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HomeMy WebLinkAbout1981-110 I RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH INLAND ASSOCIATES FOR ENGINEERING 3 SERVICES FOR ASSESSMENT DISTRICT NO. 5861 . 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 SECTION 1. The Mayor of the City of San Bernardino is hereby 7 authorized and directed to execute on behalf of said City an 8 Agreement with Inland Associates for engineering services for 9 Assessment District No. 5861, a copy of which is attached hereto, 10 marked Exhibit "A" and incorporated herein by reference as fully 11 as though set forth at length. 12 I HEREBY CERTIFY that the foregoing resolution was duly 13 adopted by the Mayor and Common Council of the City of San 14 Bernardino at a in r meeting thereof, held 15 an the day o � ' 1981, by the following 16 vote, to wit: AYES: Councilmen 17 --- 19 NAYS: . 20 ABSENT: to„��tticls� 21 22 City Clerk 23 The foregoing resolution is hereby approved t day 24 Of 1981 . 25 � a or f City of an Bernardino 26 Approved as to form: 27 0 28 ity At orney ENGINEERING SERVICES AGREEMENT FOR ASSESSMENT DISTRICT NO. 5861 THIS AGREEMENT, made and entered into on 1981 , by and between the CITY OF SAN BERNARDINO, a Municipal Corporation, hereinafter referred to as "City," and INLAND ASSOCIATES, hereinafter referred to as "Consultant." WITNESSETH: WHEREAS, Assessment District No. 5861 has been initiated by the City for the purpose of performing on-site grading and off-site street improve- ments for Tracts 11058, 11259, 11260 and 11261 ; and WHEREAS, City intends to have these improvements done by contract; and WHEREAS, City had need of having construction staking done by a Consulting Engineer; and WHEREAS, Consultant has represented to the City that he has the required professional qualifications and capabilities to perform the construction staking in an expeditious manner as dictated by the Contractor's Schedule of work. NOW, THEREFORE, BE IT MUTUALLY AGREED BY THE PARTIES HERETO AS FOLLOWS: 1 . GENERAL -- Consultant shall furnish all necessary labor, materials, equipment, transportation and supplies as required to perform the construction staking for the on-site grading and off-site street improvements for Tracts 11058, 11259, 11260 and 11261 , in accordance with Plan No. 5861 . All work covered by this Agreement shall be done in an expeditious manner as required to accomodate the Contractor's Schedule of work. Consultant shall provide the following items of work: I. CONSTRUCTION STAKING a. Prepare grade sheet for Inspector. b. Install one set of stakes for rough grading of streets. Engineering Services Agreement Page 2 c. Install one set of stakes for sanitary sewer construction. d. Install one set of stakes for storm drain and appurtenant facilities construction. e. Install one set of stakes for water line construction. f. Install one set of stakes for curb and gutter construction. g. Install one set of stakes for lot grading (including slope stakes as required by the Contractor) . h. Install one set of construction stakes for each type of off-tract improvement work required by the approved improve- ment plans. II. ON-SITE GRADING SUPERVISION a. Make periodic visits to the project site to observe the progress of the grading. b. Coordinate material tests with designated Soil Testing Laboratory. c. Review material test results and determine conformance with plans and specifications. d. If required, adjust elevations of pads as necessary to achieve a balanced project. e. Obtain Soil Grading Report from the Soils Engineer, to verify compliance with the Preliminary Soils Report. f. Upon completion of the grading revise grading plan to reflect "AS GRADED" conditions. g. Submit a Final Report, certifying that the grading was done in conformance with the plans and specifications. III. MONUMENTATION a. Set monumentation for Tracts No. 11058, 11259, 11260 and 11261 , as required by the Subdivision Map Act and City Subdivision Ordinance No. 3847. 2. COMPENSATION -- City shall reimburse Consultant for services rendered under this Contract as set forth below: I. CONSTRUCTION STAKING - $15,000.00 II. ON-SITE GRADING CERTIFICATION - $ 6,000.00 III. MONUMENTATION - $18,000.00 TOTAL $39,000.00 Engineering Servi.Ges agreement Page 3 Payments will be made at Monthly intervals , based upon the estimated amount of work completed. In the event that this Agreement is terminated, or if extra work is required, Consultant shall be compensated at the total rate of $65.00 per hour for each two (2) man survey party, and at a total rate of $85.00 per hour for each three (3) man survey party. 3. CITY'S RIGHT TO AUDIT RECORDS -- Consultant shall maintain and keep adequate books and records on a current basis recording all time expended by its personnel and all expenses incurred by Consultant in a form satisfactory to City and in accordance with generally accepted accounting principles. Said books and records and all supporting details shall be made available to City for purposes of audit at all reasonable times and places. All such books and records shall be maintained by Consultant for such periods of time as required by law; provided, however, notwithstanding any shorter periods of retention, of at least three (3) years after the completion of the work provided for by this Agreement. 