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Resolution No. 2019-022RESOLUTION NO. 2019-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND RATIFYING THE EXECUTION OF A STANDARD AGREEMENT AMENDMENT NO. 1 BY AND BETWEEN THE CITY OF VERNON AND THE STATE OF CALIFORNIA HIGH SPEED RAIL AUTHORITY FOR THE HIGH SPEED RAIL PROJECT WHEREAS, the City of Vernon (the "City"), is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California; and WHEREAS, the State of California High Speed Rail Authority (the "Authority") is responsible for the planning, design, construction and operation of a statewide high speed train system that will be electric powered, steel wheel rail, which, when constructed, will be capable of reaching speeds of 220 miles per hour (the "High Speed Rail Project"); and WHEREAS, on June 21, 2016, the City Council of the City of Vernon adopted Resolution No. 2016-35 approving and authorizing the execution of a Standard Agreement (the "Agreement") by and between the City and the Authority for the High Speed Rail Project; and and WHEREAS, the Agreement was set to expire on June 30, 2019; WHEREAS, in order to meet the Authority's deadline to extend the Agreement the City Administrator executed a Standard Agreement Amendment No. 1 (the "Amendment"), subject to ratification by the City Council; and WHEREAS, by memorandum dated July 2, 2019, the Director of Public Works has recommended the approval and ratification of the Amendment for the High Speed Rail Project; and WHEREAS, the City Council of the City of Vernon desires to approve and ratify the execution of the Amendment. 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 above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines Section 15262, because the project only involves feasibility or planning studies for possible future actions which the City has not approved, adopted, or funded. SECTION 3: The City Council of the City of Vernon hereby approves and ratifies the execution of the Standard Agreement Amendment No. 1 (the "Amendment") with the State of California High Speed Rail Authority, in substantially the same form as the copy which is attached hereto as Exhibit A. SECTION 4: The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but not limited to, any non -substantive changes to the Amendment attached herein. SECTION 5: The City Council of the City of Vernon hereby directs the Interim City Clerk, or the Interim City Clerk's designee, to send a partially executed Amendment to the Authority's Financial Office. - 2 - SECTION 6: The Interim City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the Interim City Clerk, of the City of Vernon shall cause this resolution and the Interim City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 2nd day of July, 2019. ATTEST: / Debarah Harrington, Interim City Clerk APPROVED AS TO FORM: Bria Byun, Senior Deputy City Attorney - 3 - Name: Melissa` Title: Mayor / Maur PrrLTAm STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Deborah Harrington, Interim City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2019-22, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, July 2, 2019, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this 714-Ayt- day of July, 2019, at Vernon, California (SEAL) - 4 - C� De orah Harrington Interim City Clerk EXHIBIT A STATE OF CALIFORNIA STANDARD AGREEMENT AMENDMENT STD. 213 A (Rev 6W) © CHECK HERE IF ADDITIONAL. PAGES ARE ATTACHED 3 Pages H_SR15-191 REGISTRKEON NUMBER 1. This Agreement is entered into between the State Agency and Contractor named below: STATE AOBNCY'S NAME _California High -Speed Rail Authority CONTRACTOR'S NAME -_.... City of Vernon 1 NUMBER 2. The terns of this 3 _ Agreement is: September 7, 2016 through . Januar 1 2 1 3. The maximum amount of this $425,118.49 Agreement after this amendment is: Four Hundred Twenty -Five Thousand, One Hundred Eighteen Dollars and Forty -Nine Cents 4 