Resolution No. 7695f t e
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RESOLUTION NO. 7695
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN
AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN
THE CITY OF VERNON AND BOYLE ENGINEERING CORPORATION
PERTAINING TO THE CITY HALL EXPANSION
WHEREAS, on October 5, 1993, the City Council of the City of
Vernon adopted Resolution No. 6331 approving an Agreement for
Professional Services ("Initial Agreement") with Boyle Engineering
Corporation ("Boyle") in connection with the construction of certain
offices and parking adjacent to City Hall; and
WHEREAS, the Initial Agreement was amended on December 20,
1994, October 17, 1995, March 26, 1996, November 5, 1996 and May 20,
1997 and approved, respectively, in Resolution Nos. 6565, 6698, 6759,
6881 and 6960; and
WHEREAS, the City's construction contractor, Amelco, has gone
beyond the contract's deadline and it will take several months before
the City Hall expansion and renovation project (the "Project") is
completed; and
WHEREAS, a difference of opinion exists respecting whether the
duration of the Initial Agreement, as amended, has expired and the City
desires that Boyle continue to provide its architectural professional
services without interruption until the Project has been completed for
a flat fee of Three Thousand Six Hundred Thirty Dollars and No Cents
($3,630.00) per month until completion of the contract; and
WHEREAS, by letter dated January 10, 2001, Bruce V.
Malkenhorst, City Administrator/City Clerk, has recommended that the
contract with Boyle be renewed to include the completion of the
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Project.
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 hereby
approves the Agreement For Professional Services with Boyle, a copy of
which is attached hereto as Exhibit "A" and made a part hereof.
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.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send one fully executed
Agreement to:
Boyle Engineering Corporation
Attn: Allen J. Randall
1501 Quail Street
Newport Beach, CA 92660-2726
SECTION 5: The City Clerk of the City of Vernon shall certify
to the passage of this resolution, and thereupon and thereafter the
same shall be in full force and effect.
APPROVED AND ADOPTED this 17th day of January, 2001.
ATTES
BRUCE V. MALKENHORST, City Clerk
�LE�ISC��A%tRG�,Mayor'
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
7695, was duly adopted by the City Council of the City of Vernon at an
adjourned regular meeting of the City Council duly held on Wednesday,
January 17. 2001, and thereafter was duly signed by the Mayor of the
City of Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
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` _1�._� •. ..• •ice
THIS AGREEMENT is made and entered into this day of
January, 2001
BY AND BETWEEN CITY OF VERNON, a municipal
corporation (hereinafter
referred to as "City,)
4305 Santa Fe Avenue
Vernon, CA 90058-0805
AND BOYLE ENGINEERING CORPORATION,
a California corporation
(hereinafter referred to as
"Consultant")
1501 Quail Street
P.O. Box 3030 -.
Newport Beach, CA 92658-9020
RECITALS -
WHEREAS, on October 5, 1993, the City and Consultant entered j
into an Agreement for Professional Services in connection with the
construction of certain offices and parking adjacent to City Hall
(hereinafter referred to.as the "Initial Agreement"); and
WHEREAS, the Initial Agreement was approved and adopted on
October 5, 1.993; and
WHEREAS, the Initial Agreement was amended on December 20,
1994, October 17, 1995, March 26, 1996, November 5, 1996 and May 20, 1997
and approved, respectively, in Resolution Nos. 6565, 6698, 6759, 6881 an
6960; and
WHEREAS, Consultant believes that the duration of the Initial
Agreement, as amended, has elapsed; and
WHEREAS, the City believes that the Initial Agreement, as
amended, is still in effect; and
1 WHEREAS, the City desires to have Consultant continue
2providing its professional services without interruption; and
3 WHEREAS, the City desires to enter into this Agreement to
4 ensure that Consultant will continue to provide professional services to
5 the City.
" 6 NOW, THEREFORE, IN CONSIDERATION OF MUTUAL 'COVENANTS,
7 PREMISES, AND CONDITIONS HEREIN SET FORTH, THE PARTIES HERETO AGREE AS
8 FOLLOWS:
9 SECTION 1: QQMULTANT SERVICES. Consultant agrees to
10 provide and perform the following professional services for City:
11 A. To act as the architectural and engineering
12 consultant to the City in connection with the project commonly referred
13 to as the "City Hall Expansion" (hereinafter referred to as the
14 "Project").
