HomeMy WebLinkAbout1985-03-19; City Council; 8089-1; Supplemental Agreements for Engineer ServicesCIT. OF CARLSBAD - AGEND 3ILL
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MTO 03/19/85
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TITLE:
RECOMMENDED ACTION:
Adopt Resolution No.
SUPPLEMENTAL AGREEMENTS FOR
ASSESSMENT ENGINEERING SERVICES
DEPT. HD JX
CITY ATTY^yfi-i
CITY MfSR 2&~'
/7J,/ approving the 1st Supplemental Agreement
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with Neste, Brudin & Stone, Inc.
authorizing the Mayor to execute the agreement.
for assessment engineering services and
Adopt Resolution No.approving the 2nd Supplemental Agreement
with Neste, Brudin & Stone, Inc. for assessment engineering services and
authorizing the Mayor to execute the agreement.
ITEM EXPLANATION
Council previously approved an agreement with Neste, Brudin & Stone, Inc. for
assessment engineering services. That agreement did not authorize work on any
specific project nor did it contain a detailed scope of work. This will be
done by supplemental agreements. Two supplemental agreements have been
prepared for the two assessment districts that the City Council authorized on
November 27, 1984. The first one is for College Boulevard from Palomar
Airport Road to El Camino Real. This project is expected to reach Council in
late June for a public hearing and award of the construction contract. The
second supplement is for Cannon Road from Interstate 5 to the east City limits
and College Boulevard from El Camino Real to Cannon Road. This project is
expected to have a public hearing for the debt limit report in early June.
FISCAL IMPACT
The first supplemental agreement provides for a fixed fee to Neste, Brudin &
Stone, Inc. of $45,000.00. Developers have deposited $70,000.00 to cover this
fee, staff costs and the assessment attorney's fee.
The second supplemental agreement provides for a fixed fee of $65,000.00.
Developers have deposited $80,000.00 to cover this fee, staff time and the
assessment attorney's fee up to the debt limit hearing. An additional deposit
will be required if the district proceeds beyond that point.
If the assessment districts are successful, the developer deposits will be
reimbursed from the sale of bonds.
EXHIBITS
1. 1st Supplemental Agreement to Agreement for Assessment Engineering
Services.
2. 2nd Supplemental Agreement to Agreement for Assessment Engineering
Services.
,j • _
approving the 1st Supplemental Agreement with
approving the 2nd Supplemental Agreement with
3. Resolution No.
Neste, Brudin $ Stone, Inc.
4. Resolution No. _________
Neste, Brudin & Stone, Inc.
1ST SUPPLEMENTAL AGREEMENT TO AGREEMENT FOR
ASSESSMENT ENGINEERING SERVICES
DATED (MASTER AGREEMENT)
THIS 1ST SUPPLEMENTAL AGREEMENT to the above described agreement as approved by
the City Council of the City of Carlsbad on , 198 ,
hereinafter referred to as "Master Agreement", is made and entered into as of
the day of , 198 , by and between CITY OF CARLSBAD, a
municipal corporation, hereinafter referred to as "City" and NESTE, BRUDIN &
STONE INCORPORATED, hereinafter referred to as "Consultant".
RECITALS
City requires the services of an assessment engineering consultant to assist in
processing an assessment district referred to as the College Boulevard
Assessment District; and
The City Council on November 27, 1984 directed the City staff to prepare
documents for the establishment of the College Boulevard Assessment District,
conditioned upon the receipt of a deposit by developers in the amount of
$70,000, and upon receipt of agreement from Koll Company, to participate in
future Palomar Airport Road Assessment District;
NOW, THEREFORE, City and Consultant mutually agree to supplement the above
referenced agreement as follows:
EXHIBIT 1
- 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 College Boulevard
Assessment District for City.
Consultant shall perform all work necessary to assist the City Engineer in
processing the College Boulevard 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 Investigation Report required by The Special
Assessment Investigation, Limitation and Majority 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 parcels within
Assessment District including assessment number and the assessor's
parcel number, legal description, mailing address of owner, value
of land and improvements, and amount of assessment.
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 mailing general information
material to all property owners in accordance with the legal time schedule.
