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94-27
RESOLUTION NO
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF AGREEMENT FOR ASSESSMENT ENGINEERING SERVICES WITH THE FIRM OF
3 GFB-FRIEDRICH & ASSOCIATES, INC., AND AN AGREEMENT FOR CONSULTANT SERVICES
WITH THE FIRM OF BROWN, DIVEN & HENTSCHKE RELATIVE TO THE PROPOSED EXTENSION
4 AND EXPANSION OF CITY-WIDE ASSESSMENT DISTRICT NO. 994
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
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 for
Assessment Engineering Services with the firm of GFB-Friedrich & Associates,
Inc., relative to the proposed extension and expansion of City-Wide
Assessment District No. 994, a copy of which is attached hereto and marked
as Exhibit "A" and incorporated herein by reference as fully as though set
forth at length.
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 for
Consultant Services with the firm of Brown, Diven and Hentschke, relative to
the proposed extension and expansion of City-Wide Assessment District No.
994, a copy of which is attached hereto and marked as Exhibit "B" and
incorporated herein by reference as fully as though set forth at length.
SECTION 3. This resolution is rescinded if the parties to the Agreement
for Assessment Engineering Services and the parties to the Agreement for
Consultant Services fail to execute them within sixty (60) days of the
passage of this resolution.
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01-19-4
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Res. 94-27
RESOLUTION. AUTHORIZING EXECUTION OF AGREEMENTS RELATIVE' TO CITY WIDE
ASSESSMENT DISTRICT NO. 994.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
regular
Mayor and Common Council of the City of San Bernardino at
a
February
meeting thereof held on the
, 19~. by the following vote, to-wit:
The foregoing
February
resolution is
, 19~
22 Approved as to form
and legal content:
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27
28
JAMES F. PENMAN,
City Attorney
By: ,r:t-'h~~?
(J
)
J c-"v,,\-"--l"-V'-<""
01-19-94
~ ~u...L CL~
City erk
hereby approved this
~~A
/~~ ?t#~
TOM MINOR. Mayor
City of San Bernardino
-2-
7th
day
of
10th
day
of
r
Res. 94-27
AGREEMENT
THIS AGREEMENT is made and entered into this ~ day of ,
19c-4, \.\ , by and between the CITY OF SAN BERNARDINO, a municipal corporat n,
,
hereinafter called CITY, and GFB-FRIEDRICH & 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 renew and update existing Assessment District No. 994,
originally formed in 1990, by adding new improvements and recent annexations
for Fiscal Year 1994/95, all pursuant to Chapter 12.90 of the City's Municipal
Code; and
b. That in order to update such a program. It is necessary to retain the professional
services of a qualified engineering and consulting firm; and
c. That ENGINEER is qualified to provide said professional services for the
refinement of such a program; and
d. 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.
94 27
3. Fee
Compensation to ENGINEER for the total labor services to be rendered pursuant to this
Agreement shall be based on time and materials to a maximum amount of fifteen
thousand four hundred ninety dollars ($15,490.00); 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 eight hundred fifty
dollars ($850.00). Therefore, the maximum total fee compensation shall be sixteen
thousand three hundred forty dollars ($16,340.00).
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 Suoervision
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. The recommended schedule should be set to have
the final public hearing no later than late June 1994, which will allow the City to submit
fixed-charge assessments to the San Bernardino County Auditor-Controller's office no
later than late July 1994.
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9(-. 27
8. Assurance of Comoliance 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. Indeoendent 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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9t 27
12. Ownershin 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 Liability: 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 Comoensation: 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
CITY
GFB-Friedrich & Assoc., Inc.
Attn: Mr. John Friedrich
6809 Indiana Ave., Suite 201
Riverside, CA 92506
Mr. Roger Hardgrave
Director of Public Works/
City Engineer
City of San Bernardino
300 North "0" 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-FRlEDRICH & ASSOC., INC.
A California Corporation
CITY OF SAN BERNARDINO
A Municipal Corporation
B~~lr~
Tom Minor, Mayor
A TrEST:
R~~ity~
APPROVED AS TO FORM AND LEGAL
CONTENT:
"
;J /
V~..... '{ "/--V-Z.-L.'-Y~'
Ja:iTIes F. Penman, City Attorney
l/
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EXHIBIT" A"
SCOPE OF WORK
Following are the professional services to be rendered relative to the FY 1994/95 renewal and
upgrading of Assessment District No. 994. Under this Agreement, CITY will provide the data
processing and assessment spreads, notice and mailing services, field research, map recordation
and collection services necessary to renew this assessment district. ENGINEER will prepare the
boundary map, assessment diagram and Engineer's Report, analyze parcel data to recommend
an appropriate assessment formula, and attend staff meetings and City Council hearings.
