CC Resolution No. 3871.01 l ~
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~ RESOLUTION N0. 3871.1
~ A RESOLUTION 0~' THE CITY COUNCIL OF THE CITY
OF CUP~RTINO APPOINTING ENGINEER AND ATTORNEYS
AND AUTHORIZING EXECUTION OF CONTRIICT FOR
•I'OR ENGINEERING SERVICES
VALLCO PARK ASSESSP~IENT DISTRICT
No. 1974-1 ,
RESOLVED, by the City Council of the City_ of Cupertino, California,
that
WHEREAS, this Council has determined to undertake proceedings pur-
suant to appropriate special assessment and assessment bond acts for
the acquisition and construction of public improvements in said City;
and
WHEFZEAS, the public interest and general welfare will be sei~ved
by appointing and employing engineers and attorneys for t?~e preparation
and conduct of said proceedings and work in connection with said acqui-
sitions and improvements; ~ .
NO~~d, THEREFORE, 'IT IS ORDERED, that
1. George S. Nolte and Associates,~San Jose, California, be,
and is hereby appointed as Engineer_of Work and employed to do and
perform all engineering work necessary in and for.said proceedings, ~
including the assembly and preparation of the Engineer's report, esti-
mate of cost, assessment diagram and assessment roll, inspection, ~
setting grade stakes, supervision of work, and preparing, signing and
filing cost certificates; that Kenneth H. Hankins, of said Geo.rge S.
Nolte and Associates, c~r. his authorized agent, t~~e, and he is hereby
designated to malce and sign any certificate or document required to
~ be made or signed.by the Engineer of Work; and that compensation there-
for shall be as set forth in the attached "Contract for Engineering
Services" and made a part hereof by reference thereto. ~
~ 2. The Public Warks Director of this City is hereby directed to
examine and approve the engineering documents and to provide th~ .
inspection of the installation of said improvements usual for his
office to provide. The cost of said inspection shall be assessed as
an incidenLal expense of said proceedings. .
3. The law firm of Wilson, Jones, Morton & Lynch, San Mateo,
California, be, and they are hereby appointed and employed to do and
perform all legal sErvices required in the conduct of said proceedings,
including the preparatioon of all pap~rs not required to be prepared
by the Engineer (exclusive of printing), examining and approving the
engineering documents as Lo legal sufficiency and advising the Engineer
in the preparation of his work, advising all City officials Qn all
matter~s i°elating thereto when cal.led upon, and furnishing their legal
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opinion on the validity of said proceedings and bonds; and that com-
pensation be fixed at two and one-half percent (2-1/2%)of the total
assessment. It.is intended that said percentage fee constitute full
compensation for all legal services required to accomplish said
project, except for litigation (other than validating suits prosecuted
on the recommendation of said attorneys) and eminent domain proceed-
ings. In the event such work is referred to said attorneys, compen-
sation therefor shall be based on reasonable fees to be approved by
the City Council.
4. The fees provided to be paid in Sections 1 and 3 hereof be
assessed as incidental expenses of the proceedings and be paid from
said assessments to be levied and bonds to be issued and not otherwise.
5. The.attached."Contract for Engineering Services" is hereby
approved, and the Mayor is hereby authorized to execute said agree-
ment, on behalf of the City and the City Clerk is authorized and
directed to attest his signature and to affix the corporate seal of
the City thereto.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Cupertino this 17th day of March , 1975, by the
following vote: _.
AYES: Councilmen — Frolich, Meyers, Sparks
NOES: Councilmen - Nellis, Jackson
ABSENT: Councilmen - None
ATTEST:
C' y Clerk
APPROVED:
Mai
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` ~ Jo~ No. 331-7~
~ , Kev. January 10, 1975
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~ AGREE~~:1T ~ OR },NGINEERING SERVIC:LS
'~1HIS t~GRi.E~LENT, made and entered into by ~tnd bei~caeen G~ORGE S.
NOLTE AND ASSOCI~TES, a California corporation, herein call~cl
"EN~INEER" and the CITY OF CUPERTYNO, a rriunicipal corporation o£
the~State of California, herein called "CITY"; ~
~ . tiJITNES SETH ~
?~~1iIEREAS, City desires to contract for preparation of assessment
~ diaoram, assessment spread and Engineer's report (exclusive of plans,
= specif icaCions and estimates) in connection with the installation of
Cupertino Assessment Districts, Projects 74-1, 74-2, 74-3 and 74-.4,
herein ca~led the "Project"; and ~
~ ~ ~~]'rIEREAS, Engineer is caillino and qualified to preQare said ~
assessmerit proceeding documents; ~
~ NOW, THEREFORE, in consideration of the.mutual. premises, cove-
n~nts, and aoreements herein set forth, the parties do hereby agree
. as foilows: ~ ~
~ I. DU'=IES OF ENGINEER ~
Engir.eer's professional services sha11 consist of the following:
1. Prepare the Assessment Diagram. ~
~ 2. Provide the Assessment Roll.