15 B. Consultant shall perform all requested services in
16 their,entirety as outlined in the attached description of services,
17 which is attached hereto as Exhibit "A," Scope of Services, and made a
18 part hereof by reference.
19 C. City shall have the right to order changes -in
20 working drawings, specifications, or engineering, prior to, during, or
21 after the completion of said Consultant's plans and specifications. If
22 said changes are of a minor nature (minor being defined as less than 4
23 hours of labor) or if said changes are due to mistakes on the part of
24 Consultant, such changes in the drawings shall be made without charge.
25 Any change in working drawings, specifications, or engineering, which
26 are not of a minor nature and which are due to no fault of Consultant
27 shall be paid for by City, in amount to reasonably
28 compensate Consultant for the additional labor and expense to him, or
r:
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based upon Consultant's basic fee, whichever is the lesser amount.
D. Consultant shall furnish at his cost all blueprints
necessary to allow Consultant's subconsultants to perform their portion
of the project. Additional sets of plans and specifications for
construction purpc;ses, so requested by City, shall be made and charged
to City at actual cost of reproduction
SECTION 2: TIME OF SERVICES. Consultant's services
herewith shall commence upon signing of the Agreement and shall extend
until the Project is completed.
SECTION 3: COMPENSATION.
A. For architectural services as described in Exhibit
"A," Scope of Services, the City agrees to pay Consultant -as
compensation for its services a flat fee of Three Thousand Six Hundred
Thirty Dollars and No Cents ($3,630.00) per month.
SECTION 4: INDEWIFICATION-BY CONSULTANT. Consultant
shall indemnify and hold City harmless against any and all losses,
damages (including compensatory damages) and expenses (including court
costs and attorney fees) resulting from or arising out of claims,
demands, or lawsuits brought by third parties against City or Consultant
to the extent such claims, demands, or lawsuits result from Consultant's
negligent performance of the services under this Agreement,
unless such loss, damage, or expense resulted from the negligence of the
City, its officers, agents, or employees.
SECTION 5: INSURANCE.
A. Insurance Coverage: During the performance of this
Agreement Consultant shall maintain insurance coverage as set forth in
the Schedule of Insurance, which is attached hereto as Exhibit "B" and
made a part hereof by reference.
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1 B. proof of Insurence: Consultant shall file proof of
2 insurance with the City Clerk in accordance with the Schedule of
3 Insurance.
4 SECTION 6: INDEPENDENT CON U TAKI. Consultant shall at
5 all times be an independent contractor and shall not be considered an
6 employee or agent of the City. Consultant may contract with
7 subconsultants as it so deems necessary.
8 SECTION 7: NOTICES. Any Notice required or permitted
9 hereunder shall be given by personal delivery or by first class mail,
10 postage prepaid. Notices sent by mail shall be -deemed given three (3)
11 business days after being deposited postage prepaid in the United
12 States mail and addressed to the parties as follows:
13 CITY
14 CITY OF VERNON
ATTN: City Administrator
15 4305 Santa Fe Avenue
16 Vernon, CA 90058-0805
17 CONSLnLTANT
i
18 BOYLE ENGINEERING CORPORATION
ATTN: Alien J. Randall
19 1501 Quail Street
20 Newport Beach, CA 92660-2726
21 SECTION 8: ASSIGNMENT PROHIBITED. No party to this
22 Agreement may assign any right or obligation pursuant to this Agreement
23 except with the express written consent of the other party.
24 SECTION 9: MISCELLANEOUS PROVISIONS.
25 A. Fees and all other charges will be billed monthly as
26 the work progresses, on the basis of the percentage of work
27 accomplished. The net amount shall be due at the time of billing.
28 Interest of one (1) percent per month {but not exceeding the maximum
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1 rate allowable by law) will be payable on any amounts not paid within
2 thirty (30) days of the billing date, payment thereafter to be applied
3 first to accrued interest and then to the principal unpaid amount.
