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SBE077-6/l535S/kl
08/07/86
RESOLUTION NO.
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 with 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.
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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 Exhibit
"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.
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Section 3.
adoption.
I HEREBY
adopted by the
San Bernardino at
held on the
the following vote,
AYES:
NAYS:
ABSENT:
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This Resolution shall take effect upon
CERTIFY that the foregoing
Mayor and Common Counc il
a
resolution
of the
meeting
day of
to wit:
Council Members
was duly
City of
thereof,
1986, by
City Clerk
day of
The foregoing resolution is hereby approved this
, 1986.
Approved as to form:
Mayor of the City of
San Bernardino
~k"'~
,IJt. Cl ty Attorney
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EXHIBIT AO
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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.
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5 THIS AGREEMENT FOR CONSULTING ENGINEER ING 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~) (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".
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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 foil ows:
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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").
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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
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1 make avail abl e 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, alllong other items, the
5 following:
6 (a) a schedule
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7 Bonds;
8 (b) the total
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of the total unpaid principal and interest on the 1985
estimated principal amount of the reassessment and the
aggregate principal amount of the Bonds, including interest payable
thereon at the maximum interest rate, together with an estimate of all
costs and expenses in connection with said reassessment and the
issuance of the Bonds;
(c) the record of the Auditor (as defined in Streets and Highways Code
Section 8509) for the original assessments kept pursuant to Section
8682 of the California Streets and Highways Code;
(d) the estimated amount of each reassessment together with a proposed
Auditor's record for the reassessment;
(e) a reassessment diagram showing the District and the boundaries andl
dimensions of the subdivisions of land within the District;
(f) necessary certifications and postings;
(g) attend such meetings with City Staff, the property owners within the
Improvement District to be assessed, Bond Counsel and Underwriters, as
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.
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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 wil; 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 emp 1 oyee 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
18 covenants that in the performance of this Agreement 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:
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(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%.
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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 Clty 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
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300 North "0" Street
San Bernardino, CA 92418
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1 IN WITNESS WHEREOF, the parties have executed this Agreement this
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4 CITY OF SAN BERNARDINO
day of
, 1986.
C M ENGINEEKING ASSOCIATES
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6 By
By c:r~ 4r"fJ7:;!ll
Clyde Hippenstiel
7 Mayor of the City of San Bernardino
8
Executive Vice President
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10 Attes t:
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13 Shauna Clark, City Clerk
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15 APPROVED AS TO FORM:
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Ralph H. Princ , City Attorney
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