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Resolution No. 6699 > .' 1 RESOLUTION NO. 6699 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF VERNON AND MEYER, MOHADDES ASSOCIATES FOR CONSULTANT SERVICES FOR PROJECT STUDY REPORT FOR ATLANTIC/BANDINI BOULEVARD/I-710 INTERCHANGE IMPROVEMENTS 4 5 6 7 WHEREAS, the City of Vernon initiated a study of a proposed modification of the 1-710 Interchange at Atlantic 8 9 Boulevard and Bandini Boulevard as a means of improving traffic 10 11 12 13 14 15 16 17 circulation at this major intersection and benefiting industrial traffic leaving the Cities of Bell, Commerce and Vernon; and WHEREAS, the City of Vernon, in cooperation with the City of Bell, sought funding for the reconfiguration of the Long Beach Freeway (1-710) at the Atlantic Boulevard and Bandini Boulevard Interchange from CALTRANS and MTA; and WHEREAS, the City of Vernon needs and requires the services of a qualified engineering consultant to provide services 18 in connection with a Project Study Report for Atlantic/Bandini/I- 710 Interchange Improvements as CALTRANS and MTA have indicated that in order to obtain funding for this improvement a Project 19 20 21 Study Report needs to be completed; and WHEREAS, Meyer, Mohaddes Associates, Inc. are qualified and willing to perform services required in connection with the 22 23 24 Project Study Report. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: 27 28 SECTION 1: The City Council of the City of Vernon does - 1 hereby find and determine that the recitals contained hereinabove 2 are true and correct. 3 SECTION 2: The City Council of the City of Vernon hereby 4 approves the Agreement Between City of Vernon and Meyer, Mohaddes Associates for Consultant Services for project Study Report for 5 6 Atlantic/Bandini/I-710 Interchange Improvements, a copy of which 7 has been presented to the City Council concurrently with this resolution, and the City Council hereby orders said Agreement to 8 9 be received and filed by the city Clerk. SECTION 3: The city Council of the City of Vernon hereby authorizes the Mayor and the City Clerk to execute said Agreement for, and on behalf of, the City of Vernon. 10 11 12 13 SECTION 4: The City Clerk of the City of Vernon shall 14 certify to the passage of this resolution and thereupon and 15 thereafter the same shall be in full force and effect. 16 17 18 APPROVED AND ADOPTED this 17th day of October, 1995. c:::" " .' ~~~~' .-- / LEONIS C. MA URG, Ma or /~/V1 ~ MALKENHORST, City Clerk 19 ATTEST: ~ 20 21 BRUCE V. 22 23 24 25 26 27 28 -2- .",. ,'" ~ . ,;. 1 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) 2 3 4 I, BRUCE V. MALKENHORST, City Clerk of the City of 5 Vernon, do hereby certify that the foregoing Resolution, being 6 Resolution No. 6699, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, October 17. 1995, and thereafter was duly signed by 7 8 9 the Mayor of the City of Vernon. /- /h1/~ BRUCE V. MALKENHORST, City Clerk 10 11 12 13 14 (SEAL) 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- SUPPORTING DOCUMENTS ~... ~ AGREEMENT BETWEEN CITY OF VERNON AND MEYER, MOHADDES ASSOCIATES FOR CONSULTANT SERVICES FOR PROJECf STUDY REPORr FOR ATLANTIC/BANDINI/I-710 INTERCHANGE Il\fPROVEMENTS THIS AGREEMENT, made and entered into this 16th day of October, 1995, by and between City of Vernon and Meyer, Mohaddes Associates, Inc., a California Corporation having a place of business at 900 Wilshire Boulevard, Suite 1200, Los Angeles, CA 90017 hereinafter referred to as "CONSULTANT. " I RECITALS WHEREAS, City of Vernon needs and requires the services of a qualified engineering consultant to provide transportation/civil engineering in connection with the Project Study Report for ~t1anticlBandini/I-71 0 Interchange Improvements, and WHEREAS, CONSULTANT is qualified and is willing to perform services required, NOW, THEREFORE, City of Vernon and CONSULTANT agree as follows: II SCOPE OF SERVICES CONSULTANT shall render the professional services described in Exhibit A, Scope of Services, which by this reference is incorporated and made a part of this Agreement. III COMPENSATION AND METHOD OF PAYMENT In consideration for the professional services set forth in Exhibit A, the CONSULTANT shall be compensated on a time-and-materials basis with an upper limit of $50,485 through Thsk 5 and a range of costs of $7,400 to $12,650 for Task 6 (hereinafter referred to as "CONTRACf CEILING"), except to the extent said amount is increased by written amendment to this contract. When it has been established that there has been or is to be a change in: 1 .. A. Scope, complexity or character of the services