HomeMy WebLinkAbout1986-04-01; City Council; 8542-1; BATIQUITOS LAGOON EDUCATIONAL PARK ASSESSMENT DISTRICT NO. 86-6 CONSULTING SERVICES*[ - TITLE: BATIQUITOS LAGOON EDUCATIONAL PARK AB# 8.4-U
MTG. 04/01 /86 ASSESSMENT DISTRICT NO. 86-6
DEPT.ENG CONSULTING SERVICES
DEF
CITY
CIT’
a aJ
-d U
2
E c)
4 .d
FI c)
3 0 u
UI * co
h
a
cd FI
n e h -j. 03
h
n m * co
n N
-j. co
h
v1 n”
v1 2
a aJ u
0
cdm
k
us
\o
a
a.
h 44- .d co
00
co I 4 I *
2
a
0 g
g
8
z 3
”/ T I CI-OF CARLSBAD - AGEN-BILL CJ
RECOMMENDED ACTION:
By motion, adopt Resolution No. 8v72 approving an agreemer
Assessment District Processing Coordination and authorizing the Ma!
execute same.
By motion, adopt Resolution No. rY7-3 - approving a 5th suppler
agreement to the Master Agreement dated March 13, 1985 (attache(
Assessment District Engineering and authorizing the Mayor to execute Si
By motion, adopt Resolution No. By 7‘f approving an agreemei
Assessment District Legal Council and authorizing the Mayor to e:
By motion, adopt Resolution No. pq7-r’ approving an agreemei
same.
same.
Financial Advisor Consulting Services and authorizing the Mayor to e:
By motion, adopt Resolution No. Zy7(4 approving a Reimbur:
Agreement and authorizing the Mayor to execute same.
ITEM EXPLANATION
The City Council, at their meeting on March 12, 1986, approved proci
with the formation of Assessment District No. 86-6 for construct
certain public improvements in the Batiquitos Lagoon Educational Pa
authorized the selection of a team of consultants to assist st
preparing documents and processing the assessment district with all
borne by the proponents of the district.
It is recommended that the following consultants be selected beca
their unique professional and technical expertise within a
discipline, prior municipal consulting experience and their ability t
the City’s requirements:
1. ASSESSMENT DISTRICT PROCESSING COORDINATION:
George T. Simpson for $95.00 per hour plus reimbursement for all o
pocket expenses outside of normal office expenses. Consultant fe
project management shall not exceed $20,000 without further w
authorization of the City.
2. ASSESSMENT DISTRICT ENGINEERING:
Neste, 8( Stone for a consultant lump sum fee of $62,000 f
formation of the assessment district. Miscellaneous services sha
exceed $20,000 without further written authorization by the City.
Brudin
T t 0 0 - Page 2 of Agenda Bill No. J54<- e/
3. ASSESSMENT DISTRICT LEGAL COUNCIL:
F. MacKenzie Brown for a fee of $100.00 per hour with a maxir
$5,000 should the assessment district fail. If the assessment dit
is not protested the fees will be 1% of the first $1 mill:
construction, 1/27,!, from $1 million to $7.5 million, 1/47; fro0
million to $15 million, and 1/87; on the balance thereof.
4. ASSESSMENT DISTRICT FINANCIAL SERVICES:
Deloitte, Haskins 8( Sells for a fee of $95.00 per hour for Fin;
Advisor Consulting Services.
FISCAL IMPACT
There will be no cost to the City for these services; proponent to dc
funds to cover all preliminary costs which will be absorbed t
assessment district.
EXHIBITS
1. Location Map.
2. Resolution No. se approving an agreement for Asse:
District Processing Coordination and authorizing the Mayor to e)
same.
3. Resolution No. F y 73 approving a 5th supplemental agreemt
the Master Agreement dated March 13, 1985 (attached) for Asse:
District Engineering and authorizing the Mayor to execute same.
4. Resolution No. sv74! approving an agreement for Asse:
District Legal Council and authorizing the Mayor to execute same.
5. Resolution No. approving an agreement for Fin:
Advisor Consulting SeE?czs and auThorizing the Mayor to execute si
6. Resolution No. pz76 ~ approving a Reimbursement Agreemer
r,
authorizing the Mayor to execute same.
T r 0 0
. .. .
