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CC Resolution No. 3875.01 . r - ~ WJML : KJmh 3-11-'1~-12 ` . . ~ RESOLUTION N0. 3gJS ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY ' OF CUPER7'INO APPOINZ'1NG ENGINEER AND ATTORNEYS AND AUTHORTZ~NG EXECUTTON OF CONTRACT FOR ~ FOR ENGINEERING SERVICES VALLCO PARK ASSESSMENT DISTRICT . ~ No. 1974-4 RESOLVED, by the City Council of the City of Cupertino, Californi.a, ~ that ~ 1~1HEREAS, this Council has determined to undertake proceedings pui~- suant to appropriate special assessm~nt and assessment bond aci;s for the acquisition and construction of public irnprovements in said City; . an d _ . WHEREAS, the public iMterest 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 acqu:~- ~ sitions and impro~rements; ~ ~ NOW, THEREFORF, IT IS ORDERED, that ~ . ~ 1. George S. Nolte and Associates; San Jose, California, be, • and is h~reby appointed as Engineer of laork 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, es~;i•-. mate of cost, assessment diagram and assessment ro.ll, inspection, setting grade stakes, supervision of work, and preparing, signing and filing cosL certificates; that Kenneth H. Hankins, of said George S. Nolte and Associates, or his authorized agent,,~be, and he is her~by designaLed to make and sign any certificate or document required to be made or signed by.the Engineer of Work; and that compensation ther~- 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 Lo . 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 ernployed to do and perforrn all legal services required in the conduct of said proce~din~s, including the preparatioon of all papers not required to be prepared by the Engineer (exclusive of printing), examining and approving Lhe ~ engineering documents as to legal sufficiency and advising the Engin~er in the preparation of his work, advising all City officials on all ~matters relating thereto when called upon, arid furnishing their legal . ~ , , J 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 le~al ser.vices rpquired to accomplish said project, except for 1it:L~ation (other than validating suits prosecuted on the recommendation of said attorneys) and eminent domain proceed- ings. In Lhe event such work is referred to said attorn~ys, compen- sation therefor shall be based on reasonable fees to be approved by the Ci~y 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 thc City and the City Clerk is authorized and directed to attes~ his signature and to af.fix the corporate seal of the City thereto. _ ~ PASSED ~ND ADOPT~D at a regular meeting of the City Council of the City of Cizpertino this 17th day of March , 1975, by the .following vote: . AYES : Councilmen - Frolich, Meyers, Sparks NOES : Councilmen - Nellis, Jackson ABSENT : Counci lmen - None , APPROVED: /s/ James E. Jackson Mayor ATTEST: /s/ Wm. E. Ryder City Clerk . . 2 . 1 • / . • + . - ' . 30'~ ~io . 331-7-'a ~ , , F,ev. J3nuary 1U, 1975 ~ L1GRE ~~IEN~T FOR ENGIN~ERING SERVICi~S THIS AGRi:L~iENT, made and enter~d into Uy and between GEORG~ S. NOLT~ AND ~SSOCI~'1TES, a California corporatio~, herein called "EN?II3EER" and the CITY OF CUPERTINO, a municipal corporation of the~State of California, herein called "CITY"; ~ ~ tiJITNESSETH ~ i~'dr~R:EAS, City desires to contr~ci~ for preparation oF assessment: diagram, assessment spread and ~ngineer's report (exclusive of plan:~, specifications and estimates) in connection ~aith the installation of Cupertino Assessment Districts, Projects 74-1, 74-2, 74-3 and 74-4, herein ca~led the "Project"; and . ~ ~ W~iERF~S, Engineer is ~villino and qualif ied to preQare said as~sessmerit proceeding documents; ~ ' . NOtid, THEREFORE, in consideration of the mutual premises, cove- nants, and agreements herein set forth, the parties do hereby agr~~ . as foilocas : • ~ ~ . I. DU'~ TES OF E~IGINEER Engir.eer's professional services sha11 consist o'f the followin~g: ~ l. Prepare the Assessment Diagram.