HomeMy WebLinkAboutCC Resolution 4419RESOLUTION NO. 4419
RESOLUTION APPOINTING PROJECT ENGINEER AND AUTHORIZING
EXECUTION OF AGREEMENT
BE IT RESOLVED by the City Council of the City of San
Rafael, Marin County, California, that JAMES J. ZERBE, Consulting
Civil Engineer, be and he is hereby appointed as Project Engi-
neer for the doing of certain engineering work and exercising
certain engineering functions provided for under the provisions
of the Municipal Improvement Act of 1913 in connection with the
improvements and acquisitions to be made in proposed Mooring Road Sewer
Assessment District, City of San Rafael, Marin County, California;
and
BE IT FURTHER RESOLVED that the employment of the said
JAMES J. ZERBE shall be as provided in the attached agreement;
and
BE IT FURTHER RESOLVED 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
JAMES J. ZERBE as Project Engineer 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,
Marin County, California, at a regular meeting thereof, held on the
2nd day of April, 1973, by the following vote, to wit:
AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: Councilmen : None
ABSENT: Councilmen : None
MARION A. GRADY, City Clerk,
City of San Rafael, Marin
County, California
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A G R E E M E N T
THIS AGREEMENT, made and entered into this 2nd day of
April, 1973, by and between the City of San Rafael, a municipal
corporation of the State of California, hereinafter called First
Party, and JAMES J. ZERBE, Consulting Civil Engineer, hereinafter
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 assess-
ment proceedings for the improvements and acquisitions in Mooring Road
Sewet Assessment District, City of San Rafael, Marin County, California.
2. First Party employs Second Party as Project Engineer for
the doing of certain engineering work and exercising certain engineer-
ing functions provided for by the provisions of the Municipal
Improvement Act of 1913 in connection with the said 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 blueprints, plans and specifications required
in connection therewith; the modification of design
of the improvements as such may be required through-
out these proceedings.
b. Preparation of the Engineer's Report as required in
the Municipal Improvement Act of 1913 including
assessment roll, assessment diagram and engineer's
estimate of cost of the improvements.
C. Rendition of general consultation advice to the City
of San Rafael, its officers, agents or employees
with respect to the planning, preparation and handl-
ing of all engineering phases of the aforesaid im-
provement proceedings, including 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 assess-
ment 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.
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d. Attendance at such conferences and public meetings
in the City of San Rafael as may be reasonably neces-
sary to perform this contract of employment.
3. Second Party shall receive compensation for the
above services as follows: Ten per cent (10%) of the total
construction cost.
The above amount shall be paid by First Party out of
the proceeds of assessments levied and bonds to be issued in
said proceedings.
4. In the event said proceedings are not carried through
to conclusion, or shall be abandoned, then Second Party shall
receive nothing.
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:
MARION A. GRADY, City Clerk
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CITY OF SAN RAFAEL, a municipal cor-
poration of the State of California
By
Mayor
"FIRST PARTY"
JAMES J. ZERBE, Consulting Civil
Engineer
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