The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agt'eelnent and incorporated herein: 1. STD 213, Section 2 is amended to extend the term and shall read as follows: "The tern of this Agreement is September 7, 2016 through January 31, 2021" STD 213A, Section 4, is continued on the following page. All other terms and conditions shall remain the same. IN WITNESS WHEREOF, this Agreement has been exectited by the parties hereto. CONTRACTOR CONTRACTOR'S NAME. (Ij lam au lndivirh�al, state whelher a aorpenrtlm4 partnership, ete� Cit Vernon BY (Atithmited Sign ere IDAT SIG ED (Dgrq A!s ZZ/ PRINTED INU't1'fLV OF PERSON SIG11KNG Carlos Fandino, City ADDRESS 4305 S. Sante Fe Avt AGENCY NAIVE C"i h-S eE EY (dudtorhad St tare) JK ,/ 'U' STATE OF CALIFORNIA PRINTS D TITLE OF PERSON Ii1GijMG JeannlCJJo-4_e1� Chief Administridive Officer 770 LStreet, 5uiteb20,_MS 1, Sacramento, CA 95814 DATE 15 CALIFORNIA Department dGenerul Services Use Only ® Exempt per. PUC 185036 E Ayala. C74, Clerk HSR15-191 Amendment I Page 2 of 3 2. Exhibit A, Scope of Work, Section 1, Background and Purpose, Subsection C is replaced in its entirety and shall read as follows: "C. All inquiries regarding this Agreement will be directed to the project representatives identified below: AUTHORITY CONTRACTOR Contract Manager: Shahin Poutvahidi Project Manager; Daniel Wall Address: 770 L Street, Suite 620, MS 2 Sacramento CA 95814 Address: 4305 S. Santa Fe Ave. Vernon, CA 90058 Phone: 916 384-0564 Phone: 323 583-8811 x 305 Email: ShahinTourvahidigisr.ca.aov Email: dwall&i.vernon.ca.us The Contract Managers may be changed without amendment and with written notification to the other party." 3. Exhibit A, Scope of Work, Section 2, Scope of Work, Tasks, Deliverables, and Schedule, Subsection B is replaced in its entirety and shall read as follows: `B. Contractor will be reimbursed for its actual, direct, and necessary expenses in its performance of the following: Taslc Description Deliverable Schedule 1. Technical/Engineering Staff time to review Comments on Through Review Support teehnicai/prehminary technical/preliminary engineering expiration or engineering docurents. documents. termination of the Agreement. 2. Technical/Lngineering Staff time for identifying Report identifying any conflicts. Through Review Support existing conflicts. expiration or termination of the A eement. 3. Teclmical/Engineering Staff time for coordination Participation in coordination Through Review Support with the Authority and its activities. expiration or representatives, termination of the Agreement. 4. Agreement Staff time for master Participation in meetings and Through Development agreement review. review of draft contract and other expiration or documents. termination of the Agreement. 5. Agreement Staff time for task order/utility Participation in meetings and Through Development agreement template review, review of draft contract and other expiration or docurents. termination of the Agreement, 6. Agreement Staff time for right-of-way Participation in meetings and Through Development transfer agreement review. review of draft contract and other expiration or documents. termination of the Agreement. 7. Agreement Staff time for grade separation Participation in meetings and Through Development agreement review. review of draft contract and other expiration or documents. termination of the Agreement. 8. Agreement Staff time for ownership and Participation in meetings and Through Development maintenance agreement review of draft contract and other expiration or review. documents. termination of the Agreement. HUL15-191 Amendment 1 Page 3 of 3 Taste Descri tion Deliverable Schedule 9. Agreement Attorney tune for legal review Legal review of documents and Tlu•ough Development as specified in a Notice to meeting with Authority attorneys. expiration or Proceed issued by the termination of the Authority, Agreement. 