~ ~ 2. Provid~ the Assessment Roll. . ~ ~ 3. I:~ con~unction caith the Attorney and City E~zgineer, prepa~-e ~ ~ . the assessment rules. ' ~ 4. Prepare tlie Assessment Spread and respread the asse~sment~:~ ~ if respread is required by the amount o~~ 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. . ~ 5. Submit orioinal tracings of Assessm,~nt Documents to t~he ~ ~ City. ~ . 7. Provid~ r~~presentation ot the engin~ering o:E:Eic~ at all . m~etin~s uf the ~i~y Council ~~;hen repr~senrati_on is ~ requested, and appear Gncl tes ti:fy as to b~.i~i ~.ts~ and oth~r ~ ~ t:iaf:.te~~ a~ t~~~~ public h~szin~s on the ~rojec:t und an}~ con_irlu~anc~ ther~oF. ~ ..1- ~ . ~ ~ 3~1-74 . - 8. Exanine the records in tht ufii~e ~~1 Cl.i~.~ ~:~.~~.~«L'y ;~;;~~~.;;;~~1' ~ for purposes of determining o~anership.a~zd qiialiCi.c,~ti~n ~ oi si~natures on a~iy [~e~l~:LOll:;~ :111C1 uxccuc:.i.un ul' ci ~~~~~:~..i.-- ficat~ as to the su.Eficiency thereof. 9. Post Notices of Improvement (to be provided by others) along al1 open ~treets ~vithin the boundaries of the ~ Assessment District at intervals of not more than 300 f~ct, and execute c:nd .file an appropriate affidavit of ~ Qosting cai_th the City Clerk. . ~ ' 1C. ~ i~Iaintain liaison with ~ity, State of~ Calirornia, utility companies, and other jurisdictions concerned ~eith the . 1~ aspects of the Project with cuhich 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 with which Enoineer is concerned.. ~ . TI. DUTIES OF CITY 1.. rlake all neces~sary provisions for Engineer to enter upon public and private property as required.in the performance . of his services under this Agreement. 2, r~ake available plans, reports~, estimates and all other . data relative to the costs which are to be assessed in ~ conjunction ~aith the Project. 3. Review dociiments presented by Engineer and render deci- sions, in wrii.ing, caithin a reasonable, time, and give ~ prompt writt~n notice to Enoineer at any time City ~ observes~ or other~~~ise becomes ~.~oare of any error, omis- ~ sion or defect in the Proj~ct. ~ III. ~iISCELLAi~1E0US PROVISIONS 1. Engineer sha11 not assign any rights or duties under this , Agreement to a third party caithout the prior written consent of the City. ~ • . 2. It is understood by and betcoeen the parties h~reto that Eng~ neer, ir~ tl~~ pcr.f'ormanc~ of this ~1~reement, sh~ll act as, an~l be, ~~n 7_r.dependent contr~lctor ~.nd r.ot an agent or ~mploy~e oL Ci~y. 3. En~ ine~r sh~.ll ob~~:a:ir_ and Iceep in fu? 1 iorc~ ~~nd e~fec:t, con~~ensatzon ~_ns~.~r_ance n~cess~ry in conn~ctic~n wi~h tne _2- _ 331-74 ~ perforinance.oF this A~reement to protect itself and its er.iployees under the tiJorlcmen's Compensation Iilsurance and SaFety Act. Such insurancE sha11 relieve City from all responsibility~th~reFor. ~nginAer sha11 supply City ~aith a suitable staL-ement certifying ro said pro~ection and d~finino the terms of the policy, issued ~vithin thirty (30) days after the execution of this Agreement. 4. The parties hereto agree to immediately and diligently proceed with their respective duties as set forth herein to the end that the Project will Ue completed~satisfac- torily ~aithin the shortest reasonable time. . 5. .A11 fees due City, utility companies and/or other public . , agencies sha11 be paid directly out ot the proceeds of ~ assessment bonds and arE not included in En;ineer's fee ~ as set forth her~in. IV. CONIPENSATION OF ENGINEER ~ 1. B~sis o~ Co~pensation: For and in consideration of the~ ~ professional services to be provided by Engineer here-- under, Cii:y agrees to pay Engineer,. and Engineer agrees ~ to accept from City as fuZl compensation~for said~ser- ~ vrces the followin~ amounts: . ~ a. For those items described under Section I, paragraphs 1 thr ough 11, compensat ion ~aill be an amount equal to one and one-quarter p~rcen~ (14/0) .of ~he total Project ass~ssmen~s. The cost of rea~portionin~ any assess- ~ ments due to subdivision of parcels after the forma- tion of the assessmen~. district will Ue considered ~ extra work. ~ b. Cornpensation for extra caork iteras caill be based on ' ~ the hourly cnarge rates as set forth in Exhibi.t "A" - ~ttached hereto, except if said extra ~aork requires the 2mployment of outside consL~ltants or ~services, ~ compensation will Ue tiie actual cost of said out- side consultants o~r services, plus ten percen~ (1Ci,) ~ of th~ cos Contrac ts for s~~id servic ~s sh111 be • sii~ j c~ct to ~viecv ar.d approv~~.7_ by t~e C:~ty . . -3-- • . ~ 331-74 2.