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
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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
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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.
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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
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Secretary
"Second Party"