3. In conjunction ~aith the Attorney and City Engineer, prepare
. the assessment rules. ' ~
~ 4. PreparA tlie Assessment Spread and respreacl the asse~sment5
if respread is required by the amount of construction bid.
5. Provide t:p to 25 copies each of ~ngineer's Report and an~
amended Enoineer's Report if required by the amount of •
~ , the cons~truction bid. ~ .
6. Subr~it oribinal tracings of Assessm~nt Dociaments to the
~ ~ City. ~
7. Provi_dL r>~presentation of the enoinezring o.fFic~ at ~11.
' m~etin~s uf ~he City Council ~,;h~n repr~senraCion is
reqt~ested, ~a,z~ appear ~ ncl t~sti.ty as to ~~nezits and other
~ ni:~t =e.rs a~ t'ci^ public ~hesrings on the ~roject unci any
con_iiiuunc~ th~r~o:E.
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8. Er.anine the record5 i:n th~.,.u~ Cic~ ~?1 Cl.i~ i:~.~~.~«L'~~
~ for purposes oF d~termining o~aize~ship.~znd qual.i:Ei_czti.on
O~ si~natures O[7 ~111~7 peL-i~_,i.on5, :1L1C~ l~`CL'UC.LUIl (J~_ [l ~:i:t:l~.~.--
ficate as to th~ suffici~ncy thereof.
9. ~Post Notices o~ I~nprovement (to be provid~d by others)
along a11 open streets c~ithin the bou.zdaries of the
~ Assessment District at intervals of not mor~ than 300
~ f~et, and execute and .file an appropriate affidavit o£
~ Qosting caith the City C1E rk. . ~
10. ~ i~iaintain liaison with City, State of California, utility ~
companies, and othsr.jurisdictions concerned caith the .
l aspects of the Project coith wh ich Engineer is concerned.
11. ~Attend conferences and public.meetings at the request of
. ~City to consult and advise on the aspects~ of the Project
w~:th which En;ineer is concerned.
. II. DtJTIES OF CITY ~
l.. Niake all necessary provisions for Engineer to enter upon
public and private property as requized.in the perfor~ance
of hi.s services under this Agreement.
2. T~1?ke available plans, reports, estimates and all other
d~ta relative to the costs which are to be assessed in ~
conjunetion taith the Project. ~ •
.3. Revie~a documents presented by Engineer and render deci-
sions, in cariting, ~aithin a reasonable time, and g~ve ~
~ prompt c~ritten notice to Enoineer at any time City
~ observes or othertiaise becomes acaare of any error, omis-
. ~ sion or defect in the Project. ~ .
III. ~IISCELL2,i~tEOUS PROVISIOi~S
1. Engineer shall not assign any rights or duties under this
, Agreenent ~to a third par~y without the prior caritten
cons~nt of the City. ~ • .
2. It is understood Uy and betcaeen the parti`s hereto that
En~~ neer, ir~ tt.e pcrformanc^ of tllis Agree~r.ent, sh~ll
act ~~s, and be,~ <zn ir.d~p~~ndent contrlctor ~izd r~ot an
agent or ~m~loyee of Ci~y. .
3. Eclginr-.cr shall ob~L-a:ir! anu l~eep in Fu~ 1 iorc~ 1nd ~ff
ect,
comn~~~nsation ~_ns~.~rance necessary in COi1ll~~ction with tnc
~2-
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. 331-74 .
~ perforr.~ance.oF this Agreement to protect itselF and its
employees under the ~lortcmen's Cotnpeslsation Insuranee ancl
SaFety ~1ct. Such insurance shall relieve City trom 1~1
resoonsibility th~~re:Eor. Engineer sha11 supply Gity ~oith
a suitable statement cerLifying to sa.id protection and
defining the te s of the polic J. issued caithin thi.rty
(30) days after the execution of this Agreement.
4. The parties hereto agree to immediately and diligently
proczed cvith their respective duties as set for~h herein ~
to the end that the Project wi11 be completed satisfac-
torily ~aithin the shortest reasonable time.
. 5. A11 fees due City, utilit.y companies and/or other public
, agencies shall.be paid directly out of the proceeds of '
assessment bonds and are not included in Engineer's fee
~ ~ as set forth her~in.
IV. CONIPENSAT ION OF ENGINEER
1. Basis of Co~pensation: For and in consideration of the~
professional servic~s to be provided by Engineer here-
under, City agrees to pay ~ngineer,. und Engineer agrees
to accept from City as fu11 compensation for said~ser- ~
vices the followin~ amounCs : ~ ~
a, For those items described under Section I, paragraphs ~
1 through 11, compensation wi11 be an anount equal to
one and one-quarter pzrcent (14%),of the total Project
_ ass~ssments. The cost o.f reapportioning any asses~-
~ ments due to subdivision of parcels aft~r the form,a-
~ , tion of the assessment district will be~considered
extra caork. ~
b. Compensation for extra cuork items ~,~ill be ~ased o~n
' ~ the hourly cnarge rates as set forth in Exh ibit "A"
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~ attached her~to, except if said extra caorlc requires
the ~mploym~nt of outside consultants or•services,
compensation ~aill Ue tlle actual cost of said out-
sicle consul~tants or s~rvices, plus te~z percent (1C~~)
• oi' the cosi:. Cantracts for s~~id servic~s sh11~1 be
su~_j ~ct to ~~vieca ar.d approval Uy t:~e C.i~y .
