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'~IT~ OF SAN BE.&ARDINO - REQUE;i:$O~'~~UNCIL ACTION
From: ROGER G. HARDGRAVE. Director
Subject:
Resolution Amending Agmt:
Verdemont Area Imp. Distr. AD987
(GFB-FRIEDRICH & ASSOC.)
Dept: Public Works/Engineering
Date: March 26. 1991
Synopsis of Previous Council action:
02-06-89 __ Authorization granted to proceed with Assessment Distr. 987.
05-15-89 __ Resolution No. 89-144 adopted approving Agreement with GFB-FRIEDRICH &
ASSOC.. INC.
11-19-90 __ Resolution No. 90-464 adopted approving First Amendment to Agreement with
GFB-FRIEDRICH & ASSOC.. INC.
Recommended motion:
Adopt Resolution.
cc: Shauna Edwins. City Administrator
Andrew Green. Finance Director
Jim Penman. City Attorney
Verne Nadeau
384-5026
Contact person:
Phone:
Supporting data attached:
Staff Report. Map
5
Ward:
S10.185.45
FUNDING REQUIREMENTS:
Amount:
Source: IAcct. No.)
251-663-53925
To be paid through sale of
Verdemont Area
(Acct. DescriDtionl
Bonds
Improvement Distr.
/" \\
Finance: 'vLW D /'
Council Notes:
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CITY OF SAN BERORDINO - REQUESTQoR COUNCIL ACTION
STAFF REPORT
On February 6, 1989, the Mayor and Common Council initiated proceedings for
the improvement of Palm Avenue, Chestnut drain and installation of traffic
signals and box culvert at Palm Avenue and Kendall Drive under the
provisions of the 1913 Act.
On May 15, 1989, the firm of GFB-FRIEDRICH & Assoc. were brought on board to
perform the necessary Assessment Engineering for the project.
Due to unforeseen changes in the construction during the plan preparation,
the necessary modifications to the preliminary assessment roll and the added
requirement for preparation of a Dept Limitation Report, the Mayor and
Common Council at their meeting of November 19, 1990 adopted Resolution No.
90-464 amending the Agreement providing for additional funds to complete
that phase of the project.
The project is now under way with the Resolution of Intention and Resolution
setting a hearing being adopted on March II, 1991.
Due to the large time lag in the proceedings and the resulting massive new
development in the area, a considerable amount of extra work is now required
of the Engineer for which compensation has not been provided in the original
contract. This is a very large district and any change involving the status
quo requires many more hours of work in investigation, calculation and field
work.
It is therefore recommended that the Second Amendment to the Agreement be
approved and the Resolution adopted.
3-26-91
75.0264
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RESOLUTIOK ~O.
RESOLlTION OF THE erTY OF SAN BERNARDINO Al-THORIZI~G AKD DIRECTING THE
EXECUTION OF A SECOKD AI1END~;Et\T TO AX AGREEMEK"T nTH GFB-FRIEDRICH &.
ASSOCIATES, INC.. FOR PROFESSIO~AL SERVICES RELATIVE TO THE FOR~ATIO~ OF
ASSESS~:ENT DISTRICT /';0, 9Ri, LOCATED IK THE VERDHiONT AREA,
~-HEREAS, Dn the 15th dav of May, 1989. ResDlutiDn ND. 89-144
was adopted by the r.a~-or and Common Council of the Cit~- oi San BernardinD.
authorizing the execution of an Agreement for Professional Services with GFB-
FRIEDRICH &. ASSOC., EC. relative tD the formatiDn of Assessment District No.
9f\i located In the VerdemDllt Al-ea; dlld
liHEHL4.S. Dn the 19th d,,~' of NDvember, 1990. Resulution :\0. 90-464 was
ddoptecl, duthol-izing the executiDn Df a First Amendment tD an Agreement for-
Professional Services: and
-.-HEREAS, addi tiona 1 services Df the cDnsul tanT were necessarv for the
fDrmati Dn Df said Assessment District tio. 98i.