4 B. Consultant shall be entitled to rely upon the
5 accuracy of the data and information provided by the City without
6 independent review or evaluation.
7 C. Any opinion of the construction cost prepared by
8 Consultant represents his judgment as a design professional and is
9 supplied for the general guidance of, the City. Since Consultant has no
10 control over the cost of labor and material, or over competitive bidding
11 or market conditions, Consultant does not guarantee the accuracy of such
12 opinions as compared to contractor bids or actual cost to the City.
13 D. If litigation is necessary to enforce any term or
14 provision of this Agreement or to collect any portion of the amount
15 payable under this Agreement, then all litigation and collection
16 expenses, witness fees, court costs, and attorneys' fees shall be paid
17to the prevailing party.
18 E. If any provision herein is found or deemed to be
19 invalid, this Agreement shall be construed as not containing such
20 provision, and all other provisions which are otherwise lawful shall
21 remain in full force and effect, and to this end the provisions of this
22 Agreement are declared to be severable.
23 F. Termination.
24 (1) This Agreement may be terminated by either
25 party upon thirty (30) days written notice if the other party fails
26 substantially to perform in accordance with its terms through no fault
27 of the party giving notice of the termination.
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1 (2) In the event of termination as set forth above
2 in Paragraph 1, Consultant shall be paid compensation for services
3 performed up to the termination date, including reimbursable expenses
4 and payments for additional services then due and all termination
5 expenses. Termination expenses are defined as reimbursable expenses
6 directly attributable to termination, plus fifteen percent (15%) of the
7 total compensation earned to the time of termination.
8G. City will require that the general contractor for
9 the project -hold harmless, indemnify and defend City, Consultant, and
10 each of their directors, officers, agents and employees from any and
11 all liability, claims, losses, damage and costs, including attorneys'
12 fees, arising out of or alleged to arise from the general contractor's
13 performance of the work described in the construction contract
14 documents, but not including liability that may be due to the sole
15 negligence of City, Consultant, their directors, officers, agents and
16 employees.
17 H. City will require general contractor to provide
18 workers' compensation and commercial general liability insurance,
19 including completed operations and contractual liability, with the
20 Latter coverage sufficient to insure the general contractor's
21 indemnity, as above required provided that (i) such insurance shall
22 include City, Consultant, and each of their directors, officers, agents
23 and employees as additional insureds, (ii) the insurance afforded to
24 these additional insureds shall be primary insurance, and (iii) if the
25 additional insureds have other insurance which might be applicable to
26 any loss, the amount of the insurance provided under this section shall
27 not be reduced or prorated by the existence of such insurance.
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the date and year first above written.
CITY OF VERNON
By:
ATTEST: LEONIS C. MALBURG, Mayor
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
EDUARDO OLIVO, City Attorney
BOYLE ENGINEERING CORPORATION
By:
Title:
By:
Title:
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EXHIBIT
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EXHIBIT A
SCOPE OFSERVIfES
1. t'OTTS'T'RUC'�'TON AND ADMINISTRATION PHASE.
The Construction and Administration Phase will commence with the
award of the contract for construction and will terminate when the
final certificate of payment to the contractor is issued by Consultant
or, in the absence of a final certificate for payment,'sixty (60) days
after the date of substantial completion of the work.
1.1 Consultant, including but not limited to, its structural,
mechanical, electrical engineers, interior designer, and landscape
architect shall inspect the project from time to time as the progress
thereof may require., shall make written reports.thereon, and shall
endeavor, by project site visitations, to guard City against defects
sand deficiencies in the work of the contractor and subcontractors.
Consultant does not guarantee the performance of such contractor and
subcontractors, and the services of Consultant herein do not include
continuous, on -site inspections or supervision.
1.2 Consultant, including but not limited to, its structural,
mechanical, electrical engineer, interior designer, and landscape
architect shall visit the project promptly whenever requested to do so
to assist in resolving problems.
1.3 Consultant shall arrange for and process all changes to the
plans and specifications by construction change directives and change
orders and shall distribute these in accordance with procedures
established by City.
