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CC Resolution No. 3874.1 ~ WJML:KJmh 3-11-75-12 ~ RESOLUTION N0. 3874.1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPOINTING ENGINEER AND ATTORNEYS AND AUTHORIZING EXECUTION OF CONTRACT FOR FOR ENGINEERING SERVICES • VALLCO PARK ASSESSMENT DISTRICT N0. 1974-3 . 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; an d 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 improvements; NOW, THEREFORE, IT IS ORDERED, that- l. George~S: Nolt.e 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 George S. Nolte and Associates, or his authorized agent, be, and he is hereby designated to make 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 Works Director of this City is hereby directed to , examine and approve the engineering documents and.to provide the inspection of the installation 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 Engineer (exclusive of printing), examining and approving the engineering documents as to legal sufficiency and advising the Engineer in the preparation of his work, advising all City officials on all matters relating thereto when called upon, and furnishing their legal ~ 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 bhe 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 p~rovided 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 C.lerk 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 , APPROVED : /s/ James E. Jackson Mayor ATTEST: /s/ Wm. E. Ryder City Clerk ' 2 ' . 305 tio. 331-7~ ~ ~ R~v. January 10, 1975 ~ • ~GREE~~i~]'I' FOR ENGINEERING SERVICES THIS AG~E~NT, made and enter~d into by ~tnd bet~veen GEORGE S. r10LT~ AND ASSOCIATES, a California corporation, herein called "ENGINEER" and the CITY OF CUPERTINO, a municipal corporation of the State of California, herein called "CITY"; ~ tiJITNESSETH r,JHEREAS, City desires to contract for preparation of assessment diagram, assessment spread and Engineer's report (exclusive of plans, - specif ications and estimates) in connection with t'ne installation of Cupertino Assessment Districts, Projects 74-1, 74-2, 74-3 and 74-4, herei.n ca~.led the "Project"; and ~ ~ WHEREAS, Engineer is willing and qualif ied to~prepare said~ assessmerit proceeding documents; ~ NOW, THEREFORE, in consideration of the mutual premises, cove- nants, and aoreements herein set forth, the parties do hereby agree as foilows: ~ ~ I. DUTIES OF ENGINEER Engir.eer's professional services shall 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. Prepare the Assessment Spread and respreacl the asse5sments if respr.ead is required by the amount ot construction bid. 5. Provide.up to 25 copies each of Engineer's Report and an amended Engineer's Report if required by the amount of ~ the construction bid. • b. Submit oribinal tracings of Assessment Documents to t~he City. 7. Provid~ representation of the engineering offic~ at a11 meetings uf rhe City Council ~~;hen representation is r~qu~sted, and appear Gnd testify as to beneiits and other ~;Zatters a~ Fh~ public hearinas o~ th~ proj~ct and any con~_itzuanc~ ~hereoF. y~u . . , ~ ~ 331-74 " • 8. Exanine the records in thz uffice ol Lli~ i:~.iLiuty :~~ti~,.;:~~>~: ~ for purposes of determining o~anership.and q~ialification ~ of si~natures on any peti~_.ions,, ancl ~~\C'CUL'.LU[l u1 ~~.~rt:.i.-- ficate as to the suff~iciency thereof. 9. Post Notices of Improvement (to be provided by others) along all open streets ~aithin the boundaries of the ~ Assessment District at intervals of not more.than 300 ~ feet, and execute and .file an appropriate affidavit of Qostin; cuith. th~ City C1e rk. ~ 10. i~lain~ain liaison with City, Srate of California, utility companies, and other jurisdictions concerned with the l aspects of the Project with which Engineer is concerned. 11. ~Attend conferences and public.meetings at the request of ~City to consult and advise on the aspects of the Project with which Engineer is concerned. . II. DUTIES OF CITY ~ ~ 1.. Make all neces~sary provisions for Engineer to enter upon public and private property as required in the performance of his services under th is Agreement. 2. M2ke available plans, reports, estimates and all other data relative to the costs which are to be assessed in conjunction ~aitti the Project. 3. Review documents presented'by Engineer and render deci- sions, in cariting, cv.ithin a reasonable tiine, and give ~ prompt wr~itten notice to Engineer at any time City observes or otherwise becomes aware of any error, omis- sion or defect in the Project. III, tiiISCELLANEOUS PROVISIOi~IS 1. Engineer shali not assign any rights or duties under this , Agreement to a third Qarty without the prior caritten consent of the City. . 2. It is understood by and betcaeen the parties hereto that Eng~neer, in tlie performance of this A~reement, shall act as, and be, an ir.dzpendent contractor and not an agent or emoloyee oi Ci~y. 3. Ecl~ineer sh.all ob~~air_ ancl l~eep in ftt? 1 torc~ and effect, com~ensation i.ns~.