HomeMy WebLinkAbout1972-02-15; City Council; 260-1; Highland Drive Sewer1
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T' 11 E CITI OF CARLSBA , C k I, I F'O H N r A
Date: February 15, 1972
Subject:
Highla,nd Drive Sewer. - AD 2-1969
-. Agreement for Assessment Engineer . Works,
Statenent of the :.latter -.
The City Council, by Resolution No. 1792,- di-rected the preparation of
plans .and specif ications.for .subject assessment' district. Plans have
been completed and i.t is necessary to calculate prel iminary assessments
based on estimated costs and benefits to be received.
this department has found that improvement dist'ricts are best served bv
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In the past.,
utilizing the services of a professional assessment engineer to spread
the assessments.
provided satisfactory services to the' City on past districts.
The cost of the-assessment engineering will be reimbursed to the'City
by the district if the district is approved and construction comp'leted.
Mr. Jud Na-iman is an assessment. engineer who has
Exhi bi t
1) - Agreement for Assessment Engineering, AD 2-1969.
2) , Resolution. No.Jqq/ , appointing Assesgment Engineer.
Staff Recommendations
Adopt Resolution No. /'5/ , authorizing the Mayor 'to execute the
attached agreement with-Jud T. Naiman on beha'lf of the City.
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DaLL-: February 15, 1972
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. . City Manaaer's Recoamendation
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1951, -authorizing execution and further reahing waived.
Council *Action
of
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- 2-15-72 *Resolution No. adopted by title .only was agreement,
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RESOLUTION NO. 1951
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD AUTHORIZING THE EXECUTION OF AN
AGREEMENT APPOINTING AN ASSESSMENT ENGINEER
RE: ASSESSMENT DISTRICT NO, 2-1969 .
. The City Council of the City of Carlsbad does hereby resolve
as follows:
WHEREAS, the City of Carlsbad has, pursuant to a petition,
initiated the construction of certain sewer improvements in the
proposed "Highland Drive Sewer District,'' under the provisions of
the 1911 Improvement Act, contained in Division 7 of the Streets
and Highways Code, designated Assessment District No. 2-1969; and
WHEREAS, it is necessary and desirable to have an Assessment
Engineer to perform certain functions of said assessment pro-
ceedings; and
WHEREAS, Judson T. Naiman, an individual, is qualified to
be an Assessment Engineer;
NOW, THEREFORE, BE IT RESOLVED by 'the City Council of the
City of Car1sba.d that the Mayor is hereby authorized and directed
to execute on behalf .of the City an agreement between the City of
Carlsbad and Judson T. Naiman to perform the services called for
in said agreement, a copy of which is attached hereto and made a
part hereof by this reference.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed
to provide Judson T, Naiman with an executed copy of said agreement
PASSED AND ADOPTED by the City Council of the City of
Carlsbad at a regular meeting thereof held this 15th day of
February , 1972, by the following roll call vote:
AYES: Cmn. Duntie, McComas, Jardine, Castro and Lewis.
NOES : None.
ABSENT: None,
DAVID M, DUNNE. Mayor
ATTEST :
MARGARET E. ADAMS, City Clerk
AGREEMENT
ASSESSMENT DISTRICT NO. 2-1969
THIS AGREERENT, mads and entered into this day of
1972, by and between the CITY OF CARLSBAD, a
municipal corporat ion, hereinafter somet imes referred to ao'Vityrt, and
JUDSON T. NAIMAN, an individual, with offices at 2173 Tohalan Street,
San Diego, California, hereinafter sometimcrs referred to as fiAssessment
Eng ineern.
WITWESSETH :
WIEREAS, the City contemplates the construction of certain
improvements, consisting of the construction of a sanitary sewer sy8tem
and related appurtenances, in the area of Htghland Drive, between Elm
Avenue and Tanarach Avenue, in the City of Cartsbad, California, under
and pursuant to the Improvement Act of 1911, to be described a8 Asses8ment
District No. 2-1969, in said City of Carlsbad; and
YHERGAS, it is desirable that said City of Carlsbad employ said
JUDSON T. NAIMAN a8 Assessment Engineer for the spread of the assessment,
to furnish the services hereinafter mentioned at and for the compensation
hereinafter stipulated, under and pureuant to said Improvement Act of 1911;
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS:
I. The City hereby emptOy8 said Assessment Engineer and appoint8
him to furniah the services hereinafter mentioned at and for the compen-
sation herein stipulated, and said Asoessment Engineer accepts said
employment and appointment upon the terms herein stated. Said ASseSSment
Engineer further agrees that at all times he will keep the City Engineer
and the City Council of said City fully advised concerning the progres8
ef the work and of the service8 hereinafter mentioned.
2. The Assessment Engineer agrees to furnish the City the fellowing
worh and services:
(a) To u88 such plan8 and specification8 and proposed map of
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assattsment district a8 shall be delivered to him by the City of Carlsbad
(which plans and specifications shall have been prepared by the City of
Carlsbad), together with any estimates so prepared.
(b) Preparation and submttal of an estimated assessment for
each parcel identified toith corresponding ~soessment number8 on said
proposed map of assearsment diatrtct.
(c) The preparation and furnishing of the necessary set8 of
final assessment rolls. This shall include the preparation and spreading
of the as~e8sm@nt, but shall not include the printing or issuance of the
bonds, nor any stationary appurtenant thereto.
(d) Attendance at such conferences and City Council meetings
as may be necessary to furnish assistance and advice on any feature of
the propooed improvement.
UPON completion of the work, the City Engineer will prepare and
furnish to the Assessment Engineer a complete itemized list of the
exact amount of work completed by the contractor, together with the
accurate cost of same, and a certification that all of the work has been
done in accordance with the plana and specifications and to the satis-
faction of the Engineer. The Engineer will also prepare and furnish a
itemized list of all the incidental expensear and a reproducible of the
diagram of the assessment district.
3. The City agrees to make payment to the Assessment Engineer for
the above described services at the following times, and in the following
amount 8 :
(a) FEE SCHEDULE:
CONSTRUCTION COST
825,000 - #50,000
850,000 - #75,000
$75,000 ~$100,000
(b) Payment sha l 1
FEE
8 625 + 3.5% of amount ever 825,000
$1,500 + 3.0% of amount over #50,000
$2,250 + 2.5% of amount over $75,000
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be made to the Asseesment Engineer as fOltOW8:
Seventy percent (70%) of the estimated amount to be paid the ASSe8Sment
Engineer under this agreement upon completion of the hearing on the
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Resotution of Intention and determination by the City to proceed, and
final payment of the balance due under this agreement shalt be made
when an assessment roll is presented and accepted by the City Council.
(c) It is agreed, however, that in the event that the proposed
project is abandoned at the hearing on the Resolution of IntentSon, the
Assessment Engineer shall be paid for services rendered to the date of
abandonment, a sum equal to eighty five percent (85%) of the estimated
amount of total fee.
IN WITNESS WHEREOF, thi8 Agreeneni has been executed on behalf of
the City by its officers thereunto duly authorized, and executed by the
Assessment Engineer as of the day and year first above written,
C,ITY OF CARLSBAD, A Municipal
Corporation
By: DAVID M. DUNNE, Mayor
ATTEST:
HARGARET E, ADAIYS, City Clerk
JUDSON T. NAIRAN, an Individual