, 2009, or upon
approval by the Board of Supervisors.
The maximum sum the County will spend for urban planning and design
consulting services during any Contract year is $240,000. If additional work is
required, the Director may increase the maximum annual sum of any Contract
year to $288,000. The hourly rates as submitted by each Proposer on Form P-1
for this RFP shall remain in effect during the term of the Contract.
The award of work for this Contract is on an as-needed basis only. Work on this
Contract shall not commence unless authorized by the Director through the
issuance of a Work Order (Exhibit 1). The selection of a Contractor to whom a
Work Order is issued shall be at the sole discretion of the Director. Neither the
recommendation by the Department of a Contractor to perform as-needed
services, nor the approval of a Contract by the Board of Supervisors with such
Contractor, entitles any Contractor to compensation or any specific work
assignment.
All contact regarding this RFP or any matter relating thereto must be in writing
and may be mailed, e-mailed or faxed as follows:
Nicolette Taylor, Contracts Analyst
Prior to a contract award, all potential Contractors must register in the County's
WebVen. The WebVen contains the Vendor's business profile and identifies the
goods/services the business provides. Registration can be accomplished online
via the Internet by accessing the County's home page at
http://lacounty.info/doingbusiness/maindb.htm. There are underscores in the
address between the words 'doing business' and 'main db'.
The County may, at its sole discretion, reject any or all proposals submitted in
response to this RFP. The County shall not be liable for any costs incurred by
the Proposer in connection with the preparation and submission of any proposal.
The County reserves the right to waive inconsequential disparities in a submitted
proposal.
Any actual or prospective Proposer may file a protest in connection with the
solicitation or award of a Board-approved service contract. It is generally accepted
that the Proposer challenging the decision of a County department bears the
burden of proof in its claim that the Department committed a sufficiently material
error in the solicitation process to justify invalidation of a proposed award.
Throughout the review process, the Department has no obligation to delay or
otherwise postpone an award of contract based on a Bidder protest. In all cases,
the Department reserves the right to make an award when it is determined to be in
the best interest of the County of Los Angeles to do so.
Responses to this RFP shall become the exclusive property of the County. At
such time as the Department recommends Proposer(s) to the Board of
Supervisors (Board) and such recommendation appears on the Board agenda,
all such proposals submitted in response to this RFP become a matter of public
record, with the exception of those parts of each proposal which are defined by
1.18.5 If a Proposer has been debarred for a period longer than five (5) years,
that Proposer may, after the debarment has been in effect for at least
five (5) years, submit a written request for review of the debarment
determination to reduce the period of debarment or terminate the
debarment. The County may, in its discretion, reduce the period of
debarment or terminate the debarment if it finds that the Proposer has
adequately demonstrated one or more of the following: (1) elimination of
the grounds for which the debarment was imposed; (2) a bona fide
change in ownership or management; (3) material evidence discovered
after debarment was imposed; or (4) any other reason that is in the best
interests of the County.
1.18.6 The Contractor Hearing Board will consider requests for review of a
debarment determination only where (1) the Proposer has been
debarred for a period longer than five (5) years; (2) the debarment has
been in effect for at least five (5) years; and (3) the request is in writing,
states one or more of the grounds for reduction of the debarment period
or termination of the debarment, and includes supporting documentation.
Upon receiving an appropriate request, the Contractor Hearing Board
will provide notice of the hearing on the request. At the hearing, the
Contractor Hearing Board shall conduct a hearing where evidence on
the proposed reduction of debarment period or termination of debarment
is presented. This hearing shall be conducted and the request for review
decided by the Contractor Hearing Board pursuant to the same
procedures as for a debarment hearing.
1.18.7 The Contractor Hearing Board's proposed decision shall contain a
recommendation on the request to reduce the period of debarment or
terminate the debarment. The Contractor Hearing Board shall present
its proposed decision and recommendation to the Board of Supervisors.
The Board of Supervisors shall have the right to modify, deny, or adopt
the proposed decision and recommendation of the Contractor Hearing
Board.
