Resolution No. 6724
~
1
RESOLUTIQN NO. 6724
2
3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY' OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT NO. 1 TO THE AGREEMENT FOR
PROFESSIONAL SERVICES (FIRE STATION NO. 1 -
RENOVATION) BY' AND BETWEEN THE CITY' OF VERNON AND
BCER ARCHITECTS, INC.
4
5
6
7
WHEREAS, the city Council of the City of Vernon by
Resolution No.
1994 approved and
8
6506 adopted on August 30,
authorized the execution of an Agreement for Professional Services
9
("Agreement") for Fire station No. 1 renovation with BCER
10
11
Architects, Inc.; and
12
13
14
15
16
17
18
19
WHEREAS, the original contract amount for the first three
phases specified in the Agreement was Twenty-Five Thousand Dollars
($25,000.00) based on estimated renovation costs of $350,000, but
due to the building's age, the actual costs will be closer to
$550,000; and
WHEREAS, BCER Architects, Inc. has requested that the fee
for the first three phases be increased by Ten Thousand Dollars
($10,000.00) and has offered to complete the final two phases of the
contract for Ten Thousand Dollars ($10,000.00) for a total fee of
Forty Five Thousand Dollars ($45,000.00) to perform the project in
20
21
22
23
accordance with said Agreement; and
WHEREAS, the Finance Committee of the City of Vernon on
November 14, 1995 recommended the approval of an increase of Twenty
24
25
26
Thousand Dollars ($20,000.00) to the original contract amount in
order to complete the project at a total cost of Forty-Five Thousand
Dollars
($45,000.00)
for the professional services of BCER
27
28
Architects, Inc.
..
1
2
3
4
5
6
7
8
9
10
11
12
13
'--
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are
true and correct.
SECTION 2: The City council of the City of Vernon approves
Amendment No. 1 to the Agreement for Professional Services (Fire
station No.1 - Renovation), a copy of which has been presented .to
the City Council concurrently with this resolution, and the City
council hereby orders said Amendment to 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 Amendment
14 for, and on behalf of, the City of Vernon.
15
SECTION 4:
The City Clerk of the City of Vernon shall
16 certify to the passage of this resolution, and thereupon and
17 thereafter the same shall be in full force and effect.
18 APPROVED AND ADOPTED this 5th day of December, 1995.
19
20
21
,..
A~/~
BRUCE V. MALKENHORST, City Clerk
22
23
24
25
26
27
28
-2-
"
-,~. .
1 STATE OF CALIFORNIA )
) ss
2 COUNTY OF LOS ANGELES)
3 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon,
4 do hereby certify that the foregoing Resolution, being Resolution
5 No. 6724, was duly adopted by the City Council of the City of Vernon
6 at a regular meeting of the City Council duly held on Tuesday,
7 December 5, 1995, and thereafter was duly signed by the Mayor of the
8 City of Vernon.
9
/-. //;;
10 BRUCE V. MALKENHORST, City Clerk
11 (SEAL)
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3-
l AMENDMENT NO. 1
2 TO THE
3 AGREEMENT FOR PROFESSIONAL SERVICES
4 (Fire Station No. 1 - Renovation)
5 THIS AMENDMENT NO. 1 is made, entered into and executed in
6 duplicate originals, either copy of which may be considered and used
7 as th~e~ original hereof for all purposes, as of this day of
8 ~ ~ ~;''~1995,
9 BY AND BETWEEN THE CITY OF.VERNON, a Municipal
Corporation, hereinafter
10 referred to as "City"
4305 Santa Fe Avenue
11 Vernon, California 90058
12 AND BCER Architects, Inc.,
a California Corporation
13 (hereinafter referred to as
"Consultant")
14 8560 Vineyard Avenue
Rancho Cucamonga, CA 91730
15
RECITALS
16
WHEREAS, City and Consultant entered into an Agreement For
17
Professional Services (Fire Station No. 1 - Renovation)
18
("agreement") on or about January 30, 1995; and
19
WHEREAS, the estimated cost of the renovations has
20
increased from $350,000.00 to $550,000.00, resulting in increased
21
costs to CONSULTANT; and
22
WHEREAS, CONSULTANT has offered to complete the first three
23
phases of the Agreement as set forth in the Scope of Services for an
24
additional Ten Thousand Dollars ($10,000.00) and to perform the last
25
two phases therein for Ten Thousand Dollars ($10,000.00); and
26
WHEREAS, paragraph b. and c. of Section 1 of the Agreement
27
provide for the performance and payment of subsequent phases of the
28
Agreement by mutually agreed amendment; and
1 WHEREAS, the Finance Committee of City on November 14,
2 1995, recommended the approval of an increase of $20,000 to the
3 original contract amount for professional services of $25,000; and
4 WHEREAS, City and Consultant desire to amend the Agreement
5 to provide for the additional performance and compensation.
