Resolution No. 7041
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RESOLUTION NO. 7041
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION
OF A PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF VERNON AND AUSTIN-FOUST
ASSOCIATES, INC. FOR TRAFFIC STUDIES
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WHEREAS, the City of Vernon is desirous of Obtaining
professional services with respect to the preparation of a traffic
impact study relating to the expansion of trucking facilities at
the Burlington Northern and Santa Fe Railroad's Hobart Yard and
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the impacts to the City which may be produced during the
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construction of the Alameda Corridor Project; and
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WHEREAS, Austin-Foust Associates, Inc. is desirous of
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performing such services and making available its experiences and
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expertise to the City of Vernon.
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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 does
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hereby find and determine that the recitals contained hereinabove
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are true and correct.
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SECTION 2: The City Council of the City of Vernon hereby
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approves the Professional Services Agreement, a copy of which has
been presented to the City Council concurrently with this
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resolution, and the City Council hereby orders said Agreement to
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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
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for, and on behalf of, the City of Vernon.
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certify to the passage of this resolution and thereupon and
SECTION 4: The City Clerk of the City of Vernon shall
thereafter the same shall be in full force and effect.
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7 AA:
8 BRUCE V.
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APPROVED AND ADOPTED this 21st day of October, 1997.
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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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Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 7041, 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 21. 1997, and thereafter was duly signed by
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the Mayor of the City of Vernon.
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BRUCE V. MALKENHORST, City Clerk
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(SEAL)
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BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX: (213) 581-7924
CITY HALL
DAVID B. BREARLEY
City Attorney
FAX: (818) 330-5818
KEVIN Wll..SON
Director of Community Services &: Water
FAX: (213) 588-2761
KENNETH J. DeDARIO
Director of tight &: Power
FAX: (213) 583-1983
DAVE TELFORD
Fire Chief
FAX: (213) 581-1385
LOUIS ROSENKRANTZ
Police Chief
FAX: (213) 581-1178
CITY COUNCIL
LEONIS C. MALBURG
Mayor
moMAS A. YBARRA
Mayor Pro- Tem
Wm. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583-8811
November 6, 1997
Austin-Foust Associates, Inc.
2020 North Tustin Avenue
Santa Ana, CA 92705-7827
Re: professional Services Agreement
Traffic Study
Gentlemen:
Transmitted herewith is a fully executed copy of the Professional
Services Agreement for the Santa Fe Railroad Hobart Yard
Expansion Traffic Study for your files, as of October 7, 1997.
If you have any questions regarding this matter, please don't
hesitate to call Mr. Kevin Wilson, Director of Community Services
& Water Department.
.veg~~lY i2L
~fia . Orosco
Chief Duty City Clerk
GJO/mm
enclosure
cc: Kevin Wilson
Director, Community Services & Water
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CITY COUNCIL e
LEONIS c. MALBURG
Mayor
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAJ<:(213)581-7924
CITY HALL
DAVID B. BREARLEY
City Attorney
FAJ<: (818) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAJ<: (213) 588-2761
KENNETH J. DeDARlO
Director of tight & Power
FAJ<: (213) 583-1983
DAVE TELFORD
Fire Chief
FAJ<: (213) 581-1385
LOUIS ROSENKRANTZ
Police Chief
FAJ<: (213) 581-1178
Wrn. "BILL" DAVIS
Councilman
moMAS A. YBARRA
Mayor Pro-Tern
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583-8811
October 21, 1997
Joe E. Foust, P.E.
Austin-Foust Associates, Inc.
2020 North Tustin Avenue
Santa Ana, CA 92705-7827
Re: Santa Fe Railway
Hobart Yard Extension Traffic Study
Dear Mr. Foust:
I am enclosing two copies of the Professional Services
Agreement which we prepared regarding your services in connection
wi th the Santa Fe Hobart Yard. As I advised, the contract is being
submitted to the Vernon City Council tonight (October 21) for their
review and approval. The validity of the contract is, of course,
contingent upon City Council approval.