4. CONSULTANT'S PROFESSIONAL STATUS -- Consultant accepts the relationship of trust and confidence to be established between it and the City. Consultant covenants with City that it will exercise its best professional skill and judgement in furthering the interest of City. Consultant shall be at all times herein an independent contractor and not an employee or agent of City. 5. ASSIGNABILITY -- The experience, skill and expertise of Consultant is of the essence of this Agreement. Consultant shall not assign (whether by whole or in part or any right or interest hereunder in whole or in part or any right or interest hereunder without the prior written consent of City except as for established sub-contractors previously indicated in bid proposal and submission. Any assignment or attempt to assign this Agreement without such prior written consent or by operation of law shall constitute cause for termination. Engineering Services Agreement Page 4 6. INTEREST OF CONSULTANT -- Consultant convenants 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 services 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. 7. TERMINATION OF AGREEMENT FOR CAUSE -- If for any cause Consultant shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall thereupon have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event all finished and unfinished, surveys, or other material prepared by Consultant under this Agreement shall , at the option of City, become its property and Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed. Notwithstanding the above, Consultant shall not be relieved of liability to City for damage sustained by City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments to Consultant for purpose of set-off until such time as the exact amount of damages due City from Consultant is determined. This Agreement may not be terminated for cause if the failure to perform arises from unforeseeable cause beyond the control and without the fault or negligence of Consultant. 8. TERMINATION FOR CONVENIENCE OF CITY -- City may terminate this Agreement at any time by giving written notice to Consultant of such termination and specifying the effective date thereof at least fifteen (15) days before the Engineering Services Agreement Page 5 effective date of such termination. In such event, all materials as described in Paragraph 7 above shall , at the option of City, become its property. If the Agreement is terminated by City as provided herein, Consultant will be entitled to be paid all compensation for work performed to the date of termination; provided that in no event shall the compensation of Consultant or reimbursable expenses exceed the amount provided for in this Agreement. If termination is due to the fault of persons other than Consultant, Consultant will be entitled to be paid all compensation for work performed to the date of termination. Should this Agreement be terminated due to fault of Consultant, Paragraph 7 hereof relative to termination shall be applicable. 9. TERMINATION FOR NON-DELIVERY OF BONDS -- In the event that the bonds for Assessment District No. 5861 are not delivered, this Agreement be auto- matically terminated. 10. START OF WORK -- Consultant shall do no work under the provisions of this Agreement until being directed, in writing, by the City Engineer to proceed. 11 . CHANGES -- Should City require changes in the scope of the services of Consultant to be performed hereunder, such changes including any corresponding increase or decrease in the amount of Consultant's compensation, which shall be mutually agreed upon by and between City and Consultant, shall be incorporated in this Agreement only by written amendments hereto. 12. CONSULTANT TO HOLD HARMLESS -- Consultant hereby agrees to, and shall , hold City, its elective and appointive boards , commissions, officers , agents 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 shich may arise from Consultant's operations under this Agreement, whether such operations be by Consultant or by any one or more persons directly or Engineering Services Agreement Page 6 indirectly employed by or acting as agent for Consultant. Consultant agrees to and shall defend City and its elective and appointive boards, commissions, officers, agents and employees from and suits or actions at law or in equity for damages caused, or alleged to have been caused by reason of any of the aforesaid operations. 13. TIME OF ESSENCE -- Time is of the essence with respect to Consultant's performance under this Agreement. 14. 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 Inland Associates City Engineer 1572 North Waterman Avenue 300 North "D" Street San Bernardino, Ca 92404 San Bernardino, California 92418 The parties have executed this Agreement on 4IdWzz1W 1981 . CITY OF SAN SAN BERNARDINO 1 or ATTEST: l My y Clerk Approved as to form City At orney INLAND ASSOCIATES r BY: t