10. Agreement T Staff and attorney time for Materials and reports for City Through Development preparation of City Council Council. expiration or materials and reports, as termination of the specified hi a Notice. to Agreement. Proceed issued by the Authority, I 11. Right-of-way Support Staff time for property rights Reports detailing property rights. Through research, expiration or termination of the V eomcnt. 12. Right-of-way Support Staff and attorney review tune Abandonment, vacation, or legal Through for abandonment, vacation, or transfer of right-of-way and expiration or legal transfer of right-of-way supporting documentation, termination of the issues, as specified in a Notice Agreement. to Proceed issued by Authority, 13. Right-of-way Support Staff and attorney time for Presentations to City Council, if Through preparation of City Council any, expiration or. materials and reports, as termination of the specified in a Notice to Agreement. Proceed issued by Authority. Contractor staff and attorney time will be reimbursed at the hourly rates set.forLh is Attachment I — Budget, Contractor acknowledges that "staff time" does not include time for subcontractors, vendors, and outside counsel. Subcontractor, vendors, and attorney time shall only be reimbursed if specifically included above and in Attaelunent 1 — Budget." 4. Exhibit B, Budget Detail and Payment Provisions, Section 2, Compensation, Invoicing and Payment, Subsection C, is amended and shall read as follows; "C, For services satisfactorily rendered and approved by the Contract Manager and upon receipt and approval of the invoices, the Authority shall reimburse the Contractor for actual costs incurred, Contractor shall provide 1 original and 2 copies, as set forth below, of the invoice for payment, Invoices shall also be submitted no more than monthly in arrears and within 30 clays of when services are provided to; (1 original and 1 copy) F biancial Office California High -Speed Rail Authority 7701. Street, Suite 620 MS 3 Sacramento, CA 95814 One copy of the invoice shall be submitted to the Authority Contract Manager identified in Exhibit A, Section 1 C." 5, Attachment 1 — Budget is replaced in its entirety and attached hereto as Attachment 1 - - Rate Sheet u a O of � 69 a g EFT X N2 O G C9 L (n � 0 ur 00 Lo d ER T T (D O M N LO M N O CD M r- pp M CO O O N c,", 0 Cn O O m T OM n oMO)T m WO 0 co toCh 0 — Uf EFT I M 69 69 69 H} 69 69 69 69 !FT 69 (19 EA ER L C a) I En = c w cx 2�cx O C C o D S N c L N C Lm row— (+� cv n C O � � ._ 0 C ,c oS m QC c cs o {? w a E o L of L •- 0 G W (_ 3 �I O a 0 $ " A� c U`oo �Lu i IL<< a.rn,Enn-¢ w (n W (f N (n (n fn Ui U) C!) (1J fn Cr in 0 .'I I SIGNATURE ROUTING FORM CONTRACTOR: California High -Speed Rail Authority CONTRACT PURPOSE: Amendment 1 to HSR 15-191, a reimbursement agreement for City staff CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETITIVE SELECTION & NOTICED RFP ❑ COMPETITIVE BID & NOTICED INVITATION TO BID ❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED) ❑ SERVICES ❑ MATERIALS N BUDGETED ❑ NOT BUDGETED TOTAL CONTRACT VALUE: $425,118.49 Charge Acct. No(s) 011. 3o43 . ggcP taco Amendment Value $ 0.00 *Contract is an Amendment to Eden Contract No. CS •0?30 (if applicable) RESPONSIBLE DEPARTMENT PERSON: Brandon Arauio PHONE: ext.237 AUTHORIZATION: ❑ Approved by Council on (Check one and attach Resolution No. (if applicable) supporting documentation) Approved by City Administrator on 004) ❑ Approved by Finance Director on Qw*-sc. vsA. 15L.