HomeMy WebLinkAbout1995-328
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95-328
RESOLUfION NO.
RESOLUfION OF mE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING mE
EXECUTION OF AN AGREEMENT FOR CONSULTANT SERVICES WITII mE FIRM OF BROWN,
DIVEN AND HENTSCHKE AS LEGAL CONSULTANT AND AUTHORIZING AND DIRECTING mE
EXECUfION OF AN AGREEMENT WITII mE FIRM OF GFB FRIEDRICH AND ASSOCIATES,
INC. , RELATIVE TO mE FORMATION OF AN ACQUISITION ASSESSMENT DISTRICT FOR
mE CONSTRUCTION OF NEW PINE AVENUE, BETWEEN KENDALL DRIVE AND IRVINGTON
AVENUE. (ASSESSMENT DISTRICT NO. 1015)
6 BE IT RESOLVED BY mE MAYOR AND COMMON COUNCIL OF mE CITY OF SAN
BERNARDINO AS FOLLOWS:
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SECTION 1. That the Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City, an agreement with
the firm of Brown, Diven and Hentschke for legal consulting services relative
to the formation of an acquisition assessment district for the construction
of New Pine Avenue, between Kendall Drive and Irvington Avenue, a copy of
which attached hereto as Exhibit "A", and made a part hereof.
SECTION 2. That the Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City, an agreement with
the firm of GFB Friedrich and Associates, INC., for Assessment Engineering
services relative to the formation of an acquisition assessment district for
the construction of New Pine Avenue, between Kendall Drive and Irvington
Avenue, a copy of which attached hereto as Exhibit "B", and made a part
hereof.
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08-16-95
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RESOLUTION AUTIfORIZING AND DIRECTING TIfE EXECUTION OF CONSULTANT AGREEMENTS
RELATIVE TO TIfE FORMATION OF AN ACQUISITION.ASSESSMENT DISTRICT FOR TIfE
CONSTRUCTION OF NEW PINE AVENUE.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and
Common Counci 1 of the Ci ty of
San
regular
5th
Bernardino
of
meeting thereof held on
the
September
, 19~, by the following vote, to-wit:
Counci 1 Members:
AYES
NAYS
ABSTAIN
NEGRETE
x
CURLIN
x
HERNANDEZ
x
OBERHELMAN
x
DEVLIN
x
POPE-LUDLAM
MILLER
x
The
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resolution is hereby approved this 7
, 19~
foregoing
September
at
a
day
ABSENT
x
day
of
~~l1~
roM MINOR, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
Ci ty ttorney
I
By:
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08-16-95
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BOND COUNSEL AGREEMENT
THIS AGREEMENT is made and entered into this 7 -IL day of ~/, 1995,
by and between the CITY OF SAN BERNARDINO, CALIFORNIA, a municipal corporation
(hereinafter referred to as "City"), and BROWN, DIVEN & HENTSCHKE (hereinafter referred to
as "Counsel").
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows:
SECTION 1. That Counsel shall perform legai services in connection with the proposed
assessment proceedings and bond issuance in the matter of a proposed special
assessment district known and designated as ASSESSMENT DISTRICT NO. 1015
(NEW PINE AVENUE) (hereinafter referred to as the "Assessment District") under
proceedings conducted pursuant to the provisions of the "Municipal Improvement
Act of 1913", being Division 12 of the Streets and Highways Code of the State of
California, or, in the alternate, pursuant to Chapter 12.90 of the Municipal Code of
the City of San Bemardino.