1.4 Consultant shall review all shop drawings, samples of
materials and technical data submitted by the contractor. Consultant
shall regularly observe the work and interpret the plans and
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1 specifications for the contractor.
2 1.5 Consultant shall not be responsible for and shall not have
3 control or charge of construction means, methods, techniques, sequences
4 or procedures, or for safety precautions and programs in connection
5 with the project. 'Consultant shall not be responsible for or have
6 control or charge over the acts or omissions of the contractor,
7 subcontractors, or any of their agents or employees, or any other
8 persons performing any of the project, and shall not be responsible for
9 the failure of any of them to carry out the project in accordance with
10 the contract documents.
11 1.6 Consultant shall issue a monthly certificate for payment to
12 the contractor which shall constitute a representation by Consultant to
13 City, based upon his observations at the site and the data comprising
14 the contractors application for payment, that the project has
15 progressed to the point indicated; and that, to the best of
16 Consultant's knowledge, information and belief, the quality of the work'
17 is in accordance with the contract documents (subject to an evaluation
18 of the work for conformance with the contract documents). Consultant
19 shall recommend the amounts owing to the contractor based on on -site
20 observations and on evaluations of the contractor's applications for
21 payment in such amounts, as provided in the contractor's cost schedule.
22 The accuracy of each application for payment shall remain the primary
23 responsibility of the contractor, and Consultant may presume it to be
24 accurate.
25 1.7 All interpretations and recommendations of Consultant shall be
26 consistent with the intent of and reasonably inferable from the
27 contract documents and shall be in writing or in the form of drawings.
28 In the capacity of interpreter and judge, Consultant shall endeavor to
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secure faithful performance by both City and the contractor, shall not
show partiality to either, and shall not be liable for the results of
any interpretation or decision rendered in good faith in such capacity.
1.8 Consultant shall review the work to determine the dates of
substantial completion and final completion, shall receive and forward
to City for City's review written warranties and related documents
required by the contract documents and assembled by the contractor, and
shall issue a final certificate for payment.
1.9 Consultant shall prepare and submit final as -constructed
plans to City. The plans shall be readily reproducible.
1.10 Consultant shall perform all of the services in good and
professional manner and with reasonable speed and diligence. Delays
caused by City, or beyond the control of Consultant will be added to
the time to complete each phase.
1.11 In providing its services hereunder, Consultant shall not be
responsible for identification, handling, containment, abatement, or in
any other respect, for any asbestos or hazardous material if such
material is present in connection with the project. In the event that
City becomes aware of the presence of asbestos or hazardous materials
at the site, City shall be responsible for complying with all
applicable federal and state rules and regulations, and shall
immediately notify Consultant who shall then be entitled to cease any
of its services that may be affected by the presence of such materials,
without any liability to Consultant arising therefrom.
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EXHIBIT
EXHIBIT B
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INSURANCE SCHEDULE (CONSULTANT)
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The Consultant shall provide proof of insurance, including a standard certificate of insurance, in at least
4 the following amounts and coverage (combined single limit permitted):
Coverage and Limits
6 Bodily Iniury P=ertv Damage
Each Person Each Accident Each Accident
Automobile Liability
8 Owned Automobiles $ 500,000 $1,000,000 $ 500,000
9 Hired Automobiles $ 500,000 $1,000,000 $ 500,000
Non -Owned Autnmobi i :; j 500,000 $1.0 .000 500,000
10 orkers' Compensation hihu IM
li
Eml2loy&rs'Liabilitv $ 1,000' Winer gmploy&r
3.2 i1. General and Professional Liability
13 General Liability $1,000,000 $2,000,000 $1000,000
Premises Operations $1,000,000 $2,000,000 $1,000,000
14 Elevators (if applicable) $1,000,000 $2,000,000 $1,000,000
15 Independent Contractors $1,000,000 $2,000,000 $1,000,000
Products -+Completed Operations $1,000,000 $2,000,000 $1,000,000
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17 Professional Liability 000,000 $5,000,000— 5,000.000
18 a. The general liability policy shall contain the following special endorsements which shall be noted on or
attached to the standard certificate of insurance:
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1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds
20 under the policy.
21 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material
reduction of coverage.