Following is the Scope of Services, with a detailed list of ENGINEER'S tasks, required to assist
CITY in renewing Assessment District No. 994.
Scope of Services
1. In conjunction with CITY staff, determine location of annexations to CITY since the
original formation of Assessment District No. 994.
2. Prepare updated boundary map and assessment diagram including recent CITY
annexations (Assume a one (1) sheet boundary map and a five (5) sheet assessment
diagram).
3. Analyze parcel data prepared by CITY staff to determine appropriate assessment formula
for street lighting and street sweeping services.
4. Prepare Engineer's Report to include, as a minimum:
a. Boundary
b. Description of improvements
c. Estimate
d. Assessment formula
e. Assessment spread.
Most of the above items will be provided by CITY in a raw format. ENGINEER will
apply the information to the preparation of the Engineer's Report. The Engineer's
Report will reflect recent CITY annexations, as well as any changes in the
improvements/services to be financed.
5. Attend five (5) CITY staff meetings.
6. Attend two (2) Legislative Review Committee meetings.
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7.
8.
9.
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Attend three (3) City Council meetings/hearings.
Coordination with CITY staff and legal counsel.
Project administration, unscheduled meetings, deliveries, etc.
END
A-2
'9/)
2'"
. I
August I, 1993
EXIllBIT "B"
GFB-FRIEDRICH & ASSOC., INC.
SCHEDULE OF HOURLY RATES
CLASSIF1CA TION 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 IField Inspector $ 63.00 per hour
4a. Special Districts Analyst $ 63.00 per hour
5. Designer $ 72.00 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, 1994 and shall be
subject to annual revision based on changes in the cost of living and the Union
Labor Agreement.
B-1
Res.. 94-27
"
.
F. \.t"'CKI'\:/]1: RRO\\'N*
WARREN B. Dr\TN
DI\);II'I s. HLNTSCHKJ
ROBERT E. HESSEL
CELlJ\ A. RH.E\Xi~:iZ
LA \X.' ()HICES
BROWN, DIVEN & HENTSCHKE
12770 HI(;1J BU:H- DRIVE, Slim: 240
SA" Dil(;, 1. (:"']]1'( 1Rl\IA 921 ,0
NEW]'()RT BEACH (7]4) 'j'i1-19! 'j
Los AN(;ELES (213) 587-1915
(619) 456-1915
FAX 2'59-0292
~..\. 1'1\( )H~~], 1:<0'\1 (\)1(['1 'KATI,'"
January 11, 1994
Verne Nadeau, Real Property Specialist
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
RE: ASSESSMENT DISTRICT NO. 994
Dear Verne:
This letter will act as a proposal to act as special counsel to
the City in connection with the city-wide Assessment District No.
994 (hereinafter the "District") as adopted under a procedural
ordinance of the City of San Bernardino, a charter city.
The services under this Agreement shall generally be the
following:
1. Preparation and/or review of all documents required in the
proceedings;
2. Examination of the proceedings, step-by-step, as taken;
3. Appear at hearings under the proceedings, and attend
meetings where attendance is required;
4. Review the Report of the Engineer as it relates to the
proceedings;
5. Review and examine the proposed boundary map and assessment
diagram;
6. Review the method and formula utilized by the Engineer for
the spread of the assessment;
7. Offer instruction and advice in connection with any of the
foregoing;
8. Any other customary legal services necessary for the
formation of the District.
Res. 94-27
-..
Verne Nadeau
city of San Bernardino
January 11, 1994
Page Two
The City shall pay Counsel for services at the rate of $150.00
per hour, not to exceed $10,000.00.
The City agrees to furnish to Counsel maps and other documents
and proceedings as are available and required by Counsel in the
performance of its services.
Counsel states that it does not represent clients with any
adverse interest to the City as it relates to the formation of
the District. Counsel further states that it does have both
professional liability and workers' compensation insurance and
will provide evidence of such coverage upon the request of the
city.
We look forward to working with the staff on the proceedings for
the formation of this District.
Very truly yours,
Brown, Diven & Hentschke
WQlIO'\.~
WARREN B. DIVEN
APPROVED BY THE CITY OF SAN BERNARDINO, CALIFORNIA
THIS 10th DAY OF February , 1994.
G1~.~
CITY'-eLERK
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA