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Home My WebLink About1987-075 ~ (I .'.- ~. .. 1 RESOLUTION NO. 87-75 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH WILLDAN ASSOCIATES RELATING 3 TO PROVIDING ASSESSMENT ENGINEERING SERVICES FOR THE CENTRAL CITY SOUTH PROJECT. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLO~JS: 6 SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute, on behalf of said 8 City, an agreement with Willdan Associates relating to providing 9 assessment engineering services for the Central City South 10 Project, which agreement is attached hereto, marked Exhibit "AII 11 and incorporated herein by reference as fully as though set 12 forth at length. 13 SECTION 2. The agreement shall not take effect until 14 fully signed and executed by both parties. The City shall not 15 be obligated hereunder unless and until the agreement is fully 16 executed and no oral agreement relating thereto shall be 17 impl ied or authorized. 18 I HEREBY CERTIFY that the foregoing resolution was 19 duly adopted by the Mayor and Common Council of the City of San regular 20 Bernardino at an adjourned/ meeting thereof, held on the 23rd .t .. .,. . ;' 1 The foregoing resolution is hereby approved this Q.,5+~ 2 day of March 8 'I .' j i,1t ( 4, /;~/( 9 // 3 4 5 6 Approved as to form: 7 ~"--'-7 ,;t" a ~;t :d. v"- (~ :Z--.. City Attorney 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3/12/87 - 2 - EXHIBIT IIAII AGREEMENT FOR PROFESSIONAL SERVICES TH I S AGREEMENT I s made and entered Into th I s 25L~day of n\ 0. yo l h. 19~:\ by and between the CITY OF SAN BERNARDINO, a municipal corporation# hereinafter cal led "City", and WILLDAN ASSOCIATES, a California corporation, hereinafter cal led "Engineer". , WITNESSETI-l WHEREAS, City desires to develop a 2-phase program for establ ishing a Benefit Assessment District for street improvements and other required im- provements for the Central City South project pursuant to the proceedings of one or more of the municipal improvement acts; and WHEREAS, in order to develop such a program, it is necessary to retain the professional services of a qual ified engineering and consulting firm; and WHEREAS, Epgineer is qual ified to provide said professional services for the development of such a program; and WHEREAS, San Bernardino City Council has elected to engage the services of Engineer upon the terms and conditions as hereinafter set forth. NOW, THEREFORE, it is mutually agreed, as fol lows: 1. GENERAL Engineer shal I perform those services specified in "Scope of Services", a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference and made a part hereof as though it were fully set forth herein. Performance of the work specified in said Proposal is made an obi igation of Engineer under this Agreement, subject to any changes made subsequently upon the mutual agreement of the parties hereto. 2. COMPENSATION Compensation to Engineer for the total services to be rendered pursuant to this Agreement shal I be a lump sum of twenty-one thousand, five hundred dollars ($21.500), divided between phases as fol lows: Phase $ 6,500 Phase 2 $15,000 (Only upon direction from the Director of Publ ic Works) These amounts shal I be paid in monthly installments as work progresses and shal I be totally due and payable upon completion of al I the items of work specified in Exhibit "A". 3. EXTRA SERVICES No extra services shal I be rendered by Engineer under this Agreement un- less such extra services shal I be authorized, in writing, by City. Authorized extra services shall be invoiced based on Engineer's "Schedule of Hourly Rates" dated August, 1986, a copy of which is attached hereto as Exhibit "B" and incorporated herein by reference and made a part hereof as though it were fully set forth herein. 4. PAYMENT BY CITY The bil I ings for al I services rendered pursuant to this Agreement shal I be submitted monthly by Engineer to City and shal I be paid by City within twenty (20) days after receipt of same. 5. SUPERVISION OF SERVICES The Director of Publ ic Works of City, or his designee, shal I have the right of general supervision of al I work performed by Engineer and shal I be City's agent with respect to obtaining Engineer's compl iance hereunder. No payment for any services rendered under this agreement shal I be made without prior approval of the Director of Publ ic Works or his designee. 6. ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS LAWS Engineer hereby certifies that it will not discriminate against any em- ployee or appl icant for employment because of race, color, rei igion, sex, mar- ital status or national origin. Engineer agrees to take affirmative action to ensure that appl icants are employed and employees are treated during employ- ment without regard to their race, color, rei igion, sex, martial status or national origin. Such action shal I include, but not be I imited to, the fol- lowing: employment; upgrading, demotion or transfer; recruitment or recruit- ment advertising; and designated representatives. In addition, Engineer shal I not exclude from participation in, deny the benefits of or subject to discrim- ination under this Agreement any employee or appl icant for employment on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qual ified handicapped individual as provided in Section 504 of the Rehabil itation Act of 1973 or rei igion except that any exemption from such prohibition against discrimination on the basis of rei igion as provided in the Civil Rights Act of 1964 or Title VI II of April 11, 1968, as amended, shal I also apply. 7. TERMINATION OF AGREEMENT City shall have the right to terminate this Agreement upon giving a 10-day written notice of such termination to Engineer. In the event of such termination, the Director of Publ ic Works or his designee, based upon work ac- compl ished by Engineer prior to notice of such termination, shal I determine the amount of fees to be paid to Engineer for such services based upon accept- ed engineering and/or planning practices and such finding by the Director of Publ ic Works or his designee and approved by the San Bernardino City Council shal I be final and conclusive as to the amount of such fee. " . 8. I NDEPENDENT CONTRACTOR Engineer shal I act as an independent contractor in the performance of the services provided for in this Agreement and shal I furnish such services in Engineer's own manner and method and in no respect be considered an agent or employee of City. 9. NON-ASSIGNMENT This Agreement is not assignable either in whole or in part by Engineer without the written consent of City. 10. HOLD HARMLESS Engineer hereby agrees to and shal I hold City, its elective and appoint- ive boards, officers, agents and employees harmless from any I iabil ity for damage or claims for damage for personal injury including death as well as from claims for property damage which may arise from Engineer's negl igent acts, errors or omissions under this Agreement. Engineer agrees to and shal I defend City and its elective and appointive boards, officers, agents and em- ployees from any suits or actions at law or in equity for damages caused by reason of any of the aforesaid negl igent acts, errors or omissions. 11 . NOT I CE S Official notices relative to the services provided under this Agreement shal I be in writing addressed to the fol lowing: EnQineer .Q.l:4 Mr. John A. Friedrich Wil Idan Associates 155 Hospital ity Lane, Suite 110 San Bernardino, CA 92408 Mr. Roger G. Hardgrave Director of Publ ic Works/City Engineer 300 North "0" Street San Bernardino, CA 92418 , . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officer duly au- thorized in that behalf. WILLDAN ASSOCIATES CITY OF SAN BERNARDINO a munic.pal corporation BYC)~ j. ~ David E. Hedlund, Vice President BY ATTEST: ~/#~ 'tity Clerk APPROVED AS TO FORM: