HomeMy WebLinkAbout1984-476
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RESOLUTION NO.
84-476
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO, APPOINTING ASSESSMENT ENGINEERS FOR SPECIAL
ASSESSMENT PROCEEDINGS AND APPROVING CONTRACTS THEREWITH.
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(Assessment District No. 961)
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WHEREAS, this Mayor and Common Council propose to take
proceedings pursuant to the Municipal Improvement Act of 1913 for
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the construction, installation and acquisition of certain
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subdivision improvements, appurtenances and appurtenant works in
that certain subdivision designated as "Tract No. 12034".
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DO HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the firm of C M Engineering Associates is
hereby appointed Assessment Engineers for such proceedings, in
accordance with the terms of that certain agreement complete as
per sample attached to this resolution as Exhibit 1, which
agreement is hereby approved. The Mayor is hereby authorized and
directed to sign such agreement for and on behalf of the City,
and the City Clerk is hereby authorized and directed to attest
thereto.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
rpqulnr
meeting thereof, held on
the
19th
day of
November
, 1984, by the following
vote, to wit:
/ / / /
/ / / /
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AYES:
Councilmen Reilly, Hernandez, Marks,
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Quiel, Frazier, strickler
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NAYS:
None
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ABSENT:
Council Member Castaneda
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0hCL.Uru}._ c!lt;u.k 111,
/ City Clerk v{.
....:?/A day
of
November
The foregoing resolution is
, 1984.
Approved as to form:
Ci~~~
the City of San Bernardino
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CONSULTANT ENGINEERING SERVICES AGREEMENT FOR FORMATION OF AN
ASSESSMENT DISTRICT TO INSTALL OFF-SITE IMPROVEMENTS AND ROUGH
GRADING FOR TRACT 12034, PARK CENTRE PROPERTIES AREA
THIS AGREEMENT FOR ASSESSMENT ENGINEERING SERVICES
("Agreement") is made and entered into as of the date of
execution of this Agreement, by and between the CITY OF SAN
BERNARDINO, CALIFORNIA (the "City"), and C M Engineering
Associates ("Assessment Engineer").
Recitals
A. Proceedings are being taken by the Mayor and Common
Council of the City under the Municipal Improvement Act of 1913,
Division 12 of the Streets and Highways Code of the State of
California ("Code"), and the issuance of improvement bonds under
the Improvement Bond Act of 1915, Division 10 of the Code, for
the acquisition and construction of certain subdivision
improvements and appurtenant works in that subdivision designated
as "Tract No. 12034" and it is desirable to employ an Assessment
Engineer to prepare the necessary maps, diagrams, assessment roll
and Engineer's Report in coordination with the staff of the City
and other experts involved.
B. C M Engineering Associates, a Consulting Engineering
firm located in the City of San Bernardino, has performed
Assessment Engineering services for the City in the past.
NOW, THEREFORE, based upon the foregoing and in
consideration of the mutual promises and agreements set forth in
this Agreement, the parties agree as follows:
Section 1. The City hereby employs Assessment Engineer in
connection with the taking of such proceedings and the
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preparation of assessment documents and to perform such duties as
are hereinafter more particularly set forth.
Section 2. Assessment Engineer shall be available at all
reasonable times by telephone or at their offices for
consultation and advice regarding any problems in connection with
the implementation of the Project, and shall supply and make
available to the City their knowledge, experience and expertise
in order that the Project can be successfully carried out.
Section 3. The Assessment Engineer shall:
(a) Advise and assist the City in assimilation or in
preparation of the Engineer's Report, including the maps,
diagrams, plans, specifications, assessment roll, cost estimate,
and other materials incidental to or supportive of same;
(b) Make such trips and schedule such conferences as may be
necessary for the coordination of all efforts to carry forth the
Project within the schedules established therefor;
(c) Supply the City with the following and other documents
reasonably necessary to enable the City to carry out assessment
proceedings in a timely and lawful manner;
(1) Proposed Boundary Map of Assessment District No.