Said services shall include:
A. Review of the dedication and acquisition of the streets and easements and
other property in which work is proposed to be performed;
B. Examination of the plans and specifications for the proposed work, the
boundary map and assessment diagram of the Assessment District, the
assessment roll and bonds, and the giving of instructions and advice in
connection with the foregoing;
C. Recommendations as to procedure, schedules and actions that should be
conducted and taken;
D. Preparation of all resolutions, notices, contracts, bond forms, and other papers
and documents required in the proceedings;
E. Examination of the proceedings, step by step, as taken;
F. Appear at all hearings under the proceedings, and attend any meeting where
attendance is requested;
G. Participate with the City's financing team to determine the structure of the bond
issue(s);
H. Assisting in the preparation of the official statement and supporting
documentation relating to the offering for sale of the bonds;
I. Consulting with the underwriter, their legal counsel, rating agencies and credit
enhancement providers;
J. Consulting with the trustee or fiscal agent and their counsel;
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K. Pertorm legal services, if required, pursuant to the provisions of the "Special
Assessment Investigation, Limitation and Majority Protest Act of 1931", being
Division 4 of the Streets and Highways Code of the State of Califomia;
L. Issuance of an approving legal opinion attesting to the validity of the
proceedings and the issuance of the bonds.
M. Providing any necessary supplemental legal opinions as to the applicability of
the registration requirements of federal securities laws and other matters
related to the issuance of the bonds; provided, however, such opinions do not
include the rendering of a 10(b)5 opinion regarding the official statement.
SECTION 2. That the City shall pertorm as follows:
A. Furnish to Counsel such maps, records, title searches, and other documents
and proceedings, or certified copies thereof, as are available and may be
reasonably required by Counsel in the pertormance of the services hereunder;
B. Pay to Counsel a fee computed on the confirmed assessment as follows:
ONE PERCENT (1 %) of the first $1,500,000;
ONE-HALF PERCENT (1/2%) from $1,500,001 to $7,500,000;
ONE,QUARTER PERCENT (1/4%) from $7,500,001 to $15,000,000;
ONE-EIGHTH PERCENT (1/8%) on the balance thereof.
C. Payment of either of the above-referenced fees shall be as follows:
All due and payable upon receipt of money from the sale and delivery of bonds
and/or notes to the successful underwriter and\or the City.
SECTION 3. In the event the proceedings are terminated or abandoned prior to completion,
Counsel shall be paid a reasonable fee for services rendered to date based on an
hourly rate of $150.00 per hour, not to exceed $3,500.00.
SECTION 4. This Agreement contemplates that Counsel shall pay all ordinary out-of-pocket
expenses incurred, including travel, telephone and copying. The only expenses to
be billed to City would be extraordinary messenger and/or overnight mail delivery
services. Expenses shall be payable only from bond proceeds and shall not be
due and payable until receipt of an invoice from Counsel to the City following the
receipt of such bond proceeds.
SECTION 5. Counsel hereby states that it does not represent clients with adverse interests as
it relates to the issuance and sale of bonds for financing this Assessment District.
SECTION 6. That this Agreement may be terminated by either party hereto by mailing written
notice thereof to the other party involved by cetified mail to the following address:
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 93418
BROWN, DIVEN & HENTSCHKE
12770 High Bluff Dr., #240
San Diego, CA 92130
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SECTION 7. This Agreement may not be amended except upon the express written agreement
of the parties hereto.
SECTION 8. This Agreement and any documents or instruments attached hereto or referred to
herein integrate all terms and conditions mentioned herein or incidental hereto, and
supercede all negotiations and prior writing in respect to the subject matter hereof.
In the event of conflict between the terms, conditions or provisions of this
Agreement and any such document or instrument, the terms and conditions of this
Agreement shall prevail.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first hereinabove written.
"CITY"
CITY OF SAN BERNARDINO
"~Bm~uA
AYOR
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
ATTEST:
M1.eQ Clo-ut
CITY CLERK
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
By:
APPROVED AS TO FORM
AND LEGAL CONTENT:
JAMES F. PENMAN,
City Attorney
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AGREEMENT
THIS AGREEMENT is made and entered into this 1-/1. day of ,Jr&J>~ ,
19 15" , by and between the CITY OF SAN BERNARDINO, a municipal corporation,
hereinafter called CITY, and GFB-FRlEDRICH & ASSOC., INC., a California corporation,
hereinafter called ENGINEER.
WITNESSETH:
The parties hereto do agree as follows:
1. Recitals
This Agreement is made and entered into with respect to the following facts:
a. That CITY desires to form an assessment district pursuant to the Municipal
Improvement Act of 1913; and
b. That said assessment district has been preliminarily designated as Assessment
District No. 1015; and
c. That in order to form such an assessment district, it is necessary to retain the
professional services of a qualified engineering and consulting firm; and
d. That ENGINEER is qualified to provide said professional services for the
formation of such an assessment district; and
e. That the City of San Bernardino Mayor and Common Council have elected to
engage the services of ENGINEER upon the terms and conditions as hereinafter
set forth.
2. Services
ENGINEER shall perform those services specified in "Scope of Work", a copy of which
is attached hereto as Exhibit "A" and incorporated herein by reference and made a part
hereof as though it were fully set forth herein.
Performance of the work specified in said "Scope of Work" is made an obligation of
ENGINEER under this Agreement, subject to any changes made subsequently upon the
mutual agreement of the parties hereto.
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3. Fee
Compensation to ENGINEER for the total labor services to be rendered pursuant to this
Agreement shall be based on time and materials not to exceed thirteen thousand five
hundred dollars ($13,500.00); which amount shall be paid in monthly installments as
work progresses and shall be totally due and payable upon completion of all the terms
of work specified in the Scope of Work (Exhibit" A"). Reimbursable outside costs such
as printing, binding, blueprinting, photo reductions or enlargements, PMT's, City or
County fees (if any), and courier service shall be invoiced additionally at ENGINEER'S
vendor cost to a maximum amount of four hundred dollars ($400.00). Therefore, the
maximum total fee compensation shall be thirteen thousand nine hundred dollars
($13,900.00).
4. Extra Services
No extra services shall be rendered by ENGINEER under this Agreement unless such
extra services shall be authorized, in writing, by CITY. Authorized extra services shall
be invoiced based on ENGINEER'S "Schedule of Hourly Rates" dated August 1, 1993,
a copy of which is attached hereto as Exhibit "B" and incorporated herein by reference
and made a part hereof as though it were fully set forth herein.
5. Pavment bv City
The billings for all services rendered pursuant to this Agreement shall be submitted
monthly by ENGINEER to CITY and shall be paid by CITY within twenty (20) days
after receipt of same.
6. District Sunervision
The Director of Public Works/City Engineer of CITY, or his designee, shall have the
right of general supervision of all work performed by ENGINEER and shall be CITY'S
agent with respect to obtaining ENGINEER'S compliance hereunder. No payment for
any services rendered under this agreement shall be made without prior approval of the
Director of Public Works/City Engineer or his designee.
7. Time
The ENGINEER shall perform his professional services in a timely manner consistent
with sound professional practices. ENGINEER shall adhere to any reasonable project
schedule that the project team may set.
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8. Assurance of Compliance with Civil Ril!hts Laws
ENGINEER hereby declares that it will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, marital status or national
origin. ENGINEER agrees to take affirmative action to ensure that applicants are
employed and employees are treated during employment without regard to their race,
color, religion, sex, marital status or national origin. Such action shall include, but not
be limited to, the following: employment; upgrading, demotion or transfer; recruitment
or recruitment advertising; and designated representatives. In addition, ENGINEER shall
not exclude from participation in, deny the benefits of or subject to discrimination under
this Agreement any employee or applicant for employment on the basis of age under the
Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped
individual as provided in Section 504 of the Rehabilitation Act of 1973 or religion except
that any exemption from such prohibition against discrimination on the basis of religion
as provided in the Civil Rights Act of 1964 or Title VIII of April 11, 1968, as amended,
shall also apply.
9. Termination of Al!reement
The CITY or the ENGINEER may terminate this AGREEMENT for reasons identified
elsewhere in this AGREEMENT, or for other reasons which may arise. In the event
such termination becomes necessary, the party effecting termination shall so notify the
other party, and termination will become effective fourteen (14) calendar days after
receipt of the termination notice. Irrespective of which party shall effect termination or
the cause therefor, the CITY shall within thirty (30) calendar days of termination
remunerate the ENGINEER for services rendered and costs incurred, in accordance with
the ENGINEER'S prevailing fee schedule and expense reimbursement policy. Services
shall include those rendered up to the time of termination, as well as those associated
with termination itself, such as demobilizing, modifying schedules, reassigning personnel,
and so on. Costs shall include those incurred up to the time of termination, as well as
those associated with termination and post-termination activities.
