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CC Resolution No. 1381-1 ~ ~ ~ ~ . wJML:KIJ:ea 12/5/66 15c ' ~ RESOLUTION N0, 1381-1 l 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 ~ ~ 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. t ~ * * ~ * ~ 2. I ~ ~ ' ~ • • ~ . 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 ~ '~.f / _ i ~i ii~-~ Ma r P o tem ATTEST: / i ~City~,lerk