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HomeMy WebLinkAboutResolution 91-337 11/18/1991.:q . ~ Resolution No. 91-337 N.C.S. of the City of Petaluma, California RESOLUTION APPROVING AGREEMENT FOR ENGINEERING SERVICES PETALUMA AUTO PLAZA ASSESSMENT DISTRICT NO. 19 The City Council of the City of Petaluma resolves: This City Council approves that certain agreement between the City of Petaluma, and NYSTROM ENGINEERING CORP., for services as Engineer of Work for Petaluma Auto Plaza Assessment District No. 19, City of Petaluma, County of Sonoma, State of California, dated the 18th day of November, 1991, and attached to this resolution.. The Mayor is authorized to sign the agreement and the City Clerk is authorized to attest its execution. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a (Regular) )meeting fO~' on the ...._1.8.th_.-----. day of ............November .............•--.--•--, 19.9.1., by the ................ following vote: ~-.-.-_ City Attorney AYES: Davis, Nelson, Vice Mayor Woolsey, Mayor Hilligoss NOES: None ABSENT: ead, avanagh, Sob ATTEST: ....~ ................ ........~. ......... .... , City Clerk Mayor Council File .......................---.---..... CA 10-85 Res. No..9.1.-33.7............ N.C.S. i ~' "' AGREEMENT FOR ENGINEERING SERVICES PETALUMA AUTO PLAZA ASSESSMENT DISTRICT NO. 19 CITY OF PETALUMA, SONOMA COUNTY, CALIFORNIA This is an agreement for engineering services between the CITY OF PETALUMA, a municipal corporation of the State of California, referred to as Client, and NYSTROM`ENGINEERING CORP., referred to - ~ as Engineer. 1. Client retains Engineer as Engineer of Work for Petaluma Auto Plaza Assessment District No. 19, to perform the following services: (a) Preparation of a map showing the pro-posed boundaries of the assessment district, in accordance with the requirements of Division 4.5 of the Streets. and Highways Code. (b) Preparation. of the report required by Section 10204. of the Streets and Highways Code (Municipal Improvement Act of 1.913), and modification, of the report if directed by the legislative body of Client. The report shall include the following: (l) A general description of the improvements to be acquired, and a legal description of lands; rights-of-way, easements or other interests in real property to be acquired. (2) An estimate of the cost of the. improvement., including. the cost of acquisitions and all incidental eXpenses. (3) An assessment diagram showing the parcels of land to be assessed. ('4) A proposed assessment of the total cost of the improvement on benefited parcels of land within the assessment district. (c) Compilation of a list of the names and addresses of all owners of land within the w~rQ~~A~ ;r assessment district in accordance with records of the County Assessor or in accordance with title reports provided by~the Client. (d) Posting ofnotices of improvement on all open streets within the assessment district at ' distances not; greater than 30.0 feet apart. Copies of~the notice of improvement for posting are to `be provided by the Client.. (e) Attendance at. meetings of Client's legislative body, when ;requested by Client's staff, for the purpose of presenting and seeking approval of the documents and reports described in subparagraphs. (a) through (d). (f) Attendance~at all other public meetings of Client at .which matters relating to the assessment district are considered, except routine matters: (g) Attendance at staff meetings or meetings of property owners upon the request of the Client, after reasonable notice. (hj Telephone .consultation with staff members and property owners to answer engineering questions about the assessment proceedings. 2. The services of Engineer under this agreement shall not include the .following: (a) Preparation~of an environmental assessment to determine whether the improvement will have a significant impact on the environment within the meaning'of the California Environmental ` Quality Act. (b ). Preparatiort of an Environmental Impact Report. The performance by Engineer of services excluded by this paragraph, if required by Clierit;, shall be under. separate oral or written agreement. (c) Design of project improvement plans and specifications (d) Construction staking. (e) Observation of the work of. Client's contractor and certification to the Client of the :contractor's entitlement to progress payments.. 2' (f) Preparation of change orders as may be required during the course of construction,. (1) Preparation of a final cost schedule ~- after completion of the improvement and payment of all incidental expenses. 3. In consideration of the services set forth in Paragraph 1, Client shall pay to Engineer the following fee and' costs: Bond Increment Standard Fee First $1:0 million 1 ; % (minimum ;fee $15,000) Amount between $1.0-$3:0 million 1% (in addition to amount calculated above) Amount between. $3.0-$5.0 million 3/4% (in addition to amount calculated. above) Amount between $5.0-$7.:0 million 1/2% (in addition to amount calculated above) Amount between $7.0-$9.0 million 1/4% (in addition to amount calculated above) Amount between $9.0-$20:0 million 1/8% (in addition tb amount calculated above) Amount over -$.20.0 million; ~ 1/10% (in addition to amount calculated above) In no event, however, will the compensation of .Engineer exceed the amount set forth by Engineer for that purpose in the Report, or any amended Report, prepared by him under Section 10204 of the Streets and.Hghways Code, without specific authorization of the legislative 'body.. - Payment by Client of said compensation is contingent upon the~levy of assessments-..and the sale~and.delivery of improvement bonds representing unpa-id assessments in the assessment .district. If, for any -rea°son, assessments are not confirmed and bonds del,iv"eyed,, Engineer shall be paid a percentage of his estimated total `fee,, ,-sa~d~ percentage to be the percentage of the total work 3 .~ he. has completed at the time of the formation that the district cease's Dated: '-October 21, 1991 CITY OF PETAL , a municipa corporation of the State o California n A By MAYOR ATTEST: ._~ ,~ TRICIA E. BERNARD,, City Clerk NYSTROM ENGINEERING CORP., Engineer of Work X RICHARD A. N ROM 4