6 NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
7 PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, IT IS MUTUALLY
8 AGREED BY AND BETWEEN THE PARTIES HERETO TO AMEND THE AGREEMENT AS
9 FOLLOWS:
10 SECTION l: Section 4 of said Agreement entitled
11 Compensation shall be amended as follows:
12 Section 4: COMPENSATION. City agrees to pay
13 Consultant as compensation for its services, the sum of Forty-Five
14 Thousand Dollars ($45,000.00).
15 In the event all or any portion of the work. prepared or
16 partially prepared by Consultant is suspended, abandoned, or
17 terminated, the City shall pay Consultant for the work performed on
18 an hourly basis, not to exceed any maximum contract amount specified
19 herein.
20 SECTION 2: Section 10 of said Agreement entitled
21 Miscellaneous Provisions shall be amended as follows:
22 Section 10: MISCELLANEOUS PROVISIONS.
23 a. Fees and all other charges will be bil-led monthly
24 as the work progresses, on the basis of the percentage of work
25 accomplished. Progress payments for initial services in each phase
26 shall total the following percentages of total compensation
27 payable =
28
-2-
1 Data Gathering Phase 5%
Conceptual, Programming and Design Phase 30%
2 Construction Document Phase 40%
Bidding Phase 5%
3 Construction Administration Phase 20%
100%
4
The net amount shall be due at the time of billing. Interest of one
5
(1) percent per month (but not exceeding the maximum rate allowable
6
by law) will be payable on any amounts not paid within thirty (30)
7
days of the billing date, payment thereafter to be applied first to
8
.accrued interest and then to the principal unpaid amount.
9
SECTION 3: In all other respects, the terms and conditions
10
of the Agreement is renewed in its entirety.
11
IN WITNESS WHEREOF, the parties hereto have caused this
12
Amendment to be executed on the month, day and year first written
13
above.
14
CITY OF VERNON
15
16 EONIS C. MAL URG, Mayor
17 ATTES
18
BRUCE V. MALKENHORST, City Clerk
19
APPROVED AS TO FORM:
20 ~ ~
21 DAVID B. BREARLEY, City At orney yw.._~„
BCER T' .C'~' I
22 •-~.:r-- 4
By:
23
Tit 1 e : ~l,e ~r•o- ~ if
, ~s"~-_
24
25
26
27
28
-3-
CITY COUNCIL DAVID B. BREARLEY
LEONIS C. MALBURG City Attorney
Mayor FAX: (818) 330-5818
THOMAS A. YBARRA S. KEVIN WILSON
Mayor Pro-Tem Acting Director of Community Services & Water
FAX: (213) 588-2761
Wm. "BILL" DAVIS
Councilman. KENNETH J. DeDARIO
Director of Light & Power
H. "LARRY°' GONZALES FAX: (213) 583-1983
Councilman
DAVE TELFORD
W. MICHAEL McCORMICK Fire Chief
Councilman FAX: (213) 581-1385
BRUCE V. MALKENHORST CITY HALL LOUIS RosENKRANTZ
City Admuustrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief
FAX: (213) 581-7924 TELEPHONE (213) 583-8811 FAX: (213) 581-1178
.December 7, 1995
Philip C. Chiao, AIA
BOER Architects, Inc.
8560 Vineyard Avenue
Rancho Cucamonga, California 91730
Re: .Amendment No. 1 to the Agreement
for Professional Services
Dear Mr. Chiao:
Enclosed herewith are two duplicate originals of the above
referenced agreement for your execution. Please return both
documents to me so that the appropriate Vernon officials may also
sign the agreements.
I will return one fully executed document to you for your records,
and if you should have any questions please do not. hesitate to
contact the Fire Chief, Dave Telford.
