Loading...
HomeMy WebLinkAbout1991-354 1 2 3 4 RESOLUTION NO. 91-354 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GFB-FRIEDRICH & ASSOC.,INC. FOR ASSESSMENT ENGINEERING SERVICES FOR THE CAJON BOULEVARD AND LINDEN PEPPER DRIVE AREA ACQUISITION ASSESSMENT DISTRICT NO. 1003. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 5 BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor is hereby authorized and directed to execute 7 on behalf of said City an Agreement for Assessment Engineering Services with 8 GFB-Friedrich & Assoc. ,Inc. for the Cajon Boulevard and Pepper Linden Drive 9 Area Acquisition District, Assessment District No. 1003, a copy of which is 10 attached hereto marked Exhibit "A," and incorporated herein by reference as 11 fully as though set forth at length. 12 SECTION 2. This resolution is rescinded if the parties to the 13 Agreement for Assessment Engineering Services fail to execute it within 14 sixty (60) days of the passage of this resolution. 15 I HEREBY CERTIFY that the foregoing resolution was duly adopted by 16 the Mayor and Common Council of the City of San Bernardino at a 17 18 19 meeting thereof held on the day of regular 'itch Auqust , 19~, by the following vote, to-wit: ABSTAIN Council Members: AYES NAYES ABSENT 20 ESTRADA 21 REILLY 22 HERNANDEZ 23 MAUDSLEY 24 MINOR 25 POPE-LUDLAM 26 MILLER x x x x x x x 27 28 ~~ ~.~r City Clerk 07-15-91 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION AU~ORIZING THE EXECUTION OF AN AGREEMENT WITH GFB~FRIEDRICH & ASSOC. ,INC. FOR ASSESSMENT ENGINEERING SERVICES SERVICES RELATIVE TO ASSESSMENT DISTRICT NO. 1003 The foregoing resolution is hereby approved this 7th day of 1 2 3 4 5 6 7 8 Approved as to form and legal content: August 1991 // / JAMES F. PENMAN, City A~orney By: ~ 7-/~~ (J 25 26 27 28 07-15-91 -2- Res. 91-354 AGREEMENT THIS AGREEMENT is made and entered into this 7th August ,19~, by and between the CITY OF SAN a municipal corporation, hereinafter called CITY, FRIEDRICH & ASSOC., INC. a California corporation, called ENGINEER. day of BERNARDINO, and GFB- hereinafter 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 which shall be designated as Assessment District No. 1003, "Cajon Blvd. Area, South of Pepper Linden Drive Acquisition Assessment District." Said assessment district shall be formed pursuant to the Municipal Improvement Act of 1913 with bonds to bw sold pursuant to the Improvement Bond Act of 1915 in order to finance certain public infrastructure improvements within, and adjacent to, Tract 14503; and b. That in order to develop such a program. sary to retain the professional services engineering and consulting firm; and It is neces- of a qual ified c. That ENGINEER is qualified to provide said professional services for the development of such a program; and d. That the City of San Bernardino cil have elected to engage the upon the terms and conditions as Mayor and Common Coun- services of ENGINEER hereinafter set forth. 2. Services ENGINEER shall perform those services specified in "Scope of Services", 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 Serv- ices" is made an obligation of ENGINEER under this Agree- ment, subject to any changes made subsequently upon the mutual agreement of the parties hereto. 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 twenty-two thousand five hundred dollars ($22,500.00); which amount shall be paid in monthly installments as work progresses and shall be totally due and payble upon completion of all the terms of work specified in the Scope of Services. Reimburseable out- side costs such as reproduction, blueprinting, binding and courier service shall be invoiced additionally at ENGINEER'S cost. 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 in- voiced based on ENGINEER'S "Schedule of Hourly Rates" dated August 1, 1990, a copy of which is attached hereto as Ex- hibit "B" and incorporated herein by reference and made a part hereof as though it were fully set forth herein. 5. Payment by 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 Supervision 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 will perform his professional services in a timely manner consistant with sound professional practices. ENGINEER hereby agrees that all the work required hereunder shall be completed by ENGINEER in sufficient time to enable CITY to deliver to the San Bernardino County Auditor- Controller's office the assessment ihformation to be in- cluded on the tax bills by no later than August 10, 1991. 2 8. Assurance of Compliance with Civil Ri~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 en- sure that applicants are employed and employees are treated during employment without regard to their race, color, religion, sex, marital status or national origin. Such ac- tion 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 in- dividual 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 A~reement The CITY or the ENGINEER may terminate this AGREEMENT for reasons identified elsewhere in theis AGREEMENT, or for other reasons which may arise. In the event such termina- tion 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 temination notice. Irrespective of which party shall effect termination or the cause therefor, the CITY shall within thirty (30) calendar days of termination remunerate the EN- GINEER for services rendered and costs incurred, in accor- dance with the ENGINEER'S prevailing fee schedule and ex- pense reimbursement policy. Services shall include those rendered up to the time of termination, as well as those as- sociated with termination itself, such as demobilizing, modifying schedules, reassigning personnel, and so on. Costs shall include those incurred up to the time of ter- mination, as well as those associated with termination and post-termination activities. 