HomeMy WebLinkAboutResolution No. 5049RESOLUTION NO. 5049
RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO
PROJECT ENGINEER'S AGREEMENT, EAST SAN RAFAEL
DRAINAGE ASSESSMENT DISTRICT NO. 2, CITY OF SAN
RAFAEL, MARIN COUNTY, CALIFORNIA
WHEREAS, on the 4th day of June, 1973, the City Council
appointed Gonzalez & Oberkamper Civil Engineers, Inc., a corporation,
as Project Engineer for East San Rafael Drainage Assessment District
No. 2, City of San Rafael, Marin County, California, and authorized
execution of the agreement between the City of San Rafael and
Gonzalez & Oberkamper; and
WHEREAS, said Project Engineer has submitted a letter to
the City Council amending the Project Engineer's agreement dated
June 4, 1973,
NOW, THEREFORE, BE IT RESOLVED that the Mayor of the City
of San Rafael be authorized to sign, and the City Clerk thereof
be authorized to attest, that letter of amendment dated July 30,
1975, a copy of which letter is attached hereto and by this reference
is hereby incorporated herein.
BE IT FURTHER RESOLVED that the City Clerk is hereby
directed to file a copy of said executed letter of amendment
with the original Project Engineer's agreement, dated June 4, 1973,
on file in her office.
I HEREBY CERTIFY that the foregoing resolution was duly and
regularly adopted by the City Council of the City of San Rafael,
Marin County, California, at a regular meeting thereof, held on the
6th day of October 1975, by the following vote,
to wit:
AYES: Councilmen: Jensen, Miskimen, and Acting Mayor Mulryan
NOES: Councilmen: None
ABSENT: Councilmen: Nixon and Mayor Betti ni
MARION A. GRADY, City Clerk,
City of San Rafael, Marin County,
California
nr t`. r, :Z
.`
GONZAL-L & OBERKAMPER
CIVIL. ENGINEERS, INC.
C.C. AGENDA ITEM N0. 16
10 PAUL DRIVE SAN RAFAEL. CALIF. 9.19UJ
The Honorable City Council
City of San Rafael
City Hall
1400 Fifth Avenue
San Rafael, California 94901
(415) 479-86
July 30, 1975
Re: East San Rafael Drainage Assessment
District No. 2, City of San Rafael
Gentlemen:
At the time the East San Rafael Drainage Assessment District
No. 2 was initiated, the petition requesting the district, which was
signed by the owners of more than 60% of the area, called for the
construction of the levee. The City Council suhseclue•ntly 1";sed t1►e
resolution of intention authorizing the formation of the district, including
the levee. That resolution directed our firm to prepare t},e engineering
documents which included design of all the public it-npl'ovenlents, again
including the levee.
As you know, in subsequent meetings al,d worl, sessions,
the
,� nd our
total assessment of the district was cut down sub!it.tlitially, w",l
y
in which this was done included the elimination of the levee frurrl thy.
project. Meanwhile, we had prepared and completed the (1(. .% of the
levee suitable for bidding purposes and for the engineer's report.
The original fee provided in the assessment district for oily
services was $45,960. That was reduced to an estimated -123340. 00
10ee
when the lesser amount of work was dt-cidc•d upon. h tttl$ i ,3 ill order
was erroneous and should have been approxin)ately
that the fee for the design of the levee could bc: paid. Our contract with
the City of San Rafael should have been amended to inclll(lc de sigh costs
for the levee as well as for the construction items.
We are asking, therefore, that par:ct�r:►I.)h 3 on I :t9v l of II-I(--
contract
Ilecontract for the Project Engineer, •xblc;h provides "cornpe•n:;,ltic,n h.l]!
be the sum of twelve per cent (1 L%) of the co►�structic,rl c c.st and c cuctici-
gencies, " be amended to read as folluws:
113. Second Party's compensation shall be the slim of
twelve per cent (127o) of the construction cost and
contingencies for the abovc services, 11111:7 :six
per cent (67,) of the c•stini:tted cost of the h-ve•c• as
compensation for the engineeri11 I desil;rl of the
levee. The alcove ai»ou"t shall hc• paid by first
The Honorable City Council
City of San Rafael
C.C. AGENDA ITEM N0. 16
July 30, 1975
I'llge T"k o
" Party out,of the proceeds of assessments N -vied
and bonds to be issued in said proceediligs. "
This requested amendment is consistent with the procedure
which was followed in East San Rafael Drainage Assessment District
No. 1 whereby the levee design has been accomplished and paid for
and construction has not taken place.
CEG/clp
1.
Agreed and Approved:
CITY OF SAN RAFAEL
Attest:
Mayor
ity .lerI
Very truly yours,
GONZALEZ & O13ERKAMPE'R
CIVIL ENGINEERS, INC -
Carlos E. Gonzalez
President