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HomeMy WebLinkAboutCC Resolution 2572RESOLUTION NO. �y
RESOLUTION APPOINTING ENGINEER OF WC?Ry► AND AVTK0RI2-
ING M(ECUTI0H CF AGREE -
BE IT RESOLVED by the City Council of the City of San
Rafael, Marin County, California, that BAN COLEMAN ASSOCIATES, re-
gistered civil engineers, be, and they are hereby, appointed as
Engineer of Work for the doing of all necessary engineering work
and exercising all of the functions provided for the office of
Engineer of Work in connection with Bret Harte Drainage Assessment
District, City of San Rafael, Marin County, California; and
BE IT FURTHER RESOLVED that the employment of the said BAST
COLEMAN ASSOCIATES.shall be as provided in the attar d agreement;
and
BE IT ETHER RESOLVED that the Mayor of the City of San
Rafael be authorized to sign, and the City Clerk be authorized to
attest, the attached agreement employing the said DAN COLEMAN ASSO-
CIATES as Engineer of Work.
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 tweeting thereof, held on the
19th day of Harch 1962; by the fo;lowing vote, to wit:
AYES: Councilme -�i
NOES: Councilmen
ABSENT: Councilmen
:.L. MORGANy Clerk, , City o..
Sin Rafael / ?Mlin County,
California.
(SEAL)
AGREEMENT
THIS AGREEMENT, made and entered into this 19th day of
Larch, 19623 by and between the CITY ©F SAN RAFAEL, a municipal cor-
poration of ttv State of California, hereinafter designated as "First
Party", and DAN COLEMAN ASSOCIATES, registered civil engineers,
hereinafter designated as "Second Party";
VITNESSETH:
That for and in consideration of the mutual covenants herein
contained, the parties hereto agree as follows:
1. The First Party proposes to initiate special assess -
vent proceedings for the construction and acquisition of improvements
in "Bret Harte Drainage Assessment District, City of San Rafael,
Aurin County, California".
2. First Party hereby employs Second Party as Engineer of
Mork for the doing of all necessary engineering work'and exercising
of all functions provided for the office of Engineer of Mork and
Superintendent of Streets under the "improvement Act of 191.1" or
the " Municipal Improvement Act of 1913' in connection with the im-
provement work in said City of San Rafael hereinabove described,
and to be done in said Bret Harte Drainage Assessment District.
Said services shall include the following:
a, Doing of all necessary engineering, work and exercising
of all functions provided for the office of Engineer of
Mork and Superintendent jf Streets in the "Improvement
Act of 191 ` or ' the 1114imicipal Improvement Act of 1913".
b. Preparation and furnishing of all surveys, original
drawings, maps and blueprints, plans and specifications;
preparation of assessment roll, assessment diagram;
warrant and any and all other services which may be re-
quired from the Engineer of Work under the provisions
of the said "Improvement Act of 1911" or the "Municipal
Improvement Act of 1913".
c. Supervision and direction of all engineering work required
to be taken by City of San Rafa,.-I, or its officers, agents
or employees in connection with said work and improvement;
d. Rendition of general consultation: and advice to the Cit_Y
of San Rafael, its officers, agents or employees with
respect to the planning, preparation and handling of all
engineering phase:, of the aforesaid improvement proceedings.
-1-
a. Attendance at such conferences and public meetings in the
City of San Rafael as may be reasonably necessary to per-
form this contract of employment.
3. Second Party shall receive as compensation for the
doing and performance of said work the sum of eight per cent (8%)
of the contract price of the work to be done. Incidental costs and
expenses incurred in connection with the proceedings shall not be
included in determining the amount of the cost of the work as that
term is used herein.
4. Said compensation shall be paid to Second Party as
a. In the event the Improvement Act of 1911 is utilized in
carrying through the proceedings for the work contemplated,
compensation shall be paid as follows:
(1) Seventy -f per cent (75%) thereof shall be payable
upon the ., :.rding and signing of the contract for
the work.
(2) The balance thereof shall be paid at the time of
recording the warrant, diagram and assessment.
b. In the event the Municipal Improvement Act of 1913
is utilized in carrying through the proceedings for the
work contemplate'l, comp msation shalt. be paid as follows:
(1) Upon gale of the bonds issued pursuant to the pro-
ceedin-, -ken for the construction and acquisition
of the ov --merits.
5. In the event that said proceedings shallfail to be
carried through to conclusion, that Second Party shall be paid the
reasonable value of services performed to the point of abandonment
of the proceedings, said compensation to be paid by First Party for
the services which have been performed.
IN WITNESS THEREOF, the prties have hereunto subscribed
their names, First Party by its Mayor,,attested by its City Clerk,
they day and year first above written.
CITY OF SAN RAFAEL, a municipal
ATTEST-
rporation
Cit -ClerV mayor
"FIRST PARTY"
DAN COLEMAN ASSOCIATES
/4Ly.
"SECOND WARTY"