Resolution No. 79656
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RESOLUTION NO. 7965
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
BY AND .BETWEEN THE CITY OF VERNON AND CNC
ENGINEERING, INC. REGARDING THE 26T" STREET
EXTENSION PROJECT
WHEREAS, the City of Vernon is in the process of improving
the I-710 Atlantic/Bandini Interchange (the "Project") and, as part of
the Project, an extension of 26th Street over Atlantic and down to
Bandini to provide a bypass road is needed; and
WHEREAS, on March 31, 2001, the City Council of the City of
Vernon adopted Resolution 7732 approving a State Transportation
Improvement Programs letter agreement with the Metropolitan
Transportation Authority to secure the obligation of funds for the
lProject; and
WHEREAS, on April 18, 2001, the City Council of the City of
Vernon adopted Resolution No. 7748 adopting the Final Environmental
Impact Report for the Project; and
WHEREAS, on May 23, 2001, the City Council of the City of
(Vernon adopted Resolution No. 7770 approving a Cooperative Agreement
with the State of California, acting by and through its Department of
Transportation, setting forth the terms and conditions under which the
Project will be developed, designed and financed; and
WHEREAS, on July 18, 2001, the City Council of the City of
Vernon adopted Resolution No. 7805 authorizing the issuance of a
Request for Proposals for the preparation of plans, specifications and
estimates for improvements to 26th'Street, including the construction
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of a bridge over Atlantic Boulevard and the extension of 26th Street to
Bandini Boulevard ("26th Street Extension Project"), and plan review
for quality assurance and value engineering; and
WHEREAS, on February 27, 2002, the City Council of the City
of Vernon adopted Resolution No. 7907 approving an agreement with
DMJM+HARRIS to provide assistance in the design phase of the 26th
Street Extension Project; and
WHEREAS, staff sought proposals from qualified consultants
to provide plan check services for the 26th Street Extension Project;
and
WHEREAS, the Community Services & Water Department advises
that CNC Engineering, Inc. is the most qualified consultant that meets
the Department's specifications and requirements; and
WHEREAS, by letter dated May 2, 2002, Bruce V. Malkenhorst,
City Administrator/City Clerk, recommended that an agreement with CNC
Engineering, Inc. be executed; and
WHEREAS, the City Council of the City of Vernon has
determined that, pursuant to the provisions of subsection (a) of
Section 2.27 of the Vernon City Code, it is in the public interest and
necessity to enter into a plan check consulting agreement with CNC
Engineering, Inc. for quality assurance and value engineering.
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 Consulting Services with CNC
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Engineering, Inc., 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:
CNC Engineering, Inc.
Attn. Clement Cavillo, President
17 Corporate Plaza Drive, Suite 120
Newport Beach, CA 92660
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 8th day of May, 2002.
IATTEST:
IBRUCE V. MALKENHORST, City Clerk
EONIS C. MAL URG, M yor
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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.
7965, 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,
May 8, 2002, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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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.
7965, 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,
May 8, 2002, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
AV
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AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
THIS AGREEMENT is made, entered into and executed in
duplicate originals, either copy of which may be considered and used as
the original hereof for all purposes, as of this day of May,
2002, in the City of Vernon, California,
BY AND BETWEEN T
I Mm
RECITALS
HE CITY OF VERNON,
(hereinafter referred to as
"City")
4305 Santa Fe Avenue
Vernon, California 90058
CNC ENGINEERING, INC.
(hereinafter referred to as
"Consultant")
17 Corporate Plaza Drive, #120
Newport Beach, CA 92660
WHEREAS, the City desires to retain the services of a
consultant to provide plan review consulting services in connection
with the 26th Street Extension Project (the "Project"); and
WHEREAS, the City requested proposals from qualified
consultants to assist the City; and
WHEREAS, the Consultant submitted a proposal dated
September 5, 2001, as modified January 10, 2002 and March 6, 2002, to
the City which includes a description of the tasks that it would
perform and the attendant costs of each task, a copy of the March 6,
2002 Plan Review Tasks is attached hereto as Exhibit "A," and
'incorporated herein by reference as though fully set forth; and
WHEREAS, Consultant has advised the City that it is
qualified to perform such services under this Agreement; and
WHEREAS, the City has determined that Consultant has
1 demonstrated that it has the requisite competency and professional
2 qualifications and desires to engage the Consultant for the services
3 hereinafter described.
4 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
5 FORTH HEREIN:
6 I. SCOPE OF SERVICES.
7 The Consultant shall perform its services under the
general
8 supervision of the City Administrator and the Director of Community
9 Services and Consultant's scope of services shall be assigned by the
10 City Administrator and the Director of Community Services and include,
11 but not be limited to, the Plan Review Tasks identified in Exhibit "A."
12 Services not included in the Proposal, but which may be requested are:
13 partial review of plans and additional checked plan sheets beyond the
14 60 plan sheets estimated for the Project. It is understood and agreed
15 that in the event of a conflict between the Proposal and this
16 Agreement, the terms of this Agreement shall prevail.
17 2. PROGRESS REPORTS.
18 Consultant shall submit progress reports at least once a
19 month until the work hereunder is completed. Consultant shall meet
20' with City staff, upon City's request, or as needed, in order to
21 provide reports or information concerning the services being performed
22 by Consultant under this Agreement.
23 3. TIME OF PERFORMANCE.
24 Consultant's services shall commence upon the signing of the
25 Agreement by both parties and shall end when Consultant has completed
26 the work on the items in the Consultant's Plan Review Tasks, unless
27 the Agreement is otherwise terminated according to Section 11 of this
28 Agreement or extended upon the written agreement of both parties to
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1 this Agreement. Completion of the services to be performed by
2 Consultant is expected to be no later than October 31, 2002.
3 4. COMPENSATION.