Very-truly yours,
CITY OF VERNON
r~~ -~~r.'.~1iC'2~
is J. ro co
Chief De ty City Clerk-
GJO/hr
Enclosure
cc: Dave Telford
Fire Chief
CITY COUNCIL DAVID B. BREARLEY
City Attorney
LEONIS C. MALBURG ~ ` FAX: (818) 330-5818
Mayor
S. KEVIN WILSON
THOMAS A. YBARRA
Mayor Pro-Tern Acting Director of Community Services & Water
FAX: (213)588-2761
Wm, "BILL" DAVIS
Councilman KENNETH J. DeDARIO
Director of Light & Power
H. "LARRY" GONZALES FAX: (213) 583-1983
Councilman
.DAVE TELFORD
W. IvIICHAEL McCORMICK Fire Chief
Councilman FAX: (213) 581-1385
BRUCE V. MALKENHORST CITY HALL LOUIS ROSENKRANTZ
City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief
FAX: (213) 581-7924 TELEPHONE (213) 583-8811 FAX: (213) 581-1178
November 30, 1995
City Council
City of Vernon
Honorable Members:
At the meeting held November 14, 1995, the Finance Committee
approved amending the present agreement with BOER Architects for
the renovation of Fire Station No. 1 to reflect an increase of
$20,000. The City Attorney's office has prepared an amendment to
the agreement-and it is hereby recommended that it be approved.
Very truly yours,
Bruce V. Malkenhorst
City Clerk
BVM/hr
~ ~ ~~I~y
CITY COUNCIL DAVID B. BREARLEY
City Attorney
LEONIS C. MALBURG FAX: (818) 330-5818
Mayor
Community Services & Water
THOMAS A. YBARRA FAX: (213) 588-2761
Mayor Pro-Tem
KENNETH J. DeDARIO
Wm. "BILL" DAMS Director of Light & Power
Councilman FAX: (213) 583-1983
H. "LARRY" GONZALES DAVE TELFORD
Councilman
Fire Chief
W. MICHAEL McCORMICK FAX: (213) 581-1385
Councilman LOUIS ROSENKRANTZ
Police Chief
$RUCE V. MALKENHORST CITY HALL FAX: (213) 581-1178
City Administrator/City Clerk In Reply Refer to:
FAX: (213) 581-7924 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583-8811
October 11, 1995
Finance Committee
City of Vernon
Honorable Members:
The amount previously submitted by BCER Architects, Inc. (and
included in the contract of January 1995) for needed renovations at
Fire Station No. 1 was considerably less than needed due to the
building's age. Based on this, it is necessary to increase the
contract amount for professional services by $20,000 (original
amount $25,000).
-This has been reviewed by the Fire Chief and the Acting Director of
.Community Services, and it is hereby recommended that the $20,000
increase be approved and, if the City Attorney deems it necessary,
that the original agreement be amended. This was a budgeted item.
Very truly yours, ~
Bruce V. Malkenhorst
Director of Finance
BVM/hr
~CER
ARCHITECTS, INC. ~ ~
~y ~ 8560 Vineyard Avenue, Suite 205
l./ ~"~i
~ Rancho Cucamon4a, California 91730
~
~r~D Phon ~ 9 9 989-2400
~~zFAX 09/946842
August 30, 1995 ~ ~ ~ c, i~~'7,~~
L. D. Telford, Fire Chief ~ ' ' ~J :~r I?i~;C; ~ ~
CITY OF VERNON ~ ,i"Y i ~ 4
? ~~Pl;~;~;,,y - ,j;,,
rte,', ,
4305 Santa Fe Avenue o~; I
Vernon, California 90058 ~ -~'~~i.
Fax No. 213/588-2761 ~,~1~30~
Subject: Vernon Fire Station #1
BOER Project No. 28-001-01
Dear Chief Telford:
As I mentioned in our telephone conversation of August 21, 1995, we are now proceeding into the
Construction Document Phase of the project. I expect we shall reach 50 percent completion by the
middle of September. We will then meet with you for review. We will present color and material boards
at that time. Upon City approval, we will proceed to finalize the Construction Documents and project
cost estimate (90% Construction Documents) prior to submitting for plan check.
We are now submitting our invoice for the first time. The invoice covers Data Gathering Phase and
Conceptual Program and Design Phase of the fee as follows:
• Data Gathering Phase 5%
• Conceptual, Programming and Design Phase 30%
• Construction Document Phase ,_40%-----\~
• Bidding Phase 5% a
• Construction Administration.Phase 20% ,
Total 4-5;000
""`.-mr f'
I understand that the amended fee of Forty-Five Thousand Dollars ($45,000.00) has been approved by
the City. If you think it maybe prudent to amend the original contract agreement with the City, dated
January 30, 1995, please let me know: Otherwise, the City's acceptance of our invoice will constitute
acknowledgment of the revision to the contract sum.
Should you have any questions, please give me a call.
Sincerely,
- BCER ARC TEC INC.
