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Resolution No. 79711 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7971 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT NO. ONE TO THE AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES (FIRE STATION NO. 2 - RENOVATION) BY AND BETWEEN THE CITY OF VERNON AND RRM DESIGN GROUP WHEREAS, on February 27, 2002, the City Council of the City of Vernon adopted Resolution No. 7914 approving and authorizing the execution of an Agreement for Professional Consulting Services (the "Agreement") with RRM Design Group ("RRM") for architectural and engineering services respecting the remodeling and renovation of Vernon Fire Station No. 2; and WHEREAS, the City of Vernon and RRM desire to amend the Agreement to provide for additional work tasks and compensation for surveying services in order to create a base map for the remodeling; Iand WHEREAS, the.City of Vernon wishes to clarify Section IV of the Agreement respecting the costs and expenses payable to RRM; and - WHEREAS, in accordance with Sections VI and X.8 of the Agreement, the City of Vernon and RRM desire to amend the Agreement to incorporate additional scope of work services and the adjustment of compensation and completion time required therefor and to clarify compensation; and WHEREAS, by letter dated May 16, 2002, Bruce V. Malkenhorst, City Administrator/City Clerk, has recommended that an amendment to the Agreement be approved and executed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Amendment No. One to the Agreement for Professional Consulting Services with RRM, 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 Amendment 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 Amendment to: RRM DESIGN GROUP ATTN: MARY MCGRATH, SENIOR VICE PRESIDENT 3765 S. HIGUERA STREET, SUITE 102 SAN LUIS OBISPO, CA 93401 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 22"d day of May, 2002. ATTEST: BRUCE V. MALKENHORST, City Clerk LEONIS C. MALB RG, Ma or - 2 - 1 STATE OF CALIFORNIA )' 2 ) ss COUNTY OF LOS ANGELES ) 3 41, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do 5 hereby certify that the foregoing Resolution, being Resolution No. 6 7971, was duly adopted by the City Council of the City of Vernon at an 7 adjourned regular meeting of the City Council duly held on Wednesday, 8 May 22, 2002, and thereafter was duly signed by the Mayor of the City 9 of Vernon. 10 11 BRUCE V. MALKENHORST, City Clerk 12 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 - EXHIBIT A l 2' 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AMENDMENT NO. ONE TO THE AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES (FIRE STATION NO. 2 - RENOVATION) THIS AMENDMENT NO. ONE TO THE AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES (FIRE STATION NO. 2 - RENOVATION) (the "Amendment") 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. BY AND BETWEEN THE CITY OF VERNON, a municipal corporation (hereinafter referred to as the "City") 4305 Santa Fe Avenue Vernon, California 90058 AND RRM DESIGN GROUP (hereinafter referred to as "Consultant") 3765 S. Higuera Street, Suite 102 San Luis Obispo, CA 93401 RECITALS WHEREAS, the City and Consultant are parties to an Agreement for Professional Consulting Services dated on or about February 27, 2002 (hereinafter referred to as the "Agreement") for architectural and engineering services respecting the remodeling and renovation of Vernon Fire Station No. 2; and WHEREAS, the City and Consultant desire to amend the Agreement to provide for additional work tasks and compensation for surveying services to create a base map for the remodeling and to clarify the costs and expenses payable to Consultant under the Agreement; and WHEREAS, Section VI of the Agreement allows for changes and additions to the services to be performed by Consultant, the scope of 0 1 the Agreement and the adjustment of compensation and completion time 2 required thereof; and 3 WHEREAS, Section X.8 of the Agreement provides for amendments 4 and modifications to the Agreement. 5 NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS, 6 THE PARTIES HERETO AGREE AS FOLLOWS: 7 SECTION 1: In addition to the services outlined in the SCOPE 8 OF SERVICES section of the Agreement, Consultant shall perform the 9 surveying services as outlined in the April 2, 2002 Proposal for 10 Surveying Services, a copy of which is attached hereto as Exhibit "A-1" 11 and incorporated herein by reference. All such work tasks undertaken 12 by Consultant shall be on an as -needed basis and shall be completed at 13 the direction of the City. 14 SECTION 2: Section IV of the Agreement entitled 15 "COMPENSATION," is hereby amended to read.as follows: 16 1. Consulting Costs. The City will pay Consultant on a 17 time -and -materials basis according to the Fee Schedule, a copy of which 18 is attached as Exhibit "B" to the Agreement dated February 27, 2002. 