CC Resolution No. 1381-1 ~ ~ ~
~ . wJML:KIJ:ea 12/5/66 15c '
~ RESOLUTION N0, 1381-1
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A RESOLUTION APPOINTING ENGINEER ADID ATTORNEYS
STEVENS CREEK BOULEVARD - STELLIN(} ROAD - McCLELLAN ROAD
IMPROVEMENT PROJECT
RFSOLVED, by the City Council of the City of Cupertino,
California, that
WHEAEAS, this Council has determined to undertake proceedings
pursuant to appropriate assessment and assessment bond acts for the
acqulsition and construction of public improvements in said City;
WF:EREAS, t!~e public interest and general welfare will be
served by appointing and employing engineers and attorneys for the
preparation and conduct of said proceedings and work in connection
with s~id acquisitions and improvements;
NOWS THEREFORE, IT IS ORDERED, as follows:
1. Lawrence G. Brian and Co., Consulting Civil Engineers,
Fedwood City, California, be,and it is hereby appointed as Engineer
of Work and employed to do and perform all engineering work neceasary
in and for said proceedings, including all preliminary surveying,
p^eparation of report, plans9 profiles, specifications, estlmate of
costs, diagram and assessment, setting grade stakes and supervisior_
of work; and preparing, signing and filing cost certificates; thai.
Lawre~ce Ga Brian, of said Lawrence G. Brian and Co., or his author-
lzed agent, be, and is hereby, designated to make and sign any
certificate or document required to be made or signed by tne Eagineer
of Work; and that their compensation be, and it is hereby, fixed as
set forth in that certain ag^eement for engineer•ing services this
day presented to this Council, and the Mayor is hereby authorized to
execute said agreement on behalf of said City and the City Clerk is
suthorized to attest his signature and to affix the corporate seal
of the City thereto.
2. The Director of Public Works of said City is hereby di-
recte3 to examine and approve the engineering documents, and to
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provide inspection of the construction of said improvements and to
accept said work when done to his satisfaction. The cost of said
inspection shall be assessed as an incidental expense of said pro-
ceedings.
3. That the City Attorney and the law firm of Wilson, Jones,
Morton & Lynch, San Mateo, California, be appointed to do and per-
form all legal services required in the conduct of said proceedinga,
inc?uding the preparation of all papers not required to be prepared
by the Engineer (exciusive of printing), examining and approving
±re ergineering documents as to legal sufficiency, and advising
tr.e Engineer in the preparation of his work, advising all City offi-
cials on all matters relating thereto when called upon, and furnish-
ing *he legal opinion of Wilson, Jones, Morton & Lynch on the valid-
ity of said proceedings and bonds; and that their compensation be
f~xed at two per cent (2%) of the cost. of the pro~ect, exclusive of
±ncidental expenses. It ie intended that said percentage fees con-
stitute full compensation for all legal services required to ac-
complish said pro~ect, except for litigation (other than validating
suits prosecuted on the recommendation of said attorneys) and eminent
3oma±n proceedings. In the event such work is referred to said
a*_torneysr ~ompensation therefor shall be based or. reasonable fees
to be approved by the City Council.
That the fees provided to be paid in Sections i and 3
nereof be assessed as an incider.tal expenae of the proceedings and
tr~a± the fees provided in Section 3 hereof be not payable otherwise
by tne G1ry.
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2.
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PASSED and ADOPTED by the City Council o£ the City of
Cupertino, State of California, this 5th day of December ,
lg6 6, by the £ollovring vote:
AYES: Councilmen: Dempster, Johnson, Noel, Fitzgerald
rIOES: Councilmen: None
ABSENT: Councilmen: Stokes
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Ma r P o tem
ATTEST:
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~City~,lerk