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HomeMy WebLinkAboutS07-Planning r. ..... '- - '-"'" ...".1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RlSOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE Ex8CUTIOR OP AN AGREEMENT WITH GTS ASSOCIATES, INC., RELATING TO ENGINBBRING SERVICES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said City an Agreement with GTS Associates, Inc., relating to engineering services, which Agreement is attached hereto, marked Exhibit wAw, and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was' duly adopted by the Mayor and Common Council of the City of San meeting thereof, held on Bernardino at a the day of vote, to wit: / / / / / / / / / , 1987, by the following 12-17-87 1 S"7 c .,-. '-' ",-"" ~ 1 2 3 4 5 6 7 8 of AYES: Council Members lAyS: ABSENT : City Clerk The foregoing resolution is hereby approved this ____ day , 1987. 9 10 11 Approved as to form and legal content: 12 13 1 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Mayor of the City of San Bernardino . IL""-. y Attorney 12-17-87 2 c "....... /", V 1"".1 1 A G R E E MEN T 2 (Engineering Services) 3 THIS AGREEMENT entered into this day of 4 1987, by and between the City of San Bernardino, a municipal 5 corporation and a charter city (WCityW), and GTS Associates, 6 Inc., a California corporation (WEngineerW). 7 WITNESSETH: 8 WHEREAS, the City has need of engineering services to 9 review the Amber Hills Development; and 10 WHEREAS, Engineer asserts that it is specially trained, 11 competent and able to perform the necessary work. 12 NOW, THEREFORE, the parties hereto agree as follows: 13 1. Engineer shall provide the following services for City: 14 Task 1 - Review City files on Tract 12949 (Amber Hills) to 15 confirm the extent and adequacy of the developmental review 16 process. 17 Task 2 - Physically reconnoiter the site to become familiar 18 with current conditions. 19 Task 3 - Confer with key individuals associated with the 20 development and approval of Tract 12949. This shall include both 21 the developers and those associated with the development as well 22 as City staff. 23 Task 4 - Confer with selected individuals in neighborhood 24 of Tract 12949 to assess impact of mud flows and evaluate 25 complaints. 26 Task 5 - Specifically review grading plan and slopes and 27 offer judgment in compliance with approval of plan. 28 , 1 c - ./"""' v ,...", '-" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Task 6 - Review existing information on abandoned irri~oD tunnels and search for more detailed information from Bear Valley Mutual Water Company, and then obtain maps of tunnels, if possible. Task 7 - Investigate any other details which City may assign and summarize in writing findings for all tasks previously identified. 2. The term of this Agreement shall be thirty (30) days from the effective date hereof. 3. Engineer agrees that it will indemnify, defend anc(~hQld harmless the City, its officers, agents and employees from ~DY. .. ~ ~; litigation or loss arising out of Engineer's performance or.~"'. ..........,'Yff. failure to perform under this Agreement. ; ~c, 4. During the term of this Agreement, Engineer will obtain and maintain public liability and property damage insurance in the amount of $1 million, naming the City, its officers, agents and employees as additional insureds. Engineer shall also maintain professional malpractice insurance and Worker's Compensation insurance. 5. Should Engineer lose his legal right to provide engineering services in the State of California, this Agreement shall terminate immediately. 6. For the services to be performed hereunder Engineer shall be compensated in the amounts shown on Exhibit A attached hereto, but total compensation shall not exceed $5,000 without prior written approval from City. The parties understand that some preliminary work has already been completed and this work may be billed and shall be included in the $5,000 maximum. 2 c - , - c ,.., "-' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 7. For all purposes of this Agreement, Engineer is an independent contractor and shall not be considered as an employee of City. 8. The services to be performed under this Agreement are personal to Engineer and may not be assigned without the prior written approval of City first had and obtained. 9. City agrees to cooperate with Engineer in providing information in City files and otherwise available to City. 10. This Agreement may be terminated at any time by City, with or without cause, by written notice to Engineer. In the case of such termination Engineer shall be entitled to compensation for all work performed to that time and all information derived shall become the property of City. 11. Any notice to be given under this Agreement shall be made in writing and delivered to the other party by deposit in 16 the United States Mail, postage prepaid and addressed as follows: 17 ~ Enaineer 18 City Administrator 300 North D Street 19 San Bernardino, CA 20 21 GTS Associates, Inc. 1685 Country Club Drive Redlands"s CA 92373 92418 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. 22 23 24 25 26 27 28 3 c ~! - "'....... -- '--" IN WITNESS WHEREOF the parties hereto have entered into this: Agreement on the day and date first above shown. CITY OF SAN BERNARDINO A'1"1'BS'f: By Mayor City Clerk GTS ASSOCIATES, INC. 1 2 3 4 5 6 7 8 9 10 11 Approved as to form and legal content: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 By Title /, 'd~ -/ pI'?<-,-" y!ty Attorney 1../ 27 28 4