Philip C. Chiao, AIA
Princi al ka ~ a a~ ~.~a
pcc:pem C11'Y AI~MiNl~7fiA_y C?f~'S OF'FICE`
d:12~3001-0111 el
fordo. ver ~
CI-I~Y OF Vk:i=,NOIV
- ~
~`CE~2 ~R ~H TEL No . 909 944 6842 Sep 12 , 95 10 ~ 13 P . 01
M-'
.a ~
ARCHITECTS, INC.
September 12, 1995
CITY OF VERN4ni •
FIRE STATION #1 RENOVATION
CarYtract Documents Na. 25.001-O1
PROJECT' SCHEDUI~L
September 8, 1995 , 50% completion
September 15, 1995 .....BOER completes A/E coordination
October 15 to 1ovember 8, 1995 ....Submit final plans for final plan check
November 8 to November 22 , , , , , , , , , , , , , , , , , , , Final plan check
November 29 to December 2A . Bidding
.January 1, 1996 , , Canstructian starts
Post-lt'" brand tax transmittal memo 7671 ct pag•• ~
e~ C~~i I
Dept. PNOn9 M ~~f ! 9 ~~'~'~0
Ftyx N c~f ~ ,rj'~~- I Fax
s
~ xtci ~l.L..
~~~i
r
• ~ ~ ~ ~ v~' IRE ®EPARTM~NT
~ ~
BOARD OF FIRE l ~ FIRE HEADQUARTERS
COMMISSIONERS ~ ~ ® AND
~ ~ N,~'~® ADMINISTRATIVE OFFICE:
L.C. MALBURG, CHAIRMAN `j~!`~rrN ,-~~`Z~ CITY HALL
T.A. YBARRA s~ i - ~ 4305 SANTA FE AVENUE
t , ~ i J f '
W.M. Mc CORMICK ~ , ~i•~ ~ VERNON, CALIFORNIA 90058
i ,oU NO[D 1905 4`~
PHONE 583-8811
L.D. TELFORD rG~~vECr lri0~~~ 583-4821 (24 HR)
FIRE CHIEF
"SERVICE TO INDUSTRY"
To: Bruce V. Malkenhorst, City Administrator
From: L. D. Telford, Fire Chief;
Date: May 23, 1995
Subject: BCER Architect Fire Station #1
The amount of Fire Station #1 renovation has been increased from
$350, 000 to $550, 000 . BOER had originally entered into a contract
with us on the $350,000 dollar amount for an architect fee of $25,000.
Due to the increase to $550,000 the architect is requesting their fee
be adjusted to $45, 000. This amount does not include the 'Bidding
Phase" or "Construction Administration Phase", see attached for break
down.
I contacted David Fitzsimmons. at City Attorney's office and he
informed me this matter will have to go back to City Council for their
approval.
:attachments
LDT/lam
_ - -
BCER
ARCHITECTS, INC.
8560 Vineyard Avenue, Suite 205
Rancho Cucamonga, California 91730
Phone 909/989-2400
FAX 909/944-6842
May 18, 1995
L. D. Telford, Fire Chief
CITY OF VERNON r ~t~f~ !3 E
r~ti
4305 Santa Fe Avenue. ~ VFq y 22 ~
Vernon, California 90058 J LL;~ Fpq~;
N Fi~F.
Fax No. 213/588-2761 a;~ ~~N~=
Subject: Vernon Fire Station #1 •.~A,~
BCER Project No. 28001-01
Dear Chief Telford:
In response to our telephone conversation of May 15, 1995, we are requesting an amendment to the
contract agreement for professional services for, the Renovation of Fire Station No. 1. The original
contract called for a project budget of $350,000 and an architect's fee of $25,000. The work includes
Data Gathering Phase, Conceptual Programming and Design Phase, and Construction Document Phase as
set in Exhibit `A' under scope of services.
We understand that the project budget has been augmented to a total°of $550,000. We ask that the
architect's fee be adjusted proportionally to $45,000 for the same scope of work identified above- and,
in addition, the Bidding and Construction Administration Phases. The payment schedule is proposed
as follows:
• Data Gathering Phase $ 5,000
• Conceptual, Programming and Design Phase 10,000
• Construction Document- Phase 20,000
• Bidding Phase 3,000
• Construction Administration Phase 7,000
Payment shall be made monthly; and in proportion to services performed within each phase of service.
At this point, we have not billed the City for any of our work. Once the :amended fee schedule is
approved, we will submit an invoice.
Should you have any questions regarding this proposed amendment, please give us a call.
Sincerely,
BCER ARCHITECTS, INC.
Philip C. Chiao, AIA
Principal
pcc:pem
d•128001-O1 ~telford3. ver