Resolution No. 6331
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RESOLUTION NO. 6331
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION
OF AN AGREEMENT FOR PROFESSIONAL SERVICES (CITY
OFFICES ADDITION) BY AND BETWEEN BOYLE
ENGINEERING CORPORATION AND THE CITY OF VERNON
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WHEREAS, a building housing certain offices and parking
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adjacent to the city Hall is required to accommodate various
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changes in personnel; and
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WHEREAS, Boyle Engineering Corporation has submitted a
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proposal for an Agreement for Professional Services (City Offices
Addition) to perform the Programming Phase as described in Exhibit
A to said Agreement for the lump sum of Twenty-eight Thousand Two
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Hundred Thirty-two Dollars and No Cents ($28,232.00); and
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WHEREAS, the Finance Committee of the City of Vernon on
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May 17, 1993 approved the recommendation by victor H. Vaits,
Director of Community Services, and the estimate for the services
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by Boyle Engineering Corporation to perform the Programming Phase
of the City offices addition; and
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WHEREAS, the professional services to be provided by
Boyle Engineering Corporation are unique, and its expertise will
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provide special services which will not be satisfied by the formal
contract procedure set forth in Vernon city Code section 2.28.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
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CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon hereby
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finds and determines that the recitals contained hereinabove are
true and correct.
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SECTION 2: The city Council of the City of Vernon hereby
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waives the formal contract procedure with regard to the
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professional services being offered.
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SECTION 3: The city Council of the city of Vernon
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approves the Professional Services Agreement (City Offices
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Addition), a copy of which has been presented to the City Council
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concurrently with this resolution, and the city Council hereby
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orders said Agreement to be received and filed by the City Clerk.
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SECTION 4: The City Council of the City of Vernon hereby
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authorizes the Mayor and the City Clerk to execute said Agreement
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for, and on behalf of, the City of Vernon.
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SECTION 5: The City Clerk of the city of Vernon shall
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certify to the passage of this resolution, and thereupon and
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thereafter the same shall be in full force and effect.
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APPROVED AND ADOPTED this 5th day of October, 1993.
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tti.~.a JdJ.~~Yor Pro Tern
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ATTEST:
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20 BRUCE V,
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STATE OF CALIFORNIA }
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COUNTY OF LOS ANGELES }
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I, BRUCE V. MALKENHORST, City Clerk of the City of
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Resolution No. 6331, was duly adopted by the City Council of the
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City of Vernon at a regular meeting of the city Council duly held
on Tuesday, October 5, 1993, and thereafter was duly signed by the
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8 Mayor Pro Tem of the City of Vernon.
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BRUCE V.
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MALKENHORST, City Clerk
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AGREEMENT FOR PROFESSIONAL SERVICES
(CITY OFFICES ADDITION)
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C .' T~IS AGREEMENT is made
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and entered into this ,~I:f-; day of
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BY AND BETWEEN
CITY OF VERNON, a municipal
corporation (hereinafter
referred to as "CITY")
4305 Santa Fe Avenue
Vernon, CA 90058-0805
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AND
BOYLE ENGINEERING CORPORATION, a
California corporation (herein-
after referred to as
"CONSULTANT")
1501 Quail street
P. O. Box 3030
"Newport Beach, CA 92658-9020
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RECITALS:
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WHEREAS,
the CITY is in need of additional parking and
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WHEREAS, CONSULTANT is qualified to provide the services
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l7 set forth hereinafter for the city offices addition, hereinafter
l8 called "Project;" and
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WHEREAS,
the
CITY
engages
CONSULTANT
to
perform
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NOW, THEREFORE, IN CONSIDERATION OF MUTUAL COVENANTS,
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SECTION 1. CONSULTANT SERVICES.
CONSULTANT agrees to
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A. The
initial
assignment
for
the
project
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B. The scope of services
considered by the CITY when
for any subsequent phases
the Programming Phase is
will
be
completed.
C. Services for subsequent phases, if any, will be
authorized by a mutually agreed amendment to this Agreement to be
executed by both parties.
SECTION 2. TIME OF SERVICES. The period ln which services
are to be rendered:
A. The initial assignment will be completed ln
approximately 4.5 months from CONSULTANT's receipt of CITY's notice
to proceed.
B. The timing for subsequent phases will be as
considered at the completion of the programming Phase, and as set
forth in amendments to this Agreement.
SECTION 3. CITY'S RESPONSIBILITIES. CITY's responsibility
shall be as set forth in Exhibit A.
SECTION 4. COMPENSATION. CITY agrees to pay CONSULTANT as
compensation for its services for the Programming Phase, a lump sum
of Twenty-eight Thousand Two Hundred Thirty-two Dollars and No Cents
($28,232.00). Compensation for subsequent phases, if any, will be
negotiated at the completion of the programming Phase, and as set
forth in amendments to this Agreement.
In the event all or any portion of the work prepared or
partially prepared by CONSULTANT lS suspended, abandoned, or
terminated, the CITY shall pay CONSULTANT for the work performed on
an hourly basis, not to exceed any maximum contract amount specified
herein.
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SECTION 5.
INDEMNIFICATION BY CONSULTANT.
CONSULTANT
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shall indemnify and hold CITY harmless against any and all losses,
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damages (including compensatory damages) and expenses (including
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court costs and attorney fees) resulting from or arising out of
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claims, demands, or law suits brought by third parties against CITY
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or CONSULTANT to the extent such claims, demands, or lawsuits result
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from CONSULTANT's negligent performance of the services under this
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Agreement, unless such loss, damage, or expense resulted from the
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SECTION 6.
