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HomeMy WebLinkAbout1985-03-19; City Council; 8089-1; Supplemental Agreements for Engineer ServicesCIT. OF CARLSBAD - AGEND 3ILL AR4 ad£'^—&:/ MTO 03/19/85 OEPT ENG 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 OLU §cz. Q. Q. O g ^O Ou 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 1 2 3 CONSULTING ASSESSMENT ENGINEERING SERVICES. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 CONSULTING ASSESSMENT ENGINEERING SERVICES. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 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)