Once it is approved, I will advise you. In
please execute the two copies of the contract; the
two originals. Please send back both originals.
executes the contract, I will then provide you
executed copy.
the meantime,
City requires
Once the City
with a fully
Thank you for your assistance and cooperation.
ve~trU1Y yours, ~
L--- c;t.v.-e.......... ,vl.. ~"
Eduardo Olivo for
David Brearley
City Attorney for the
city of Vernon
EO/maw
Enclosures
cc: Gloria Orosco
Chief Deputy City Clerk
City of Vernon
general\JF10.21
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1 Execution Copy
2 PROFESSIONAL SERVICES AGREEMENT
3 THIS AGREEMENT is made, entered into and executed in
4 duplicate originals, either copy of which may be considered and
5 used as the original hereof for all purposes, as of this 7th day
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of October, 1997, in the City of Vernon, County of Los Angeles,
California
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BY AND BETWEEN
THE CITY OF VERNON, a municipal
corporation, hereinafter
referred to as the "City,"
4305 Santa Fe Avenue
Vernon, California 90058
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AND
AUSTIN-FOUST ASSOCIATES, INC.
hereinafter referred
as the "Consultant,"
2020 North Tustin Avenue
Santa Ana, CA 92705-7827
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RECITALS
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WHEREAS, the City has heretofore issued its Request for
,PrOP9sal pertaining to the performance of professional services
with respect to the preparation of a traffic study which will
evaluate the impacts on the City of the expansion of the
Burlington Northern and Santa Fe ("Santa Fe") Hobart Yard, and
construction of the Alameda Corridor project (hereinafter referred
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to as "Project"); and
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WHEREAS, the Consultant has now submitted its proposal
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for the performance of such seryices, a full, true and correct
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copy of which proposal is attached hereto as Exhibit "A" and by
this reference made a part hereof; and
WHEREAS, the city desires to retain Consultant to perform
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professional services necessary to render advice and assistance to
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City and City's staff in connection with the project; and
WHEREAS, the Consultant represents that it is qualified
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to perform such services and is willing to perform such
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professional services as hereinafter defined.
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NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
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SET FORTH HEREIN:
7 1.
Definitions: The following definitions shall apply to
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the following terms, except where the context of this Agreement
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otherwise requires:
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1.1
Project: The preparation of the project
11 described in Exhibit "A" hereto including, but not limited to, the
12 preparation of maps, surveys, reports, and documents, the
13 presentation, both oral and in writing, of such plans, maps,
14 surveys, reports and documents to City, as well as oral testimony
15 before the California Public utilities Commission ("PUC"), as
16 requi~ed, and attendance at any and all work sessions, public
17 hearings, or PUC hearings, and other meetings conducted by City
18 with r~~pect to the Project.
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1.2
Services: Such professional services as are
20 necessary to be performed by Consultant in order for the City to
21 obtain information as to how it will be negatively impacted as a
22 result of the Project.
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1.3
Completion of proiect: The date of completion of
24 all phases of the Project, including any and all procedures,
25 development plans, maps, surveys, plan documents, technical
26 reports, meetings, oral presentations, and attendance by
27 Consultant at public hearings or PUC hearings regarding the
28 adoption of the Project as specified by City.
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2.
Consultant Aqrees as Follows:
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Consultant shall forthwith undertake and complete
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the Project in accordance with Exhibit "A" hereto and all in
accordance with Federal, state and City statutes, regulations,
ordinances and guide,lines, all to the reasonable satisfaction of
City.
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2.2
Consultant shall supply copies of all maps,
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surveys, reports, plans and documents (hereinafter collectively
referred to as "documents") including all supplemental technical
documents, as described in Exhibit "A" to City in the time
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11 specified by City. Copies of the documents shall be in such
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numbers as are required by City.
City may thereafter review and
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forward to Consultant comments regarding said documents and
Consultant shall thereafter make such revisions to said documents
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15 as deemed necessary. City shall review revised documents in such
16 form-and in the quantities determined necessary by City. The time
17 limits se~ forth pursuant to this section 2.2 may be extended upon
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~8 writte~, approval of City.
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2.3
Consultant shall, at Consultant's sole cost and
20 expense, secure and hire such other persons as may, in the opinion
21 of Consultant, be necessary to comply with the terms of this
22 Agreement. In the event any such other persons are retained by
23 Consultant, Consultant hereby warrants that such persons shall be
24 fully qualified to perform services required hereunder.
25 Consultant further agrees that no subcontractor shall be retained
26 by Consultant, except upon the prior written approval of city.
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3. City Agrees as Follows:
3.1 To pay Consultant a maximum sum of $15,000 for
the performance of the services required hereunder. Any work by
Consultant which will result in fees exceeding this amount must
first be authorized "by the City. Payment to Consultant, by City,
shall be made in accordance with the schedule set forth in Exhibit
7 "A".
