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Home My WebLink About75-077~~~ RESOLUTI~N N0. 75-77 RESOLUTION APPOINTING PROJECT ENGIN~~R ANA AUTHORIZI~VG EXECUTZON OF AGREEMENT ~ BE IT RES~LUED by the Hoard of 5upervisors o~' the Cnunty of Butte, State af Caiifornia, that COOK ASSOCIATES, CONSULTING ENGINEERS, Orovil.le, California, he and they are herehy appain~ed as Project Engineer for the doing of a1~ nacessary engineering work and exercising all of the engineering functions provided for under the provasions of the Municipal Improvement Act of 1.913 in connect-- ian with the improvements and acquisitions to be tnade in proposed ' Clark Road Assessment District No. 1, Caunty of Butte, Sta~e of California; and HE I~f FURTHER RESOLUED that the emp7.oyment of the said CDOK ASSOCIAi"E5, CON5E1LTIt1}G ENGINEERS, shall be as provided in the attached agreement; and BE IT FURTHE~i RESOLUE- that the Chairman of the Board of 5upervisors of the County of Butte be au~horized to sign, and the Caunty C~erk thereof be authorized to attest, that certain agree- ment employing the said C[lbK ASSOCIATES, CONSULTIN~ ENGINEERS, as Project Engineer for said assessment district. ~ ~ ~- I HER~~Y CERTIFY that the foregoing resol.ution was duly ~ and regular.iy adopted 6y the Board nf Supervisoxs of the County of Butte, 5tate of Califa~nia, at a regular meeting thereaf, held on the 6th day of A~a~a~d., 1975~ 6y the following vote, to wit: . . rray AY~S: Sttpervisors Cameron, Richter, Madigan, McKillop and Chas.rman Ladd NOE5: Supervisors None ABSENT: Supervisors ~~ . ~~ ~ __. ~ . "' -`~ CLARK A. NEL50N, Counfy Clerk, -- ti Caun~y af Hutte, 5tat~ of -' '~ ~- -• Califarnia . _ ~,. " ,-~ ~~ . ~- ~~~-~-~tw ~ ~' { \.. ~ ~ ~ -7 - ~r..>>~ ~'A ~ ~?~ ~ ~ a~ 7 ~ - 7 / _. ~__ .._ . ,:... __.._,..._.. . _.-_ __', _ _ '__., _._ 71~ ~i~ ~.... __ A G R E E M E N T THIS AGREEMENT, made and entered into this 6th day of May , 1975, by and between the COUNTY OF.BU~TE, a political subdivision of the State of California, hereina~ter called First Party, and COOK ASSOCTATES, Engineering Consultants, Oraville, Californza, hereinafter called Second Party; W I T N E 5 S E T H: That for and in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows: l. First Party proposes t~ initiate special assessmen~ proceedings for the improvements and acquisitions to be made in Clark Road Assessment ~istrict No. I, County of Butte, State o~ California. 2. First Party employs Second Party as Project Engineer for the doing of all necessary work and exercising all engineering functions provided for by the provisions of the Municipal Improve- ment Act of 1913 in connection with the said improvements and acqui- Y sitions to be made in said district. 5aid services sha11 include the following: a. Doing of all necessary engineering wo~k and exercising of a1J. engineering functions pro- va.ded for under the provisions of the Muni- cipal Tmprovement Act of 1913; b. Preparation and furnishing of all surveys, original drawings, maps and blueprints, plans and specifi- cations, preparation of assessment roll, assessment diagram, and any and a11 other services which znay be required under the provisions of the said Municipal Improvement Act of 1913; c. Supervisipn and direction of a11 engineering work requa,red to be taken by First Party or its Officers, agents or employees, in connec~ion with said improve- ments. Said duties stcall include furnishing, on or before the date fixed for fil.a.ng o.f the Engineer's Report, a list of the names and addresses of all proper~y owners within the boundaries of the district as shown on the last equalized roll for ~axes ar as knotan to the ~ngineer. 5aid list shall include coordination af the name and address with the assessment and diagram number, and the proper descrip~ion of the property or the County Assessor's parcel numb~r of each lot, piece, or parcel of land shown on the assessment diagram when appropriate. . - d. Rendition o£ general consultation and advice ~o First Party, i~s officers, agents, or employees with respect to the planning, preparation and . handling of all engineering phases of the afore- said proceedings; e. Attendance at such conferences and public meetings with First Party as may be reasonably necessary to perform this contract of employment. £. Construction consultation. g. Right-of-way engineering and assistance in the acquisition of rights-of-way and/or easements as may be required. 