4 A. Consulting Costs.
5 1. The City shall pay Consultant on a time and
6 material basis according to the fee schedule set forth in Exhibit "B."
7 Consultant will be paid a total not -to -exceed fee for 60 plan sheets
8 of Sixty -Eight Thousand Two Hundred Eighty Dollars and No Cents
9 ($68,280.00) and Three Thousand Five Hundred Dollars and No Cents
10 ($3,500.00) for the review of soil and foundation reports. This
11 includes miscellaneous expenses per plan sheet of mileage, delivery,
12 reproduction and meetings. The total amount to be paid to Consultant
13 under this Agreement is not to exceed Seventy -One Thousand Seven
14 Hundred Eighty Dollars and No Cents ($71,780.00).
15 If changes and extra services are requested by the
16 City pursuant to Section 9 of this Agreement, then the City shall pay
17 for those services on a time and material basis as set forth in
18 Exhibit "B."
19 B. Other Expenses. Expenses may only be billed if
20 advance written approval has been obtained from the City
21 Administrator.
22 C. Taxes. Consultant shall be solely responsible for
23 all applicable income taxes and assessments arising from providing
24 services under this Agreement, including but not limited to, corporate
25 and individual federal and state income taxes, social security taxes
26 (FICA), Medicare taxes, unemployment taxes and all other taxes and
27 assessments of every type and description due under this Agreement.
28 Consultant shall indemnify and hold harmless City from any claims,
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demands or litigation (including court costs and reasonable attorney's
fee) for the taxes, interest and any penalties related to the subject
taxes.
5. METHOD OF PAYMENT.
Consultant shall submit within thirty (30) days after the
last day of any month in which services have been performed or costs
incurred hereunder an invoice to the City for payment. Invoices shall
contain an itemization of services rendered, directly related job
expenses and subcontract charges incurred by Consultant for which
compensation is due, and an estimate of the percentage completed for
each milestone or task. Consultant shall be responsible for paying any
subcontractors used in the performance of this Agreement.
Subcontractors shall not bill the City directly.
Payment of the invoice shall be made after acceptance and
approval by the City within thirty (30) days of receipt. The City's
approval of the invoice shall not be unreasonably withheld.
6. PF.RfinNNFT.
Consultant agrees that all services provided will be
conducted by the principal and competent staff members, if any, under
the supervision of the principal, and that services will be performed
and rendered diligently. Consultant shall only perform additional
services during this time period when requested by the City
Administrator and the Director of Community Services. The Consultant
represents that it has, or shall secure at its own expense, all
personnel required to perform the Consultant's services under this
Agreement, but at all times shall be responsible for the services of
such personnel. The Consultant may not employ any sub -consultants
without the prior written approval of the City.
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7. INTERESTS OF CONSULTANT.
The Consultant affirms that it presently has no interest and
shall not have any interest, direct or indirect in any real property
in the City or any other interest, which would conflict in any manner
with performance of the services contemplated by this agreement. No
person having such interest shall be employed by or be associated with
the Consultant.
8. EQUAL EMPLOYMENT OPPORTUNITY.
During the performance of this Agreement, the Consultant
agrees as follows:
A. The Consultant will not discriminate against any
employee or applicant because of race, creed, sex, color or national
origin. The Consultant will take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment, without regards to their race, creed, sex, color or
national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other
form of form of compensation; and selection for training, including
apprenticeship. The Consultant agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be
provided by the City of the provisions of this nondiscrimination
clause.
B. The Consultant will, in all solicitations or
advertisements for employees placed by or on behalf of the Consultant,
state that all qualified applicants will receive consideration for
employment without regard to race, creed, color, sex or national
origin.
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1 C. The Consultant will cause the foregoing
2 provisions to be inserted in all subcontracts for any work covered by
3 this contract so that such provisions will be binding upon each
4 subcontractor, provided that the foregoing provisions shall not apply
5 to contracts for standard commercial supplies or raw materials.
6 D. The Consultant shall comply with all applicable
7 equal employment opportunity laws, regulations and orders. The
8 Consultant shall permit access to its books, records, and accounts by
9 the City and any other applicable public agency for purposes of
10 investigation to ascertain compliance with such laws, regulations, and
11 orders.
12 9. CHANGES AND EXTRA SERVICES.
13 The City reserves the right to request changes in the
14 services to be performed by Consultant. All such changes shall be
15 incorporated in written change orders executed by the City and
16 Consultant that shall specify the changes ordered and the parties shall
17 mutually negotiate an adjustment of compensation and completion time if
18 required thereof.
19 Any services added to the scope of this Agreement by a change
20 order shall be executed under all applicable conditions of this
21 Agreement. Consultant should be paid according to the fee schedule in
22 Exhibit "B." No claim for additional compensation for services or
23 extension of time shall be recognized unless contained in a duly
24 executed change order.
25 10. PRODUCTS OF CONSULTING.
26 All reports, plans, data, studies, maps, drawings, models,
27 photographs, documents and other writings prepared by and for
28 Consultant, its officers, employees, agents and subcontractors in the
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on
course of implementing this Agreement, with the exception of working
notes, internal documents and Confidential Information provided by
businesses located in City, shall be considered the property of City.
Consultant shall deliver such documents and materials to the City as
they are generated; however, Consultant may take and retain copies of
said documents and materials that are not Confidential Information, as
desired.
All reports, information, data and exhibits prepared or
assembled by the Consultant in connection with the performance of its
services pursuant to this Agreement are confidential until released by
the City to the public and the Consultant agrees that such documents
shall not be available to any individual or organization without the
written consent of the City prior to such release.
No reports, maps, or other documents produced in whole or in
part under this Agreement shall be the subject of an application for
copyright by or on behalf of the Consultant.