1.18.8 These terms shall also apply to proposed subcontractors of Proposers
on County contracts.
Proposers shall: 1) fully comply with all applicable State and Federal reporting
requirements relating to employment reporting for its employees; and 2) comply
with all lawfully served Wage and Earnings Assignment Orders and Notice of
Assignment and continue to maintain compliance during the term of any contract
that may be awarded pursuant to this solicitation. Failure to comply may be
cause for termination of a contract or initiation of debarment proceedings against
the non-compliant Contractor (County Code Chapter 2.202).
1.20 GRATUITIES
1.20.1 Attempt to Secure Favorable Treatment
It is improper for any County officer, employee or agent to solicit
consideration, in any form, from a Proposer with the implication,
suggestion or statement that the Proposer's provision of the
consideration may secure more favorable treatment for the Proposer in
the award of the Contract or that the Proposer's failure to provide such
consideration may negatively affect the County's consideration of the
Proposer's submission. A Proposer shall not offer or give either
directly or through an intermediary, consideration, in any form, to a
County officer, employee or agent for the purpose of securing
favorable treatment with respect to the award of the Contract.
1.20.2 Proposer Notification to County
After contract award, the County or its agent will evaluate the Contractor's
performance under the contract on a periodic basis. Such elevation will include
assessing Contractor's compliance with all terms in the Contract and
performance standards identified in the Statement of Work. Contractor's
deficiencies which the County determines are severe or continuing and that may
jeopardize performance of the Contract will be reported to the County's Board of
Supervisors. The report will include improvement does not occur consistent with
the corrective action measures, the County may terminate the Contract in whole
or in part, or impose other penalties as specified in the Contract.
The Jury Service Program requires Contractors and their Subcontractors to have
and adhere to a written policy that provides that its employees shall receive
from the Contractor, on an annual basis, no less than five days of regular pay for
actual jury service. The policy may provide that employees deposit any fees
received for such jury service with the Contractor or that the Contractor deduct
from the employee's regular pay the fees received for jury service. For purposes
of the Jury Service Program, "employee" means any California resident who is a
full-time employee of a Contractor and "full-time" means 40 hours or more
worked per week, or a lesser number of hours if: 1) the lesser number is a
recognized industry standard as determined by the County, or 2) the Contractor
has a long-standing practice that defines the lesser number of hours as full-time.
Therefore, the Jury Service Program applies to all of a Contractor's full-time
California employees, even those not working specifically on the County project.
Full-time employees providing short-term, temporary services of 90 days or less
within a 12-month period are not considered full-time for purposes of the Jury
Service Program.
There are two ways in which a Contractor might not be subject to the Jury
Service Program. The first is if the Contractor does not fall within the Jury
Service Program's definition of "Contractor". The Jury Service Program defines
"Contractor" to mean a person, partnership, corporation of other entity which has
a contract with the County or a Subcontract with a County Contractor and has
received or will receive an aggregate sum of $50,000 or more in any 12-month
period under one or more County contracts or subcontracts.
The second is if the Contractor meets one of the two exceptions to the Jury
Service Program. The first exception concerns small businesses and applies to
Contractors that have 1) ten or fewer employees; and, 2) annual gross revenues
in the preceding twelve months which, if added to the annual amount of this
Contract is less than $500,000, and, 3) is not an "affiliate or subsidiary of a
business dominant in its field of operation". The second exception applies to
Contractors that possess a collective bargaining agreement that expressly
supersedes the provisions of the Jury Service Program. The Contractor is
subject to any provision of the Jury Service Program not expressly superseded
by the collective bargaining agreement.
If a Contractor does not fall within the Jury Service Program's definition of
"Contractor" or if it meets any of the exceptions to the Jury Service Program,
then the Contractor must so indicate in the Certification Form and Application for
Exception, Form P-7, and include with its submission all necessary
documentation to support the claim such as tax returns or a collective
bargaining agreement, if applicable. Upon reviewing the Contractor's
application, the County will determine, in its sole discretion, whether the
Contractor falls within the definition of Contractor or meets any of the
exceptions to the Jury Service Program. The County's decision will be final.
