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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
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8 of
AYES:
Council Members
lAyS:
ABSENT :
City Clerk
The foregoing resolution is hereby approved this ____ day
, 1987.
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and legal content:
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Mayor of the City of San Bernardino
. IL""-.
y Attorney
12-17-87
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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.
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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. ..
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litigation or loss arising out of Engineer's performance or.~"'.
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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.
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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
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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.
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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.
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By
Title
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y!ty Attorney
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