Any reuse of Consultant prepared documents, other than for
the specific purpose intended hereunder, will be at the City's sole
risk and without liability or legal exposure to Consultant or its
subcontractor. City shall indemnify and hold harmless Consultant from
all claims, damages, losses and expenses including attorney's fees
arising or resulting from such reuse.
11. TFRMTNATTONT Tt,; - r,.r,........._L
City without cause on thirty (30) days written notice to the
Consultant. The Consultant shall be entitled to the compensation
earned by it prior to the date of the termination notice, computed pro
rata up to and including that date, plus compensation for work
performed during the thirty -day notice period and authorized in the
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termination notice. Consultant may terminate this Agreement on twenty
(20) days written notice to the City if the City fails to pay
Consultant's invoice within forty-five (45) days of receipt by City;
provided, that the Agreement shall not be terminated if the City
issues payment within said twenty -day notice period.
In the event of termination, all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs
and reports prepared by Consultant under this Agreement shall, at the
option of City, become its property. Notwithstanding the foregoing,
Consultant shall not be relieved of liability to the City for damage
sustained by City by virtue of any breach of this Agreement by
Consultant.
12. NOTICES. Notices to the parties, unless otherwise
requested in writing, shall be sent to:
City: THE CITY OF VERNON
ATTN: BRUCE V. MALKENHORST
CITY ADMINISTRATOR
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
Consultant: CNC ENGINEERING, INC.
A CALIFORNIA CORPORATION
ATTN: CLEMENT CAVILLO, PRESIDENT
17 CORPORATE PLAZA DRIVE, SUITE 120
NEWPORT BEACH, CA 92660
13. CONFIDENTIAL INFORMATION.
A. Access to Confidential Information. The City may
provide Consultant with, or allow Consultant access to, certain
information not available to the public concerning the City, or
businesses located in the City. The information may include company
information, taxes, sales, value of assets, or other such information.
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1 All such information shall be known as "Confidential Information" and
2 may not be used to circumvent the responsibility of either party to
3 this Agreement.
4 B. No Disclosure. Except as expressly permitted,
5 Consultant shall not disclose, permit the disclosure of, release,
6 disseminate, or transfer, whether orally or by any other means, any
7 part of such Confidential Information to any other person or entity,
8 whether corporate, governmental, or individual, without the express
9 prior written consent of an authorized representative of the City.
10 Consultant shall return any written Confidential Information and all
11 copies made of such items to the City upon the City's written request,
12 but in any event not later than the date that Consultant has performed
13 all services to be performed pursuant to this Agreement. Consultant
14 hereby agrees that such Confidential Information and any documents
15 provided may be used by Consultant only as authorized by the City.
16 Consultant shall take reasonable measures to avoid any disclosure of
17 any such Confidential Information to any unauthorized person.
18 C. Court Ordered Disclosure. Consultant shall
19 immediately notify the City of any court order or subpoena requiring
20 disclosure of Confidential Information, and shall cooperate with legal
21 counsel in the appeal or challenge of any such order or subpoena.
22 Recipient may only disclose Confidential Information required to be
23 disclosed pursuant to court order or subpoena after legal counsel has
24 exhausted any lawful and timely appeal or challenge.
25 D. Remedies. In addition to any other remedies that
26 it may have at law or in equity, the City shall be entitled to a
27 temporary and permanent injunction by a court of competent
28 jurisdiction against any breach or threatened breach of the
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Confidential Information provisions of this Agreement. Consultant
acknowledges that in case of such breach or threatened breach of said
provisions, the City would have no adequate remedy at law.
14. GENERAL PROVTCTOXTC
A. Independent Contractor. At all times during the
term of this Agreement, Consultant shall be an independent contractor
and shall not be an employee of the City. The City shall have the
right to control Consultant only insofar as the results of Consultant's
services rendered pursuant to this Agreement; however, the City shall
not have the right to control the means by which Consultant
accomplishes services rendered pursuant to the Agreement except to the
extent that such services involve the use of City property or
Confidential Information.
B. Consultant Not Agent. Except as the City may
specify in writing, Consultant shall have no authority, express or
implied, to act on behalf of the City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied,
pursuant to this Agreement to bind the City to any obligation
whatsoever.
C. Indemnification. Consultant shall indemnify,
defend, protect and hold the City and its officers, agents and
employees, free and harmless from and against any and all claims,
demands, losses, damages, liabilities, fines, charges, penalties,
orders, judgments and all costs and expenses incurred in connection
therewith, including reasonable attorney's fees and costs of defense
arising out of or attributable to the negligent or wrongful acts of
Consultant or its subcontractors, employees or agents in the
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1 performance of services under this Agreement, except to the extent
2 arising from or caused by the sole active negligence or willful
3 misconduct of the City, its officers, agents or employees.
4 D. Insurance. Prior to commencing work hereunder,
5 the Consultant shall provide the City with proof of insurance
6 providing and maintaining the coverages and endorsements set forth in
7 the Insurance Schedule attached hereto as Exhibit "C" and made a part
8 hereof by reference. Said proof of insurance shall also provide that
9 said policy or policies shall not be canceled or materially reduced in
10 coverage without giving at least thirty (30) days prior written notice
11 to the City. If Consultant fails to provide proof of insurance
12 coverage as specified above, the City may, at its sole discretion,
13 terminate this Agreement immediately.
14 Consultant shall not permit a subcontractor or vendor
15 to perform work on City premises unless and until a certificate of
16 insurance is obtained showing that such subcontractor or vendor has
17 worker's compensation coverage. If Consultant employs subcontractors
18 as part of the services rendered, Consultant's protective coverage is
19 required. Consultant may include all subcontractors as insureds under
20 its own policy or shall furnish separate insurance for each
21 subcontractor, meeting the requirements set forth herein.
22. E. Governing Law. The validity, interpretation and
23 performance of this Agreement shall be controlled and construed under
24 the laws of the State of California as enacted and in force at the
25 time this Agreement is fully executed.