-VO 7b1- f:;Dw Au. stbl- 0-5,Tv,4-0 ot-� ROUTING SEQUENCE: (Please Follow In Order) y '(41S Initials Date -Mu AVMaK Go1Ll-LS 1� (1) Responsible Department Person Certifies compliance with Competitive Bidding and Purchasing Ordinance, obtains approval from City Council/City Administrator/Finance Director, and obtains approval as to form from the City Attorney's Office, assembles two (2) originals of contract, obtains proper signatures from contractor/consultant pursuant to the signature requirements, obtains insurance & bond documents, notifies IT to remove related RFP/bid notice from the City's website (if applicable), enters contract into Eden once routing proces complete. (2) Liability and Claims Approves insurance if bonds J \/ and sureties, required. Cl (3) Finance (Purchasing) Checks compliance with Competitive Bidding & Living Wage Ordinances and reflected in current budget. (4) City Attorney Approves contract as to form. k) (5) City Signatory Signs document on behalf of City. (6) City Clerk ' 6 Attests signatures, numbers and files contract, enters contract documents (executed contract, supporting documentation, insurance and bonds, etc.) into Laserfiche, transmits duplicate original to contractor/consultant, notifies Responsible Department Person, and notifies any "consultant" of duties to file Form 700, if applicable. Rev. 6/2017 PARTIALLY EXECUTED STATE OF CALIFORNIA STANDARD AGREEMENT AMENDMENT STD. 213 A (Rev 6/03) QX CIIECK HERE IF ADDITIONAL PAGES ARE ATTACHED 3 Pages AGREEMENT NUMBER AMENDMENT HSR15-191 1 1. This Agreement is entered into between the State Agency and Contractor named below: STATE AOBNCY'S NAME California High -Speed Rail Authority CONTRACTOR'S NAME 2. The term of this Agreement is: September 7, 2016 through January 21, 2021 3. The maximum amount of this $425,118.49 Agreement after this amendment is: Four Hundred Twenty -Five Thousand, One Hundred Eighteen Dollars and FortyNine Cents 4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein: 1. STD 213, Section 2 is amended to extend the term and shall read as follows: "The term of this Agreement is September 7, 2016 through January 31, 2021" STD 213A, Section 4, is continued on the following page. All other terms and conditions shall remain the same. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTOR'S NAME (If other than an Individual, state whether a cotporatlon, partnership, etc.) City Vernon BY (Authw Ized natt DATE SIGNED (Do not type) R� /i_ Co-2 2-( I PRINTELLA OWrAND TITLE OF PERSONCator G Carlos Fandino, City Admini ADDRESS 4305 S. Sante Fe Avenue. Vernon. CA 90058 STATE OF CALIFORNIA AGENCY NAME California High -Speed Rail Authority BY (Authorized Signature) DATE SIGNED (Do not type) A5 PRINTED NAME AND TITLE OF PERSON SIGNING Jeannie Jones, Chief Administrative Officer ADDRESS 770 L Street,.Suite 620, MS 1, Sacramento, CA 95814 Department of General Services Use Only ® Exempt per: PUC 185036 AS E. A!`ala, City HSR15-191 Amendment 1 Page 2 of 3 2. Exhibit A, Scope of Work, Section 1, Background and Purpose, Subsection C is replaced in its entirety and shall read as follows: "C. All inquiries regarding this Agreement will be directed to the project representatives identified below: AUTHORITY CONTRACTOR Contract Manager: Shahin Pourvahidi Project Manager: Daniel Wall Address: 770 L Street, Suite 620, MS 2 Sacramento, CA 95814 Address: 4305 S. Santa Fe Ave. Vernon, CA 90058 Phone: 916 384-0564 Phone: 323 583-8811 x 305 Email: Shahin.Pourvahidi@hsr.ca. ov Email: dwall ci.vemon.ca.us The Contract Managers may be changed without amendment and with written notification to the other party." 3. Exhibit A, Scope of Work, Section 2, Scope of Work, Tasks, Deliverables, and Schedule, Subsection B is replaced in its entirety and shall read as follows: `B. Contractor will be reimbursed for its actual, direct, and necessary expenses in its performance of the following: Task Description Deliverable Schedule 1. Technical/Engineering Staff time to review Comments on Through Review Support technical/preliminary technical/prehminary engineering expiration or engineering documents. documents. termination of the Agreement. 2. Technical/Engineering Staff time for identifying Report identifying any conflicts. Through Review Support existing conflicts. expiration or termination of the Agreement. 3. Technical/Engineering Staff time for coordination Participation in coordination Through Review Support with the Authority and its activities. expiration or representatives. termination of the Agreement. 