~rance n~cessary in conn~ction with th~ _2- . ~ ~ 331-74 performance.of this Agreement to protect itself and its employees under the tiJorlanen's Compensa.tion Insurance ancl . SaFety Act. Such insurance shall relieve City from all responsibility therefor. Engineer sha11 supply City taith a suitable statement certifying to said prot~ction and defining the terms of the policy, issued caithin thirty (30) days after the execution of this Agreement. . 4. The parties hereto agree to immediately and diligently proceed with their resQective duties as set forth herein , to the end that the Project will be completed satisfac- torily caithin the shortest reasonable time. . 5. Al1 fees due City, utility companies and/or other public . , agencies sha11 be paid directly out of the proceeds of assessment bonds and are not included in Engineer's fee ~ ~ as set forth herein. IV. COMPENSATION OF ENGINEER ~ . 1. Basis of Conpensation: For and in considerat ion of the~ professional services to be provided by Engineer here- ~ under, City agrees to pay Engineer, and Engineer agrees to accept from City as fu11 compensation~for said ser- vices the following amounts: ~ a. For those items described under Section I, paragraphs 1 th?-ough 11, compensation will be an amount equa~l to one and one-quarter percent (1~%) of the total Project ass~ssments. The cost o.f reapportioning any assess- ments due to subdivision of parcels after the forma- ~tion of the assessment district will be considered extra ~uork. b. Compensation for extra work items ~uill be based o~n ~ the hourly c'narge rates as set forth in Exhibit "A" ~.ttached hereto, except if said extra c,~ork requires the employm~nt of~ outs ide consu:ltants or services, ~ compensation wi11 be the actual cost of said out- side consultants or services, plus ten percent (10%) of th~ cos~. Contracts for said servicAs sha11 be sti~ j ect to ~ evieca ar.d approval by the C:~ty . -3- . . _ - ~ 331-74 ' 2. The fee in a, above shall be based~on actual final total . Project assessments, er>cept that where caork is performed ~ relative to itens that are not acquired by the District, the Enoineer's estimate of the cost of these items shall be added to said final assessmen~s. 3. Source of Funds: ~ . All engineering fees are paya'ole solely from the proceeds of special assessments and sale of assessment bonds, and are not otherwise payable by the City, it being under- stood that i.n the event said proceedings are unsuccessf~l for any reason, Engineer will be compensated for his work - by the proponents of the District. ~ .4, Schedule of Payments: ~ ~ Ti-~e total estimated fees shall be paid within thirty (30) ~ays after delivery of the bonds issued to, represent ~ unpaid assessments. 5. Delay of the Proiect: ~ . If for any reason beyond ~he control of Engineer, the Proj~ct is not completed within eighteen (18) months from the date of execution of this Agreement, at the ~ ~ op~tion of Engineer~a new fee shall be negotiated for said work. V. SCOPE OF AGREII~NT . This wr i~c ing ~ c ons t itutes the en~t ire agr.eement . between the ~ parties re3.ative to engineering services for the Project, and no modifications hereof sha11 be effective unless and untii such modification is evidenced by a writing signed by both parties to this Agreement. `4 ~ ~ 331-74 . IN tiJITNE5S ~v~HEREOF, City has e~ecuted this Agreement by ~ authority contained in Resolution No. ~ of said City oF Cupertino, dated th~ day oF , 1975. „C ITY" City of Cupertino, a rlunicipal Corporation MAYOR , ATTE ST : "ENGINEER" ~ Clerk of the City of Cupertino George S. Nolte and Associates APPROVED~AS TO FORM: PAUL 0. REIMER, President CITY ATTORNEY ..5 _ . . ~~1-~; 4 . . • ~ i,1±IL~-i s, ii;~i, • Gi:~J~~ S. I~OL~. t~ID r15SOCIF~T~'r.S ~ I~ourly C'narge Rates . ~ . . ~ Persorm.el Ch3raes Charges for persormel erba,ged in professional and/or technical ~v~ork~ are made for th~ actual ho~s directly c~~rgeable to the project. ' ~ Gtiirrent rates b}r classification are listed belo,a. Office Services ~ Tec~ical Ty~irig $12.00/hour ~ Uraf tsma~ $19. 00/hour ' Senior I?raftsnan $24.00/ha~ , Con~uter/Design Drafts~man $25.50/hovr ~ ~ ~ J~.ior Fno~in, ~r/J~i.or Plazmer $21.00/hour . ~ ~ Asst. E~gineer/Asst. Pl.armer $2b.00/ho~ . . ~ ' . . Assoc. Engineer/Assoc. Plarmer $24:00/h.our Senior Er~inzer/Se~i..or Plarn~s $33.00/hour . ~ Enginzerir.g r~er/Pl am,i ~ ~~Ianager . $39. 00/hrns . . ~ ~ Principal's time is,chargeable at $4$.00 per ha~.~ ~ Cotst agpearance tir,~ as an e.~pert witness is ~ ~ C~73rg,E'd at 2 mi n i m ~rn of eight hours . , Field S~rvi.ces ~ ~ ~ ' ~ T'isee-~1an Fi~ld Party $75.00/ho~ . . 'I~1o-I~ian Field Party $52.50/ho~ • Chief of Surveys $33.00/ho~ . ~ Inspector $26.00/ho~ Materi.als an.d :Outside Serv~ces . . Consultants, sub-cantractors,.rental of special ec~ipm.ent, ~ sp2ciaT reproductions ~d blueprinting b~yc~nd n~zl reqtire- ~ ~ m~ts , outsid.z data processir~ and ccm~uter snrvic~s , etc , ~ will be c'nar~ed at l.l tim.,es the cost. . E~Pr'~'-t ~ , • Autos (in ~xcess of 50-sile rrnmd-tsip) $.15 per ~u.le. - ~ Subject to revisior± ~nir~ally. ~ R~v. 7/1/74 .