26 F. Assignment Prohibited. Consultant may not assign
27 any right or obligation pursuant to this Agreement except with the
28 express written consent of the City. Any other attempted or purported
1 assignment of any right or obligation pursuant to this Agreement shall
2 be void and of no effect.
3 G. Amendments. Except as may otherwise be
4 specifically provided herein, this Agreement may be modified or
5 amended only by a written document executed by both Consultant and the
6 City and approved as to form by the City Attorney.
7 H. Entire Agreement. This Agreement is the entire
8 agreement of the parties. Consultant represents that in entering into
9 this Agreement, it has not relied on any previous representations or
10 understandings of any kind or nature.
11 I. Benefit of Agreement. This Agreement shall bind
12 and benefit the parties hereto and their heirs, successors, and
13 permitted assigns.
14 J. Forum Selection. Any action brought relating to
15 this Agreement shall be brought and held exclusively in a State Court
16 in the County of Los Angeles, California.
17 K. Recitals. All recitals are incorporated by
18 reference.
19 L. Waiver. Any waiver at any time by either party of
20 its rights with respect to a default under this Agreement, or with
21 respect to any other matters arising in connection with this
22 Agreement, shall not be deemed a waiver with respect to subsequent
23 default or other matter.
24 M. Attorney's Fees. In the event that it becomes
25 necessary for either party to this Agreement to enforce any of the
26 provisions of this Agreement, the parties agree that a court of
27 competent jurisdiction may determine and fix reasonable attorney's
28 fees to be paid to the successful litigant.
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1 N. Force Ma'eure. Neither Party shall be considered
2 in to be in default in any of its obligations under this Contract when
3 a failure of performance shall be due to an uncontrollable force. The
4 term "uncontrollable force" shall mean any cause beyond the control of
5 the party affected, including, but not restricted to, flood,
6 earthquake, storm, fire, lightening, epidemic, war, riot, civil
7 disturbance or disobedience, labor dispute, labor material shortage,
8 sabotage, federal, state, or municipal action, statute, ordinance, or
9 regulation, embargoes of the United States Government or any other
10 government, which by exercise of due diligence such party could not
11 reasonably have been expected to avoid and by exercise of due
12 diligence has been unable to overcome. Either party rendered unable
13 to fulfill any of its obligations under this Agreement by reason of an
14 uncontrollable force, shall give written notice within five (5)
15 Business Days of such fact to the other party and shall exercise due
16 diligence to remove such inability with all reasonable dispatch.
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IN WITNESS WHEREOF, the parties have caused this Agreement tc
be executed by and through their authorized officers on the date, month
and year first written above.
1ATTEST:
IBRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
IEDUARDO OLIVO, City Attorney
M
CITY OF VERNON
LEONIS C. MALBURG, Mayor
CNC ENGINEERING, INC.,
A California Corporation
By:
Title: 7�Iav
By' �6C�
Title:
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EXHIBIT
VI&
AGNcRECEIVED E N G I N E E R I N G
Consullin9 Ci Mq 2002
March6,2002„ Eng'neerS $urveYOrS ��n�umtvCn..
Mr. Ali Nour, P.E.
City of Vernon
Utilities DepartmentCNC JOB No. 01-172
4305 Santa e Ave.
Vernon, CA 90058
.RE. Plan Check Services for the 261h Street Extension
Dear Ali; Protect
261hAttached for your further use is the modified scope of work for
that
Street Extension Project. The attached scope of work the plan check services for the
that CNC will "review k includes additional wording indicating
to the referenced projects. recommend for approval" reports, plans and other documents related
Please contact me if you have any questions or need additional information.
We look forward to working with you on this exciting project. P t
Sincerely,
CNC F- wr
G, [NC.
Ali Pakzad, P. )
Vice President `—SrSr.
p_r_oj�ect Manager
� 7 Corporate Plaza Orive Suite 120 Newport Beach California 92660 Phone 949.644 f505 Fax 949-644.219'
ACNC
E N G I N E E R I N G
L1, 9 e e, s S v 0, S
PLAN REVIEW TASKS
• Review and recommend for approval paving, soil and foundation report, retaining walls,
utilities, grading, drainage, striping, right-of-way, traffic signal modifications signing,
lighting, rail/highway operation facilities, bridge plans, traffic control, construction staging,
landscaping and irrigation, pump station, erosion control and components of any federal
demonstration project.
• Review and recommend for approval the Traffic Management Plans, traffic operation
conflicts, signal coordination and interconnects, and provide solutions to mitigate the
problems.
• Review and recommend for approval Plans for providing
residential properties within the project sphere f influence. roper access to the businesses and
• Review and recommend for approval Plans for providing adequate and meaningful signage
for each stage of the construction.
• Review and recommend for approval Plans for providing
traffic control devices on detours and traffic shifts. appropriate temporary striping and
• Identify construction staging conflicts.
• Review and recommend for approval Plans showing temporary haul road routes. Access
impact on operation and access to adjacent streets.
• Review and recommend for approval alternate routes Plans and detours.
• Review and recommend for approval Plans showing the sequence of construction compatible
with the existing traffic patterns.
• Review and recommend for approval Plans for providing adequate measures for Rail Road
operations during construction.
• Identify Safety issues and make appropriate recommendations.
• Identify Environmental issues and make appropriate recommendations.
• Enforce Consistency with Conditions of Approval.
• Enforce compliance with Caltrans and agency codes, ordinances and standards.
Corporate Plaza Drive • Suite 120 • Newport Beach • California • 92660 • Phone 949 644- 1505 • Fax 949 644 2 19 f
• Maintain a complete Plan review package.
• Attend design review meeting and coordination meetings (if requested).
• Assist the City staff in resolving traffic operation and construction staging issues.
