CC Resolution No. 3656.01 _ . d~
. WJ1~ff,:KIJ: e ja 4-29-'j1~1-?5
. ~ RESOLUTION T10. . s ~
• A RESOLUTIOi1 fiPPOIP:TIi;G E".:GII~L~~ 1`iI AT'Z'Oit;~YS
. ' AND AUTIiORIZZ;~G i:;:~CL~'IO:~i 0:' COh'TFtr:CT ~
~ F0~ EI~~GII~T~.2Iiv'G SERVIC~S .
DE ANZA CA;~iPUS OrF-S'T?.E.~^ °nRKIi:G AI1D TRAFFIC FACILITIES
ASSESS:~~:~T DISTZICT .
RESOLVED, by the City.Council of the City-of Cupertino,
California, thst . ,
~ WHFRE.45, this Council has determin~d to undertake preceed-
in~s pursuanL- to an5ropri~.te su~cial ~.ssessment and assess:~.ent
~ bond acts foi• the acquisition and construction of puolic irnrove-
ments in said .City; ar.d ~ ~
~ jJI-IER3'.AS, ~he public inter~s~t and ~e~r.eral tae? fare •will be ~ .
served by appointin~ and emplo~~ing e^gineers a:~d a,tLorneys for ~ ~
the preparation and conduct oz, said proceedir.gs and s~rork in con-
nection with said acquisitions and i.rsprovz,:.er.ts;.
~ NOW, Ti~F{EF'ORE, IT T_S ~ORDir2ED, ~h3t .
1. BRIAIVLK'1i~;~.S. FOliL~:. &_1SSOCIATFS
, (;ulii'orn~~., :,e ~.nu 1:: n~reay ~..apo:~ e as
. n~irieeT ot ti;ar:: ~.nd employed to do and perform all e:~oineerir.g
worY. necess~.ry in and ~or said proceedings, includin6 th° asseribly .
. and preparation of the En~ineer's report, esti:r.ate ot cost, ~.ssess- ~
ment dia~ra.r~ a.rd assessmen~ roll, 1nsn~ction, sett'ir?~ urade stalces,
supervision of wor::, and prep~.ring, si~ning and filir.g cost certi-
ficates; tll~.t LAtdFE\CE G. BRZ~\' ~ Of S~l.~d EyI~" ?_~';~_1S, F~~1LK
~~~~Q ,i~~mr,G ~
O
'lls
ati~i:cr~
~~a a~en oe, and heis nzi•E~y
aesi~raceu ~o m,~a~:e and si7n zn;~ certificate or docuM~nt recuired
• to be made or si~^~d by the En~ineer of ?rlort;; and t1r.~t cor,lpensa-
~ tior. there;o~ sh^~1 be as set ~orth in the attach~d "ContrncL for
~n~,ineerin~ S~rvices" ~.nd mwde a pa.rt hereof by reference th~reto,
2. The Public 'rlorks Director o~ ~his City is hereby
direc ted to exa.~ir.~ and approve the en~ i, eerin~ do~ur~.ents and to
provide the in~pec ~ion o~ the :installa,cior. oi said i~:prove;^~nts
usual ~or his u°fice to prov~ide. Ttie cost of s~.id inspection . ~
shall be assessed as an incidental expense of said proceed~ngs. •
3. The law firm of ~,'ilson, Jones., 2•'.orton & Lynch, Szn t~~a.teo,
~ California, be, ~.nd they ~,re hereby appointed and employed to do ~
~ ~ ,
06.L.
and perform all legal services required in the conduct of said pro-
ceedings, including the preparation of all papers not required to
be prepared by the Engineer (exclusive of printing), examining and
approving the engineering documents as to legal sufficiency and
advising the Engineer in the preparation of his work, advising all
City officials on all matters relating thereto when called upon, and
furnishing their legal opinion on the validity of said proceedings
and bonds; and that compensation be fixed at .two and one-half percent
(22) of the total assessment. It is intended that said percentage
fees constitute full compensation for all legal services required
to accomplish said project, except for litigation (other than
validating suits prosecuted on the recommendation of said attorneys)
and eminent domain proceedings. In the event such work is referred
to said attorneys, compensation therefor shall be based on reason-
able fees to be approved by the City Council.
4. The fees provided to be
be assessed as incidental expenses
from said assessments to be levied
othent,ise.
paid in Sections 1 and 3 hereof
of the proceedings and be paid
and bonds to be issued and not
5. The attached "Contract for EnIgineering Services" is
hereby approved, and the Mayor is hereby authorized to execute
said agreement on behalf of the City and the City Clerk is author-
ized and directed to Fittest hi.:, signature and to affix the corporate
seal of the City thereto.
PASSER AND ADOPTED at a regular meeting of the City Council
of the City of Cupertino this 6th day of May , -197t1, by
the following vote: _— _
AYES:
NOES:
ASSENT:
ATTEST:
zi�
.�.:..0
Councilmen - Frolich, Jackson, Meyers, Nellis, Sparks
Councilmen - None
Councilmen _ None
er
APPROVED:
2