To apply for certification as a Local SBE, businesses may register at the Office
of Affirmative Action Compliance's web-site at:
http://oaac.co.la.ca.us/contract/sbemain.html
Certified Local SBEs must request the SBE Preference in their solicitation
responses and may not request the preference unless the certification process
has been completed and certification affirmed. Businesses must attach the
Local SBE Certification Letter to the Required Form - Request for Local SBE
Preference Program Consideration and CBE Firm/Organization Information
Form, Form P-12 with their proposal. Sanctions and financial penalties may
apply to a business that knowingly, and with intent to defraud, seeks to obtain or
maintain certification as a certified Local SBE.
The existence of reasonable grounds for belief that the Proposer is interested in
more than one Proposal may cause the rejection of all such Proposals. If there
are reasonable grounds for believing that collusion exists among Proposers, -
their Proposals may be disqualified from consideration.
modify the terms of the RFP and shall not become part of any resulting Contract
unless they are expressly identified and assented to by the County in the written
Contract. Proposals which contain terms, conditions or limitations unacceptable
to the County may, at the sole discretion of the County, be rejected.
County reserves the right to group similar questions when providing answers. The
Department will be unable to respond to questions received after February 12,
2009.
Questions should be addressed to:
Los Angeles Department of Beaches and Harbors
Administrative Services Division - Attn: Nicolette Taylor, Contracts
Analyst
13837 Fiji Way
Marina del Rey, CA 90292
Fax: (310) 821-8155
Email: NTaylor@bh.lacounty.gov
Proposals shall be developed according to the guidelines set forth in this Section.
The Proposals must be specific and complete in every detail. Failure of a
Proposal to conform to these requirements may result in its rejection.
The Proposal must include the following:
1. Offer to Perform
Complete and sign the Offer to Perform (Form P-1). Failure to submit hourly
rates on Form P-1 may be grounds for rejection of the Proposal. The hourly
rates shall provide full compensation to the Contractor(s) for services
required for the performance of the Contract(s). The Offer to Perform must:
(1) state whether the Proposer is an individual proprietor, partnership, joint
venture, corporation, limited liability company or other form of entity; (2)
identify persons authorized to accept service of legal process in
California; and (3) identify the name, title, address and telephone number
of each person who is authorized to bind the Proposer to performance of
the Contract work.
The Offer to Perform shall be signed as follows:
• If an individual or sole proprietor, by the individual owner.
• If a corporation, by two authorized officers. If a partnership, by an
authorized general partner.
• If a joint venture, by all joint venturers.
• If a limited liability company, by the managing member or other
person(s) specifically authorized by the operating agreement.
2. Proposer's Organization Questionnaire/Affidavit
The Proposer shall complete, sign and date the Proposer's Organization
Questionnaire/Affidavit (Form P-2). The person signing the form must
be authorized to sign on behalf of the Proposer and to bind the
applicant in a Contract.
3. Work Plan
Submit a work plan (Form P-3) consistent with the Contract work
describing:
• How the Proposer will perform the Contract work. A narrative
discussion of the Proposer's approach to various kinds of assignments
and County requirements;
• Proposer's ability and resources to provide the kinds of consulting
services described in Attachment B, Statement of Work;
• How the experience of Proposer's staff is specifically related to the
services described in Attachment B, Statement of Work;
• What level of staff the Proposer would assign to provide the various
kinds of services listed in Attachment B, Statement of Work;
• Proposer's ability to support the Department before the Board of
Supervisors, Small Craft Harbor Commission, Design Control Board,
Regional Planning Commission, California Coastal Commission, and
other bodies;
• Proposer's design approach and philosophy, including:
1. Benefits of approach to be taken
2. Value to be provided to the Department
3. Ability to produce high quality graphics for the Department
• Proposer's ability to furnish all necessary professional and technical
graphic design services, prepare preliminary design development
drawings, final construction and fabrication drawings, prepare bid
documents, scheduling and cost estimates and provide construction
management services;
• Proposer's quality control plan describing the Proposer's procedures for
ensuring compliance with the Contract terms and conditions and
identifying and preventing unsatisfactory performance of the Contract
work, including:
• A plan for reviewing the work of Proposer and Proposer's employees
and ensuring its accuracy and compliance with professional standards;
• A plan for ensuring that interim deadlines, if any, and delivery dates
are met;
• The methods for identifying and preventing unsatisfactory
performance of the Contract work; and
• Documentation methods of all monitoring results, including any
corrective action taken.