4. Agreement Staff time for master Participation in meetings and Through Development agreement review. review of draft contract and other expiration or documents. termination of the Agreement. 5. Agreement Staff time for task order/utility Participation in meetings and Through Development agreement template review. review of draft contract and other expiration or documents. termination of the Agreement. 6. Agreement Staff time for right-of-way Participation in meetings and Through Development transfer agreement review. review of draft contract and other expiration or documents. termination of the Agreement. 7. Agreement Staff time for grade separation Participation in meetings and Through Development agreement review. review of draft contract and other expiration or documents. termination of the Agreement. 8. Agreement Staff time for ownership and Participation in meetings and Through Development maintenance agreement review of draft contract and other expiration or documents. termination of the review. Agreement. HSR15-191 Amendment 1 Page 3 of 3 Task Descri tion ' Deliverable Schedule 9. Agreement Attorney time for legal review Legal review of documents and Through Development as specified in a Notice to meeting with Authority attorneys. expiration or Proceed issued by the termination of the Authority. Agreement, 10. Agreement Staff and attorney time for Materials and reports for City Through Development preparation of City Council Council. expiration or materials and reports, as termination of the specified in a Notice. to Agreement. Proceed issued by the Authority. 11. Right-of-way Support Staff time for property rights Reports detailing property rights. Through research. expiration or termination of the Agreement. 12. Right-of-way Support Staff and attorney review time Abandonment, vacation, or legal Through for abandonment, vacation, or transfer of right-of-way and expiration or legal transfer of right-of-way supporting documentation, termination of the issues, as specified in a Notice Agreement. to Proceed issued by Authority. 13. Right-of-way Support Staff and attorney time for Presentations to City Council, if Through preparation of City Council any. expiration or, materials and reports, as termination of the specified in a Notice to Agreement. Proceed issued by Authority. Contractor staff and attorney time will be reimbursed at the hourly rates set forth in Attachment 1 — Budget. Contractor acknowledges that "staff time" does not include time for subcontractors, vendors, and outside counsel. Subcontractor, vendors, and attorney time shall only be reimbursed if specifically included above and in Attachment 1— Budget." 4. Exhibit B, Budget Detail and Payment Provisions, Section 2, Compensation, Invoicing and Payment, Subsection C, is amended and shall read as follows: "C. For services satisfactorily rendered and approved by the Contract Manager and upon receipt and approval of the invoices, the Authority shall reimburse the Contractor for actual costs incurred. Contractor shall provide 1 original and 2 copies, as set forth below, of the invoice for payment. Invoices shall also be submitted no more than monthly in arrears and within 30 days of when services are provided to: (1 original and 1 copy) Financial Office California High -Speed Rail Authority 770 L Street, Suite 620 MS 3 Sacramento, CA 95814 One copy of the invoice shall be submitted to the Authority Contract Manager identified in Exhibit A, Section 1C." 5, Attachment 1 — Budget is replaced in its entirety and attached hereto as Attachment 1 — Rate Sheet 75 r' c d E S U m 5 F d c6 `- aS o 0 o 6 Lo FNn -0 o a) I c J 0 F- Z 0 co r Li I� < O) N Cl) M O co O N L) L O 0) co c1 f— I-- c`) t- d O O) co O y O L) d mmmLOmmmtl- e0c0c0c0Ln = N — •- •- Ef! ffl ER 64 Efl EA Efl Ef? (11T W, (f} u). ca Efl 69 6q O C L � v i L m = N cco w O U) CL O o ~ O L c c c L E CL 0 Q ~ N d Q ca c o ro 0 n> 0 'c o o V c c ai .E � c o O 7 C aoi C— .c U U (D C C C cn Q (U c9 U •E W 'C W IL d W L �_ U) O E — O O W U n W N O (0 m 0 co Fn U) ca a W o wU-<a- c� Q 3 �(nUnQ C Q 7 W � � � N ro ro U}u c�a ca o Mi (0 cog IN � m m I�U)i cz m m 0 cn U)cocoU)U)�U)Y— I V FULLY EXECUTED AGREEMENT CALIFORNIA High -Speed Rail Authority June 26, 2019 Daniel Wall BOARD MEMBERS Director of Public Works 4305 S. Sante Fe Avenue LennyMendonca Vernon, CA 90058 CHAIR RE: Contract No. HSR15-191 Amendment #1 Thomas Richards VICE CHAIR Dear Mr. Wall: ErnestM.