Loading...
CC Resolution No. 3873.01 1 • 1~IJI~IL:Y,Jm}~ 3-11-75-12 . , . . . ~ RESOLUTION N0. 387~3.1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPOTNTING ENGINEER AND ATTORNEYS AND AUTHOHIZING EXECUTION CF COI~TRACT FOR . FOR ENGINEERING SERVICES VALLCO PARK ASSESSTfENT DISTRICT No. 1974-2 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 improvernents in said City; ' and . ~ . WHEREAS, the public interest and general welfare will be served by appointing and employing engineers and attorneys for the preparation and conduct of said proceedings and work in connection with said acqui- sitions and improveinents; ~ ~ NOW, T1~EREFORE, IT IS OI~DERED, that . ~ l. George S. Nolte and Associates, San Jose, Cal.ifornia, be, ~ ' and is hereby appointed as Engineer of Work and employed to do and perform all engineering work ne~cessary iri and for said proceedings, ~ including the assembly and preparation of the.Engineer's report, esLi- . mate of cost, assessment diagram and assessment roll, inspection, setting grade stakes, supervision of work, and preparing, signing and f~ling cost certificates; that K~nneth I-I. Hankins, of said George S. Nolte and Associates, or his authorized.agent, be, and he 1s hereby ~ designated to make and sign any certit'icate 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 Works Director of this City is hereby directed to examine and approve the engineering documents and to provide ~he inspection of the i.nstallation of said improvements usual for his office to provide. The cost of said inspection shall be assessed as an incidental 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 papers not required to be prepared by the En~ineer (exclusive of printing),.examining and aoprovi.ng Lhe . engineering documents as to legal sufficiency and advising the En~ineer in the pr~paration of his work, advising all City officials on all matters relaLing thcreLo when called upon, and 1'urnishing their~legal ~ r ' ~ ' opinion on the validity of said proceedings and bonds; and that com- pensation tie fixed at tvao and one-half percent (2-1/2%)of the total assessment. It is intended Lhat said percentage fee constitute fu~ll compensation for all legal sErvices required to accomplish said project, except for lit:igation (ot-her than validating suits prosecuted on the recommendation o~ said attor~neys) and eminent c~omain 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 h~reof be assessed as incidental e:cpenses of the proceedings and be paid from said assessments to be levied and bonds to be issued and not otherwise. 5. The atLached,"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: AY~S : Councilmen - Frolich, Meyers, Sparks NOES: Councilmen - Nellis, Jackson ABSENT: Councilmen - None APPROVED • ~s/ James E~. Jackson Mayor ATTEST: ~ /s/ Wm. E. Ryder City Clerk ~ . , ~ ~ ~ i . ~ 2 ~ Jo~ tio . 331-7': 1 ~ Rev. January 1U, 1975 ~ ~ nGRE~'~IE~IT FOR ENGINEERING SERVIC.~S THIS ~1G~iE~~1T, made and enter~d into by cznd betcaeen GEORGE S. NOLTE AND ASSOCIATES, a California corporation, herein called "EN~INE~R" and the CITY OF CUPERTINO, a cnunicipal corporation of tl~~ ~State ot California, herein called "CITY"; ~ ~ tiJITNES SETH T,~IEREAS, City desires to contract for preparation oF assessment diaoram, assessment spread and Engineer's report (exclusive of plans, = specificarions and estimates) in connection with t'ne installation of Cupertino Assessment Districts, Projects 74-1, 74-2, 74-3 and 74--.4, ~ here~n ca~led ~the "Project"; ~nd ~ . ~ ~ WcIERTAS, Engineer is tiailling and qualified to prepare said~ assessmerit proceeding documents; ~ NOtiJ, THLREFORE, in consideration of the mutual premises, cov~- nants, and agreements herein set forth, the parties do hereby ~gree as foilows: ~ ~ ~ I. DU'~ TES OF E~IGINEER Engir.eer's professional services shall consist o~f the followino: 1. Prepare the Assessment Diagram. 