10. Indeuendent Contractor
ENGINEER shall act as an independent contractor in the performance of the services
provided for in this Agreement and shall furnish such services in ENGINEER'S own
manner and method and in no respect be considered an agent or employee of CITY.
11. Non-Assil!nment
This Agreement is not assignable either in whole or in part by either party without the
written consent of the other.
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12. Ownershio of Documents
All reports, plans, specifications, field data, field notes, laboratory test data, calculations,
estimates and other documents prepared by the ENGINEER as instruments of service
shall remain the property of the ENGINEER. The ENGINEER shall retain these records
for a period of three (3) years following submission of his or her report, during which
period they will be made available to the CITY at all reasonable times.
13. Limitation of Liabilitv
CITY agrees to limit ENGINEER'S liability to CITY and to all contractors and
subcontractors on the project, due to professional negligence, acts, errors or omissions
of ENGINEER, to the sum of $50,000 or ENGINEER'S fees, whichever is greater.
14. Indemnification
ENGINEER hereby agrees to and shall hold CITY, its elective and appointive boards,
officers and employees harmless from any liability for damage or claims for damage for
personal injury including death as well as from claims for property damage which may
arise from ENGINEER'S negligent acts, errors or omissions under this Agreement to the
extent such suit is caused by reason of any of the aforesaid negligent acts, errors or
omIssIons.
15. Insurance
Without limiting ENGINEER'S indemnification of City as stated in Paragraph 14 above,
ENGINEER shall provide and maintain at its own expense during the term of this
Agreement the following policy or policies of insurance covering its performance under
this Agreement:
a. General Liabilitv: Such insurance shall include, but not be limited to, comprehensive
general liability coverage with a combined single limit of not less than five hundred
thousand dollars ($500,000) per occurrence. Such insurance shall name the City of San
Bernardino as an additional insured.
b. Worker's Compensation: Consultant shall cover its employees with Worker's
Compensation insurance in an amount and form to meet all applicable requirements of
the Labor Code of the State of California.
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16. Notices
Official notices relative to this Agreement shall be in writing and addressed to the
following representatives of ENGINEER and CITY:
ENGINEER
GFB-Friedrich & Assoc., Inc.
Attn: Mr. John Friedrich
6809 Indiana Ave., Suite 201
Riverside, CA 92506
CITY
Mr. Roger Hardgrave
Director of Public Works/
City Engineer
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
date first above written by their respective officer duly authorized in that behalf.
GFB-FRIEDRICH & ASSOC., INC.
A California Corporation
CITY OF SAN BERNARDINO
A Municipal Corporation
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Tom Minor, Mayor '
ATTEST:
Rcuk-L'fJA;~
Rachel Clark, City Clerk
~ 5i~ frI1dthlLJ) ~
APPROVED AS TO FORM AND LEGAL
CONTENT:
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EXHIBIT "A"
SCOPE OF WORK
Following are the professional services to be rendered relative to the formation of Assessment
District No. 1015. Under this Agreement, CITY will provide mailing and map recordation
services, as well as future annual administrative services. Following is the Scope of Services,
with a detailed list of ENGINEER'S tasks, required to assist CITY in forming Assessment
District No. 1015.
Scope of Services
1. In conjunction with City staff, determine assessment district boundary.
2. Obtain and utilize San Bernardino County Assessor property owner information to create
a property owner data base that will be used for required mailings and assessment
spreads.
3. Review the assessment spread proposed by the property owners to determine whether it
is technically feasible and legally defensible.
4. Assist bond attorney and City staff in establishing a project schedule.
5. Prepare Boundary Map of assessment district.
6. Prepare Preliminary Engineer's Report which will include the following:
1931 Act information and tables
Plans and specifications (by reference)
Description of works of improvement
Preliminary estimate of costs
Assessment diagram
Method of assessment spread
Assessment roll with preliminary assessments
Right-of-Way Certificate (executed by Superintendent of Streets)
7. Attend property owner information meeting to discuss preliminary assessments.
8. File Preliminary Engineer's Report with The City Clerk.
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SCOPE OF WORK
(Continued)
9. Attend City Council meeting at which Resolution of Intention is adopted, Preliminary
Engineer's Report is approved, and Public Hearing is set. Answer questions as
necessary .
