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HomeMy WebLinkAboutReso 1985-11968 RESOLUTION NO. 11968 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BEMENT-DAINWOOD-STURGEON TO ACT AS ASSESSMENT ENGINEER FOR PROPOSED ASSESSMENT DISTRICT NO. 85-1 (LAS FLORES DRIVE) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and BEMENT-DAINWOOD-STURGEON to act as Assessment Englneer for proposed Assessment District No. 85-1 (Las Flores Drive) dated the 19th day of March ,1985, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the sum of $20,000 is hereby authorized to be expended from Account 600-6000-RC04 - 1911 Act Revolving Fund for said engineering services. BE IT FURTHER Chula Vista be, and he execute said agreement Vista. RESOLVED that the Mayor of the City of is hereby authorized and directed to for and on behalf of the City of Chula Presented by Approved as to form by , ~ ADOPTED AND APPROVED BY THE CITY COUNCil OF THE CITY OF CHUlA VISTA, CALIFORNIA, this 19th 19 85, by the following vote, to-wit: day of March AYES: Councilmen: NAYES: Councilmen: ABSTAIN: Ccu1cifmen : ABSENT: Councilmen : Moore, Malcolm, McCandliss, Scott None None Mayor Cox <0 C#tL/ MAYOR PRO TEMPORE ATTES~~C& 'll(~~ (/ City C . STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s. CITY OF CHUlA VISTA ) /, JENNIE M. FUlASZ, CMe, CITY CLERK of the City of ChuIa Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 11968 ,and that the some has not been amended or repealed. DATED ( seal) City Clerk CC-660 - MrT ASSESSMENT ENGINEER AGREEMENT TH IS AGREEMENT is made and entered into thi s 19thday of March , 1985, by and between the CITY OF CHULA VISTA, CALIFORNIA, a pub1 ic corporation (hereinafter referred to as "City"), and Bement-Dainwood-Sturgeon, (hereinafter referred to as "Assessment Engineer"). NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows: SECTION 1. That Assessment Engineer shall perform the following services in connection with the proposed assessment proceedings in the matter of a proposed special assessment district known and desi gnated as ASSESSMENT DISTRICT NO. 85-1 (LAS FLORES DRIVE) (hereinafter referred to as the "Assessment District") under p,roceedings conducted pursuant to the provisions of the 'Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California. The work shall consi st Engi neer' s report as "Ca 1 i forni a Streets and documents: of assemb1 i ng out1 ined in Hi ghway Code," and presentation of the Section 10204 of the containing the following A. Boundary map. B. Construction plans and specifications. C. Description of work and estimates of construction and incidental costs. D. Description of all right-of-way, easements, and lands to be acquired, and cost. E. Assessment diagram indicating the district and land division within the boundaries, metes and bounds. F. Assessment roll indicating proposed assessment to individual parcel s. G. Attend all meetings public or private and assist in bidding procedures and contract negotiations as necessary. Rl1968 SECTION 2. Data, Re orts and Documents: The Assessment elver 0 e 1 y, as e work is completed, all reports, plans, drawings, and all other materials and documents prepared by the Assessment Engineer in the performance of this agreement; all notes, reports, studies, plans, drawings, and other materi al s and documents shall be the property of the City. SECTION 3. That the City shall perform the following: SECTION 4. SECTION 5. ~ C\'" ~-~ A. Furnish to Assessment Engineer such drawings and other documents and proceedings as are available and may be reasonably required by Assessment Engineer in the performance of the services hereunder. B. Pay to Assessment Engi neer a fee computed on the confi rmed assessments as follows: THREE PERCENT (3%) of the confirmed assessment cost. C. Payment of the above-referenced fee shall be as follows: All due and payabl e upon receipt of money from the sal e and delivery of bonds to the successful underwriter. In the event the proceedings are terminated or abandoned prior to completion, Assessment Engineer shall be paid a reasonable fee for services rendered to date based on an hourly rates in accordance with the attached fee schedule, not to exceed $20,000.00; however, if the proceedings are abandoned prior to or at the time of a public hearing authorized by Article XIV, Section 19 of the California Constitution, said fee shall not exceed $18,000.00. Indemnity: Assessment Engineer agrees to indemnify and save City and its agents and employees harmless from any and all liability, claims, damages or injuries to any person, including injury to Assessment Engineer's employees and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this agreement, or are caused or claim to be caused by the negligent acts of Assessment Engi neer, hi s agents or employees, and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any claim arising from the sole negligence or willful misconduct of the City, its agents or employees. - 2 - SECTION 6. That this Agreement may be terminated by either party hereto by mailing written notice thereof to the other party. IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed on the day and year first hereinabove written. "CITY" CITY OF CHULA VISTA By'~;:6JI!. ~ STATE OF CALIFORNIA ATTEST: ~~~h CITY OF CHULA VISTA r STATE OF CALIFORNIA "ASSESSMENT ENGINEER" BEMENT-DAINWOOD-STURGEON """ \, ~ \ ' I , '13? /~, / ,J" '" n" ~JOHN F. DAINWOOD WPC l407E q i\~ ~,,\- - 3 - Bement Dainwood Sturgeon CIVIL ENGINEERS 6150 MISSION GORGE ROAD. SUITE 128 . SAN DIEGO, CALIF. 92120.280-4842 FEE SCHEDULE Effective January 1, 1985 Office Engineering principal Engineer .......................... Engineer .................................... Assistant Engineer or Design Draftsman ...... Engineering Technician or Draftsman ......... Computer (in addition to men's time) ........ Construction Inspector ...................... Word processing/Clerical, and Pickup & Delivery...................... Field Engineering & Surveying 78.00/Hr. 56.00/Hr. 44.00/Hr. 30.00/Hr. 20.00/Hr. 40.00/Hr. $ 22.00/Hr. 2-Man Field party ........................... $104. OO/Hr. 2-Man with EDM, or 3-Man Field Party ........................... $136. OO/Hr. Outside Services & Materials .................... Cost Plus 15% * * * * * ~\.q \\ ~.