(amacho Enclosed please find a copy of the above -referenced amended Agreement with the California High- Daniel(urtin Speed Rail Authority. Bonnie Lowenthal You are not authorized to commence work until you have been notified by the Authority's designated Contract Manager to begin work. The Contract Manager is not authorized to approve HancyMiller payment for any work or services performed prior to contract execution. In addition, the Contract Manager is not authorized to change the terms of the contract without an executed amendment. Lynn Schenk The Authority looks forward to continuing working with you. Should you have any questions or concerns regarding the amendment to this Agreement, please don't hesitate to contact the Contract Manager, Shahin Pourvahidi at 916-384-0564 or Shahin.Pourvahidighsr.ca.gov. EX-OFFICIO BOARD MEMBERS Sincerely, \ - Honorable t� Dr. Joaquin Arambula Honorable Jim Beall i sey Eagle Contract Analyst (916) 431-2926 Brian P. Kelly CHIEF EXECUTIVE OFFICER GAVIN NEWSOM Enclosure GOVERNOR 0% -Sr cc: Shahin Pourvahidi � 1 A � P d XL 770 L Street, Suite 620, Sacramento, CA 95814 • T: (916) 324-1541 • F: (916) 322-0827 • www.hsr.ca.gov STATE OF CALIFORNIA STANDARD AGREEMENT AMENDMENT STD. 213 A (Rev 6103) 0 CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED 3 Pages AGREEMENT NUMBER A HSR15-191 1 REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and Contractor named below: STATE AGENCY'S NAME California High -Speed Rail Authority CONTRACTOR'S NAME 2. The term of this 3 Agreement is: September 7, 2016 through January ' 1, 2 1 3. The maximum amount of this $425,118.49 Agreement after this amendment is: Four Hundred Twenty -Five Thousand, One Hundred Eighteen Dollars and Forty -Nine Cents 4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein: 1. STD 213, Section 2 is amended to extend the term and shall read as follows: "The term of this Agreement is September 7, 2016 through January 31, 2021" STD 213A, Section 4, is continued on the following page. All other terms and conditions shall remain the same. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CALIFORNIA CONTRACTOR Department of General Services CONTRACTOR'S NAME �an an Individual, state whether a corporation, partnership, ele.) Use Daly City Vernon BY (Authorized Si rre DAT��IOI�ED (D�n� �e) � PRINTED NAMF—^D TrrLE OF PERSON MOVING Carlos Fandino, City Admini*fator ADDRESS STATE OF CALIFORNIA AGENCY NAME BY (Authorized Slgr qa'e) DATE IG D (D type) D TITLE OF PERSON IO G Exempt Pei: Puc I85036 Jeannio(Jonk. Chief Ad ' ' tr ive Officer 770 L Street., jiuite:A�0,_MS 1, Sacramento, CA 95814 1 n n 1 ,q 'U6P%t',% &Nl AKb"- L APPROVED AS TO E. Ayala, City Clerk HSR15-191 Amendment 1 Page 2 of 3 2. Exhibit A, Scope of Work, Section 1, Background and Purpose, Subsection C is replaced in its entirety and shall read as follows: "C. All inquiries regarding this Agreement will be directed to the project representatives identified below: AUTHORITY CONTRACTOR Contract Manager: Shahin Pourvahidi Project Manager: Daniel Wall Address: 770 L Street, Suite 620, MS 2 Sacramento, CA 95814 Address: 4305 S. Santa Fe Ave. Vernon, CA 90058 Phone: 916 384-0564 Phone: 323 583-8811 x 305 Email: Shahin.Pourvahidi hsr.ca. ov Einail: dwall ci.vernon.ca.us The Contract Managers may be changed without amendment and with written notification to the other party." 