AC N C
E N G I N E E R I N G
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EXHIBIT
A i
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I EXHIBIT C
2 INSURANCE SCHEDULE (CONSULTANT)
3 Consultant shall provide proof of insurance, including a standard certificate of insurance, in at least the
4 following amounts and coverage (combined single limit permitted):
5 1. Coverage and Limits
BodilyIInjury Property Damage
6 Hazards Each Person Each Accident Each Accident
7 Automobile Liability
Owned Automobiles $ 500,000 $1,000,000 $ 500,000
8 Hired Automobiles $ 500,000 $1,000,000 $ 500,000
9 Non -Owned Automobiles $ 500,000 $1 000 000 $ 500,000
Workers' Compensation $ Statutory
10 Employers' Liability $1 000 000 per employer
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12 II. General and Professional Liability
General Liability $1,000,000 $2,000,000 $1,000,000
13 Independent Contractors $1,000,000 $2,000,000 $1,000,000
14 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000
Contract Liability $1,000,000 $2,000,000 $1,000,000
15 Professional Liability $2,000,000 $2,000,000 $2,000,000
16 a. The general liability policy shall contain the following special endorsements which shall be noted on or
17 attached to the standard certificate of insurance:
18 1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds under
19 the policy.
2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material
20 reduction of coverage.
3. An endorsement providing coverage for all operations under this Agreement.
21 4. Such other endorsement as may be required by addendum hereto.
22
b. In addition to the standard certificate of insurance, proof of general and professional liability coverage
23 shall be furnished in the form checked below. Only certification of the following proofs will be
accepted:
24
25 X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and
26 statements in the standard certificate of insurance (attached thereto) are true and correct and that
the signator is an officer authorized to so certify.
27
28 — A copy of each policy certified by an officer of the underwriter or carrier and notarized.
EXHIBIT "C"
SUPPORTING
DOCUMENTS
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AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
THIS AGREEMENT is made, entered into and executed in
duplicate originals, either copy of which may be considered and used as
the original hereof for all purposes, as of this $ day of May,
2002, in the City of Vernon, California,
BY AND BETWEEN THE'CITY OF VERNON
UM
(hereinafter referred to as
"City")
4305 Santa Fe Avenue
Vernon, California 90058
CNC ENGINEERING, INC.
(hereinafter referred to as
"Consultant")
17 Corporate Plaza Drive, #120
Newport Beach, CA,.92660
WHEREAS, the City desires to retain the services of a
consultant to provide plan review consulting services in connection
with the 26th Street Extension Project (the "Project"); and
WHEREAS, the City requested proposals from qualified
consultants to assist the City; and
WHEREAS, the Consultant submitted a proposal dated
September 5, 2001, as modified January 10, 2002 and March 6, 2002, to
the City which includes a description of the tasks that it would
perform and the attendant costs of each task, a copy of the March 6,
2002 Plan Review Tasks is attached hereto as Exhibit "A," and
incorporated herein by reference as though fully set forth; and
WHEREAS, Consultant has advised the City that it is
qualified to perform such services under this Agreement; and
WHEREAS, the City has determined that Consultant has
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demonstrated that it has the requisite competency and professional
qualifications and desires to engage the Consultant for the services
hereinafter described.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
FORTH HEREIN:
I. SCOPE OF SERVICES.
The Consultant shall perform its services under the general
supervision of the City Administrator and the Director of Community
Services and Consultant's scope of services shall be assigned by the
City Administrator and the Director of Community Services and include,
but not be limited to, the Plan Review Tasks identified in Exhibit "A."
Services not included in the Proposal, but which may be requested are:
partial review of plans and additional checked plan sheets beyond the
60 plan sheets estimated for the Project. It is understood and agreed
that in the event of a conflict between the Proposal and this
Agreement, the terms of this Agreement shall prevail.
2. PROGRESS REPORTS.
Consultant shall submit progress reports at least once a
month until the work hereunder is completed. Consultant shall meet
with City staff, upon City's request, or as needed, in order to
provide reports or information concerning the services being performed
by Consultant under this Agreement.
3. TIME OF PERFORMANCE.
Consultant's services shall commence upon the signing of the
Agreement by both parties and shall end when Consultant has completed
the work on the items in the Consultant's Plan Review Tasks, unless
the Agreement is otherwise terminated according to Section 11 of this
(Agreement or extended upon the written agreement of both parties to
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� T a
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this Agreement. Completion of the services to be performed by
Consultant is expected to be no later than October 31, 2002:
4. COMPENSATION.
A. Consulting Costs.
1. The City shall pay Consultant on a time and
material basis according to the fee schedule set forth in Exhibit "B."
Consultant will be paid a total not -to -exceed fee for 60 plan sheets
of Sixty -Eight Thousand Two Hundred Eighty Dollars and No Cents
($68,280.00) and Three Thousand Five Hundred Dollars and No Cents
($3,500.00) for the review of soil and foundation reports. This
includes miscellaneous expenses per plan sheet of mileage, delivery,
reproduction and meetings. The total amount to be paid to Consultant
under this Agreement is not to exceed Seventy -One Thousand Seven
Hundred Eighty Dollars and No Cents ($71,780.00).
If changes and extra services are requested by the
City pursuant to Section 9 of this Agreement, then the City shall pay
for those services on a time and material basis as set forth in
Exhibit
B. Other Expenses. Expenses may only be billed if
advance written approval has been obtained from the City
lAdministrator.
C. Taxes. Consultant shall be solely responsible for
all applicable income taxes and assessments arising from providing
services under this Agreement, including but not limited to, corporate
and individual federal and state income taxes, social security taxes
(FICA), Medicare taxes, unemployment taxes and all other taxes and
assessments of every type and description due under this Agreement.
Consultant shall indemnify and hold harmless City from any claims,
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demands or litigation (including court costs and reasonable attorney's
fee) for the taxes, interest and any penalties related to the subject
11taxes.