INSURANCE. CONSULTANT shall provide proof of
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Worker's compensation Insurance l~ the form required by the city
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CONSULTANT shall provide proof of employer's
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l4 coverage in the amounts required by the city Administrator, subject
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l8 to the standard certificate of insurance:
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A. The general liability policy shall contain the
l7 following special endorsements which shall be noted on or attached
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(1) An endorsement naming the city of Vernon, its
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An endorsement providing the city of Vernon
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22 with thirty (30) days notice of cancellation or material reduction
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B.
In addition to the standard certificate of
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certificate of insurance (attached thereto) are true and correct and
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that the signature is by an officer authorized to so certify.
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SECTION 7. INDEPENDENT CONSULTANT.
CONSULTANT shall at
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all times be an independent contractor and shall not be considered
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an employee or agent of the CITY.
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Any Notice required or permitted
SECTION 8. NOTICES.
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hereunder shall be given by personal delivery or by first class
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mail, postage prepaid,
To: CONSULTANT
BOYLE ENGINEERING CORPORATION
ATTN: JOHN M. LOWE, JR., P.E.
1501 Quail Street
P. O. Box 3030
Newport Beach, CA 92658-9020
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To: CITY
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city Administrator
city of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058-0805
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SECTION 9.
ASSIGNMENT PROHIBITED.
No party to this
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Agreement may asslgn any right or obligation pursuant to this
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Agreement except with the express written consent of the other
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party.
SECTION 10. MISCELLANEOUS PROVISIONS.
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Fees and all other charges will be billed monthly as
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the work progresses, on the basis of the percentage of work
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The net amount shall be due at the time of billing.
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accomplished.
Interest of one (1) percent per month (but not exceeding the maximum
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rate allowable by law) will be payable on any amounts not paid
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within thirty (30) days of the billing date, payment thereafter to
be applied first to accrued interest and then to the principal
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unpaid amount.
B. CONSULTANT shall be entitled to rely upon the accuracy
of the data and information provided by the CITY without independent
review or evaluation.
C. Any opinion of the construction cost prepared by
CONSULTANT represents his judgment as a design professional and is
supplied for the general guidance of the CITY. Since CONSULTANT has
no control over the cost of labor and material, or over competitive
bidding or market conditions, CONSULTANT does not guarantee the
accuracy of such opinions as compared to contractor bids or actual
cost to the CITY.
D. If litigation is necessary to enforce any term or
provision of this Agreement or to collect any portion of the amount
payable under this Agreement, then all litigation and collection
expenses, witness fees, court costs, and attorneys' fees shall be
paid to the prevailing party.
E. If any provision herein is found or deemed to be
invalid, this Agreement shall be construed as not containing such
provision, and all other provisions which are otherwise lawful shall
remain in full force and effect, and to this end the provisions of
this Agreement are declared to be severable.
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the date and year first above written.
ATTEST:
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By: iFf
BRUCE
By:
CITY OF VERNON
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LEONIS C. LBURG, Mayor
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V. MALKENHORST, city Clerk
APPROVED AS TO FORM:
By: ~~~~~
DAVID B. BREAkL 'Y, city ttorney
BOYLE ENGINEERING CORPORATION
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T~: ,( S:O:rrahr/t,,(~;?;) v~~.:;. En(;'?"/:>~~/-
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EXHIBIT A
CITY OFFICES ADDITION
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EXHIBIT A
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Conduct two reviews of space summary and city
department needs with a city representative.
Publish and provide ten (JO) copies of the "Needs
Assessment and Space summary." The "Needs Assessment"
shall consist of a tabular summary that describes the
square footage requirements within the new building
and the existing city hall.
The summary will list the
city department area requirements and building
efficiency factors which include lobbies, corridors,
mechanical and electrical spaces, stairways, etc. The
"Space Summary" shall consist of detail tabulations
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for each city department describing area requirements.
The Space Summary is the detail work used for the
Needs Assessment tabular summary.
B. CITY Responsibilities:
Complete the questionnaires.
Provide current floor plans with city departments
labeled.
Make city department staff available for sequential
interviewing on same day.
Approve space summary and city department needs prior
to proceeding with preconcepts.
2.3 site Planninq
A. CONTRACTOR Responsibilities:
Prepare three (3) alternative site plan configurations
integrating the new building with the city hall, for
review with city representatives.
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Each site plan configuration will show block and stack
layouts for each alternative. Block and stack layouts
will consist of floor plans showing the city
department layouts as "blocks" of space; the level of
detail is limited to these block areas, internal city
department circulation is not shown.
Prepare one (1) final site plan configuration
incorporating comments from the prior site planning
review meeting.
Provide a white cardboard scale model of both the
existing structure and" proposed addition.
Detail on
the study model will be limited to that necessary to
show how buildings interface.
Model will be
approximately 2' x 2' and will show proposed new
parking.
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B.
CITY Responsibilities:
Review alternative site plan configurations.
Select one plan from the three plans presented for
further development into final site plan
configuration.
2.4 Opinion of Probable Cost bV CONTRACTOR
Prepare a cost model to establish the order of magnitude for
the approved final site plan configuration.
3.0 Future Phases
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Based on the results of the programming phase, the CITY, at
its sole discretion, shall determine whether to proceed with
additional phases, such as design development or construction
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documents and observation, and whether CONTRACTOR's services will
be used for those phases.
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