8 3.2 Payments to Consultants shall be made by City in
9 accordance with the invoices submitted by Consultant, on a monthly
10 basis, and such invoices are received by City. All charges shall
11 be in accordance with Consultant's'proP9sal either with respect to
12 hourly rates or lump sum amounts for individual tasks. In no
13 event, however, will said invoices exceed 95% of individual task
14 totals described in Exhibit "A".
15 3.3 Consultant agrees that, in no event, shall City
16 be required to pay to Consultant any sum in excess of 95% of the
17 maximum p~yable hereunder prior to receipt by City of all final
lS docume~~s, together with all supplemental technical documents, as
19 described herein acceptable in form and content to City. Final
20 payment shall be made not later than 60 days after presentation of
21 final documents and acceptance thereof by City.
22 3.4 Additional services: Payments for additional
23 services requested, in writing, by City, and not included in
24 Consultant's proposal as set forth in Exhibit "A" hereof, shall be
25 paid on a reimbursement basis in accordance with the fee schedule
26 set forth in said Exhibit "A". Charges for additional services
27 shall be invoiced on a monthly basis and shall be paid by City
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4.
City Aqrees to Provide to Consultant:
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Information and assistance as set forth in
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Photographically reproducible copies of maps and
5 other information, ,if available, which Consultant considers
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7 4.3 Such information as is generally available from
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City files applicable to the Project.
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Assistance, if necessary, in obtaining
10 information from other governmental agencies and/or private
11 parties. However, it shall be Consultant's responsibility to make
12 all initial contact with respect to the gathering of such
13 information.
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ownership of Documents:
15 All documents, data, studies, surveys, drawings, maps,
16 models, photographs, reports and written testimony prepared by
17 Consultant, pursuant to this Agreement shall be considered the
1& propert,y of City and, upon paYment for services performed by
19 Consultant, such documents and other identified materials shall be
20 delivered to City by Consultant. Consultant may, however, make
21 and retain such copies of said documents and materials as
22 Consultant may desire.
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Termination:
24 This Agreement may be terminated by the City upon the
25 giving of a written "Notice of Termination" to Consultant at least
26 fifteen (15) days prior to the date of termination specified in
27 said Notice. In the event this Agreement is so terminated,
28 Consultant shall be compensated at Consultant's applicable hourly
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rates as set forth in Exhibit "A", on a pro-rata basis with
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respect to the percentage of the project completed as of the date
3 of termination. In no event, however, shall Consultant receive
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more than the maximum specified in paragraph 3.1 above.
Consultant shall prqvide to City any and all documents, data,
studies, surveys, drawings, maps, models, photographs, reports and
written testimony, whether in draft or final form, prepared by
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Consultant as of the date of termination. Consultant may not
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terminate this Agreement except for cause.
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Notices and Desiqnated Representatives:
11 Any and all notices, demands, invoices and written
12 communications between the parties hereto shall be addressed as
13 set forth in this paragraph 7. The below named individuals,
14 furthermore, shall be those persons primarily responsible for the
15 performance by the parties under this Agreement:
16 CITY:'
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CONSULTANT:
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The City of Vernon
Attn: Samuel Kevin wilson
Director of community Services
4305 Santa Fe Avenue
Vernon, CA 90058-0805
(213) 583-8811
Austin-Foust Associates, Inc.
Attn: Joe E. Foust, P.E.
2020 North Tustin Avenue
santa Ana, CA 92705-7827
(714) 667-0496
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Any such notices, demands, invoices and written
communications, by mail, shall be deemed to have been received by
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the addressee forty-eight (48) hours after deposit thereof in the
united States mail, postage prepaid and properly addressed as set
forth above.
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1 8. Insurance:
2 Consultant shall not commence work under this Agreement
3 until it has obtained all insurance required hereunder in a
4 company or companies acceptable to City, nor shall Consultant
5 allow any subcontrac~or to commence work on a subcontract until
6 all insurance required of the subcontractor has been obtained.