• Resumes of the firm principal(s), proposed Contractor's Representative
(as that position is defined in Attachment B, Statement of Work) and
other key individuals on Proposer's staff, stating their professional
training and specific related experience in the last five years
4. Quality Control Plan
Completed and signed Quality Control Plan (Form P-4). Failure to submit
or fully complete Form P-4 may be grounds for rejection of the Proposal.
5. Business and Financial Summary
Complete and sign Business and Financial Summary (Form P-5). False
statements may be cause for disqualification or debarment. The
submission of financial statements and client credit references shall
constitute permission by the Proposer for the Department to check, verify,
and have certified all information contained in such statements. The
following information must be attached:
• Identification of previous assignments which are similar in scope and
purpose to the urban planning and design consulting services that will
be required under the Contract. A summary description of the
experience your firm has had in the formulation of design packages and
in the provision of consulting services for major marinas as described
on Form P-3, No.5.
• Description of the organization's size and structure;
• Listing of references from at least five contracts currently being
performed or which have been completed in the last three years.
References from jobs most similar to the scope of the Contract work
will be given the most weight. Furnish the following information for
each reference:
• Date contract or service began and ended;
• Name, address and the telephone number of client;
• Description of services provided.
• Listing of a minimum of three (3) credit or financial references, giving
names, addresses and telephone numbers;
• Provision of a letter of commitment, binder or certificate of current
insurance coverage from an insurance company setting forth coverage
meeting the limits and other requirements of Attachment A, Sample
Contract, Section 2.24.
• Statement of whether the Proposer, any staff member, or
Subcontractor named in the Proposer's work plan has been the subject
of a disciplinary action by the California Architects Board, and briefly
state the nature of the complaint or violation and the results of the
disciplinary proceeding.
6. Proposer's EEO Certification
The Proposer shall complete and sign the Proposer's Certification (Form P-
6) and submit it as part of the Proposal. Failure to submit Form P-6 may be
grounds for disqualification.
7. Contractor Employee Jury Service Program Certification Form and
Application for Exception.
Proposer shall complete and sign the Contractor Employee Jury Service
Program Certification Form and Application for Exception (Form P-7).
Failure to submit or fully complete Form P-7 may be grounds for
disqualification.
8. Certification of No Conflict of Interest
Proposer shall complete and sign the Certification of No Conflict of Interest
form (Form P-8). Failure to submit or fully complete Form P-8 may be
grounds for disqualification.
The County reserves the sole right to judge the contents of the Proposals
submitted pursuant to this RFP and to review, evaluate and select the successful
proposal(s). The selection process will begin with receipt of the proposal on
February 23, 2009.
perform on schedule and any other matter that may reasonably relate to the
Proposer's qualifications to perform the Contract work. In the County's sole
discretion, the failure of a Proposer to promptly respond to any such inquiry may
be deemed grounds for rejection of the Proposal.
• Evidence of insurability
If the Proposer is not satisfied with the results of the debriefing, it may,
within five (5) business days of the debriefing, request a review on the
grounds and in the manner set forth below for review of the department's
recommendation for contract award.
Selection Review if they assert that their proposal should have been
determined to be the highest-scored proposal because of one of the
following reasons:
Upon completion of the Panel's Review, the Panel will forward its report to
the department, which will provide a copy to the Proposer.