961
(2) Assessment Roll
(a) Preliminary assessment spread
(b) Final assessment spread
(3) Assessment Diagram
Preparation and recording
(4) Engineer's Report
(5) Necessary certifications and postings
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(d) Attend such meetings with the City personnel, the
developer of the property to be assessed, Bond Counsel and the
Underwriters, as may be reasonably necessary or required for the
implementation of the Project;
(e) Attend the meetings of the Mayor and Common Council of
the City at which public hearings, bond sales or other actions of
the Mayor and Common Council are to be taken;
(f) Review proceedings taken by the City under the
California Environmental Quality Act ("CEQA" herein) of 1970, as
amended, and advise the City Staff as to what is needed to cause
the Project to be carried out in compliance with CEQA (except
that the preparation of an Environmental Impact Report, if
required, can be prepared or modified by the Assessment Engineer
on a time and materials basis in addition to this Agreement);
Section 4. Assessment Engineer Status
(a) Assessment Engineer's Professional Status - Assessment
Engineer accepts the relationship of trust and confidence to be
established with the City. Assessment Engineer covenants with
City that it will exercise its best professional skill and
judgment in furthering the interest of the City. Assessment
Engineer shall be at all times herein an independent contractor
and not an employee or agent of City.
(b) Assignability - The experience, skill and expertise of
Assessment Engineer is of the essence of this Agreement.
Assessment Engineer shall not assign (whether in whole or in part
of any right or interest hereunder) without the prior written
consent of City. Any Assignment or attempt to assign this
Agreement without such prior written consent or by operation of
law shall constitute cause for termination.
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(cl Interest of Assessment Engineer - Assessment Engineer
covenants that it presently has no interest and shall not acquire
any interest, direct or indirect, which would conflict in any
manner or degree with the performance of service required to be
performed under this Agreement. Consultant further covenants
that in the performance of this Agreement no person having any
such interest shall be employed.
Section 5. Compensation
(al For Assessment Engineer services hereunder, Assessment
Engineer shall be paid a fee as set forth below:
(ll Assessment Documents and all
related services, lump sum: $15,500.00
(2l Publication, printing recording fees, posting
expenses and out-of-pocket expenses normally incurred
by Assessment Engineer, at cost plus 10%.
payment of the lump sum fee will be made in the following
stages:
(al Seventy-five percent at completion of
preliminary assessment spread, Assessment Diagram
and Engineer's Report.
(bl Twenty percent upon confirmed assessment roll
and Engineer's Report being accepted by Mayor and
City Council.
(cl Five percent upon recording assessment
documents.
payment of reimbursement expense~ shall be made promptly
after submission.
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,
Cb) Changes - Should City require changes in the scope of
the services of Assessment Engineer to be performed hereunder,
such changes including any corresponding increase or decrease in
the amount of Assessment Engineer's compensation, which shall be
mutually agreed upon by and between City and Assessment Engineer,
shall be incorporated in this Agreement only by written
amendments hereto.
Cc) Time of Essence - Time is of the essence with respect
to Assessment Engineer's performance under this Agreement.
Cd) Notices - All notices herein required shall be in
writing and delivered in person or sent by certified mail,
postage prepaid, addressed as follows:
City of San Bernardino
Director of Public Works/
City Engineer
300 N. RDR Street
San Bernardino, CA 92418
C M Engineering Associates
225 East Airport Drive
San Bernardino, CA 92408
IN WITNESS WHEREOF, the
parties have
/~_,k)
executed this
Agreement this Lor--c
day of
, 1984.
C M ENGINEERING ASSOCIATES
By
ik ,)~~. pq.:;Q;
yde Hippenstiel,
Executive Vice-President
Attest:
,..,~&'/?4M2/!hu/
City Clerk
APPROVED AS TO FORM:
~~~
City Attorney
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