2. Provide the Assessment Roll, ~ 3. . I:~ conjunction ~aith the Attorney and City Engineer, pre~are ~ ~ the assessment.rules. ' ~ 4. Prepare the Assessment Spread and respreacl the asse~sments ' ' if respread is required by the amount oi' construction bid. 5. Provide up to 25 copies each of ~noineer's Report and an amended Engineer's Report if required by the amount of ~ ~ the construction bid, . . ~ 5. Submit orioinal traGings of Assesscn~nt Documents to t~he ~ City. . ~ 7. P~ovid~ ri~~resentation of the enoinezring o£fic~ at ~11' m~etinos of the :;i~y Council ~,hen representation is ~ r~equ~sted, ~an:~ appear. Gnci testify as to ~enezit~ and oi:her ~ cn3t~e.~s at t~t? publi.c ~ie~rin~s on the project and any con~_inuanc~. ther.eo~..::.-:. . _1_ ~ ~ ~ ~ ~ 331-74 . 8. E}:amine the record5 in tile ufii~e ~~i_ l:l.i~~ ~:~.~t.~i~~y~ :\:;s~,.;;;~~i~ ~ for purposes oF determining o~anership.and qiiali:EicltLQR O~ si~natures Ol1 any [~et1~=L0[l5~ .'•1L1C1 ~:XC:C:UC.LUR l)~ 1t t~~:CC.I.-- f icate as to the suff~i:.• iency thereof. / 9. Post Notices of Improvement (to be provided Uy others) along all open~ ~treets ~aithin the boundaries of tt~ie ~ Assessment District at intervals of not more than 300 ~ ~ feet, and execute ~nd .fi_le an appropriate affidavit of ~ posting c~i.th th~ City ClE rk. ~ ~ 10. yiaintain liaison with City, State of Cali=ornia, utility companies, and other jurisdictions concerned with the • t aspects of the Project caith which Engineer ~ is concerned. 11. ~Attend conferences and public.meetings at the request of ~City to consult and advise on the aspe~ts of' the Project ~ ~ wi:th which Engineer is concerned.. ~ . II. DUTIES OF CITY ~ ~ 1.. rlake all necessary provisions for Engineer to enter upon ~ public and private property as required. in the perforc~ance of his services under t'nis Agreement. 2. M?ke available plans, reports; estimates and a11 other . data relative to the costs which are to be assessed in ~ ~ conjunction ~oith the Project. ~ 3. Review documents presented by Engineer and render deci- ' ~ sions, in ~ariting, within a reasonable _ time, and give prompt ~aritt~n notice to Enoineer at any ~ime City ~ observes~or othertiaise becomes aware of any error, omis- ~ sion or defect in the Project. _ ~ III. ~IISCELI:A~IEOUS PROVISIO~TS 1. Engineer sha11 not assign any rights or duties under this , Agreement to a third party caithout the prior ~vritten consent of the City. ~ • . 2. It is understood by and betc~een the parties hereto that En;;~ neer, ir~ tt~e per.f'ormanc~ of this A;reem.ent, shall act as, and bc, an ir.dependent contractor and not an agent or ~m~loyee of Ci_~y. 3. ECl~ ine~r sh111 a~~~~a~~ and lceep in fu~ L forc~ 1nd efi'ect, com~: nsation ~_ns arance n~ces'sary ii1 conn~~ction w:ittl tnc ^2^ ~ 33I-74 ~ , . ' perfor~:ance of this Agreement to protect .itself and its employees un1~r Che ~~o~lcmen`s Compensation Ic~surance ancl Sa~ety Act. Sucl1 insurance shall relieve City from a11 responsibility ther~for. ~ngineer shall supply City ~aith a suitable statement certifying to sa.id prot~ction and definino the terr.is of the policy. issued ~aithin thirty (30) days after the execution oF this Agreement. 4. The plrties hAreto agree to immediately and diligEntly proc~ed with their respective cluties as set forth herein ' to the end that the Project will be completed~satisfac- torily cvithin the shortest reasonable time. . 5. All f~es due City, utility 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. COrIPENSATION OF E~tGINEER ~ ~ 1. Basis of Compensation: For and in consideration of the~ professional services to be provided by Engineer here- under, City agrees to pay Engineer,. and Engine.er agrees to accept from City.as iull compensation for said~ser- vices the following amounts: . ~ . a. For those items described under Section I, paragraphs 1 through 11, compensation caill be an anount equal to one and one-quarter percent (14%).of the total Project ass~ssments. The cost ot reapportioning any assess- ~ ments due to subdivision of parcels after the forma= tion of tlze assessment district tiaill 'oe considered extra caork. ~ ~ b. Compensation for extra ~uorlc it~ms c~~ill ~be based on ~ the hourly cnarg~ rates as set forth in Exh ibit "A" . . ~ attached hereto, except if said extra ~oork requires the employment of outside corisultants or. ~services, ~ compensation ~aill Ue tize actual cost of said out- ~ side consultants or services, plus ten percent (10i;) ~ of th~ cos~. Cont~racts for said servicns sh~ill be sub j ~ct to ~ 4vie~~r ar.ci approval by t:~e C.