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331-74
. ' 2.~ The Lce in a, above shall be based on actcial final total
. ~ Project assessments, ercept that where t~orlc is performed
~ rela~tive to it~ns tha.t are not acquired by the DistricC,
the Enoineer's estimate oF th~ cost o~~ these items sha11
~ be added to said final asse~sments.
3. Source of I'unds: ~
. All engineering fees are paya'ole solely from the proceeds
o~~special assessments and sale of.assessment bonds, and
are not o'tizercvise payable by the City, it being under-
stood that in the event said proceedings are unsuccess=ul
. for any reason; Engineer will be compensated for his wor'~c
by the proponents of the District.
. ~ .4. Schedule of Payments:
~ T'ne total es~imated fees shall be paid within thirty (30)
c~ays after delivery of the bonds issued to represent
~ unpaid assessments.
~ 5. Delay of the Proiect: .
. If for any r~ason beyond the control of Engineer, the
~ Proj~ct is not completed within eighteen (18) months
~ from the date of execution of this Agreemen~, at the ~
~ ~ op~tion of Engineer~a new fee shall be negotiated
for said worlc. ~ ~ ,
. V. SCOPE OF AGREEN~NT . • .
~ This wri~ing consCitutes the entire agreement between the ~
~ parties relative to engineering services fo~~ the Project, ~
~ and no modifications hereof sha11 be effectiv~ unl~ss and
until such modification is evidenced by a writing signed
. by both parties to this Agreement. .
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. ~ 33].-74 ~
, ~ IN ~JIT1`lES5' [v7-iE~OF, City has executecl this Agreement by
~ aui~hority contained in Resolution No. ~ oi' said City oF
Cup~rtino, dated the day o.E 1975.
„CITS.'~~
City of Ctrpertino,
a rlunicipal Corporation
MAYOR
.
ATTEST:
"ENGINEER" ~
Cler~c of the City of Cupertino George S. No1te and Associates
APPROVED~AS TO FORM:
PAUL 0. REIMER, President ~
CITY ATTORNEY
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~ . C~O~ S . AOIr,~r: t~'~;D ~'15SOCi.~~~T"r.S
. • ~.OIL ~.y Ci1~1T~;2 EL3t2S •
~ . P~rso:~el Ch3r;es ,
Charges for persann~l enoa;ed in prof`ssicmal a~d/or tec.Ymical ~~-r~~k~ a~:e .
made for the act-~.~.1 ho~s direcCly c~~rgeable to th~ project. '
~ Current rates by classification are listed bela~a.
Office Services ~
~ TecZ~ical TYpi-Tg . $12. QO/nrn:r
' . I1ra£t~ $19.00/hour. .
. ~ Senior Ilraft~r.an $24.00/hr~~s
~ . . . ~ Con~uter/Llesign Draftscran $25. 50/hour ~ . ~ ~ .
~ Junior Q' ~ /Ji~ior Plarsier $21.00/ncns ~ . ~ ~ .
~ Asst. F~gineet/Asst. Plaimer $25.00/hrnrr . ~ ' .
~ ~ ~ Assoc. EngineerJt~ssoc. Planner $29.00%~+.r~ur
~ Senior En~~er/Seniflr Plarmer $33 . CO/hour .
. . . E.~ineerir,; r~er/Pl a~n; ~ T~.~n,ager . $39. 00/n~
~ Pri.~cipal's tirc~ is chargeable at $48.00 per ho~. ~ ~
~ . Cov~t a~vear~ce ti~e as an eYpert ~,~tiiess is ~ ~
charged at a m~
r~ m~ of eight hours . ~ ~ .
Field S~s~vices ~ ~ ~
. . • ~ . T"nr.ee-~an Fi~l.d Party $75.00/ho~ .
. ~ ~ . ~ T~Yxr~~lan Field Party $52.50/ho~ • ~ ,
Chief of Surveys ~ $33.00/h~ .
. . ~ Inspector $26.00/ha~
~ Mates~..Is ar?d Outsid~ Se.~~v.ices .
. . . .
. Consult~.'~s, sub-con~actors,. rer!t~l of special e~~.ent,
~ sp2ciaT repcodu: tio;ts ~.d blu~print?r_g b`ycmd no~a1 requre-
~ m~,ts, outsid.z data ~rocessin,g and cor~uter s~rvic~s, etc. ,
c,ri11 be c'nar~ed a~ 1.1 tim~s the cost. . ~
Equipr~.~? t ~ • . . .
. ~ Autos ~ (i.n ~~cess of SO-a7ile rrn.md-tsip) $ .15 per ~ile. -
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~ ~ Subject to revi.sio~ ~rnrr~ally. .
R~v. 7/1/74 ~ ~