22 3. An endorsement providing coverage for all operations under this Agreement.
23 4. Such other endorsement as may be required by addendum hereto.
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b. In addition to the standard certificate of insurance, proof of general and professional liability coverage
shall be fumished in the form checked below. Certification of the followin
g by the insz�raneP
25 anent or roker will not be acc pted:
26 _2L For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and
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statements in the standard certificate of insurance (attached thereto) are true and correct and that
the signator is an officer authorized to so certify.
28 A copy of each policy certified by an officer of the underwriter or carrier and notarized.
EXHIBIT B
SUPPORTING
DOCUMENTS
1 AGREEMENT FOR PROFESSIONAL, SERVICES
(CITY OFFICES ADDITION)
2
3 THIS AGREEMENT is made and entered into this day of
4 January, 2001
5 BY AND BETWEEN CITY OF VERNON, a municipal
corporation (hereinafter
6 referred to as "City")
7 4305 Santa Fe Avenue
Vernon, CA 90058-0805
8
AND BOYLE ENGINEERING CORPORATION,
9 a California corporation
10 (hereinafter referred to as
"Consultant")
it 1501 Quail Street
P.O. Box 3030
12 Newport Beach, CA 92658-9020
13 RECITALS:
14
15 WHEREAS, on October 5, 1993, the City and Consultant entered
16 into an Agreement for Professional Services in connection with the
17 construction of certain offices and parking adjacent to City Hall
18 (hereinafter referred to as the "Initial Agreement"); and
19 WHEREAS, the Initial Agreement was approved and adopted on
20 October 5, 1993; and
21 WHEREAS, the Initial Agreement was amended on December 20,
22 1994, October 17, 1995, March 26, 1996, November 5, 1996 and May 20, 199'
23 and approved, respectively, in Resolution Nos. 6565, 6698, 6759, 6881 anc
24 6960; and
25 WHEREAS, Consultant believes that the duration of the Initial
26 Agreement, as amended, has elapsed; and
27 WHEREAS, the City believes that the Initial Agreement, as
28 amended, is still in effect; and
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WHEREAS, the City desires to have Consultant continue
providing its professional services without interruption; and
WHEREAS, the City desires to enter into this Agreement to
ensure that Consultant will continue to provide professional services to
the City.
NOW, THEREFORE, IN CONSIDERATION OF MUTUAL COVENANTS,
PREMISES, AND CONDITIONS HEREIN SET FORTH, THE PARTIES HERETO AGREE AS
FOLLOWS:
SECTION 1: CONSULTANT SERVICES. Consultant agrees to
provide and perform the following professional services for City:
A. To act as the architectural and engineering
consultant to the City in connection with the project commonly referred
to as the "City Hall Expansion" (hereinafter referred to as the
I"Project").
B. Consultant shall perform all requested services in
their entirety as outlined in the attached description of services,
which is attached hereto as Exhibit "A," Scope of Services, and made a
part hereof by reference.
C. City shall have'the right to order changes in
working drawings, specifications, or engineering, prior to, during, or
after the completion of said Consultant's plans and specifications. If
said changes are of a minor nature (minor being defined as less than 4
hours of labor) or if said changes are due to mistakes on the part of
Consultant, such changes in the drawings shall be made without charge.
Any change in working drawings, specifications, or engineering, which
are not of a minor nature and which are due to no fault of Consultant
shall be paid for by City, in sufficient amount to reasonably
compensate Consultant for the additional labor and expense to him, or
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based upon Consultant's basic fee, whichever is the lesser amount.
D. Consultant shall furnish at his cost all blueprints
necessary to allow Consultant's subconsultants to perform their portion
of the project. Additional sets of plans and specifications for
construction purposes, so requested by City, shall be made and charged
to City at actual cost of reproduction
SECTION 2: TIME OF SERVICES. Consultant's services
herewith shall commence upon signing of the Agreement and shall extend
until the Project is completed.
SECTION 3: COMPENSATION.
A. For architectural services as described in Exhibit
"A," Scope of Services, the City agrees to pay Consultant as
compensation for its services a flat fee of Three Thousand Six Hundred
Thirty Dollars and No Cents ($3,630.00) per month.
