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Home My WebLink About1987-04-14; City Council; Resolution 90161 2 3 4 5 6 7 €3 9 10 11 12 12 2.4 15 1E 17 1€ 15 2c 21 22 22 24 2t 26 2'; 2E RESOLUTION NO. 9016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE SEVENTH SUPPLEMENTAL AGREEMENT TO AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE FIRM OF NBS/LOWRY FOR CONSULTING ASSESSMENT ENGINEERING SERVICES The City Council of the City of Carlsbad, California does hereby resolve as follows: 1. The seventh supplemental agreement to an agreement between the City of Carlsbad and the firm of NBS/Lowry for consulting assessment engineering services is hereby approved. 2. The Mayor of the City of Carlsbad is hereby authorized and directed to execute such agreement for and on behalf of the City of Carlsbad. 3. Funds in the amount of $65,250.00 have been received from developers and are hereby appropriated for this project in account number 330-820-1840-3188. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 14th day of April , 1987 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux, and Larson NOES : None ABSENT: None CLAUDE h. LEWIS, Mayor ATTEST: (SEAL) 7TH SUPPLEMENTAL AGREEMENT TO AGREEMENT FOR ASSESSMENT ENGINEERING SERVICES DATED MARCH 13, 1985 (MASTER AGREEMENT) THIS 7TH SUPPLEMENTAL AGREEMENT to the above described agree- ment as approved by the City Council of the City of Carlsbad on March 13, 1985, hereinafter referred to as "Master Agree- ment", is made and entered into as of the day of , 1987, by and between CITY OF CARLSBAD, 1 a municipal corporation, hereinafter referred to as "City" and NBS/LOWRY, INCORPORATED, hereinafter referred to as Cons u 1 tant" . RECITmS City requires the services of an assessment engineering con- sultant to assist in processing of an assessment district referred to as the Cannon Road Assessment District; and The City Council directed the City staff to prepare documents for the establishment of the Cannon Road Assessment District. NOW, THEREFORE, City and Consultant mutually agree to supple- ment the above referenced agreement as follows: t - 1- 1. CONSULTANT'S OBLIGATION. The following paragraphs are intended to encompass all duties and responsibilities of the "Engineer of Work" and the "Assessment Engineer," as such terms are customarily used in proceedings under the Municipal Improvement Act of 1913 and the Improvement Bond Act of 1915. In addition, Consultant shall be responsible for providing public information with regard to the Cannon Road Assessment District for City. Consultant shall perform all work necessary to assist the City Engineer in processing the Cannon Road Assessment District. The work shall include but not be limited to the following as directed by the City Engineer: a. Mapping - Prepare maps (boundary maps and assessment diagrams) and related documents required under the Municipal Improvement Act of 1913. b. Engineer's Report and Investigation Report - Prepare the Engineer's Report required by said Act and the Investiga- tion Report required by The Special Assessment Investigation, Limitation and Najority Protest Act of 1931. c. Property Listings - Prepare and keep current the following lists for all properties: A mailing list of the record owners of all par- cels within Assessment District including assess- ment number and the assessor's parcel number, legal description, mailing address of owner, I value of land and improvements, and amount of assessment. - 2- An alphabetical list of the record owners of all parcels within Assessment District. d. Printing and Mailing of Notices - In connection with formal hearings to be held, arrange for printing and mailing of notices prepared by the bond counsel. Prepare and arrange for printing and nailing general information material to all property owners in accordance with the legal time schedule. Arrange for printing of hearing and posted notices and posting as required by said Act. Remove posted notices promptly after hearings . e. Testing of Assessment Criteria - Review all alterna- tive criteria or methods of assessment for the individual par- cels of land. Hold meetings with the City staff, affected land owners, bond counsel, and financial consultant on a perio- dic basis for review and testing of assessment criteria. f. Bond Sale Information - Provide information necessary for che bond counsel or financial consultant, including but not limited to: information for bond opinion; information to to bond purchasers, including all information contained in the Engineer's Report; and general information and data regarding the Assessment District. g. Iiifcrmal Meetings - - Attend all informal meetings or hearings held for the purpose of disseminating information to the public. Prior to such meetings OL' hearings, prepare and t assemble information fcr purposes of making a conplete and factual presentation. information for public distribution. Prepare sufficient copies of written -3- h. Formal Hearings - Attend all hearings held under said Act, fully prepared to present all necessary testimony and to respond to all public comments. prepare a booklet for each memher of the City Council and each staff memher canslsting of a proposed agenda, Engineer's Report, Prior to the hearing, summary of construction bids, tabulation of final assessment on each parcel r?f land, alphabetical list of ownership, and generel jnformation. Prior to conclusion of the hearing, tabu- late all protests and file a written summary thereof with the City Clerk. i. Filing Assessment Documents - ing for the formation of the Assessment After the final hear- District, file the assessment diagram, roll and notice of assessment with the appropriate public officials, such as the City Clerk, Superin- tendent of Streets, County Recorder, County Surveyor, Treasurer or Paying Agent, and other City and County officials. j. Final Assessment Notices - Prepare final assessment notices and arrange for mailing said notices to property owners, as requested and confirmed by the City Council at the hearing. k. Unpaid Assessment List and Bonds - After expiration of the cash collection period, prepare a paid and unpaid list of assessments. 1. Treasurer's Report - Assist in the preparation of a Treasurer's Report of unpaid I assessments. 2. ADDITIONAL SERVICES When authorized in writing by the City Assessment Engi- neer, Consultant shall perform or obtain from consultants or -4- subcontractors approved by City, additional services in con- nection with the Project not otherwise provided for in this Agreement. City as provided in Section 5 of the Master Agreement. 3. PERIOD OF SERVICE Said additional services shall be paid for by Work shall begin within ten (10) calendar days after receipt of notification to proceed by the City Assessment Engineer. sion according to a schedule approved by the City Assessment Engineer. ment Engineer in accordance with Section 3 of the Master Agree- Work shall proceed in a diligent manner to conclu- Extensions of time may be granted by the City Assess- ment. The date of the public hearing before the City Council has not been set. 4. FEES TO BE PAID TO CONSULTANT City shall pay Consultant for services described under Section 1 of this Supplemental Agreement, a lump sum fee of Fifty Thousand Dollars ($50,000). Upon the execution of this Agreement, any payments made by or billed to City by Consultant on an hourly rate basis pursuant to the Master Agreement for this Assessment District shall be credited to and be considered as included in the lump sum fee set forth above in this Section. -5- 'I '. IN WITNESS WHEREOF, this Supplement to Agreement dated March 13, 1985, has been executed by the parties through their duly authorized representatives as of the date first herein- above written. NBS/LOWRY, INCORPORATED By : 6. I!?- CITY OF CARLSBAD APPROVED AS TO FORM: ATTESTED : By : &- &mQe - q/s8*. n City Attorney I - 6-