7 Consultant shall take out and maintain at all times during the
8 term of this Agreement the following policies of insurance:
9 8.1 Workers' Compensation Insurance:
10 Before beginning work, Consultant shall furnish to City a
11 certificate of insurance as proof that it has taken out full
12 workers' compensation insurance for all persons whom it may
13 employ, directly or through subcontractors, in carrying out the
14 work specified herein, in accordance with the laws of the state of
15 California.
16 In accordance with the provisions of California Labor
17 Code section 3700, every employer shall secure the payment of
18. compen~~tiori to his employees. Consultant, prior to commencing
19 work, shall sign and file with City a certification as follows:
20 "I am aware of the provisions of section 3700 of the
21 Labor Code which require every employer to be insured against
22 liability for workers' compensation or to undertake self insurance
23 in accordance with the provisions of that Code, and I will comply
24 with such provisions before commencing the performance of the work
25 of this Agreement. II
26 8.2 Public Liability and Property Damaqe:
27 Throughout the term of this Agreement, Consultant shall
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mutual benefit of City and Consultant, comprehensive, broad form,
general public liability and automobile insurance against claims
and liabilities for personal injury, death, or property damage
arising from Consultant's activities, providing protection of at
least One Million Oollars ($1,000,000.00) for bodily injury or
death to anyone person or for anyone accident or occurrence of
at least One Million Dollars ($1,000,000.00) for property damage.
8.3 General Insurance Requirements:
All insurance required by express provision of this
Agreement shall be carried only in responsible insurance companies
licensed to do business in the state of California and policies
required under paragraphs 8.1 and 8.2 shall name as additional
insureds city, its elected officials, officers, employees, agents
and representatives. All policies shall contain language, to the
effect that: (1) the insurer waives the right of subrogation
against City and City's elected officials, officers, employees,
agents and representatives; (2) the policies are primary and
noncontributing with any insurance that may be carried by city;
and (3) they cannot be canceled or materially changed except after
thirty (30) days' notice by the insurer to City by certified mail.
Consultant shall furnish City with copies of all such policies
promptly upon receipt of them, or certificate evidencing the
insurance. Consultant may effect for its own account insurance
not required under this Agreement.
9. Indemnification:
Consultant shall defend, indemnify and save harmless
City, its elected and appointeg officers, agents and employees,
from all liability from loss, damage or injury to persons or
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property, including the loss, damage, or injury to persons or
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property, including the payment by Consultant of any and all legal
costs and attorneys' fees, in any manner arising out of the
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negligent acts, errors, or omissions of Consultant pursuant to
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this Agreement, inc,luding, but not limited to, all consequential
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damages, to the maximum extent permitted by law.
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Assianment:
8 No assignment of this Agreement or of any part or
9 obligation of performance hereunder shall be made, either in whole
10 or in part, by Consultant without the prior written consent of
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Independent Contractor:
The parties hereto agree that Consultant and its
employeFs, officers and agents are independent contractors under
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this Agreement and shall not be construed for any purpose to be
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emplovees of City.
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Governina Law:
la This Agreement shall be governed by and construed in
19 accordance with the laws of the state of California.
20 13.
Attornev's Fees:
21 In the event any legal proceeding is instituted to
22 enforce any term or provision of the Agreement, the prevailing
23 party in said legal proceeding shall be entitled to recover
24 attorney's fees and costs from the opposing party in an amount
25 determined by the court to be reasonable.
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Entire Agreement
27 This Agreement supersedes all other agreements, either
28 oral or in writing, between the parties with respect to the
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subject matter herein.
Each party to this Agreement acknowledges
2 that no representation by any party which is not embodied herein
3 nor any other agreement,. statement, or promise not contained in
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this Agreement shall be valid and binding.
Any modification of
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this Agreement shall be effective only if it is in writing signed
by all parties.
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S~verabilitv:
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If any provision of thi.s Agreement is held by a court of
competent jurisdiction to be invalid, or unenforceable, the
remaining provisions shall remain in full force and effect and are
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binding on owner and Consultant.
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IN WITNESS WHEREOF, the City and the Consultant have
executed this Agreement as of the date first hereinabove set
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forth.