VlClNKY MAF
N. 1.9.
I
1
2
3
4
5
6
7
a
9
10
11
l2
13
I*
15
l6
17
I 0 0
RESOLUTION NO. 8472
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AGREEMENT WITH GEORGE T. SIMPSON
FOR ASSESSMENT DISTRICT PROCESSING COORDINATION OF
EDUCATIONAL PARK AND AUTHORIZING THE MAYOR TO EXECUTE SAME.
ASSESSMENT DISTRICT NO. 86-6, BATIQUITOS LAGOON
WHEREAS, on March 12, 1986, the City Council of the City of
reviewed and agreed to the selection of a team of consultants to c
City staff in preparing documents and processing the district; and
WHEREAS,. in the event the proceedings are terminated or abandc
to or during the formation of the district, all incurred costs are tc
*by Sammis Properties; and
WHEREAS, each consultant, prior to the aforementioned met
screened, interviewed, and selected; and
WHEREAS, Geroge T. Simpson was selected as the most qualified (
by the Project Review Committee; and
NOW, THEREFOHE, BE IT RESOLVED by the City Council of tt
Carlsbad, California, as follows:
I 1. That the above recitations are true and correct.
18 ' 2. That the Consultant Agreement for Assessment District F i'
'*
21
22
23
24
25
26
27
28
1 is on file with the City Clerk and incorporated by this ref6
~ approved.
~ 3. That the Mayor is authorized to execute the consultant agret
///
///
///
///
1 ///
I /// I
7
1
2
3
4
5
6
7
8
9
LO
11
l2
l3
14
15
16
17
T 0 0
PASSED, APPROVED AND ADOPTED at a regular meeting
Carlsbad City Council held on the 1st day of April ,I
following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and P
NOES: None
ABSENT: None i/%"l dl. &;
MARY H. SLER, May[
AT TEST :
ALETHA L. RAUTENKRANZ, City Clerk
I
(SEAL)
1
20
21
22
23
24
I
I
I
27
28
I I ! !
1
I
1
‘3
1
2
3
4
5
6
7
a
9
10
I.3.
12
13
14
15
16
I?
18
19,/
20
21
22
23
24
25
26
27
28
I 0 0
RESOLUTION NO. 8473
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AGREEMENT WITH NESTE, BRUDIN &
STONE FOR ASSESSMENT DISTRICT ENGINEERING SERVICES OF
PARK AND AUTHORIZING THE MAYOR TO EXECUTE SAME.
ASSESSMENT DISTRICT NO. 86-6, BATIQUITOS LAGOON EDUCATIONAL
WHEREAS, on March 12, 1986, the City Council of the City of
reviewed and agreed to the selection of a team of consultants to z
City staff in preparing documents and processing the district; and
WHEREAS, - in the event the proceedings are terminated or abandc
to or during the formation of the district, all incurred costs are tc I- by Sammis Properties; and
WHEREAS, each consultant, prior to the aforementioned mec
~
screened, interviewed, and selected; and
WHEREAS, Neste, Brudin & Stone was selected as the most
I
consultant by the Project Review Committee;
NOW, THEREFORE, BE IT RESOLVED by the City Council of tl
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Consultant Agreement for Assessment District Engii
between
I 1 I with the City Clerk and incorporated by this reference, is approved.
That the Mayor is authorized to execute the consultant agrel
and the City of Carlsbad and Neste, Brudin & Stone, which
3.
///
///
///
i /// 1 /// 1 ///
1 ///
’1
1
2
3
4
5
6
7
€3
9
10
11
12
r 0 e
PASSED, APPROVED AND ADOPTED at a regular meeting
Carlsbad City Council held on the 1st day of April 71
following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and P
NOES: None
ABSENT: None
(-J-Ji” &
MARY H. ASLER, Mayc
ATTEST:
13
14
15
16
17
18
1
(SEAL)
i
i
20 ~
21
22
23
24
25
26
27
28
i I
r
s
1
2
3
4
5
6
7
8
9
I e e
RESOLUTION NO. 8474
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AGREEMENT WITH F. MACKENZIE BROWN
FOR ASSESSMENT DISTRICT LEGAL COUNSEL OF ASSESSMENT DISTRICT
THE MAYOR TO EXECUTE MAYOR TO EXECUTE SAME.