5. METHOD OF PAYMENT.
Consultant shall submit within thirty (30) days after the
last day of any month in which services have been performed or costs
incurred hereunder an invoice to the City for payment. Invoices shall
contain an itemization of services rendered, directly related job
expenses and subcontract charges incurred by Consultant for which
compensation is due, and an estimate of the percentage completed for
each milestone or task. Consultant shall be responsible for paying any
subcontractors used in the performance of this Agreement.
Subcontractors shall not bill the City directly.
Payment of the invoice shall be made after acceptance and
approval by the City within thirty (30) days of receipt. The City's
approval of the invoice shall not be unreasonably withheld.
6. PERSONNEL.
Consultant agrees that all services provided will be
conducted by the principal and competent staff members, if any, under
the supervision of the principal, and that services will be performed
and rendered diligently. Consultant shall only perform additional
services during this time period when requested by the City
Administrator and the Director of Community Services. The Consultant
Irepresents that it has, or shall secure at its own expense, all
personnel required to perform the Consultant's services under this
Agreement, but at all times shall be responsible for the services of
such personnel. The Consultant may not employ any sub -consultants
without the prior written approval of the City.
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7. INTERESTS OF CONSULTANT.
The Consultant affirms that it presently has no interest and
shall not have any interest, direct or indirect in any real property
in the City or any other interest, which would conflict in any manner
with performance of the services contemplated by this agreement. No
person having such interest shall be employed by or be associated with
the Consultant.
8. EQUAL EMPLOYMENT OPPORTUNITY.
During the performance of this Agreement, the Consultant
agrees as follows:
A. The Consultant will not discriminate against any
employee or applicant because of race, creed, sex, color or national
origin. The Consultant will take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment, without regards to their race, creed, sex, color or
national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other
form of form of compensation; and selection for training, including
apprenticeship. The Consultant agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be
provided by the City of the provisions of this nondiscrimination
Iclause.
B. The Consultant will, in all solicitations or
advertisements for employees placed by or on behalf of the Consultant,
state that all qualified applicants will receive consideration for
employment without regard to race, creed, color, sex or national
origin.
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C. The Consultant will cause the foregoing
provisions to be inserted in all subcontracts for any work covered by
this contract so that such provisions will be binding upon each
subcontractor, provided that the foregoing provisions shall not apply
to contracts for standard commercial supplies or raw materials.
D. The Consultant shall comply with all applicable
equal employment opportunity laws, regulations and orders. The
Consultant shall permit access to its books, records, and accounts by
the City and any other applicable public agency for purposes of
investigation to ascertain compliance with such laws, regulations, and
orders.
9. CHANGES AND EXTRA SERVICES.
The City reserves the right to request changes in the
services to be performed by Consultant. All such changes shall be
incorporated in written change orders executed by the City and
Consultant that shall specify the changes ordered and the parties shall
mutually negotiate an adjustment of compensation and completion time if
required thereof.
Any services added to the scope of this Agreement by a change
order shall be executed under all applicable conditions of this
Agreement. Consultant should be paid according to the fee schedule in
Exhibit "B." No claim for additional compensation for services or
extension of time shall be recognized unless contained in a duly
executed change order.
10. PRODUCTS OF CONSULTING.
All reports, plans, data, studies, maps, drawings, models,
photographs, documents and other writings prepared by and for
Consultant, its officers, employees, agents and subcontractors in the
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course of implementing this Agreement, with the exception of working
notes, internal documents and Confidential Information provided by
businesses located in City, shall be considered the property of City.
Consultant shall deliver such documents and materials to the City as
they are generated; however, Consultant may take and retain copies of
said documents and materials that are not Confidential Information, as
desired.
All reports, information, data and exhibits prepared or
assembled by the Consultant in connection with the performance of its
services pursuant to this Agreement are confidential until released by
the City to the public and the Consultant agrees that such documents
shall not be available to any individual or organization without the
written consent of the City prior to such release.
No reports, maps, or other documents produced in whole or in
)art under this Agreement shall be the subject of an application for
,opyright by or on behalf of the Consultant.
Any reuse of Consultant prepared documents, other than for
the specific purpose intended hereunder, will be at the City's sole
risk and without liability or legal exposure to Consultant or its
subcontractor. City shall indemnify and hold harmless Consultant from
all claims, damages, losses and expenses including attorney's fees
arising or resulting from such reuse.
11. TERMINATION. This Agreement may be terminated by the
City without cause on thirty (30) days written notice to the
Consultant. The Consultant shall be entitled to the compensation
earned by it prior to the date of the termination notice, computed pro
rata up to and including that date, plus compensation for work
performed during the thirty -day notice period and authorized in the
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termination notice. Consultant may terminate this Agreement on twenty
(20) days written notice to the City if the City fails to pay
Consultant's invoice within forty-five (45) days of receipt by City;
provided, that the Agreement shall not be terminated if the City
issues payment within said twenty -day notice period.
In the event of termination, all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs
and reports prepared by Consultant under this Agreement shall, at the
option of City, become its property. Notwithstanding the foregoing,
Consultant shall not be relieved of liability to the City for damage
sustained by City by virtue of any breach of this Agreement by
Consultant.
12. NOTICES. Notices to the parties, unless otherwise
requested in writing, shall be sent to:
City: THE CITY OF VERNON
ATTN: BRUCE V. MALKENHORST
CITY ADMINISTRATOR
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
Consultant: CNC ENGINEERING, INC.
A CALIFORNIA CORPORATION
ATTN: CLEMENT CAVILLO, PRESIDENT
17 CORPORATE PLAZA DRIVE, SUITE 120
NEWPORT BEACH, CA 92660
13. CONFIDENTIAL INFORMATION.
A. Access to Confidential Information. The City may
provide Consultant with, or allow Consultant access to, certain
information not available to the public concerning the City, or
businesses located in the City. The information may include company
information, taxes, sales, value of assets, or other such information.