to be performed: B. Conditions under which the work is required to be performed; or C. Duration of work from the time period specified in the Agreement for Completion of the work. the contract ceiling will be increased or decreased where such change causes a change in the cost of performing the services. Said cost shall be calculated in accordance with the rates set forth in Exhibit B, Fee Schedule, which by this reference is incorporated and made a part of this Agreement. CONSULTANT shall submit invoices every four (4)' weeks based upon the percent of work completed. City of Vernon shall pay the CONSULTANT within thirty (30) days of receipt of invoices for said services in accordance with the provisions of this Article III. Invoi~ outstanding over thirty (30) days will be assessed a two and one-half percent (21h %). servi~ charge, not to exceed the maximum allowable by law, for each thirty (30) days outstanding beyond the initial payment period. Service charges are not included in the Contract Ceiling set forth in this Article ffi. IV MATERIALS TO BE PROVIDED BY CITY OF VERNON City of Vernon shall furnish CONSULTANT with the following: · Traffic counts · As-built plans of City streets · CAD files of City's interchange alternatives · Aerial photos · Interface with the City of Bell V TERM The services of CONSULTANT will commence when City of Vernon has authorized work to start by the issuance of a Notice to Proceed. CONSULTANT shall provide the services set forth in Exhibit A in accordance with the schedule set forth in Exhibit C which by this reference is incorporated and made a part of this Agreement. 2 VI CONTRACT EXTENSION If the work is delayed at any time by reason of a suspension order by City of Vernon or because of any other act of City of Vernon, or because of neglect by City of Vernon, or if the work should be delayed at any time by reasons of strikes, acts of God, the public enemy. fire, floods, epidemics. quarantine restrictions. freight embargoes. abnormal force. violence of the elements. or for any other cause beyond the control of the CONSULTANT, then the CONSULTANT shall be entitled to an extension of time equivalent to the time actually lost by such delay. VII CONTRACT TERMINATION City of Vernon may terminate this Agreement at any time by giVIng written notice to CONSULTANT prior to such termination and specifying the effective date thereof. Should City of Vernon . fail to comply with its obligations under this Agreement, Consultant may terminate this agreement by giving written notice thereof thirty (30) days prior to such termination. If this Agreement is terminated as provided herein, CONSULTANT will be paid for all services performed up to the effective day of termination in accordance with Article III-Compensation and Method of Payment. VIII RELATIONSHIP OF PARTIES CONSULTANT and its employees are acting as independent contractors, and not as employees of City of Vernon. In the performance of professional services pursuant to the provisions of this Agreement, CONSULTANT shall not be supervised, directed, or under the control or authority of any City of Vernon officer or employee. except and to the extent as may be expressly or implicitly required by the terms and provisions of this Agreement. IX CHANGES Should City of Vernon require changes in the scope of the services of CONSULTANT to be performed hereunder, such changes, including any corresponding increase or decrease in the amount of CONSULTANT'S compensation, which shall be mutually agreed upon by City of Vernon and CONSULTANT, shall be incorporated in this Agreement by written amendments thereto. 3 x NOfICES Any notices required to be given hereunder shall be in writing and shall.be personally served or given by maiL Any notice given by mail shall be deemed given when deposited in the United States Mail~ certified and postage prepaid, addressed to the party to be served as follows: TO CLIENT: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attn: Bruce V. Malkenhorst City Administratror/City Clerk TO CONSULTANT: Meyer, Mohaddes Associates 900 Wilshire Boulevard, Suite 1200 Los Angeles, CA 90017 Attn: Michael P. Meyer XI INSURANCE AND INDEMNITY During the course of this Agreement, CONSULTANT shall maintain the following insurance coverage: Commercial General Liability in the amount of $1 million per occurrence and in the aggregate. Automobile Liability in the amount of $1 million per occurrence and in the aggregate. Worker's Compensation and Employers Liability as required by the laws of the State of California. Professional Liability in the amount of $1 million per claim and in the aggregate. CONSULTANT agrees to indemnify and hold harmless City of Vernon, its officers, agents and employees from and against liability, expenses and claims for damages caused by bodily injury, death, personal injury or property damage, arising from CONSULTANT'S negligent acts, errors or omissions in connection with the performance of its services pursuant to this Agreement. 