BE IT RESOLVED BY THE MAYOR AtiD COMMOti COUNCIL OF THE CITY OF SAN
15 BERNARDINO AS FOLLOliS:
16 SECTIO/,; 1. The Mayor is hereby authorized and directed to execute on
17 behalf of said City a Second Amendment to an Agreement for Professional
18 Services with GFB-FRIEDRICH &. ASSOC.. I1\'C. relative to Assessment District
19 No. 98i for the improvement of Palm Avenue, Chestnut Drain and Box
20 Culvert/Traffic Signals at Palm Avenue and Kendall Drive i.n the Ver-clemont
21 Area, a copy of which is attached hereto marked Exhibit "A", and incorporated
22 herein hy reference as fully as though set forth at length.
23 SECTION 2. This resoiution is rescinded if the parties to the Second
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Amendment to an Agreement for Professional Services fail to execute it within
sixt~- (60) days of the passage of this resolucion.
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RESOLUTIO~ _~. & DIR. EXECUTIO~ OF
2ND A~;END. hi AG~.l. \ l>J:o-J:JUt:.JJK1Ul)
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
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Mayor and Common Council of the City of San Bernardino at
meeting thereof, held on the
4 following vote. to wit:
5 (ounei 1 !",embers:
AlES
6 ESTRADA
7 RElLLl
8 fLORES
':ACDSLEl
MINOR
POPE-LUDLM;
MILLER
a
, 1991, b~' the
day of
~AYS
ABSTAlK
-.------
citv Clerk
The foregoing resolution is hereby approved this
day 0 f
. 1991.
Approved as to
form and legal content:
JM:ES F. PENMA~,
City Attorney
f\ )
'(r'h<- i. fc.,..~
Ii.R. Holcomb, Mayor
City of San Bernardino
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1 SECOND AI'IENDMENT TO AN
2 AGREEMENT FOR PROFESSIONAL SERVICES
3 This SECOND AMENDMENT to an Agreement for Professional Services, made
4 and entered into this day of 1991, by and
5 between the CITY OF SA:>; BER~ARDI~O, hereinafter referred to as the "CITY",
6 and GFB-FRIEDRICH & ASSOC., INC.. hereinafter referred to as "CONSULTANT".
7 WITNESSETH
8 .HEREAS, Citv dnd Consultant have entered into an Agreement for
9 Professional Services executed on the 15th day of May, 1989, for professional
10 services relative to the formation of Assessment District No. 987 for certain
11 improvements in the Verdemont Area: and
12 w~AS, City and Consultant have executed a FIRST AMENDMENT to an
13 Agreement for Professional Service on the 19th day of ~ovember, 1990; and
14 .hLREAS, additional professional services were needed by the City from
15 Consultant for the formation of said Assessment District.
16 NOW, THEREFORE. it is mutually agreed. as follows:
17 SECTION 1. Section 4, paragraph A of said Agreement for Professional
18 Service shall be amended as follows:
19 "The City shall reimburse the Engineer for actual costs (including
20 labor costs. employee benefits, overhead, profit, other direct and indirect
21 costs) incurred by the Engineer in performance of the work, in an amount not
22 to exceed $64.458.06. Actual costs shall not exceed the estimated wage rates
23 and other costs as set forth in Exhibit "3", attached hereto and incorporated
24 herein as "though set forth in full."
25 SECTION 2. Exhibit "3" of said Agreement for Professional Services
26 shall be amended to change to the following:
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F.XHTBTT "A"
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"Task 7.
56,638.0U
"Task 9.
54,144.00
"Task 10.-- 51,772,00
"Task 11.-- 520,417.28
"Task LJ,-- 51,706.00
"Task 14.-- 53,562.00
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TOTAL FEE CO~PENSATION 564,458.08'
in
said
SECTION 3,
All other items as set forth
Professional Servi ces sha II remiiin ful ly in fOI'ce.
Agreement
for
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the date written above by their duly iiuthorized officers on their
behalf .
ATTEST:
City Clerk
Approved as to form
and legal content:
JMiES F. PEl\~;AN,
City Attorney
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By: j?l~.L.
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GFB-FRIEDRICH & ASSOC., INC.
By
CITY OF SAN BERNARDINO,
a Municipal Corporation
By:
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