- 2 -
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 alternative criteria or
methods of assessment for the individual parcels of land. Hold meetings with
the City staff, affected land owners, bond counsel, and financial consultant on
a periodic basis for review and testing of assessment criteria.
f. Bond Sale Information - Provide information necessary for the bond
counsel or financial consultant, including but not limited to: information for
bond opinion; information to be included in an official statement to be issued
by the City to bond purchasers, including all information contained in the
Engineer's Report; and general information and data regarding the Assessment
District.
g. Informal Meetings - Attend all informl meetings or hearings held for the
purpose of disseminating information to the public. Prior to such meetings or
hearings, prepare and assemble information for purposes of making a complete and
factual presentation. Prepare sufficient copies of written information for
public distribution.
h. Formal Hearings - Attend all hearings held under said Act, fully
prepared to present all necessary testimony and to respond to all public
comments. Prior to the hearing, prepare a booklet for each member of the City
Council and each staff member consisting of a proposed agenda, Engineer's
Report, summary of construction bids, tabulation of final assessment on each
parcel of land, alphabetical list of ownership, and general information. Prior
to conclusion of the hearing, tabulate all protests and file a written summary
thereof with the City Clerk.
- 3 -
i. Filing Assessment Documents - After the final hearing for the formation
of the Assessment District, file the assessment diagram, roll and notice of
assessment with the appropriate public officials, such as the City Clerk,
Superintendent 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 prepartion of a Treasurer's Report of
unpaid assessments.
2. ADDITIONAL SERVICES
When authorized in writing by the City Engineer, Consultant shall perform or
obtain from consultants or subcontractors approved by City, additional services
in connection with the Project not otherwise provided for in this Agreement.
Said additional services shall be paid for by City as provided in Section 5 of
the Master Agreement.
3. PERIOD OF SERVICE
Work shall begin within ten (10) calendar days after receipt of notification
to proceed by the City Engineer. Work shall proceed in a diligent manner to
conclusion according to a schedule approved by the City Engineer. Extensions of
time may be granted by the City Engineer in accordance with Section 3 of the
Master Agreement.
The date of the public hearing before the City Council is tentatively set
for June 18, 1985.
- 4 -
4. FEES TO BE PAID TO CONSULTANT
City shall pay Consultant for services described under Section t of this
Supplemental Agreement, a lump sum fee of Forty-Five Thousand Dollars
($45,000).
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.
IN WITNESS WHEREOF, this Supplement to Agreement dated , 198 ,
has been executed by the parties through their duly authorized representatives
as of the date first hereinabove written.
NESTE, BRUDIN & STONE, INCORPORATED CITY OF CARLSBAD:
By
Mayor
Title
APPROVED AS TO FORM: ATTESTED:
Assistant City Attorney City Clerk
— 5 —
2ND SUPPLEMENTAL AGREEMENT TO AGREEMENT FOR
ASSESSMENT ENGINEERING SERVICES
DATED (MASTER AGREEMENT)
THIS 2ND SUPPLEMENTAL AGREEMENT to the above described agreement as approved by
the City Council of the City of Carlsbad on , 198 ,
hereinafter referred to as "Master Agreement", is made and entered into as of
the day of , 198 , by and between CITY OF CARLSBAD, a
municipal corporation, hereinafter referred to as "City" and NESTE, BRUDIN &
STONE INCORPORATED, hereinafter referred to as "Consultant".
RECITALS
City requires the services of an assessment engineering consultant to assist in
processing an assessment district referred to as the Cannon/College Assessment
District; and
The City Council on November 27, 1984 directed the City staff to prepare
documents for the establishment of the Cannon/College Assessment District,
conditioned upon the receipt of a deposit by developers in the amount of
$80,000, and upon receipt of a petition to join the assessment district from the
owners of the Kelly Ranch;
NOW, THEREFORE, City and Consultant mutually agree to supplement the above
referenced agreement as follows:
EXHIBIT 2
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 Special Assessment
Investigation, Limitation and Majority Protest Act of 1931. In addition,
Consultant shall be responsible for providing public information with regard to
the Cannon/College Assessment District for City.
