HomeMy WebLinkAbout1986-423
SBE077-6/1535S/kl
08/07/86
RESOLUTION NO. 86-423
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A
CERTAIN PROPOSAL AND AGREEMENT (CONSULTING
ENGINEER)
WHEREAS, the City of San Bernardino, California (the
"City"), has been requested to commence study of the feasibility of
issuing refunding bonds pursuant to the Refunding Act of 1984 for
1915 Improvement Act Bonds (Streets and Highways Code of the State
of California, Section 9500, et seq.) (the "1984 Act") to refund the
outstanding
principal
balance
of
the
$13,400,000
City
of
San Bernardino, Improvement Bonds, Assessment District No. 961,
Series 1985 (Park Centre) (the "Refunded Bonds"); and
WHEREAS,
CM Engineering Associates
(the
"Consulting
Engineer"), has submitted a proposal to act as a consulting civil
engineer and assist the City and City Staff in the assessment
engineering in connection wi th the issuance of refunding bonds of
the City, in connection with the refunding of Assessment District
No. 961; and
WHEREAS, it is desirable for the Consulting Engineer and
the City to enter into an agreement whereby the respective rights,
obligations and duties of the Consulting Engineer and the City may
be set forth with respect thereto.
- 1 -
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
Section 1. The City hereby approves the proposal and
agreement of the Consulting Engineer as attached hereto as Exhibi t
"A" and incorporated herein by reference and made a part hereof.
Section 2. The City further authorizes the Mayor and
City Clerk to execute and date said agreement with the Consulting
Engineer with the seal of the City to be affixed thereto subject to
approval thereof by the City Attorney.
- 2 -
1
Section 3.
This Resolution shall take effect upon
adoption.
I HEREBY CERTIFY that the foregoing
adopted by the Mayor and Conunon Council
San Bernardino at a rp~1l1 ~r
held on the ?01-h day of (),..1-()h~r
the following vote, to wit:
resolution was duly
of the Ci ty of
meeting thereof,
1986 , by
AYES:
Council Members Estrada, Reilly, Hernandez,
Marks, Quiel, Frazier, Strickler
NAYS:
None
ABSENT:
None
.~~d?/~
Ci ty~lerk
day of
The foregoing resolution is hereby approved this d<~
October , 1986.
Mayor of he City
San Bernardino
Approved as to form:
~.~~o!;~
- 3 -
EXHIBIT A
1 CONSULTANT CIVIL ENGINEERING SERVICES PROPOSAL AND AGREEMENT TO ASSIST THE CITY
2 AND CITY STAFF IN THE ASSESSMENT ENGINEERING FOR ISSUANCE OF REFUNDING BONDS AND
3 FORMATION OF A REASSESSMENT DISTRICT.
4
5 THIS AGREEMENT FOR CONSULTING ENGINEERING SERVICES (IfAgreementlf) is made and
6 entered into as of the date of execution of this Agreement, by and between the
7 CITY OF SAN BERNARDINO, CALIFORNIA (the IfCitylf), and C M Engineering Associates
8 (the "Consulting Engineer").
9
Recitals
10 A. The Mayor and Common Council of the IfCitylf have been requested to
11 commence study of the feasibility of issuing refunding bonds pursuant to the
12 Refunding Act of 1984 for 1915 Improvement Act Bonds (Streets and Highways Code
13 Section 9500, et seq) (the "1984 Actlf) to refund the outstanding principal of the
14 $13,400,000 City of San Bernardino Improvement Bonds, Assessment District
15 No. 961, Series 1985 (Park Centre) (the "1985 Bonds").
16 B. C M Engineering Associates, a Consulting Engineering firm located in the
17 City of San Bernardino, has assisted the City and City Staff in preparation of
18 the Assessment District No. 961 "Engineers Report".
