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HomeMy WebLinkAboutResolution No. 5180RESOLUTION NO. 5180 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 Smith Ranch Assessment District No. 1, 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 authorized to attest, that certain agreement employing the said GONZALEZ & OBER- KAMPER 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 20th day of September, 1976, by the following vote, to wit: AYES: Councilmen Jensen. Miskimen and Acting Mayor Mulryan NOES: Councilmen None ABSENT: Councilmen Nixon and Mayor Bettini MARION A. GRADY, City Clerk, City of San Rafael, Marin County, California ��XMGI iJ'' L A G R E E M E N T THIS AGREEMENT, made and entered into this 20th day of September, 1976, by and between the CITY OF SAN RAFAEL, a municipal corporation of the State of California, hereinafter called First Party, and GONZALEZ & OBERKAMPER 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 agree- ments 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 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 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 engi- neering 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, including -1- 0 R I 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. 3. Second Party shall receive compensation for the above services as follows: $48,000.00 - Design fees, to be due and payable when the initial bond proceeds are available; $18,000.00 - Construction staking fees, to be due and payable as billed upon completion of each phase of the construction staking work. The above amount shall be paid by First Party out of the pro- ceeds 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 67 (SEAL) CITY OF SAN RAFAEL, a municipal corporation of the State of California By Mayor "First Party" GONZALEZ & OBERKAMPER CIVIL ENGINEERS, INC., a corporation By By _2_ "Second Party" A G R E E M E N T THIS AGREEMENT, made and entered into this 20th day of September, 1976, by and between the CITY OF SAN RAFAEL, a municipal corporation 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 agree- ments 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 and Smith Ranch 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 engineering 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 districts. 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 for the two districts. b. Preparation of the Engineer's Reports for the two districts as required in the Municipal Improvement Act of 1913, in- cluding assessment rolls, assessment diagrams and engi- neer's estimates of cost of the improvements and acquis- itions. C. Construction staking. d. Supervision and direction of all engineering wort required in connection with said improvements, subject to the approval of the First Party; provided, however, that Second Party shall not perform nor be responsibly Tor inspection of the construction work,.nor for soils engi- neering or any payment therefor. e. Rendition of general consultation advice to Fizst Party, its officers, agents or employees with respect +­ r:�E planning, preparation and handling of all enginc4:.•Yng phases of the aforesaid improvement proceedings, including furnishing on or before the date fixed for filing of the Engineer's Reports, a list of the names and addresses of all property owners within the boundaries of the districts 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 diagrams, 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 fees for both districts to be due and payable when the initial bond proceeds for Smith Ranch Assessment District No. 1 are available. b. $18,000.00 - Construction staking fees, $16,000.00 to be due and payable as billed upon compl- etion of each phase of the construction staking work for Smith Ranch Assessment District No. 1, and $2,000.00 to be due and payable upon acceptance of the work and as -built drawings by First Party for Smith Ranch Assessment District No. 1. C. $14,000.00 - Construction staking fees, $12,000.00 to be due and payable as billed upon compl- etion of each phase of the construction staking work for Smith Ranch Assessment District No. 2, and $2,000.00 to be due and payable upon acceptance of the work and as -built drawings by First Party for Smith Ranch Assessment District No. 2. $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 proceedings. 4. In the event the proceedings for both assessment districts are not carried through to conclusion, or shall be abandoned, then Second Party shall receive nothing. In the event the proceedings for Smith Ranch Assessment District No. 2 are not funded, then Second Party shall not receive the compensation set forth in Paragraph 3-c above. -2- 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 (SEAL) CITY OF SAN RAFAEL, a municipal corporation of the State of California By ��CC�G �% .�•c i��t Mayo "First Party" GONZALEZ & OBERKAMPER CIVIL ENGINEERS, INC., a corporation By By Secretary -3- "Second Party"