Consultant shall perform all work necessary to assist the City Engineer in
processing the Cannon/College 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 Speical Assessment Investigation,
Limitation and Majority Protest Act of 1931.
b. Investigation Report - Prepare the Investigation Report required by said
Act.
c. Property Listings - Prepare and keep current the following lists for all
properties:
A mailing list of the record owners of all parcels within
Assessment District including assessment number and the assessor's
parcel number, legal description, mailing address of owner, value
of land and improvements, and amount of assessment.
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 mailing general information
material to all property owners in accordance with the legal time schedule.
- 2 -
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 alternative criteria or
methods of assessment for the individual parcels of land. Hold meetings with
the City staff, affected land owners, bond counsel, and financial consultant on
a periodic basis for review and testing of assessment criteria.
f. Informal Meetings - Attend all informl meetings or hearings held for the
purpose of disseminating information to the public. Prior to such meetings or
hearings, prepare and assemble information for purposes of making a complete and
factual presentation. Prepare sufficient copies of written information for
public distribution.
g. Formal Hearings - Attend all hearings held under said Act, fully
prepared to present all necessary testimony and to respond to all public
comments. Prior to the hearing, prepare a booklet for each member of the City
Council and each staff member consisting of a proposed agenda, Investigation
Report, tabulation of estimated assessment on each parcel of land, alphabetical
list of ownership, and general information. Prior to conclusion of the hearing,
tabulate all protests and file a written summary thereof with the City Clerk.
2. ADDITIONAL SERVICES
When authorized in writing by the City Engineer, Consultant shall perform or
obtain from consultants or subcontractors approved by City, additional services
in connection with the Project not otherwise provided for in this Agreement.
Said additional services shall be paid for by City as provided in Section 5 of
the Master Agreement.
- 3 -
3. PERIOD OF SERVICE
Work shall begin within ten (10) calendar days after receipt of notification
to proceed by the City Engineer. Work shall proceed in a diligent manner to
conclusion according to a schedule approved by the City Engineer. Extensions of
time may be granted by the City Engineer in accordance with Section 3 of the
Master Agreement.
The date of the public hearing before the City Council is tentatively set
for June 4, 1985.
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 Sixty-Five Thousand Dollars
($65,000).
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.
IN WITNESS WHEREOF, this Supplement to Agreement dated _ , 198 ,
has been executed by the parties through their duly authorized representatives
as of the date first hereinabove written.
NESTE, BRUDIN & STONE, INCORPORATED CITY OF CARLSBAD:
By.
Mayor
Title
APPROVED AS TO FORM: ATTESTED:
Assistant City Attorney City Clerk
- 4 -
RESOLUTION NO. 7931
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CONSULTING ASSESSMENT ENGINEERING SERVICES.
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE FIRST SUPPLEMENTAL
AGREEMENT TO AN AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND THE FIRM OF NESTE, BRUDIN & STONE, INC. FOR
The City Council of the City of Carlsbad, California does hereby
resolve as follows:
1. The first supplemental agreement to an agreement between the City
of Carlsbad and the firm of Neste, Brudin & Stone, Inc. 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 $70,000.00 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 19th day of March , 1985 by the following
vote, to wit:
AYES: Council Members Casler, Kulchin, Chick and Pettine
NOES: None
ABSENT: Council Mentoer Lewis (J' • / /)
.TTrcT MARY H. D/SLER, MayorAI I to I *
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
RESOLUTION NO. 7932
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CONSULTING ASSESSMENT ENGINEERING SERVICES.
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE SECOND SUPPLEMENTAL
AGREEMENT TO AN AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND THE FIRM OF NESTE, BRUDIN & STONE, INC. FOR
The City Council of the City of Carlsbad, California does hereby
resolve as follows:
1. The second supplemental agreement to an agreement between the
City of Carlsbad and the firm of Neste, Brudin & Stone, Inc. 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 $80,000.00 have been received _from
developers and are hereby appropriated for this project in account number 330-
820-1840-3184.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad
City Council held on the 19th day of March , 1985 by the following
vote, to wit:
AYES: Council Members Casler, Kulchin, Chick and Pettine
NOES: None
ABSENT: Council Menber Lewis ^-^f )( $
ATTEST:MARY H. KASLER, Mayor
A
23 ALETHA L. RAUTENKRANZ, City Clerk/
(SEAL)