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HomeMy WebLinkAboutCC Resolution 4496RESOLUTION NO. 4496 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 GONZALEZ & OBERKAMPER CIVIL ENGINEERS, INC. be and they are hereby appointed as Project Engineer for the doing of certain necessary engineering work and exercising certain of the 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 East San Rafael Drainage Assessment District No. 2, City of San Rafael, Marin County, California; and BE IT FURTHER RESOLVED that the employment of the said GONZALEZ & OBERKAMPER CIVIL ENGINEERS, INC. 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 author- ized to attest, that certain agreement employing the said GONZALEZ & OBERKAMPER CIVIL ENGINEERS, INC. 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 4th day of June, 1973, by the following vote, to wit: AYES: Councilmen Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini. NOES: Councilmen None. ABSENT: Councilmen None. MARION A. GRADY, 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 4th day of June, 1973, by and between the CITY OF SAN RAFAEL, a municipal cor- poration of the State of California, hereinafter called First Party, and GONZALEZ & OBERKAMPER CIVIL ENGINEERS, INC., a corporation, 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 assessment proceedings for the improvements and acquisitions to be made in East San Rafael Drainage Assessment District No. 2, 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 engineer- ing functions provided for by the provisions of the Municipal Improve- ment Act of 1913 in connection with the said improvements and acquisi- tions 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 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 and acquisitions. C. Construction staking. d. Supervision and direction of all engineering work required in connection with said improvements, subject to the 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 pay- ment 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, including furnishing on or before the date fixed for filing of the Engineer's Report, a list of the names and addresses of all pro- perty 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. 3. Second Party's compensation shall be the sum of twelve per cent (120) of the construction cost and contingencies for the above services. The above amount shall be paid by First Party out of the proceeds of assessments levied and bonds to be issued in said proceed- ings. 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 I,iayor, attested by its City Clerk, the day and year in this agreement first above written. CITY OF SAN RAFAEL, a municipal corpora- tion of the State of California By &� � > ATTEST: Mayor MARION A. G RADY , City Clerk "First Party" GONZALEZ & OBF.RKAMPER CIVIL ENGINEERS, INC., a corporation By � � �' �.-mss - %�P� By "Second Party" :WM