3. Second Party shaZl rece~ve as compensation £or said services listed as a through f, herein agreed to be provided, the sum of fifteen per cent (15$) of the project costs. "Project Cost" is defined to inalude construction costs, acquisition costs, utility deposits and contingency funds as shown on the finai Engineer's Report and Estimate of Cost approved by First Party and on file in the proceedings at tne time of confirmation of the assessmen~ district. "Project Cost" shall not include: (a) Tncidental expenses; (b) The amount of any bond discount. Second Party shail reaezve as compensation for said service listed as g, herein agreed to be provided, in accordance with the attached fee schedule, "Exhibit A", for services as rendered. Said compensa~ion shall be payable from th~ pro- ceeds of assessments levied in saifl proceedings based upon the. figures enumerated above except in the event sazd proceedings are not carried through to conclusion, or shall be abandoned, then Second Party sha11 be compensated from ~unds other than the inc~dental expenses of the:assessment district. Said campensation shall be made as follows: -2- A. If said proceedings are not carr~ed through to conciusion, or shall be abandoned, then S~cond Party shall be compensated withzn 30 days, in accordance with said "Exh~bit A" for services as rendered. B. If said proceedings are carried through the hearing ~ox determining public convenience and necessity, Second Party shall be compensated for preparation of plans and specificatians within thirty (30) days after their preparation and submission to First Farty, in the amount of nine per cent (9$) of the estimated cost of construc- tion glus contingencies, from funds other than the incidental expenses of the assessment distric~, said amount to be repaid from the incidental expenses of the assessment district as such assess- ment district funds become available. C. If said proceedings are further carried through the hearing on the Resolution ot Intention and confirma- tion of assessments, Second Party shall be additionally compensated within 30 days in the amount of three per ~ cent (3~) of the estimated cos~ of construction plus contingenczes from funds other than the inczdental expenses of the assessment district, said amount to be repaid from the incidental expenses of the assessment distric~ as such assessment distric:t funds become avai~able. D. Second Party shall be additionally compensated w~thin 30 days aftex acceptance of the work by First Party ~or all other compensation due Second Party in accordance with this agreement. Compensation provided for herein does not inc~ude expenses for Second Party for services in connection w'ith 1iti~ gation, such compensation to be in accordance with said "Exhibit A" for services as rendered. IN WITNESS WHEREOF, the parties have hereuntn subscribed their names, First Party by the Chairman of its Board of Supervisors, a~tested by its County Clerk, the day and year in this agreement fzrst above wri~ten. ATTEST: CLARK A. NELSON, County Clerk By ~--c.t~-!.~ ~ i~'c-~~ COUNTY OF BUTTE, a political sub- division of the State of California By air~an, Boar o Su rvisors "First Par~y" COOK ASSOCIATES, Engineering Cons ants APPROV~p AS TO FOR~4 By ~ D .~C o Approved for fiscal confrol, sub'ec+ gutFe County Counsel to bud e} a ~ _ aniel V• Backstock "5econd Party" q ppropriation. Audifor's Offi~e BY ..... ........ ..... ..... ....... 8v`~~~- -..~.. . _.~. . ._......_....... - 3 ^ , ; ; . ,: ' . / 5TRNDAf~~ FE~ SCfiEpllLE COOK AS50CIATES, ENGINEERING CbNSULTANTS 2060 PARK AVENUE . OROVILLE, CALIFORNIA November, 1974 , Office Hourly Rate Principal Enginser ~ z2,pp Assaciate Engineer 19.00 Assis~ant Engineer 16.00 Junior Engineer 13.00 Engineering Aid 10.00 Principal Draftsman 14.00 Seninr Draftsman 12.00 Draftsman , LQ.Op Junior Draftsman B.Oa ClericaI. • 5.50 Fieid Residant Inspectar 16.00 Assistant Inspector 13.0~ 3 Man Survey Party 38.00 2 Man Survey i'arty 28.00 Party Chief 1F~.00 Travel in Compan~ Equipment Mileage charge of 15~ per mile wi11 6e charged for all travel out- si.de general srea of the work. Aircraft travel wi11 be charged at the rate of ~16.50 per flying hour. Other Fees Fees paid 6y us to consultants wi1]. 6e billed as znvoiced to us. Electronic computer services will be billed at cost. Electronic distance measuring equipment will be billed at cost. Report printir~g will be billed at cost. At the client's option fees may be cietermined and fixed as defined in Americen Society of Civii Engineers Manual of Practice 45. Supplies Hlueprints, sepias, specifications, surveying stakes, iron pins, flagging, etc., wi11 be billed at standard retail prices. Terms Our standard tesms are net 30 days unless otherwise specifi~ally provided in writing. . e Exhibit A ' ' . , _. _.._ -. - ---- __ .-- - _..~. ~ . . _._... _ - _ ~i : 3~ ~ ~