3. Exhibit A, Scope of Work, Section 2, Scope of Work, Tasks, Deliverables, and Schedule, Subsection B is replaced in its entirety and shall read as follows: `B. Contractor will be reimbursed for its actual, direct, and necessary expenses in its performance of the following: Task Description Deliverable Schedule 1. Technical/Engineering Staff time to review Comments on Through Review Support technical/preliminary technical/prelinunary engineering expiration or engineering documents. documents. termination of the Agreement. 2. Technical/Engineering Staff time for identifying Report identifying any conflicts. Through Review Support existing conflicts. expiration or termination of the Agreement. 3. Technical/Engineering Staff time for coordination Participation in coordination Through Review Support with the Authority and its activities. expiration or representatives. termination of the Agreement. 4. Agreement Staff time for master Participation in meetings and Through Development agreement review. review of draft contract and other expiration or documents. termination of the Agreement. 5. Agreement Staff time for task order/utility Participation in meetings and Through Development agreement template review. review of draft contract and other expiration or documents. termination of the Agreement. 6. Agreement Staff time for right-of-way Participation in meetings and Through Development transfer agreement review. review of draft contract and other expiration or documents. termination of the Agreement. 7. Agreement Staff time for grade separation Participation in meetings and Through Development agreement review. review of draft contract and other expiration or documents. termination of the Agreement. 8. Agreement Staff time for ownership and Participation in meetings and Through Development maintenance agreement review of draft contract and other expiration or review. documents. termination of the Agreement. HSR15-191 Amendment 1 Page 3 of 3 Task Description ' Deliverable Schedule 9. Agreement Attorney time for legal review Legal review of documents and Through Development as specified in a Notice to mecting with Authority attorneys. expiration or Proceed issued by the termination of the Authority. Agreement. 10. Agreement Staff and attorney time for Materials and reports for City Through Development preparation of City Council Council. expiration or materials and reports, as termination of the specified in a Notice. to Agreement. Proceed issued by the Authority. 11. Right-of-way Support Staff time for property rights Reports detailing property rights. Through research. expiration or termination of the Agreement. 12. Right-of-way Support Staff and attorney review time Abandonment, vacation, or legal Through for abandonment, vacation, or transfer of right-of-way and expiration or legal transfer of right-of-way supporting documentation. termination of the issues, as specified in a Notice . Agreement. to Proceed issued by Authority. 13, Right-of-way Support Staff and attorney time for Presentations to City Council, if Through preparation of City Council any. expiration or. materials and reports, as termination of the specified in a Notice to Agreement. Proceed issued by Authority. Contractor staff and attorney time will be reimbursed at the hourly rates set forth in Attachment 1 — Budget. Contractor acknowledges that "staff time" does not include time for subcontractors, vendors, and outside counsel. Subcontractor, vendors, and attorney time shall only be reimbursed if specifically included above and in Attachment 1 —Budget." 