4 The City of Vernon agrees to limit Meyer, Mohaddes Associates' liability to the City of Vernon and to all construction contractors and subcontractors on the project, due to MMA's negligent acts, errors or omissions, such that the total aggregate liability of MMA to all those named shall not exceed $1 million or MMA's total fee for services rendered on this project, whichever is greater. XII AGREEMENT BINDING/ENTIRE AGREEMENT City of Vernon and CONSULTANT each binds itself, its partners, successors and assignees to this Agreement. This Agreement represents the entire agreement between City of Vernon and CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by, both City of Vernon and CONSULTANT. In the event any provision of this Agreement shall be held to be invalid and unenforceable, the other provisions of this Agreement shall be valid and binding on the parties hereto. //)... <7/- 5(;- Date L-- CITY OF VERNON ~~~. By: EONIS C. MALB RG, Mayor By: Principal AITEST~ _ ~p~ By: BRUCE V. MALKENHORST, City Administrator/City Clerk APPROVED AS TO FORM: ~\\.\\~/ , By: DAVID B. BREARLEY, City Attorney Attachments : Exhibit A: Scope of Services Exhibit B: Fee Schedule Exhibit C: Project Schedule F:\USERS\95\P95-151 \VERNON .AGR 5 EXHIBIT A ,', EXIllBIT A PROJECfSTUDY REPORT .FOR ATLANTICIBANDINI/I-710 INTERCHANGE IMPROVEMENTS. Scope of Services Meyer, Mohaddes Associates, Inc. will prepare oa Project Study Report for improvements to ramps at the AtlanticlBandinilI-71O interchange according to Caltrans guidelines. The following tasks outline the Scope of Services. Task 1. Existing Conditions and Objectives A. Definition of Study Area and Issues B. Meetings with Caltrans, City of Vernon and City Of Bell C. Existing Traffic and Geometric Conditions D. Needs and Objectives E, Future Traffic Conditions Task 2. Alternatives Analysis MMA will prepare up to six sketch concept' plans for the study. These alternatives would include the existing concepts developed by the City. However, detailed concept plans will be prepared as follows: A. Southbound 1-710 Off-ramp at Bandini: · No Project · Ramp Alternative A · Ramp Alternative B B. Northbound 1-710 On-ramp at Bandini: · No Project · Ramp Alternative A · Ramp Alternative B The order-of-magnitude cost estimates will be prepared for the preferred alternatives. Task 3. Prepare Implementation Phasing Plan for Preferred Alternatives to Discuss Traffic issueS During the Implementation of the Project 6. Task 4. Prepare Draft PSR Report Including Activities Outlined above Task 5. Evaluate the Need for the Type of Environmental Document Necessary for this Project Task 6. Prepare the Final PSR Report · Revisions to Draft PSR · Safety Review · Initial Study Environmental Document · Exceptions from Design Standards · Cooperative Agreements 7 EXHIBIT B . . EXHIBIT B Fee Schedule MMA will preform Tasks 1 through 5 (up to and including Draft PSR Report) of the scope of work as described in Exhibit A for a total amount of $50,485, derived from the following table. The budget for Thsk 6 is estimated to fall within the range of $7,400 to $12,650, depending upon the alternative selected and' level of controversy associated with the recommended alternative, :::i::I:::::::::i:Ii::i~i:Ii::i::i:If:i:::::!W9J~~::~~::::~:iii:i:i!W9J~':: :::~~~mu::t::::Miiigit1:H:~~~E#mij~$ ::f::::::::$las:I::m::rrm:f$USmfI: Im::ff$$ij...... .:.:.:.:.:.:.:.:.:.:.:.:.;.:.:.:.;.:.:.:.:.:.:...... :.:.:.:.::...................-................ ....:.:.:.....:...:.:.:.....-........... .::~$~pP9.a.:::I :.:<...:.:.:..:<.:::.:.......,:.....~~~".:'.: 1. Existing Conditions 20 35 40 15 2. Alternathes Analysis 40 80 80 40 3. Implementation Plan 10 15 15 10 4, Draft PSR 10 15 20 15 5. Identify Environmental 2 8 4 2 Documentation 6. Final PSR I 10- 20- 40- 10 20 40 60 110 10,750 240 23,200 50 4,825 60 5,500 16 1,620 80- 130 10tal Labor (Thsks 1-5) 82 153 159 82 476 Other Direct Costs .1 TOTAL (TASKS 1-5) .. J Roollevel of effort to be detennined through future contract amendment, 7,400- 12,650 45,895 4,590 I 50,485 8 EXHIBIT C .... ..f EXHIBIT C Project Schedule · Submit Draft Project Study Report to City of Vernon by December 18, 1995. · Submit Final Project Study Report within four weeks from receipt of Caltrans' comments on Draft PSR. 9