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THE CITY OF VERNON
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BY:~'
,/" EO~IS C. BURG, ayor
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ATTEST:
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BRUCE V. MALKENHORST, city Clerk
21 APPROVED AS TO FORM:
:: r" ~M rES ~ FO/~
DAVID B. BRE~LE~ C1ty Attorney
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AUSTIN-FOUST
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BY:
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. ;FOUST
1hd-17jff ~d
28 generat \Foust.Agr
Title:
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.IfI..AVSTIH,FOVST ASSOCIATES. IHe.
rRAFFIC e/llGIN66RING AND rlrANSPOllrA rlON ,tANN/Nt;
2020 NORTH TUSTIN AVENUE . SANTA ANA. CALIFORNIA 92705.7827 · TELEPHONE (714) El-f37-04ge
FAX (714) 667.7952
October 10, 1997
City of Vernon
4305 Santa Fe
Vemoll, CA 9OOS8
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Exhibit nAil
AT1'ENTION: Mr. Kevin Wilson
SUBJEcr: PROPOSAL. SANTA FE RAILROAD
HOBART YARD EXPANSION TRAFFIC STUDY
Dear Mr. Wilson:
Austin-Fowt .A.ssoclata, Inc. (APA) is pleased to ~poDd to your RFP to provide trafIjc cu~iu~ring
services to evaluate the traffic impact of the planned expansion or the trucking facilities at Santa Fe
Railroad's Hobart Yard. As you are aware, APA performed a CtyWide Traffic Circulation Study for
the City of VernoD in 1m in conjunction With tbe General Plan and Circulation Element Update.
As a result, we are quite familiar with traffic patterns, particularly the he~ intluence of trucks and
railroad movemen~ in the City of Vernon. We W111 forego any additional promotional materials
except to mention we have performed numerous traffic studies, many involving trucks and/or
terminals .in/the neighbo~g cities of Commerce and South Gate. We would direct you to the
Directors of Public Works/City Engineer. for either or both cities as a quaUfierl ~f~reDC.e.
. The purpose ot'the traffic study is to identify and quantify the traffic impact of the planned expansion
of t.be Hobart Yarcl. Normolly on)' sucb trl1ffie study would follow typical CEQA guidelin~ for
preparation of the transportation and circulation portion of an EIR. The methodology for such a
study is generally wen documented and understood, at least by the transportation engineering
prur~ionaJs_ Even though this study is not, strictly spea1dng, an EIR, I would suggest the traffic
study follow the published guidelines for a traffic impact assessment (TIA) of the Los Angeles County
Congestion Management Program (CMP). Although many cities have traffic study guidelines which
differ from those of the countywide CMPt most generally foUow the methodology and only adopt
even more restrictive thresholds of impact Therefore, in order to provide defensible and creditable
testimony before the PUC, I would feel very comfortable citing the guidelines of the CMF as the
basis for our traffic study and its conclusions.
FrnnklYt o.t this point I em going to end my d~ion of the lr:affic study methodology and simply
characterize my approach as following tbe CMP TIA guidelines. Those published guidelines require
evaluation of the following conditions with and witbout the project:
1. Existing
2 &isting + ambient
3. Existing + ambient + cumulative
4. Post 2010 c:onditions
.U(,..I-lb-l ':;;';:f( 11;~::> rKUl'1 HU::'1 !l'l-rUU::>I M:;;';:'U\,., '.
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City of Vernon
October 10. 1997
Page 2
For any locations, whether intersection or roadway link. where 3isignificant impact attdbutable to the
project is identified, suitable mitigation sufficient to reduce the effect to a level of "non.significance"
will be developed. The only limitation imposed is Ihat the study area will be within the City of
Vernon.
Since this study jlJ'o'Olves a level of effon that will not be fully understood until such initial analysis
is completed., such as Idenilllcadon of the imva\:l or the new trip generation~ and tbe number of
locations significantly im~ a time and materials agreement with a D1~mum not-to-exceed figure
of S 15.000 is appropriate. If the scope or work were clearly defined and understood, then a fixed "fee
would be suitable. Howe"ier, at this point. such is Dot the case. :&sed on past experience MA has
gained with the cooduct of many CMP type traffic studies, we anticipate the following personnel
requirement will be requirech
Pmonocl AJIocItioa
PriJIQpIf Tt8fIlc ~I P.Eo
n~1aIioIl ~
o.ip Dlafta'
T~
Sl2S
80
so
48
Hun ~
48 6,000
64 SJ20
16 800
40 1.m
Sl3.S40
s:tl~
Ilate
SUB-TOrJ\L
DiteQ ~
~ ~1If TDS, Jnc.
, ,Eslimarc S NNPM pt:lJt: bout tunling ~lS @ 5200 cadi ~
TOTAL $14,840
CAll $15,000
I will be the Project Manager and provide the expert testimony before the PUc. If yOll have any
questions, please call
i~~