SECTION 4: INDEMNIFICATION BY CONSULTANT. Consultant
shall indemnify and hold City harmless against any and all losses,
damages (including compensatory damages) and expenses (including court
costs and attorney fees) resulting from or arising out of claims,
demands, or lawsuits brought by third parties against City or Consultant
to the extent such claims, demands, or lawsuits result from Consultant's
negligent performance of the services under this Agreement,
unless such loss, damage, or expense resulted from the negligence of the
City, its officers, agents, or employees.
SECTION 5: INSURANCE.
A. Insurance Coverage: During the performance of this
Agreement Consultant shall maintain insurance coverage as set forth in
the Schedule of Insurance, which is attached hereto as Exhibit "B" and
(made a part hereof by reference.
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B. Proof of Insurance: Consultant shall file proof of
insurance with the City Clerk in accordance with the Schedule of
Ilnsurance.
SECTION 6: INDEPENDENT CONSULTANT. Consultant shall at
all times be an independent contractor and shall not be considered an
employee or agent of the City. Consultant may contract with
subconsultants as it so deems necessary.
SECTION 7: NOTICES. Any Notice required or permitted
hereunder shall be given by personal delivery or by first class mail,
postage prepaid. Notices sent by mail shall be deemed given three (3)
business days after being deposited postage prepaid in the United
States mail and addressed to the parties as follows:
CITY
CITY OF VERNON
ATTN: City Administrator
4305 Santa Fe Avenue
Vernon, CA 90058-0805
CONSULTANT
BOYLE ENGINEERING CORPORATION
ATTN: Allen J. Randall
1501 Quail Street
Newport Beach, CA 92660-2726
SECTION 8: ASSIGNMENT PROHIBITED. No party to this
Agreement may assign any right or obligation pursuant to this Agreement
except with the express written consent of the other party.
SECTION 9: MISCELLANEOUS PROVISIONS.
A. Fees and all other charges will be billed monthly as
the work progresses, on the basis of the percentage of work
accomplished. The net amount shall be due at the time of billing.
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 within
thirty (30) days of the billing date, payment thereafter to be applied
first to accrued interest and then to the principal 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.
F. Termination.
(1) This Agreement may be terminated by either
party upon thirty (30) days written notice if the other party fails
substantially to perform in accordance with its terms through no fault
of the party giving notice of the termination.
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(2) In the event of termination as set forth abovel
Iin Paragraph 1, Consultant shall be paid compensation for services
performed up to the termination date, including reimbursableexpenses
and payments for additional services then due and all termination
expenses. Termination expenses are defined as reimbursable expenses
directly attributable to termination, plus fifteen percent (15%) of the
total compensation earned to the time of termination.
G. City will require that the general contractor for
the project hold harmless, indemnify and defend City, Consultant, and
each of their directors, officers, agents and employees from any and
all liability, claims, losses, damage and costs, including attorneys'
fees, arising out of or alleged to arise from the general contractor's
performance of the work described in the construction contract
documents, but not including liability that may be due to the sole
negligence of City, Consultant, their directors, officers, agents and
employees.
H. City will require general contractor to provide
workers' compensation and commercial general liability insurance,
including completed operations and contractual liability, with the
latter coverage sufficient to insure the general contractor's
indemnity, as above required provided that (i) such insurance shall
include City, Consultant, and each of their directors, officers, agents
and employees as additional insureds, (ii) the insurance attoraea to
these additional insureds shall be primary insurance, and (iii) if the
additional insureds have other insurance which might be applicable to
any loss, the amount of the insurance provided under this section shall
not be reduced or prorated by the existence of such insurance.
1 IN WITNESS WHEREOF, the parties hereto have executed this
2 Agreement the date and year first above written.
3 CITY OF VERNON
4 By; ,
5 eEONIS C. MAL URG, M yor
ATTES
6 ""z �
7 BRUCE V. MALKENHORST, City Clerk
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AP OVED AS TO FO
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10 EDUARDO OLIVO, Ci ttorney
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12 BOYLE ENGINEERING CORPORATION
13 .