NO 86-6, BATIQUITOS LAGOON EDUCATIONAL PARK AND AUTHORIZING
WHEREAS, on March 12, 1986, the City Council of the City of
reviewed and agreed to the selection of a team of consultants to i
City staff in preparing documents and processing the district; and
WHEREAS, in the event the proceedings are terminated or abandc
1 to or during the formation of the district, all incurred costs are tc I
10
11
12
l3
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
by Sammis Properties; and
WHEREAS, each consultant, prior to the aforementioned met
screened, interviewed, and selected; and
WHEREAS, F. MacKenzie Brown, Inc. was selected as the most 1
consultant by the Project Review Committee;
NOW, THEREFORE, BE IT RESOLVED by the City Council of tl
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Consultant Agreement for Assessment District Leg
and between the City of Carlsbad and F. MacKenzie Brown, Inc., J
file with the City Clerk and incorporated by this reference, is appr
That the Mayor is authorized to execute the consultant agre
1 I by i 1 3.
///
///
///
///
///
j ///
///
I1
I
1
2
3
4
5
6
7
a
9
10
11
I.2
I a 0
PASSED, APPROVED AND ADOPTED at a regular meeting
Carlsbad City Council held on the 1st day of April , 19E
following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pet
NOES: None
ABSENT: None
9-- J&+/
MARY H. #dASLER, Mayor
ATTEST:
d. - ' A$T%AUTENXRANI, City Clerk
1%
15
16
17
(SEAL)
18
19
20
21
22
23
24
25
26
27
28
1 I I
I'
I
1
2
3
4
5
6
7
8
9
lo
II
12
l3
14
l5
16
I?
18
19
2o
21
22
23
24
25
26
27
28
0
RESOLUTION NO. 8475
e
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
WITH DELOITTE, HASKINS & SELLS FOR ASSESSMENT
DISTRICT FINANCIAL ADVISOR CONSULTING SERVICES
LAGOON EDUCATIONAL PARK AND AUTHORIZING THE
MAYOR TO EXECUTE SAME.
OF ASSESSMENT DISTRICT NO. 86-6, BATIQUITOS
WHEREAS, on March 12, 1986, the City Council of the City of
reviewed and agreed to the selection of a team of consultants to i
City staff in preparing documents and processing the district; and
WHEREAS, in the event the proceedings are terminated or abandc
to or during the formation of the district, all incurred costs are tc
by Sammis Properties; and
WHEREAS, each consultant, prior to the aforementioned met
screened, interviewed, and selected; and
WHEREAS, Deloitte, Haskins & Sells was selected as the most
consultant by the Project Review Committee;
NOW, THEREFORE, BE IT RESOLVED by the City Council of tt
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
I 2. That the Consultant Agreement for Assessment District 1 Advisor Consultant by and between the City of Carlsbad and Deloitte,
Sells, which is on file with the City Clerk and incorporati
reference, is approved.
3. That the Mayor is authorized to execute the consultant agrei
i /// ' ///
///
I ///
~ ///
~
1
9
10
I1
I.2
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MARY H. CASLER, Mayo I
ATTEST:
?
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
I
I '
I
b
1 c
I
i,
1
2
3
4
5
6
7
a
9
LO
11
12
13
14
15
16
I 0 0
RESOLUTION NO. 8476
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT FOR
LAGOON EDUCATIONAL PARK (SAMMIS) . IMPLEMENTATION OF ASSESSMENT DISTRICT NO. 86-6, BATIQUITOS
WHEREAS, on March 12, 1986, the City Council of the City of
reviewed and agreed to the selection of a team of consultants to a
City staff in preparing documents and processing the district; and
WHEREAS, in the event the proceedings are terminated or abando
to or during the formation of the district, all incurred costs are to
by Sammis Properties; and
WHEREAS, Sammis Properties has agreed to advance funds to pay
cost of consultants and City administrative costs for the implen
Assessment District No. 86-6; and
WHEREAS, the above referenced funds in the amount of $117,OE
$10,000 is included for City administrative costs have been re
addition to reimbursement agreement from Sammis and are hereby apF
for this project in account number 402-820-1840-3223. I-f7
18 NOW, THEREFORE, BE IT RESOLVED by the City Council of tt ~ I
1'
21
22
23
24
25
26
27
28
2. That the Agreement for Assessment District Reimbursemer
i Sammis Properties and the City of Carlsbad, which is on file wit1
~ Clerk and incorporated by this reference, is approved.