19 NOW, THEREFORE, based upon the foregoing and in consideration of the mutual
20 promises and agreements set forth in this Agreement, the parties agree as
21 f 011 ows :
22
Section 1. The City hereby employs the Consulting Engineer to assist the
23 City and the City Engineer in a timely and lawful manner to prepare and to file
24 with the City Clerk a written report in accordance with Section 9523 of the 1984
25 Act (the "Report ") .
26
Section 2. Consulting Engineer shall be available at all reasonable times
27 by telephone or at their offices for consultation and advice regarding any prob-
28 lems in connection with the implementation of the Report, and shall supply and
1 make available to the City their knowledge, experience and expertise in order
2 that the Report can be successfully prepared and filed.
3 Section 3. The Consulting Engineer shall assist the City and the City Staff
4 in preparation of the Report which shall include, among other items, the
5 following:
6 (a) a schedule of the total unpaid principal and interest on the 1985
'"
7 Bonds;
8 (b) the total estimated principal amount of the reassessment and the
9 aggregate principal amount of the Bonds, including interest payable
10 thereon at the maximum interest rate, together with an estimate of all
11 costs and expenses in connection with said reassessment and the
12 issuance of the Bonds;
13 (c) the record of the Auditor (as defined in Streets and Highways Code
14 Section 8509) for the original assessments kept pursuant to Section
15 8682 of the California Streets and Highways Code;
16 (d) the estimated amount of- each reassessment together with a proposed
17 Auditor's record for the reassessment;
18 (e) a reassessment diagram showing the District and the boundaries and
19 dimensions of the subdivisions of land within the District;
20 (f) necessary certifications and postings;
21 (g) attend such meetings with City Staff, the property owners within the
22 Improvement District to be assessed, Bond Counsel and Underwriters, as
23
24
25
26
27
28
may be reasonably necessary or required for the implementation of the
Report; and
(h) attend 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 for review or acceptance of the Report.
1 Section 4. Consulting Engineer Status
2 (a) Consulting Engineer's Professional Status - Consulting Engineer accepts
3 the relationship of trust and confidence to be established with the City.
4 Consulting Engineer covenants with City that it will exercise its best
5 professional skill and judgment in furthering the interest of the City.
6 Consulting Engineer shall be at all times herein an independent contractor and
7 not an employee or agent of the City.
8 (b) Assignability The experience, skill and expertise of Consulting
9 Engineer is the essence of this Agreement. Consulting Engineer shall not assign
10 (whether in whole or in part of any right or interest hereunder) without the
11 prior written consent of City. Any Assignment or attempt to assign this
12 Agreement without such prior written consent or by operation of 1 aw shall
13 constitute cause for termination.
14 (c) Interest of Consulting Engineer - Consulting Engineer covenants that it
15 presently has no interest and shall not acquire any interest, direct or indirect,
16 which would conflict in any manner or degree with the performance of service
17 required to be performed under this Agreement. Consulting Engineer further
18 covenants that in the performance of this Ag~eement no person having any such II
19 interest shall be employed.
20 Section 5. Compensation
21 (a) For Consulting Engineer services hereunder, Consulting Engineer shall
22 be paid a fee as set forth below:
23
24
25
26
27
28
(1) Engineers Report and Documents and all related services, lump
sum:
$15,750.00
(2) Publication, printing recording fees, posting of notices, expenses
and out-of-pocket expenses normally incurred by Consulting
Engineer, at cost plus 20%.
1 Payment of the lump sum fee will be made in the following stages:
2 (a) Seventy-five percent at completion of preliminary assessment
3 spread, Assessment Diagram and preliminary Engineers Report.
4 (b) Twenty percent upon confirmed assessment roll and Engineers Report
5 being accepted by Mayor and City Council.
6 (c) Five percent upon recording assessment documents.
7 Payment of reimbursement expenses shall be made promptly after submission.
8 (b) Changes - Should City require changes in the scope of the services of
9 Consulting Engineer to be performed hereunder, such changes including any
10 corresponding increase or decrease in the amount of Consulting Engineer's
11 compensation, which shall be mutually agreed upon by and between City and
12 Consulting Engineer, shall be incorporated in this Agreement only by written
13 amendments hereto.