~ The fee in a, above shall be based on actual final total . ~ Project assessments, except Lhat caher~ ~aork is performed ~ rela~tive L-o itens L-hat are not acquired by the llistricC, th~ Enoineer's estimate of the cost of these items shall ~ be added to said final asse~sments. 3. Source of Funds: . A~1 engineering fees are pay~'ole solely from the proceeds of_ special assessments and sale of assessment boncls, and are not otherwise payable by the City, it being under - s~oo3 that~in th~ even~ sa~d ~,roceedings are unsuccessi~l for any reason, Engineer cai11 be compensated for his wor'~c f by the pro~onents of the District. ~ ~ .4. Schedule of Pavments: ~ T'cae total estimated fees shall be paid caithin thirty (30) ~ c~ays after delivery of the bonds issued to represent ~ . unpa id assessments. ~ . 5. Delay of the Pro~ect: . ~ . If for any r~ason beyond ~he control of Engineer, the Project is not completed within eighteen (18) tnonths ~ from the date of execution of this Agreement, at the ~ ~ op~tion of Engineer~a new fee shall be negotiat~d for said work. V, SCOPE OF AGREII~NT ~ . . This wri~ing constitutes the entire agreement.betcaeen the ~ parties relative to engineering services far the Project, and no modifications hereof shall be effecti~ve unless and untii such modification is evidenced t5y a caritino signed . by both parties to this Agreement. . ~ . i . ~_4-- . ~ ~ 33~-~4 . IN CJITiI~SS w13ER~OF, City has c:~ecuted this Agreement by ~ auLhority contained in ltesolut~ion Vo. ~ ol said City of Cuper~ino, da~ed the day o.F , 1975. ~ . ~~CITY~~ City of Cupertino, . ~ a riunicipal Cor~poration NIAYOR ' ~ ATTEST : ~ "ENGINEER" ~ C1erk of the City of Cupertino George S. Nolte and Associates AP1 ROVED~ A S TO FORM : ~ PAUL 0. RET~~R, President CITY ATTO:RNEY . ~ . ~ ~ ~ . . . . 4 , ~ . , , 1 ~ / ~F • ~v,•_-,-~r. ti_~tI • • L..:?l~~! _ . . • GLO~ ~ L S. I~;OI:~ir f11.`~~ A.SSGC:CFiI~.$ ~ ~ ~ I,ourly C~~a:c EL3tes . ~ . Pe-rsaruiel C~r~es Charges for p~rsorm~l ~~n,pa~ecl in professional ancl/or t~ctmical ~~~o~l: ar~~ made for the actual hot~s disectly c;Lasgeable to th~ project. ' . ~ Gtilrrent rates by classi..fic..a.tion are 1'isted be1o.J. Office Servi.ces ~ ~ ~ T~cl~.i.cal Ty~iTg $12. QO/nrn;r ~ Draf t~ $19 . 00/ho~ ~ ~ . ~ . Senior Dra:Et~an $24.00/lwur ~ , . ~ Cc~n.iter/L~esign Dra.fts~an $25.50/hour ~ . ~ ~ . ~ Jtmior Engin__?er/J~mi.or Plarr.er $21.00/hour . ~ ~ . Asst. ~:ngineer/Asst. P]azmer $26.OO~ha~ . ~ ' . ~ ~ Assoc. Engineer/Assoc. Plarmei- $29.00/h.r~ur ~ _ Szn.ior Er~ineer/Senior Planner $33 . CO/hour . ~ ~ ~ ~.~ginzerir~g r~naoer/P1~-r~ i~~nagex . $39.00/no~ . ~ Pri.~cipal.' s ti~e is rhar~eable at $48. 00 per ho~. ~ ~ ~ . Court a~earanca tir~ as an ~~ert: w~i.tiness is . . chargEtt at a minix~~aa~a of eight hours ~ ~ . . Field S~rvices ~ ~ ~ ~ ~ ~ . T"nree-i~an Fi~ld Party $75.00/hai~ . ~ ~ 'It~x~-fi~~ Field Party ~ $52.50/ho~ , . Chief of Surveys ~ $33.00/ho~ . ~ ~ . ~ Inspector $26:00/ho~ ~ 1`'1~..ter~..als ar_d OutsidQ Se.~vi~es ~ . , . ~ , . Consult~}s, sub-ccmtractors, . rental of special e~i~+_ent, ~ sp2ciaT r~pr~du: tions ~d blueprintin~ b~yc1nd nozzr;al re ,rnire- ~ ~~.ts, outsidz data processino and co:~uter s~xvices, etc., ~ai11 b^ c'nar~ed aC l.l tim~s the cost. ~ . E~~~'-t . ~ ' ~ ~ . , . Autos~(in ~YCess of 50-mile round-trip) $ .15 pei ~ile. - ~ . ~ Subj ect ~ to revisior_ ~=nrr~ally. , ~ ~v. 7/1/74 '