I
3. That the Mayor is authorized to execute the consultant agref
///
///
///
I /// I i
b , h
1
2
3
4
5
6
7
8
9
10
11
12
13
l4
15
16
17
l8
19
20
21
22
23
24
25
26
27
28
I 0 0
PASSED, APPROVED AND ADOPTED at a regular meeting
Carlsbad City Council held on the 1st day of April ? 19
following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Per
NOES : None
ABSENT: None %d&
MARY H. SLER, Mayor
ATTEST :
ALETHA L. RAUTENKRANZ, City Cler
(SEAL)
I I 1
'
I
I , e 0
s
AGREEUENT FOR ASSESSMENT DISTRICT
PROCESSING COORDINATION
- THIS AGREEMENT, made and entered into as of the
of -' 19 -, by and between the CITY OF CARLSBAI
municipal corporation, hereinafter referred to as 'ICity,"
George T. Simpson, hereinafter referred to as "Consultant .It
RECITALS
City requires the services of George T. Simpso
coordinate all activities of the staff, retained support serv
consultants as related to the preparation of an ove
feasibility and financing plan, including an implementation
program for Assessment District No. 86-6, Batiquitos La
Educational Park; and
Consultant possesses the necessary skills and qual
cations to provide the services required by City;
NOW, THEREFORE, in consideration of these recitals
the mutual covenants contained herein, City and a Consul
agree as follows:
1. CONSULTANT'S OBLIGATIONS
The general and continuing services throughout
implementation of the financing of the Project to be provide
t 0 e
-2-
the Project M-anager, at the direction of the City Manager or
designee, shall be the following:
a. Coordinate the activities of support consult
retained by the City as it relates to implementing
Batiquitos Lagoon Educational Park Assess
District.
b. Review report documents or studies for the City as
be directed and required.
c. Assist and advise the City in the implementation of
Assessment District.
d. Develop schedules and assignments necessary for
orderly and timely processing of the Assess
District on the Council Agendas.
e. Attend such meetings of the City Council, City st
developer, and other agencies as may be required.
f. Coordinate the City staff, developer, and suppor
consultants' activities for the implementation of
Assessment District.
g. Coordinate all notice requirements, i.e., pub1
post, mail, file maps, with City staff.
h. Prepare a summary report on the engineering
financial feasibility of the proposed Assess
District prior to the consideration of the Resolu
of Intent ion.
I 0 e
I
-3-
The Consultant will be responsible for providing direc
to the Support Consultants and to coordinate the implementa
of the following actions and tasks which will be performe
Support Consultants retained by the City:
Preliminary and General Tasks
a. Provide a description of each improvement to
included in the Assessment District with prelimi
engineering in sufficient detail to pro
units/quantities for each project by segment for
estimating.
b. Prepare a cost estimate for each improvement
units/quantities.
c. Prepare an overlay to the Tentative Map showing:
1. Dedicated open space, public easements, and a
public lands other than streets.
2. Proposed phasing of Final Map approvals.
3. Proposed phasing of construction improver
proposed for the Assessment District and by pri
contract .
4. Proposed phasing of grading and drai
improvements.
5. Ownership by assessors parcels.
d. Prepare a preliminaary Assessment District bour
map.
e. Provide a preliminary basis and methodology for
spread of the costs of improvements included ir
, e 0
-4-
Assessment District including incidentals.
f. Provide a preliminary assessment per parcel base
approved Tentative Map.
g. Provide a preliminary lien ration analysis (valu
land based on best data available).
h. Analyze and recommend an appropriate "reserve fund''
Assessment District Actions
a. Prepare Petition
1. Boundary map.
2. General description of improvements.
3. Preliminary Title Report.
4. Lenders' signatures.
5. Owners' signatures.
b. Prepare Plans and Specifications for public bidding
e. Prepare Engineer's Report
1. Assessment roll and diagram.
d. Prepare bond bid agreement.
e. Prepare Resolution of Intention and neces
documents.
1. Set public hearing date.
2. Authorize advertising for bids.
f. Public Hearing
1. Approve Engineer's Report
a. Confirm Assessment roll and diagram
b. Review bond bids and sale
2. Award construction contracts.
I L e e
-5-
2. CITY OBLIGATIONS
The City shall furnish to Consultant, in a timely man
such maps, records, and other documents and proceedings
certified copies thereof, as are available and may be reason
required by Consultant in the performance of these services.
3. PROGRESS AND COMPLETION
The work under this Contract will begin within ten
days after receipt of notification to proceed by the City an
completed within one hundred eighty (180) days of that date.
general management services under this agreement shall be con
uing until completion of the project or termination of
agreement. Extensions of time may be granted if requested by
Consultant and agreed to in writing by the City Engineer.
consideration of such requests, the City Engineer will
allowance for documented and substantiated unforeseeable
unavoidable delays not caused by a lack of foresight on the
of the Consultant, or delays caused by City inaction or c
agencies' lack of timely action.