14 (c) Time of Essence - Time is of the essence with respect to Consulting
15 Engineer's performance under this Agreement.
16 (d) Notices - All notices herein required shall be in writing and delivered
17 in person or sent by certified mail, postage prepaid, addressed as follows:
18 City of San Bernardino C M Engineering Associates
19 Director of Public Works/ 225 East Airport Drive
20 City Engineer San Bernardino, CA 92408
21
22
23
24
25
26
27
28
300 North "0" Street
San Bernardino, CA 92418
1 IN WITNESS WHEREOF, the parties have executed this Agreement this
2
3
~/~
day of
d~
, 1986.
4 CITY OF SAN BERNARDINO
: B/d~~)f~?
C M ENGINEERING ASSOCIATES
7 Mayor of the City of San Bernardino
BY~~
Clyde Hippenstiel
8
9
Executive Vice President
10 Attest:
11
12 ~//7?~~#'
./
13 Shauna Clark, City Clerk
14
15 APPROVED AS TO FORM: ,
~: Rf!;~4?!orneY
20
21
22
23
24
25
26
27
28
EXHIBIT A
1 CONSULTANT CIVIL ENGINEERING SERVICES PROPOSAL AND AGREEMENT TO ASSIST THE CITY
2 AND CITY STAFF IN THE ASSESSMENT ENGINEERING FOR ISSUANCE OF REFUNDING BONDS AND
3 FORMATION OF A REASSESSMENT DISTRICT.
41
5 THIS AGREEMENT FOR CONSULTING ENGINEERING SERVICES ("Agreement") is made and
6 entered into as of the date of execution of this Agreement, by and between the
7 CITY OF SAN BERNARDINO, CALIFORNIA (the "City"), and C M Engineering Associates
8 (the "Consulting Engineer").
9
Recitals
10 A. The Mayor and Common Council of the "City" have been requested to
11 commence study of the feasibility of issuing refunding bonds pursuant to the
12 Refunding Act of 1984 for 1915 Improvement Act Bonds (Streets and Highways Code
13 Section 9500, et seq) (the "1984 Act") to refund the outstanding principal of the
14 $13,400,000 City of San Bernardino Improvement Bonds, Assessment District
15 No. 961, Series 1985 (Park Centre) (the "1985 Bonds").
16 B. C M Engineering Associates, a Consulting Engineering firm located in the
17 City of San Bernardino, has assisted the City and City Staff in preparation of
18 the Assessment District No. 961 "Engineers Report".
19
NOW, THEREFORE, based upon the foregoing and in consideration of the mutual
20 promises and agreements set forth in this Agreement, the parties agree as
21 f 011 ows :
22
Section 1. The City hereby employs the Consulting Engineer to assist the
23 City and the City Engineer in a timely and lawful manner to prepare and to file
24 with the City Clerk a written report in accordance with Section 9523 of the 1984
25 Act (the II Report ") .
26
Section 2. Consulting Engineer shall be available at all reasonable times
27 by telephone or at their offices for consultation and advice regarding any prob-
28 1 ems
in connection with the implementation of the Report,
and shall supply and
1 make available to the City their knowledge, experience and expertise in order
2 that the Report can be successfully prepared and filed.
3 Section 3. The Consulting Engineer shall assist the City and the City Staff
4 in preparation of the Report which shall include, among other items, the
5 following:
6 (a) a schedule of the total unpaid principal and interest on the 1985
7 Bonds;
8 (b) the total estimated principal amount of the reassessment and the
9 aggregate principal amount of the Bonds, including interest payable
10 thereon at the maximum interest rate, together with an estimate of all
11 costs and expenses in connection with said reassessment and the
12 issuance of the Bonds;
13 (c) the record of the Auditor (as defined in Streets and Highways Code
14 Section 8509) for the original assessments kept pursuant to Section
15 8682 of the California Streets and Highways Code;
16 (d) the estimated amount of each reassessment together with a proposed
17 Auditor's record for the reassessment;
18 (e) a reassessment diagram showing the District and the boundaries and
19 dimensions of the subdivisions of land within the District;
20 (f) necessary certifications and postings;
21 (g) attend such meetings with City Staff, the property owners within the
22 Improvement District to be assessed, Bond Counsel and Underwriters, as
23
24
25
26
27
28
may be reasonably necessary or required for the implementation of the
Report; and
( h ) attend 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 for review or acceptance of the Report.
