Loading...
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: -1- 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, -2- 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 — 3— 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. -5- 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, -6- 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. -7- 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. - 1 - 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 - 3 - 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 - 4 - 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