3 I 10. Independent Contractor ENGINEER shall act as an independent contractor in the per- formance 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-Assi~nment This Agreement is not assignable either in whole or in part by either party without the written consent of the other. 12. Ownership 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 Liability 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 EN- GINEER, 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, er- rors or omissions under this Agreement to the extent such suit is caused by reason of any of the aforesaid negligent acts, errors or omissions. 4 15. Notices Official writing ENGINEER notices relative to this Agreement shall be in and addressed to the following representatives of and CITY: ENGINEER CITY GFB-Friedrich & Assoc., Inc. Attn: Mr. John Friedrich 6809 Indiana Ave., Ste. 201 Riverside, CA 92506 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 to be executed on the date first above written by tive officer duly authorized in that behalf. this Agreement their respec- CITY OF SAN A Munic~al ?/7 /' / BERNARDINO Corporatio ./'7 /' GFB-FRIEDRICH & ASSOC.. INC. / >/ .-- hUG 7 - 1991 ATTEST: ~..cA.c.L ~..~ Ra el Krasney City Clerk AS TO FORM AND LEGAL /) J ~J-f~ J mes F. Penman, ity Attorney 5 EXHIBIT "A" SCOPE OF SERVICES In conjunction with the financing of improvements to be con- structed utilizing the assessment proceedings pursuant to the Municipal Improvement Act of 1913 and the issuance of 1915 Act bonds, the ENGINEER shall provide the following services to CITY: 1. Assist in preparation of time schedule for assessment proceedings. 2. Review engineering design and documents to assure proper assessment engineering procedures are in order. 3. Obtain proper addresses of owners, ship data base. and prepare owner- 4. Prepare boundary and diagram maps. 5. Prepare opinions of probable construction costs, property acquisition and incidental costs associated with assessment district. The estimate will be prepared based on data furnished by CITY'S staff and consultants. 6. Prepare preliminary engineer's report to include as- sessments upon and against the parcels in the district for the total amount of costs and expenses of such work in proportion to the estimated benefits to be received by each of the parcels. 7. Prepare improvement notices and post same throughout the district. Declare that this has been done. 8. Meet with affected property owners during the assess- ment spread process to ensure that those persons have an understanding of the method of assessment spread prior to public hearing. 9. After opening construction and bond bids, amended engineer's report. prepare an 10. Upon completion of public hearing and confirmation of the assessments, make such revisions as are ordered by The Mayor and Common Council, publish final engineer's report and assist in filing of same as required by statute. 11. Prepare and mail notice of confirmed assessments. A-I I 12. Consult with and provide information to bond under- writer. 13. Review and coordinate assessment engineering activities with District's staff and legal counsel responsible for assessment district proceedings. Under this Agreement, services: ENGINEER is not providing the following 1. Construction documents. 2. Project site visits. 3. Control over precautions, tractor. construction means or methods, which is the responsibility of or safety the Con- 4. Right-of-way documents, appraisals or acquisition. 5. Mailing of notice of public hearing and notice of con- firmed assessment. 6. Recordation of boundary map, notice of assessment. assessment diagram and 7. Preparation of debt service (amortization) schedules. 8. Submission of annual assessments to County Auditor. Under this Agreement, the CITY is to furnish or make available to ENGINEER the following information and assistance: 1. Up-to-date maps, plans, reports and other data relating to the project. 2. Mailing of notices, of assessment. and recordation of maps and notice 3. All appropriate cost estimates necessary for inclusion in the engineer's report. 4. Right-of-entry upon public and private property, as re- quired. 5. Other consultants whose services are required to com- plete the project. END A-2 August 1. 1990 EXHIBIT "B" GFB-FRIEDRICH & ASSOC.. INC. SCHEDULE OF HOURLY RATES CLASSIFICATION -------------- 1. Principal 2. Senior Civil Engineer (Reg.) 2a. Registered Engineer 3. Project Manager 4. Draftsperson/Field Inspector 4a. Special Districts Analyst 5. Designer 6. 2-Man Survey Party 7. 3-Man Survey Party 8. Survey Computer 9. Clerical 10. Engineering Aide Sub-Consultants Blueprints. Reproduction & Courier Service Job Travel Delivery HOURLY RATE $ $ $ $ $ $ $ $ $ $ $ $ 94.00 per hour 85.00 per hour 77.00 per hour 72.00 per hour 56.00 per hour 56.00 per hour 66.00 per hour 138.00 per hour 181.00 per hour 66.00 per hour 34.00 per hour 33.00 per hour Sub-Consultant fee plus 10% Vendor Costs $ $ 0.36 per mile 20.00 per hour plus mileage 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. 1991 and shall be subject to annual revision based on changes in the cost of living and the Union Labor Agreement. NOTE: B-1