14 By.
Title:
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By:
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18 Title: J� crt�i�-/7/
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EXHIBIT
0
1 EXHIBIT A
2 SCOPE OF SERVICES
3 1. CONSTRUCTION AND ADMINISTRATION PHASE.
4 The Construction and Administration Phase will commence with the
5 award of the contract for construction and will terminate when the
6 final certificate of payment to the contractor is issued by Consultant
7 or, in the absence of a final certificate for payment, sixty (60) days
8 after the date of substantial completion of the work.
9 1.1 Consultant, including but not limited to, its structural,
10 mechanical, electrical engineers, interior designer, and landscape
11 architect shall inspect the project from time to time as the progress
12 thereof may require., shall make written reports thereon, and shall
13 endeavor, by project site visitations, to guard City against defects
14 and deficiencies in the work of the contractor and subcontractors.
15 Consultant does not guarantee the performance of such contractor and
16 subcontractors, and the services of Consultant herein do not include
17 continuous, on -site inspections or supervision.
18 1.2 Consultant, including but not limited to, its structural,
19 mechanical, electrical engineer, interior designer, and landscape
20 architect shall visit the project promptly whenever requested to do so
21 to assist in resolving problems.
22 1.3 Consultant shall arrange for and process all changes to the
23 plans and specifications by construction change directives and change
24 orders and shall distribute these in accordance with procedures
25 established by City.
26 1.4 Consultant shall review all shop drawings, samples of
27 materials and technical data submitted by the contractor. Consultant
28 shall regularly observe the work and interpret the plans and
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1 specifications for the contractor.
2 1.5 Consultant shall not be responsible for and shall not have
3 control or charge of construction means, methods, techniques, sequences
4 or procedures, or for safety precautions and programs in connection
5 with the project. Consultant shall not be responsible for or have
6 control or charge over the acts or omissions of the contractor,
7 subcontractors, or any of their agents or employees, or any other
8 persons performing any of the project, and shall not be responsible for
9 the failure of any of them to carry out the project in accordance with
10 the contract documents.
11 1.6 Consultant shall issue a monthly certificate for payment to
12 the contractor which shall constitute a representation by Consultant to
13 City, based upon his observations at the site and the data comprising
14 the contractor's application for payment, that the project has
15 progressed to the point indicated; and that, to the best of
16 Consultant's knowledge, information and belief, the quality of the work
17 is in accordance with the contract documents (subject to an evaluation
18 of the work for conformance with the contract documents). Consultant
19 shall recommend the amounts owing to the contractor based on on -site.
20 observations and on evaluations of the contractor's applications for
21 payment in such amounts, as provided in the contractor's cost schedule.
22 The accuracy of each application for payment shall remain the primary
23 responsibility of the contractor, and Consultant may presume it to be
24 accurate.
25 1.7 All interpretations and recommendations of Consultant shall be
26 consistent with the intent of and reasonably inferable from the
27 contract documents and shall be in writing or in the form of drawings.
28 In the capacity of interpreter and judge, Consultant shall endeavor to
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secure faithful performance by both City and the contractor, shall not
show partiality to either, and shall not be liable for the results of
any interpretation or decision rendered in good faith in such capacity.
1.8 Consultant shall review the work to determine the dates of
substantial completion and final completion, shall receive and forward
to City for City's review written warranties and related documents
required by the contract documents and assembled by the contractor, and
shall issue a final certificate for payment.
1.9 Consultant shall prepare and submit final as -constructed
plans to City. The plans shall be readily reproducible.
1.10 Consultant shall perform all of the services in good and
professional manner and with reasonable speed and diligence. Delays
caused by City, or beyond the control of Consultant will be added to
Ithe time to complete each phase.
1.11 In providing its services hereunder, Consultant shall not be
responsible for identification, handling, containment, abatement, or in
any other respect, for any asbestos or hazardous material if such
material is present in connection with the project. In the event that
City becomes aware of the presence of asbestos or hazardous materials
at the site, City shall be responsible for complying with all
applicable federal and state rules and regulations, and shall
immediately notify Consultant who shall then be entitled to cease any
of its services that may be affected by the presence of such materials,
without any liability to Consultant arising therefrom.
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