1 Section 4. Consulting Engineer Status
2 (a) Consulting Engineer1s Professional Status - Consulting Engineer accepts
3 the relationship of trust and confidence to be established with the City.
4 Consulting Engineer covenants with City that it will exercise its best
5 professional skill and judgment in furthering the interest of the City.
6 Consulting Engineer shall be at all times herein an independent contractor and
7 not an employee or agent of the City.
8 (b) Assignability - The experience, skill and expertise of Consulting
9 Engineer is the essence of this Agreement.
Consulting Engineer shall not assign
10 (whether in whole or in part of any right or interest hereunder) without the
11 prior written consent of City. Any Assignment or attempt to assign this
12 Agreement without such prior written consent or by operation of law shall
13 constitute cause for termination.
14 (c) Interest of Consulting Engineer - Consulting Engineer covenants that it
15 presently has no interest and shall not acquire any interest, direct or indirect,
16 which would conflict in any manner or degree with the performance of service
17 required to be performed under this Agreement.
Consulting Engineer
further I
any SUCh!
I
18 covenants that in the performance of this Agreement no person having
19 interest shall be employed.
20 Section 5. Compensation
21 (a) For Consulting Engineer services hereunder, Consulting Engineer shall
22 be paid a fee as set forth below:
23
24
25
26
27
28
(1) Engineers Report and Documents and all related services, lump
sum:
$15,750.00
(2) Publication, printing recording fees, posting of notices, expenses
and out-of-pocket expenses normally incurred by Consulting
Engineer, at cost plus 20%.
1 Payment of the lump sum fee will be made in the following stages:
2 (a) Seventy-five percent at completion of preliminary assessment
3 spread, Assessment Diagram and preliminary Engineers Report.
4 (b) Twenty percent upon confirmed assessment roll and Engineers Report
5 being accepted by Mayor and City Council.
6 (c) Five percent upon recording assessment documents.
7 Payment of reimbursement expenses shall be made promptly after submission.
8 (b) Changes - Should City require changes in the scope of the services of
9 Consulting Engineer to be performed hereunder, such changes including any
10 corresponding increase or decrease in the amount of Consulting Engineer's,
11 compensation, which shall be mutually agreed upon by and between City and
12 Consulting Engineer, shall be incorporated in this Agreement only by written
13 amendments hereto.
14 (c) Time of Essence - Time is of the essence with respect to Consulting
15 Engineer's performance under this Agreement.
16 (d) Notices - All notices herein required shall be in writing and delivered
17 in person or sent by certified mail, postage prepaid, addressed as follows:
18 City of San Bernardino C M Engineering Associates
19 Director of Public Works/ 225 East Airport Drive
20 City Engineer San Bernardino, CA 92408
21
22
23
24
25
26
27
28
300 North "0" Street
San Bernardino, CA 92418
1 IN WITNESS WHEREOF, the parties have executed this Agreement this
2 0/ ~{- day of /fJdlw , 1986.
3
4 CITY OF SAN BERNARDINO
'I
5 Ct. 7 '1)/7 .
6 By U?-~d!r1 ~ II 4~
7 Mayor of the City of San Bernardino
C M ENGINEERING ASSOCIATES
By ~ !I'~~~
tY
Clyde Hippenstiel
8
9
Executive Vice President
10 Attest:
11
12 ~.&~~A#
13 Shauna Clark, City Clerk
14
15 APPROVED AS TO FORM:
16
17
18 Ralph H. Prince, City Attorney
19
20
21
22
23
24
25
26
27
28