~ty . ~3~ • ~ 331-74 . . . ~ ' 2.~ The f~e in a, a~uove shall be based on actual final total ~ " . ~ Project assessments, er,cept that cahere worlc is per~ormed • relative to iten; that are not acquired by the District, ~ the Engineer's estimate oF the cost of these items shall ~ be added to said final assessmen~s. 3 . Source of Funcis : ~ ~ . A11 engineering fees are paya'ole solely from the proceeds of special assessments and sale of assessment bonds, and . are not oti~erwise payable by the City, it being under- stood that~in the event said proceedings are unsuccessful for~any reason, Engineer will be compensated for his wor'~c f by the proponents of the District. ~ ' . ~ ,4. Schedule of Payments: ' Tcae total estimated fees shall be paid caithiri thirty (30) ~ ~ays after delivery of the bonds issued to represent ~ . ~ unpaid assessments. ~ 5. Delay of the Proiect: . If for any rQason beyond the control of Engineer, the Project is not completed within ~eighteen (18) months from the date of e~ecution of thi.s Agreement, at the ~ ~ op~tion of Engineer~a new fee sha11 be negotiated ~ for said work. ' . . V. SCOPE OF AGP~EII~NT • This writing ~onstitutes the entire agreement.Uetween the parties re3.ative to eng~neering services for the Project, ~ and no modifications.hereof shall be effective unless and untiJ. such modification is evidenced by a writing signed by both parties to this Agreement. ~ ~ ~ . . . .^4F . . . _ ' ~ 331-~~E . , . ' ' ~ IN ~JITLIESS [vZiEREOF, City has e~ecuted this Agrcement by ~ auChority contained in Resolution No. ~ o:E said City of Cupertino, datecl the day oF , 1975. . "CITY" ~ City of Cupertino, ~ . ~ a P~Iunicipal Corporation MAYOR ~ , . ATTEST : ~ "ENGINEER" ~ Cler~c of the Ci~y of Cupertino George S. No1te and Associates APPROVED~AS TO FORM: PAUL 0. REIMER, President CITY ATTORNEY ~ . . . . _ 5 : ~~1-~; 4 . _ ' ' Li~!lui~ ~I_~tt ~ ~ ' • ~ l::l..'J~~•L'. .7. L\~1,~LL. ~~1'i~ tiJJli~~ll'11LJ , . ~ ~:ou~ly,.c:-~.ar~e tt~r~s ~ ~ . ~ . Pe-rsorLnel Char~es . • Charges for p~rsarmel erbaoed in professional and/or t~chnical c~~or~:~ are made for th~ actual ho~s directly c~~rgeable to th~ project. ' ~ G~rrent rates by classification are listed belo.~. Office Sezvi.ces ~ ~ ~ TecY~ica1 Ty~irg $12.00/nrn:r ~ ~ . I?ra£t~ $19. 00/ho~ ~ ' . ~ Seni.or Drafts~n $24.00/hr~ur , . ~ Co~guter/Design Draftsman ~ $25.50/hrnzr . . . Juni.or F~ir~.~_r/J~mi.Qr Plarnas $21.00/haur . ~ ~ . Asst. Er~ineer/Asst. Plarmer $26.00/hou~r . . ' . . - . ~ Assoc. Engineer/Assoc. Plazmer $29.00%h~ur ~ Sznior Fi~inzer/Senior Pl~xuzer $33.00/~.r~ur . ~ ~ Enoin4erir,~ r~er/Plarmi.~ ~~,anager . $39. o0/r,~ur ~ ~ ~ Pri.~cipal's ti~e is chaxgeable at $48.00 per hour.~ . . . Ca~t a~earance ti~e. as an e.Ypert ~w~tness is ~ cr,~rged at a mir~m~ of ,eigh~ hours. ~ ~ . . . ~ Field S~s~vi.ces ~ ~ ~ ~ ~ Three i~ Fi~ld Party . $75.00/ho~ ~ ~ 'I~:o-l~Tan Field Party ~ $52.50/ho~ • ~ ~ Chief of Surveys ~ $33.00/h~ . ~ ~ ~ Inspector $26.00/ho~ Mater~als ar_d Outsida Serv.ices " ~ . . , . Consult~~s, sub-contractors, , ren`~1 of special ec,~pm.ent, ~ sp2ciaT reprouucticns ~.d blueprint;r_~ b~yc~nd norzr:~l re ,c~ire-~ ~ ~~.ts, outsid2 ci3ta processin,o and computer s~sv-ic~s, etc. , ~,rill hz cnar~ed aC 1.1 tim~s the cost. . . Equi~C.,~, t . • ~ . . , . Autos ~ (in ~~cess oF 50-mile roLmd-tzip) $ .15 per ~il.e. . ~ ~ ~ ~ Su5 j ect to revisior_ ~...*nrr~lly. ~ Rev. 7/.l/74 ~ ' .