HomeMy WebLinkAbout1977-12-20; City Council; 5283; Open Space Maintenance District&Assessment EngCITY OF CARLSBAD
AGENDA BILL NO. ..<-*? £>^3 _ Initial
Dept.Hd.
DATE- DECEMBER 20, 1977• - C. Atty.
DEPARTMENT: _ City Manager _ c. Mgr>~""
subject: 0pEN SPACE MAINTENANCE DISTRICT
ASSESSMENT ENGINEERING SERVICES
Statement of the Matter
At its October 25, 1977 meeting, the City Council instructed staff to
proceed with the retention of an engineering consultant to perform
assessment engineering services for the creation of an open space
maintenance district in La Costa. On November 1, 1977, a Request for
Proposal was mailed to a list of engineering consultants.
Two consultants submitted proposals to the City. The firm of Bement-
Dainwood- Sturgeon proposed doing the work for a not-to-exceed price of
$7,000.00 and the firm of Urban Engineering proposed doing the work
for $3,950.00.
The cost of creating the district will be borne by the property owners
within the district if a district is created. If a district is not
created, the City will bear the cost of the consultant's services.
Exhibits:
Exhibit 1 — Request for Proposal, dated November 1, 1977.
Exhibit 2 — Agreement for Services' with Urban Engineering.
Recommendation;
That the firm of Urban Engineering be engaged to perform the
services called for in Exhibit 2 and that the Mayor be authorized
to sign the agreement on behalf of the City.
Council -action
12-20-77 The firm of Urban Engineering was engaged to perform the services
called for in Exhibit 2 and the Mayor was authorized to sign
the agreement.
AGREEMENT
This Agreement is made the 20th day of December , 1977,
between the City of Carlsbad, California, a municipal corporation
of the State of California, hereinafter referred to as "City",
and Urban Engineering, 19720 Camino De Rosa, Walnut, California,
hereinafter referred to as "Consultant."
RECITALS
WHEREAS, the City desires to create an open space maintenance
district; and
WHEREAS, due to the fact that special skills and expertise
are required for the creation of such a district, the City Council
has decided to hire a professional engineering consultant to
provide such skills and expertise; and
*WHEREAS, proposals were requested from engineering consultants,
received, and reviewed by the City; and
WHEREAS, the Consultant has the necessary qualifications
to provide the requested services;
NOW, THEREFORE, in consideration of their mutual covenants
and conditions, the parties hereto agree as follows:
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1. DUTIES OF THE CONSULTANT
The Consultant agrees to provide the services listed in
the attached Request for Proposal dated November 1, 1977
(Exhibit 1) and Letter Proposal from Urban Engineering
dated November 15, 1977 (Exhibit 2).
2. DUTIES OF THE CITY
(a) The City will make payment to the Consultant
as provided in this agreement.
(b) The City will make available to the Consultant any
records, studies, or other information in the
City's possession related to the proposed project.
(c) The City will designate to Consultant in writing
the representative authorized to act for it under
this agreement.
(d) The City will assist Consultant in arranging
meetings necessary to conduct the services herein.
(e) The City will examine documents submitted by the
Consultant, render decisions, and advise Consultant
as promptly as possible to avoid unreasonable
delay in the progress of Consultant's work.
3. TERMINATION OF AGREEMENT
The City may terminate this agreement at any time by
giving written notice to the Consultant of such
termination and specifying the effective date thereof,
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at least fifteen days before the effective date of such
termination. In that event, all finished or unfinished
documents and other materials prepared pursuant to this
agreement shall, at the option of the City, become its
property.
4. RELEASE OF INFORMATION BY CONSULTANT
Any reports, information or other data, prepared or
assembled by the Consultant under this agreement shall
not be made available to any individual or organization
by the Consultant without the prior written approval of
the City.
5. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF REPORTS
AND OTHER MATERIAL
All documents and materials prepared pursuant to- this
agreement are the property of the City. The City shall
have the unrestricted authority to publish, disclose,
distribute and otherwise use, in whole or in part, any
reports, data, or other materials prepared under this
agreement.
6. PAYMENT
The Consultant will be paid a maximum of $3,950.00 for
the basic work necessary to carry out the requirements
of this agreement. If it is necessary for the Consultant
to attend property owner meetings, the City shall compensate
the Consultant at the rate of $45.00 per hour plus $80.00
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per appearance for preparation and attendance at such
meeting when required by the City. The City shall pay
the Consultant $2,000.00 upon filing of the engineer's
report with the City and payment of $1,950.00 upon the
City Council's decision to create or not create a
maintenance district. Payment shall be made within
fifteen (15) days of receipt by the City of the
Consultant's invoice.
7. TIME OF COMPLETION
Consultant shall agree to schedule completion of the
services provided in this agreement within one-hundred
twenty (120) days following execution of this agreement.
8. LIMITS OF OBLIGATION
The limits of the obligation of the City under this
agreement is in the sum of $3,950.00, except as provided
above, which amount is estimated to be sufficient to
compensate the Consultant for all services performed
hereunder during the terms of this agreement. In the
event at any time it appears to the Consultant that said
sum may not be sufficient, he shall immediately so
notify the City Manager. He will not perform any work or
incur any obligation beyond said sum of $3,950.00, except
as provided above, without appropriate amendment to
this agreement.
9. HOLD HARMLESS
The Consultant will indemnify the City against and
hold it harmless from all and any cost, expense, or
liability for damages on account of injury or death
to persons or damage to property resulting from or
arising out of or in any way connected with the
performance by Consultant of this agreement, including
the defense of any action arising therefrom. Consultant
will reimburse the City for all costs, expenses and
losses incurred by it in consequent of any claims,
demands and causes of action which may be brought
against it by a person arising out of the performance
by Consultant of this agreement.
10. INDEPENDENT CONTRACTOR
Consultant in accordance with his status as an
independent contractor, covenants and agrees that
he will conduct himself consistent with such status,
that he will neither hold himself out as nor claim
to be an officer or employee of the City by reason
hereof, and that he will not by reason hereof, make
any claim, demand, or application to or for any right
or privilege applicable to any officer or employee of
the City including, but not limited to, worker's
compensation coverage, unemployment insurance benefits,
social security coverage, or retirement membership credit.
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11. ASSIGNMENT OF CONTRACT
Consultant shall not assign this contract or any part
thereof or any monies due or to become due thereunder
without the prior written consent of the City.
12. SUBCONTRACTING
The Consultant shall not subcontract any of the work
to be performed under this contract by Consultant,
without prior written approval from the City Manager.
If any subcontracting is approved, the Consultant shall
be fully responsible to the City for the acts and
omissions of its subcontractor and of the persons either
directly or indirectly employed by its subcontractor,
as it is for the acts and omissions of persons directly
employed by it. Nothing contained in this contract
shall create any contractual relationship between any
subcontractor of Consultant and the City. The Consultant
shall bind every subcontractor of a subcontractor by the
terms of this contract applicable to its work unless
specifically noted to the contrary in the subcontract
in question approved in writing by the City.
13. PROHIBITED INTEREST
No official of the City who is authorized in such
capacity and on behalf of the City to negotiate, make,
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accept or approve, or to take part in negotiating,
making, accepting or approving any architectural,
engineering, inspection, construction, or material
supply contract or any subcontract in connection with
the construction of the project, shall become directly
or indirectly interested personally in this contract or
in any part thereof. No officer, employee, architect,
attorney, engineer or inspector of or for the City who
is authorized in such capacity and on behalf of the City
to exercise any executive, supervisory or other similar
functions in connection with the performance of this
contract shall become directly or indirectly interested
personally in this contract or any part thereof.
14. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer,
agent or employee of the City, either before, during
or after the executing of this contract, shall affect
or modify any of the terms or obligations herein
contained, nor such verbal agreement or conversation
entitle the Consultant to any additional payment
whatsoever under the terms of this contract.
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IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first above written.
APPROVED AS TO FORM:
CITY OF CARLSBAD,
A Municipal Corporation
of the State of California
By
ROBERT C. FRAZEE,4Mayor
URBAN ENGINEERING
By
VINCENT F. BIONDO, Ctfty Attorney CONSULTANT
(Exhibit 1 to the Agreement Between the City and Urban Engineering)
1200 ELM AVENUE H jS^. O TELEPHONE:
CARLSBAD. CALIFORNIA 92008 ®&$ldH (714)729-1181
Office of the City Manager
Citp of Cartebafc
REQUEST FOR PROPOSAL:
FOR ENGINEERING SERVICES
TO CREATE AN ASSESSMENT DISTRICT
PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972
FOR THE PURPOSE OF"
OPEN SPACE MAINTENANCE
CITY OF CARLSBAD
NOVEMBER 1, 1977
BACKGROUND
The City of Carlsbad intends to create an assessment
district pursuant to the Landscaping and Lighting Act of 19.72
for the purpose of open space maintenance in the .La Costa area
of Carlsbad.
Approximately eighteen (18) acres will be maintained by
the.district. The ultimate shape and area of the district
will depend upon an analysis of the benefit occurring to
property from the maintenance of the designated open space
areas.
SCOPE OF THE WORK
The City of Carlsbad is seeking an experienced assessment
district engineering consultant to perform the following tasks
as well as any other tasks necessary for the establishment of
an assessment district pursuant to Landscaping and Lighting Act
of 1972 (Streets and Highways Code, Section 22500 et seq):
1. Preparation of all required reports, diagrams, maps and
other documents necessary for the formation of a district
and the levying of the first assessment.
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2. Develop an assessment apportionment formula or method
which fairly distributes net costs among all assessable
property in proportion to benefit.
3. Provide drafts of all required resolutions, notices, or
other documents which are to be adopted or promulgated
by the City for the formation of the district and the
. levying of the first assessment.
4. Make presentations before the City Council and neighbor-
hood groups and attend all public hearings required for
the formation of the district.
_ o
THE PROPOSAL
The consultant should indicate how the work program
will be organized to accomplish the major tasks outlined
above. The consultant should indicate in the work program
the time required to accomplish each step in the formation
of a district and indicate the overall time frame proposed
to complete the project.
The following information should be submitted with
your proposal:
1. A narrative statement clearly explaining how the
above work will be organized and conducted.
2. A reasonably detailed schedule showing target dates
for completing various work items.
3. The fee and a proposed schedule of payments for the
work outlined above.
4. A list of clients in California for whom the consultant
*
has provided similar services.
5. A brief biographical resume for each person to whom
major responsibility will be assigned.
The proposals submitted in response to this request
will be evaluated by a City staff committee. Following
evaluation of the proposals by City staff, firms may be
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requested to make a verbal presentation to a City screening
committee. Selection will be made by the screening committee
subject to approval by the City Council.
Consultant proposals will bfe evaluated on the basis
of the"qualification of the consultant, the manner in which
the work will be organized and conducted, experience in
making benefit determination and spreading assessments,
and the fee for the services provided. The City of Carlsbad
reserves the right to reject all proposals if none meet
the qualifications sought by the evaluation committee.
Please direct any questions regarding this Request
for Proposal to: FRANK N. MANNEH — (1-714) - 729-1181,
Extension 59.
m
The deadline for receipt of proposals is 5:00 p.m.,
•Friday, November 18, 1977. Two (2) copies of the proposal
should be submitted to:
PAUL D. BUSSEY
City Manager
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
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NOVEMBER 1,'1977 — REQUEST FOR PROPOSAL MAILED TO THE FOLLOWING
ENGINEERING CONSULTANTS:
Lawrence . Thompson, Incorporated
1141 Highland Avenue
Manhattan Beach, CA
Phone: (213) 545-2055
Frank W. Salfingere
Urban Engineering, Incorporated
1140 West Center Drive - Suite "W"
Walnut, CA 91789
Phone: (714) 595-2279
Judson Naiman
2173 Tokalon
San Diego, CA
Phone: (714) 276-2004
Bemont, Dainwood & Sturgeon
6150 Mission Gorge Road
San Diego, CA
Phone: (714) 280-4842
(Exhibit 2 to the Agreement Between the City and Urban Engineering)
URBAN ENGINEERING
1972O CAMINO DE ROSA • WALNUT, CALIFORNIA 91789
(714) 595-2279
FRANK W. SALFINGERE, JR.
CIVIL ENGINEER
DWIGHT F. FRENCH
CIVIL ENGINEER
WILLIAM R. VESSEY
REGISTERED
CONSTRUCTION INSPECTOR
Mr. Paul D. Bussey
City Manager
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
November 15, 1977
Dear Mr. Bussey:
Thank you for this opportunity to submit our proposal
to provide professional engineering services to the City of
Carlsbad for the creation of an assessment district pursuant
to the Landscaping and Lighting Act of 1972 for the purpose
of open space maintenance.
WORK PROGRAM
The following is our proposed method of organizing and
conducting the work to accomplish your objective.
Information Gathering
Initially we would supplement the information previously
furnished by Mr. Mannen. This information would include a
precise definition of the maintained area, identification of
potential areas of benefit, and the annual program cost. Also,
we would want to know of any City preferences, previous pol-
icies and decisions or areas of concern which may relate to
this project.
Analysis and Synthesis Process
Next we would identify the appropriate area of benefit
and the assessment criteria. We would also develop a prelim-
inary assessment spread. At this point it would be appropriate
to have a progress meeting with the appropriate representative
of your staff to review our work to date.
Mr. Paul D. Bussey
City Manager
November 15, 1977
Page 2
Preparation of Engineer's Report, Draft Resolutions, Sample
Notices, etc.
The next step would be preparation of the engineer's
report, the assessment diagram, the assessment formula, the
assessment spread, and the related resolutions and notices.
We would furnish fifteen copies of the report unless a dif-
ferent quantity is desired.
Presentation
The presentation format should reflect your preferences
and fit the City's normal style of review to the maximum
extent possible. We offer the following approach only as a
suggestion. Following staff review of the Engineer's Report,
we suggest the City Council be briefed on the program. If
your Council's work .sessions include such topics, that might
be a suitable time.
One or more briefings of affected property owners may
be appropriate to inform these people of the proposal and to
help them understand the program.
Finally, of course, the formal presentation of the re-
port and the statuatory public hearing process before the
City Council would be in order.
Adoption and Follow Up
We would assist the City in its filing of the initial
assessments, and we would assist the City Engineer, Finance
Director and Clerk in executing their functions relating to
the project if desired.
TIME OF PERFORMANCE
We are prepared to start work upon authorization and to
meet the City's time schedule. It is essential to recognize
the external constraint that the City Council action confirm-
ing the assessments must occur before July 1, 1978 and that
the first public hearing must be held not later than the first
Council meeting in June of 1978 in order to qualify a 1978-79
Fiscal Year program. We offer the following time table for
your consideration:
Mr. Paul D. Bussey
City Manager
November 15, 1977
Page 3
A. Information gathering - two weeks.
B. Analysis and synthesis process - two weeks.
C. Preparation of engineer's report - four weeks.
D. Presentation - four weeks.
E. Adoption and follow up - one week.
FEES
Our fee for the above services as qualified below would
be the lump sum amount of $3,950. This lump sum fee would
include preparation of the engineer's report and the related
preparatory work, attendance at all Council meetings as deem-
ed necessary during their consideration of this topic, and
participation in two staff coordination meetings.
We suggest separate compensation for preparation for and
attendance at property owner meetings, if any. Our fee would
be $45 per hour plus/per appearance in the city for such
meetings. $80.00
We would ask for a progress payment in the amount of
$2,000 upon filing of the engineer's report with the City and
payment of the balance upon Council action on the proposed
project or their conclusion not to take action, if applicable.
Further, we are making the commitment that our fee for
preparing the second year report for this project would be
$900 if the City decides to utilize Urban Engineering for
this service.
LIST OF CLIENTS
Urban Engineering has performed the assessment engineering
role in implementing many new districts and in renewing annual
programs under the Landscaping and Lighting Act of 1972. To
date our activity has included the following:
CITY OF DUARTE
(Mr. Kenneth Caresio, City Manager): Creation and first
year implementation of three landscape maintenance districts.
Mr. Paul D. Bussey
City Manager
November 15, 1977
Page 4
CITY OF SAN DIMAS
(Mr. Robert Poff, City Manager and Mr. Frank Basile,
Director of Public Works): Creation and implementation of
two landscape maintenance districts.
CITY OF WALNUT
(Mr. Vernon Lawson, City Manager): The creation of
eight maintenance districts of which three are in their
second annual maintenance program year. The other five
districts are presently under development or in an interim
maintenance stage.
In addition to the above, we have furnished courtesy
consultation regarding maintenance districts to the cities
of Rancho Palos Verdes (Mr. Tom Bradley, Director of Com-
munity Services) and Claremont (Mr. Paul E. Cook, Director
of Community Development and City Engineer).
QUALIFICATIONS
Enclosed please find copies of a brochure describing
our firm and its capabilities. Both Frank W. Salfingere
and Dwight F. French would exercise major responsibilities
in the fulfillment of your project. Both are registered
civil engineers and have extensive experience as "City
Engineer" and "director of public works" in several Cali-
fornia cities, all as described in the brochure. Currently,
Mr. French serves as City Engineer and Redevelopment Agency
Engineer for the City of Duarte and Mr. Salfingere serves
•as City Engineer for the City of Walnut. Additionally,
both Mr. French and Mr. Salfingere have extensive experience
in assessment district proceedings in general and in appli-
cation of the Landscaping and Lighting Act of 1972 in par-
ticular.
We stand ready to respond to any questions you may have
and to make a presentation to the City Screening Committee
in connection with our desire to be of service to the City
of Carlsbad. Once again, thank you for the opportunity to
submit this proposal.
Very truly yours,
Frank W. Salfingere, Jr.
FWS: j'p