19 The total amount to be paid to Consultant under the February 27, 2002 20 Agreement for consulting services, regardless of any changes in the Fee 21 Schedule, shall not exceed One Hundred Twenty -Two Thousand Four Hundred 22 Fifty Dollars and No Cents ($122,450.00). 23 In addition to the compensation to be paid to Consultant 24 under the Agreement, the City will pay Consultant on a time -and- 25 materials basis according to the Fee Schedule set forth in Exhibit "B" 26 of the Agreement to perform surveying services to create a base map for 27 remodeling. The total amount to be paid to Consultant for said 28 2 - u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 surveying services under this Amendment No. One shall not exceed the estimated amount of Two Thousand Dollars and No Cents ($2,000.00) as set forth in the attached Exhibit "A." 2. Expenses. In addition to the payment for consulting services, reimbursable and reproduction expenses identified in Exhibit "B" will be paid and may only be billed in accordance with the terms set forth in Exhibit "B." Any other expenses not identified in the Agreement or this Amendment No. One may only be billed if advance written approval has been obtained from the City Administrator. SECTION 2: In all other respects, the terms and conditions of the Agreement shall be renewed in its entirety, IN WITNESS WHEREOF, City and Consultant have executed this Amendment as of the date first hereinabove set forth. CITY OF VERNON (ATTEST: BRUCE V. MALKENHORST, City Clerk JAPPROVED AS TO FORM: EDUARDO OLIVO, City Attorney ME LEONIS C. MALBURG, Mayor RRM DESIGN GROUP By. Nam wwe!��- Alw"" Name: - 3 - EXHIBIT A-1 RRM DESIGN GROUP Architecture - Planning - Engineering - Surveying interiors - Landscape Architecture EMPLOYEERATES\Mger Principal Principal Planner, Lic Project Architect, ProSenior Planner,Job Captain, Senior Surveyor, Technician, Associate P Designer Assistant Planner, Support Staff $120 to $160 yor, Civil / Traffic Engineer $ 70 to $130 Landscape Architect, Services $ 60 to $120 ner, CAD Operator $50to$85 $ 45 to $ 85 $30to$85 $20to$85 Engineering Field Licensed Surveyor $ 75 to $100 2-person Survey C $120 to $165 3-person Survey ew $150 t o $220 GPS/Robotic rveltCrew $ 90 to $120 $155 Hourly rates vary according to loyee experience and proficiency, and may be adjusted from fim time to reflect current costs and changes in employee classifications. Hourly rates for rt witness services or depositions shall be subject to a pre of 2x the standard hourly rate. Overtime, for hourly employees if requested, shall be ch at 1.5x the standard hourly rate, depending upon the a oyee wage multiplier required by law. RRM Design Group agrees to strive tiNperform the services set forth in this Agreement i ccordance with generally accepted professional practice, as applicable, in the same or similar localit , at the time the services are performed. RR esign Group's services shall riot be subject to any express or implied warranties whatsoever. SUBCONSULTANT EXPENSES. The fee for subconsult s of RRM Design Group is at expenses. Typical subconsuttants may include: Structural Engineer \fromth Mechanical Engineer Electrical Engineer Client recognizes that site and subsurface conditions may va that site and subsurface conditions may change with time. Data, integ information avai table to RRM Design Group from appropriate subcon, interpretations or recommendations itself. RRM Design Group shall be responsible for other parties' interpretations or use of the information deve cost plus 10% to cover our overhead and administrative Consultant Geological Consultant Archaeological Consultant rsultant Traffic Consultant obsery at the locations where borings, surveys or explorations are made, and tati and recommendations by RRM Design Group will be based solely on J , to the extent that RRM Design Group has not produced such data, ible for its data, interpretations and recommendations, but it will not be or information provided by others. REIMBURSABLE EXPENSES. Clients shall reimburse RRM Desi roup for incid al expenses incurred by RRM Design Group, or any subconsultant they may hire in the interest of this Agreement, at actual cost pl 10% to cover our erhead and administrative expenses. Reimbursable expenses include, but are not limited to reproduction, postage and t dlin drawings and documen long distance communications, fees paid to authorities having jurisdiction over the Project, the expense of any additional ins ce requested by the Client i xcess of that normally carried by RRM Design Group or its subconsultants, and the following if authorized by the Client- ravel expenses for work outside e CITY OF SAN LUIS OBISPO, renderings and models, and the expense of overtime work requiring higher than gular rates. Reimbursable automobile el mileage will be billed at the current IRS business standard mileage rate. RRM DESIGN GROUP REPRODUCTIONS. P