4. Exhibit B, Budget Detail and Payment Provisions, Section 2, Compensation, Invoicing and Payment, Subsection C, is amendcd and shall read as follows: "C. For services satisfactorily rendered and approved by the Contract Manager and upon receipt and approval of the invoices, the Authority shall reimburse the Contractor for actual costs incurred. Contractor shall provide 1 original and 2 copies, as set forth below, of the invoice for payment. Invoices shall also be submitted no more than monthly in arrears and within 30 days of when services are provided to: (1 original and 1 copy) Financial Office California High -Speed Rail Authority 770 L Street, Suite 620 MS 3 Sacramento, CA 95814 One copy of the invoice shall be submitted to the Authority Contract Manager identified in Exhibit A, Section 1C." 5. Attachment 1 — Budget is replaced in its entirety and attached hereto as Attachment 1 — Rate Sheet CD / \ � k $ \ / / © e \ d ) / e2 0 _ ƒ 2 � R z 9 O $ a / \ e w CD) am romo mmroa �= Cl) ewogwf=o M#Ito- a w/& K LO G o w K J a a a a o r rrc<rw o o =0000 � � _ e&memeeeeea aaaaa : \ k\ �� % Qi £ a ® c 2 / _ \ \ { [ \ y 0 0 ® / ( \ \ ¥ / = 5 } / § co\ \ E / \ 5 / / _ ° S � / 2 3 = / \ » $ \ j/�»i\©�\cj _ % W 6 E « Cl) s»» < t » e.o £ E / g _ n « % =.9 5 » a E e / 0 E 2 c \ 5 3±± \ a)o E a% m o s\_= 2 o 2 » O66\2± o_ .z<E« � « e = EmmE< _ = 5 x ± Q£££££$2£6Q 5 2 3° 2 n a 3 3 3 3 £ a£ 3 3 0 mgm3m$me@m2 m@e2@ U / STAFF REPORT ss uF `'Fe RECERVED JUN 19 2019 STAFF REPORT CITY ADMINISTRATION PUBLIC WORKS DEPARTMENT Cf- (oIZ2J60\ DATE: June 17, 2019 TO: Carlos Fandino, City Administrator FROM: Daniel Wall, Director of Public Works 6;�v Originator: Brandon Araujo, Project Engineer 3-A . RE: Execution of Amendment 1 to Agreement Number HSR15-191 with the California High -Speed Rail Authority Recommendation A. Find that the execution of the proposed Amendment 1 to Agreement Number HSR15-191 ("the Agreement") in this staff report is exempt from the California Environmental Quality Act ("CEQA") review, in accordance with CEQA Guidelines Section 15262, because the project only involves feasibility or planning studies for possible future actions which the City has not approved, adopted, or funded; and B. Execute Amendment 1 to the Agreement by and between the California High -Speed Rail Authority ("Authority") and the City of Vernon for work related to the California High - Speed Rail Project ("Project"). C. Ratify execution of Amendment 1 to the Agreement by submitting a resolution to City Council approving and authorizing the execution of the Amendment. Background On June 21, 2016 City Council approved Resolution No. 2016-35 ("Resolution") which approved and authorized the execution of the Agreement between the City and the Authority. Amendment 1 is required because the original Agreement expires on June 30, 2019 and much of the work remains outstanding. The Amendment extends the term of the Agreement to January 21, 2021. In addition, the Amendment updates the City's rates of compensation since the City's hourly rates for its staff have changed since execution of the original agreement. The City Attorney's Office has reviewed Amendment 1 and has approved it as to form. City Attorney's Office has recommended that the City execute the Amendment by the same means it executed the Agreement. However, in order to prevent the Agreement from expiring, both the City and the Authority must execute the agreement prior to its expiration date. At this point in time, City Council will be unable to authorize the execution of the Amendment before it expires. Therefore, Public Works requests that the City Administrator execute the Amendment as soon as possible in order to prevent the Agreement from expiring before requesting ratification of the amendment by City Council. Execution of the Amendment appears to be authorized by Section 5 that states: the City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but not limited to, any non -substantive changes to the Agreement attached herein. Fiscal Impact There is no fiscal impact as the Authority will reimburse the City for expenditures related to the review of the impact of the High Speed Rail Project on the City of Vernon. Attachment(s) 1) Amendment 1 to Agreement No. HSR15-191 (three copies) 2) City Attorney's Approval to Form Page 2 of 2