10. Prepare boundary map for recordation at San Bernardino County Recorder's Office.
11. Print and submit to City staff for mailing the mailed notice (prepared by bond counsel),
preliminary assessment amount, and the times and places for a Public Meeting and a
Public Hearing to each assessed property owner of record, as required by 1913 Act and
Brown Act proceedings.
12. Prepare Amended Engineer's Report in which the confirmed assessment spread is based
on final approved estimate of fees to be financed, including incidental costs and financing
costs.
13. File Amended Engineer's Report with the City Clerk.
14. Attend property owner information meeting to discuss confirmed assessments, if
required.
15. Attend Public Meeting and Public Hearing, respectively, at City Council meetings and
make presentations as required.
16. Make revisions to Engineer's Report as ordered by the City Council.
17. File Confirmed Engineer's Report with the Superintendent of Streets.
18. Print and submit to City staff the confirmed assessment amount and Notice of Assessment
(prepared by bond counsel) for mailing to each assessed property owner of record within
the assessment district.
19. Prepare Assessment Diagram, Notice of Assessment and list of assessed property owner
names for recordation at San Bernardino County Recorder's Office.
20. Review Preliminary and Final Official Statements.
21. Staff meetings, project administration, and coordination with City staff, property owners,
bond counsel, bond underwriter, appraiser, and other project consultants (assume 3 staff
meetings in addition to the meetings described above). This item shall include answering
questions and providing information to property owners.
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SCOPE OF WORK
(Continued)
Exclusions
The following items of work are not included within the above Scope of Services:
1. Right-of-way services.
2. Post-public hearing services (except as noted) including debt service (amortization)
schedules and placement of assessments on tax roll.
3. Property valuation and tax delinquency information.
4. Advertising of notices in newspaper.
5. Preparation of improvement plans, specifications and bid documents.
Services, Information and/or Fees to be Provided by Others
In preparing the above Scope of Work, we have assumed that the following services, information
and/or fees will be supplied by the City or other consultants.
1. Construction cost estimates.
2. Up-to-date maps, records, plans, etc. that pertain to this project.
3. Postage, public agency letterhead, envelopes and mailing services for property owner
mailings.
4. Right-of-entry onto private property, as required.
5. Other consultants (including property appraiser) whose services are required to complete
the assessment district formation.
6. Recordation of maps and Notice of Assessment at San Bernardino County Recorder's
Office.
END
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August 1, 1995
Exhibit "B"
GFB-FRIEDRlCH & ASSOC., INC.
SCHEDULE OF HOURLY RATES
CLASSIFICATION RATE
1. Principal $ 96.00 per hour
2. Senior Registered Engineer $ 90.00 per hour
2a. Registered Engineer $ 84.00 per hour
3. Project Manager $ 78.00 per hour
4. Drafter $ 63.00 per hour
4a. Special Districts Analyst $ 63.00 per hour
5. Designer $ 72.00 per hour
5b. Field Inspector $ 53.00 per hour
6. 2-Man Survey Party $ 145.00 per hour
7. 3-Man Survey Party $ 192.00 per hour
8. Survey Computer $ 70.00 per hour
9. Clerical $ 37.00 per hour
10. Engineering Aide $ 35.00 per hour
Sub-Consultants Sub-Consultant
Fee plus 10%
Blueprints, Reproduction
& Courier Service Vendor Costs
Job Travel $ 0.36 per mile
Delivery $ 20.00 per hour
plus mileage
NOTE:
Normal overtime will be invoiced at 1.50 times standard hourly rate. Overtime
on Sundays and holidays will be invoiced at 2.00 times standard hourly rate.
This Schedule of Hourly Rates is in effect through July 31, 1996 and shall be
subject to annual revision based on changes in the cost of living and the Union
Labor Agreement.
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