ocopies: $.20 per copy. All other types of RRM ign Group reproductions such as blueprinting, process camera, typesetting and printing shall lied at the local vendor's current rate plus 10°k to cover verhead and administrative expenses. FEES AND PAYMENTS. Fees for employ rates, subconsultant expenses, reimbursable expenses, and RRM sign Group reproductions shall be billed to the Client on a percentage of comple ' or on an as -performed basis as agreed by the parties. PAYMENT LL BE DUE AND PAYABLE UPON PRESENTATION. In order to defray c 'ng charges resulting from delayed payments, a finance charge at 1.5% month shall be added to the unpaid balance after forty-five (45) days I a date of RRM Design Group's invoice. COMMENCEMENT OF WORK. RM Design Group's work will commence immediately upon receipt of your retainer and authorization to proceed. If notice to proceed is delay yond thirty (30) days, it is understood that the terms and conditions of this Agreement are s to revision. TERMINATION, SUSPE ION OR ABANDONMENT. Failure of the Client to make payments to RRM Design Group when d ' accordance with this Agreement shall be co ered substantial nonperformance and cause for termination. If the Client fails to make payment when due M Design Group for services and expens , RRM Design Group may, upon seven (7) days written notice to the Client, suspend performance of services u r this Agreement. Unless payment ' 11 is received by RRM Design Group within seven (7) days of the date of the notice, the suspension shall take a without further notice. In the ev t of a suspension of services, RRM Design Group shall have no liability to the Client for delay, damage, loss of agency ale, loss of financing, inte t expenses, etc. caused the Client because of such suspension of service. ADDITIO L SERVICES. If RRM Design Group is requested by the Client to perform service or incur subconsultant expenses due to changes!1�th by the Cli t, or to expand or modify the scope of services specified in this Agreement, the Client agrees to pay RRM Design Gawp in acxordane Em yeeRates and Subconsultant Expenses described above, and any other provisions of this Agreement. 3765 South Higuera Street, Suite 102, San Luis Obispo, CA 93401 (805) 543-1794 Fax. 543-4609 131 So. 2^d Avenue, Oakdale, CA 95361 (209) 847-1794 Fax: 847-2511 M: -UAN, ". - - SUPPORTING DOCUMENTS CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX (323) 826-1438 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 June 3, 2002 RRM Design Group Attn: Mary McGrath, Senior Vice President 3765 S. Higuera Street, Suite 102 San Luis Obispo, CA 93401 EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 Re: Amendment No. One to the Professional Consultant Services Agreement Dear Ms. McGrath: Transmitted herewith is a duplicate original copy of the above referenced agreement approved by the Vernon City Council on May 22, 2002 and signed by the Mayor on May 30, 2002. If you have any questions regarding this matter, please call Mr. Kevin Wilson at (323) 583-8811 ext. 245. Very truly yours, Glo is Oros Chief Deputy City Clerk GO/gm CC: Kevin Wilson Resolution No. 7971 Agreement No. 02-006 CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro—Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX (323) 826-1438 City Council City of Vernon Honorable Members: t EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 CITY HALL BRUCE W. OLSON 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief TELEPHONE (323) 583-8811 FAX: (323) 826-1481 May 16, 2002 \ �C Submitted herewith is Amendment No. One to the existing agreement with RRM Design Group to provide additional survey services and establish a provision for payment of expenses estimated at $2,000.00. This has been reviewed by the City Attorney and it is hereby recommended that Amendment No. One be approved an executed. Very truly yours, Bruce V. Malkenhorst City Administrator/City Clerk BVM/gm (2--- COMMUNITY SERVICES &WATER DEPARTMENT OFFICE MEMORANDUM TO: Bruce V. Malkenhorst, City Administrator FROM: Samuel Kevin WilsoAirector of Community Services & Water DATE: May 13, 2002 SUBJECT: AMENDMENT NO. ONE TO THE AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES (FIRE STATION NO.2 — RENOVATION) The City entered into an agreement with RRM Design Group for architectural and engineering services for the Fire Station No. 2 renovation. The attached amendment provides for additional survey services and establishes a provision for payment of expenses. The dollar amount for the additional survey services is for an estimated $2,000. It is recommended that Amendment No. One to the Agreement for Professional Consulting Services be approved by the City Council and the Mayor, and City Clerk be authorized to execute the document pending the insurance. The City Attorney has reviewed the Agreement and will be preparing the resolution. SKW/ca Enclosures c: City Attorney Steve Parker ■