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HomeMy WebLinkAboutResolution No. 5461RESOLUTION NO. 5461 RESOLUTION AMENDING DESIGNATION OF PROJECT ENGINEER AND AUTHORIZING EXECUTION OF AMENDED AGREEMENT, SMITH RANCH ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA BE IT RESOLVED by the City Council of the City of San Rafael, Marin County, California, as follows: 1. That the designation of Project Engineer in proceedings for Smith Ranch Assessment District No. 1, City'of San Rafael, Marin County, California, be, and it is hereby amended to designate the firm of OBERKAMPER & ASSOCIATES -CIVIL ENGINEERS, INC. as Project Engineer and to delete from said proceedings any reference to GONZALEZ & OBERKAMPER CIVIL ENGINEERS, INC. as Project Engineer. 2. That the Mayor of the City of San Rafael be authorized to sign, and the City Clerk thereof be authorized to attest, that certain agreement employing the said OBERKAMPBER & ASSOCIATES CIVIL ENGINEERS, INC. as Project Enqineer for said assessment district. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the City Council of the City of San Rafael, Zarin County, California, at a regular meeting thereof, held on lst day of May, 1978, by the following vote, to wit: AYES: Councilmembers Jensen, Miskimen and Mayor Bettini NOES: Councilmembers ABSENT: Councilmembers &-3 None Mulryan and Nixon JEAN14E M. LEONCINI, City Clerk, City of San Rafael, Marin County, California A G R E E M E N T THIS AGREEMENT, made and entered into this lst day of May, 1978, by and between the CITY OF SAN RAFAEL, a municipal cor- poration of the State of California, hereinafter called First Party, and OBERKAMPER & ASSOCIATES CIVIL ENGINEERS, INC., a corporation, herein- after called Second Party; W I T N E S S E T H: That for and in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. First Party proposes to initiate special assessment pro- ceedings for the improvements and acquisitions to be made in Smith Ranch Assessment District No. 1, City of San Rafael, Marin County, California. 2. First Party employs Second Party as Project Engineer for the doing of certain necessary work and exercising certain engineering functions provided for by the provisions of the Municipal Improvement Act of 1913 in connection with the improvements and acquisitions to be made in said district. Said services shall include the following: a. Preparation of original design for the improvements and the furnishing of all original drawings, maps and blue- prints, plans and specifications required in connection therewith; the modification of design of the improvements as such may be required throughout these proceedings. b. Preparation of Engineer's Report as required in the Muni- cipal Improvement Act of 1913, including assessment roll, assessment diagram and engineer's estimate of cost of the improvements and acquisitions. C. Construction staking. d. Supervision and direction of all engineering work required in connection with said improvements, subject to the Jim approval of the First Party; provided, however, that Second Party shall not perform nor be responsible for inspection of the construction work, nor for soils engineering or any payment therefor. e. Rendition of general consultation advice to First Party, its officers, agents or employees with respect to the planning, preparation and handling of all engineering phases of the aforesaid improvement proceedings, in- cluding furnishing on or before the date fixed for filing of the Engineer's Report, a list of the names and addresses of all property owners within the boundaries of the district as shown on the last equalized roll for taxes or as known to the Engineer. Said list shall include coordination of the name and address with the assessment and diagram number, and the proper description of the property or the County Assessor's parcel number of each lot, piece or parcel of land shown on the assessment diagram, when appropriate. f. Attendance at such conferences and public meetings in the City as may be reasonably necessary to perform this con- tract of employment. g. Preparation of as -built drawings by Second Party on polyester -base reproducible material, to be submitted to First Party. 3. Second Party shall receive compensation for the above services as follows: a. $48,000.00 - Design fee b. $32,000.00 - Construction staking fee $80,000.00 Total The above amounts shall be paid by First Party solely out of the proceeds of assessments levied and bonds to be issued in said pro- ceedings. 4. In the event the proceedings are not carried through to conclusion, or shall be abandoned, then Second Party shall receive nothing. -2- 5. The contract dated September 20, 1976, between the City of San Rafael and GONZALEZ & OBERKAMPER CIVIL ENGINEERS, INC. is hereby declared null and void and of no effect. IN WITNESS WHEREOF, the parties have hereunto subscribed their names, First Party by its Mayor, attested by its City Clerk, the day and year in this agreement first above written. ATTEST: JEANNE M. LEONCINI, City Clerk (SEAL) CITY OF SAN RAFAEL, a municipal corporation of the State //of California By Mayor OBERKAMPF.R— & . "First Party" 'SOCIATES CIVIL ENGINEERS, INC. BY resident By -3- Secretary "Second Party"