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1 All such information shall be known as "Confidential Information" and
2 may not be used to circumvent the responsibility of either party to
3 this Agreement.
4 B. No Disclosure. Except as expressly permitted,
5 Consultant shall not disclose, permit the disclosure of, release,
6 disseminate, or transfer, whether orally or by any other means, any
7 part of such Confidential Information to any other person or entity,
8 whether corporate, governmental, or individual, without the express
9 prior written consent of an authorized representative of the City.
10 Consultant shall return any written Confidential Information and all
11 copies made of such items to the City upon the City's written request,
12 but in any event not later than the date that Consultant has performed
13 all services to be performed pursuant to this Agreement. Consultant
14 hereby agrees that such Confidential Information and any documents
15 provided may be used by Consultant only as authorized by the City.
16 Consultant shall take reasonable measures to avoid any disclosure of
17 any such Confidential Information to any unauthorized person.
18 C. Court Ordered Disclosure. Consultant shall
19 immediately notify the City of any court order or subpoena requiring
20 disclosure of Confidential Information, and shall cooperate with legal
21 counsel in the appeal or challenge of any such order or subpoena.
22 Recipient may only disclose Confidential Information required to be
23 disclosed pursuant to court order or subpoena after legal counsel has
24 exhausted any lawful and timely appeal or challenge.
25 D. Remedies. In addition to any other remedies that
26 it may have at law or in equity, the City shall be entitled to a
27 temporary and permanent injunction by a court of competent
28 jurisdiction against any breach or threatened breach of the
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Confidential Information provisions of this Agreement. Consultant
acknowledges that in case of such breach or threatened breach of. said
provisions, the City would have no adequate remedy at law.
14. GENERAL PROVISIONS.
A. Independent Contractor. At all times during the
term of this Agreement, Consultant shall be an independent contractor
and shall not be an employee of the City. The City shall have the
right to control Consultant only insofar as the results of Consultant's
services rendered pursuant to this Agreement; however, the City shall
not have the right to control the means by which Consultant
accomplishes services rendered pursuant to the Agreement except to the
extent that such services involve the use of City property or
Confidential Information.
B. Consultant Not Agent. Except as the City may
specify in writing, Consultant shall have no authority, express or
implied, to act on behalf of the City in any capacity whatsoever as an
agent. Consultant shall have no authority,, express or implied,
pursuant to this Agreement to bind the City to any obligation
(whatsoever.
C. Indemnification. Consultant shall indemnify,
defend, protect and hold the City and its officers, agents and
employees, free and harmless from and against any and all claims,
demands, losses, damages, liabilities, fines, charges, penalties,
orders, judgments and all costs and expenses incurred in connection
therewith, including reasonable attorney's fees and costs of defense
arising out of or attributable to the negligent or wrongful acts of
Consultant or its subcontractors, employees or.agents in the
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(performance of services under this Agreement, except to the extent
arising from or caused by the sole active negligence or willful
misconduct of the City, its officers, agents or employees.
D. Insurance. Prior to commencing work hereunder,
the Consultant shall provide the City with proof of insurance
providing and maintaining the coverages and endorsements set forth in
the Insurance Schedule attached hereto as Exhibit "C" and made a part
hereof by reference. Said proof of insurance shall also provide that
said policy or policies shall not be canceled or materially reduced in
coverage without giving at least thirty (30) days prior written notice
to the City. If Consultant fails to provide proof of insurance
coverage as specified above, the City may, at its sole discretion,
terminate this Agreement immediately.
Consultant shall not permit a subcontractor or vendor
to perform work on City premises unless and until a certificate of
insurance is obtained showing that such subcontractor or vendor has
worker's compensation coverage. If Consultant employs subcontractors
as part of the services rendered, Consultant's protective coverage is
required. Consultant may include all subcontractors as insureds under
its own policy or shall furnish separate insurance for each
subcontractor, meeting the requirements set forth herein.
E. Governing Law. The validity, interpretation and
performance of this Agreement shall be controlled and construed under'
the laws of the State of California as enacted and in force at the
time this Agreement is fully executed.
F. Assignment Prohibited. Consultant may not assign
any right or obligation pursuant to this Agreement except with the
express written consent of the City. Any other attempted or purported
1 assignment of any right or obligation pursuant to this Agreement shall
2 be void and of no effect.
3 G. Amendments. Except as may otherwise be
4 specifically provided herein, this Agreement may be modified or
5 amended only by a written document executed by both Consultant and the
6 City and approved as to form by the City Attorney.
7 H. Entire Agreement. This Agreement is the entire
8 agreement of the parties. Consultant represents that in entering into
9 this Agreement, it has not relied on any previous representations or
10 understandings of any kind or nature.
11 I. Benefit of Agreement. This Agreement shall bind
12 and benefit the parties hereto and their heirs, successors, and
13 permitted assigns.
14 J. Forum Selection. Any action brought relating to
15 this Agreement shall be brought and held exclusively in a State Court
16 in the County of Los Angeles, California.
17 K. Recitals. All recitals are incorporated by
18 reference.
19 L. Waiver. Any waiver at any time by either party of
20 its rights with respect to a default under this Agreement, or with
21 respect to any other matters arising in connection with this
22 Agreement, shall not be deemed a waiver with respect.to subsequent
23 default or other matter.
24 M. Attorney's Fees. In the event that it becomes
25 necessary for either party to this Agreement to enforce any of the
26 provisions of this Agreement, the parties agree that a court of
27 competent jurisdiction may determine and fix reasonable attorney's
28 fees to be paid to the successful litigant.
12
1 N. Force Majeure. Neither Party shall be considered
2 in to be in default in any of its obligations under this Contract when
3 a failure of performance shall be due to an uncontrollable force. The
4 term "uncontrollable force" shall mean any cause beyond the control of
5 the party affected, including, but not restricted to, flood,
6 earthquake, storm, fire, lightening, epidemic, war, riot, civil
7 disturbance or disobedience, labor dispute, labor material shortage,
8 sabotage, federal, state, or municipal action, statute, ordinance, or
9 regulation, embargoes of the United States Government or any other
10 government, which by exercise of due diligence such party could not
11 reasonably have been expected to avoid and by exercise of due
12 diligence has been unable to overcome. Either party rendered unable
13 to fulfill any of its obligations under this Agreement by reason of an
14 uncontrollable force, shall give written notice within five (5)
15 Business Days of such fact to the other party and shall exercise due
16 diligence to remove such. inability with all reasonable dispatch.
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IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed by and through their authorized officers on the date, month
and year first written above.
CITY OF VERNON
By:Z'
ATTE LEONIS C. MAL URG, Ma or
BRUCE V. MALKENHORST, City Clerk
APP D AS TO FORM•
EDUARDO OLIVO, City Attorney
CNC ENGINEERING, INC.,
A California Corporation
By:
Title: )r�Ouer—
BY :
Title:
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• RCN � • •
C C'E,VED
ENGINEERIN G �
Con Suttin9 Civil Comm
���ices
Z
March6 En9 veers Sury Comma .
�2002 eYOrS
Mr. Ali Nour, P.E.
City of Vernon
Utilities D CNC JOB No. 01-172
ent
4305 Sant Fe Ave.
Vernon, CA 90058
RE: Plan Check Services for the 26`h Street Exte
nsion Project
Dear Ali:
Attached for your further use is the modified scope of work for t
26`h Street Extension Project. The attached scope of work includes
he plan check services for the
that CNC will "review and recommend for approval" reports additional wording indicating
to the referenced project. ,Pans and other documents related
Please contact me if you have any questions or need additional
ditional information.
We look forward to working with you on this exciting project.
Sincerely,
CNC
INC.
11, — —C
Ali Pakzad, P.
Vice President — Sr. Project Manager
1 7 Corporate Plaza Drive Suite 120 1 Newport Beach California 92660 Phone 949.644-1505 Fax 949-644-219•
M ACNC
E N G I N E E R I N G
^ 9, r, e e r s S .. v o ,ors
PLAN REVIEW TASKS
• Review and recommend for approval paving, soil and foundation report, retaining walls,
utilities, grading, drainage, striping, right-of-way, traffic signal modifications, signing, street
lighting, raiUhighway operation facilities, bridge plans, traffic control, construction staging,
landscaping and irrigation, pump station, erosion control and components of any federal
demonstration project.
• Review and recommend for approval the Traffic Management Plans, traffic operation
conflicts, signal coordination and interconnects, and provide solutions to mitigate the
problems.
• Review and recommend for approval Plans for providing proper access to the businesses and
residential properties within the project sphere of influence.
• Review and recommend for approval Plans for providing adequate and meaningful signage
for each stage of the construction.
• Review and recommend for approval Plans for providing appropriate temporary
traffic control devices on detours and traffic shifts. P any striping and
• Identify construction staging conflicts.
• Review and recommend for approval Plans showing temporary haul road routes. Access
impact on operation and access to adjacent streets.
• Review and recommend for approval alternate routes Plans and detours. -
• Review and recommend for approval Plans -showing the sequence of construction compatible
with the existing traffic patterns.
• Review and recommend for approval Plans for providing adequate measures for Rail Road
operations during construction.
• Identify Safety issues and make appropriate recommendations.
• Identify Environmental issues and make appropriate recommendations.
• Enforce Consistency with Conditions of Approval.
• Enforce compliance with Caltrans and agency codes, ordinances and standards.
17 Corpo,ate Ptaza Drive • Suite 120 1 Newport Beach • Cat,lorn,a • 92660 • Phone 949-644.1505 • fax 949-644-2191
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EXHIBIT C
INSURANCE SCHEDULE (CONSULTANT)
Consultant shall provide proof of insurance, including a standard certificate of insurance, in at least the
following amounts and coverage (combined single limit permitted):
I' Coverage and Limits
Bodily Injury Property Damage
Hazards Each Person Each Accident Each Accident
Automobile Liability
Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Hired - Automobiles $ 500,000 $1,000,000 $ 500,000
Non -Owned Automobiles $ 500 000 $1 000 000 $ 500 000
Workers' Compensation $ Statutory
Employers' Liabilitv $1 000 OOn er emplo,r
II. General and Professional Liability
General Liability
$1,000,000
$2,000,000
$1,000,000
Independent Contractors
$1,000,000
$2,000,000
$1,000,000
Products - Completed Operations
$1,000,000
$2,000,000
$1,000,000
Contract Liabilitv
$1 000 000
$2 000,000
$1,000,000
Professional Liability
$2 Orin 000
$2,000 000
$2,000,000
a. The general liability policy shall contain the following special endorsements which shall be noted on or
attached to the standard certificate of insurance:
1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds c
the policy.
2. An endorsement providing the City of Vernon thirty. (30) days notice of cancellation or material
reduction of coverage.
3. An endorsement providing coverage for all operations under this Agreement.
4. Such other endorsement as may be required by addendum hereto.
b. In addition to the standard certificate of insurance, proof of general and professional liability coverage
shall be furnished in the form checked below. Only certification of the following_ proofs will be
accepted:
X For each policy, a notarized letter from the underwriter or carver certifying that the coverage and
statements in the standard certificate of insurance (attached thereto) are true and correct and that
the signator is an officer authorized to so certify.
A copy of each policy certified by an officer of the underwriter or carrier and notarized.
EXHIBIT