4. FEES TO BE PAID TO CONSULTANT
The fee payable according to Paragraph 5, "Paymen
Fees", shall be based upon an hourly rate of $95.00 per t-
plus reimbursement for all out-of-pocket expenses outsid
normal office expenses, including, but not limited to, trs
printing, map preparation, aerial photography and re1
documentation reproduction. All fees will be payable
monthly basis upon an invoice submitted by the Consultant.
L a * e
-6-
The fee for purposes of project management shall
excceed $20,000 unless further written authorization is give
the City.
No other compensation for services will be allowed e>
those items covered by supplemental agreements per Paragrag
"Changes in Work".
5. PAYMENT OF FEES
All fees will be payable on a monthly basis upon an in\
submitted by Consultant.
6. CHANGES IN WORK
If, in the course of this Contract and design, changes
merited by the Consultant or the City, and informal consultat
with the other party indicate that a change in the conditior
the Contract is warranted, the Consultant or the City may rec
a change in Contract. Such changes shall be processed b)
City in the following manner: A letter outlining the reqc
changes shall be forwarded to the City or Consultant to ir
them of the proposed changes along with a statement of estin
changes in charges or time schedule. After reaching mi
agreement on the proposal, a supplemental agreement shal
prepared by the City and approved by the City Council.
supplemental agreement shall not render ineffective or invali
unaffected portions of the agreement. Changes requj
immediate action by the Consultant or City shall be order€
the City Engineer who will inform a principal of the Consult:
1 6 0 0
-7-
firm of the - necessity of such action and follow up wit
supplemental agreement covering such work.
7. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employe(
retained any company or person, other than a bona fide emplt
working for the Consultant, to solicit or secure this agreemc
and that Consultant has not paid or agreed to pay any compan;
person, other than a bona fide employee, any fee, commiss
percentage, brokerage fee, gift, or any other considera
contingent upon, or resulting from, the award or making
agreement. For breach or violation of this warranty, the
shall have the right to annul this agreement without liab'il
or, in its discretion, to deduct from the agreement pric
consideration, or otherwise recover, the full amount of such
commission, percentage, brokerage fee, gift, or contingent fe
8. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the State and Fed
Ordinances regarding nondiscrimination.
9. TERMINATION OF CONTRACT
In the event of the Consultant's failure to prose(
deliver, or perform the work as provided for in this Conti
the City may terminate this Contract for nonperformanc
notifying the Consultant by certified mail of the terminatic
the Contract. The Consultant, thereupon, has five (5) wo!
days to deliver said documents owned by the City and all wo
progress to the City Engineer. The City Engineer shall m
1 ' a e
-8-
determination of fact based upon the documents delivered to C
of the percentage of work which the Consultant has perfor
which is usable and of worth to the City in having the Contr
completed. Based upon that finding as reported to the C
Council, the Council shall determine the final payment of
Contract. Final payment shall be in compliance with the Codt
Federal Regulations.
IO. DISPUTES
If a dispute should arise regarding the performance of \
under this agreement, the following procedure shall be use(
resolve any question of fact or interpretation not other1
settled by agreement between parties. Such questions, if 1
become identified as a part of a dispute among persons opera!
under the provisions of this Contract, shall be reduce
writing by the principal of the Consultant or the City Engin
A copy of such documented dispute shall be forwarded to
parties involved along with recommended methods of resolu
which would be of benefit to both parties. The City Enginee
principal receiving the letter shall reply to the letter a
with a recommended method of resolution within ten (IO) days.
the resolution thus obtained is unsatisfactory to the aggri
party, a letter outlining the dispute shall be forwarded to
City Council for their resolution through the Office of the
Manager. The City Council may then opt to consider the dire
solution to the problem. In such cases, the action of the
Council shall be binding upon the parties involved, alth
8 L 0 0
-9-
nothing in t-his procedure shall prohibit the parties seek
remedies available to them at law.
11. RESPONSIBILITY OF THE CONSULTANT
The Consultant is hired to render professional services
coordinating all activities of the staff, as well as cert
retained support consultants as it relates to the preparatior
an overall feasibility and financing plan, including
implementation work program for Assessment District No. 8t
Batiquitos Lagoon Educational Park, and any payments madt
Consultant are compensation solely for such services. Consul1
shall certify as to the correctness of all documents utilize(
the above procured services.
12. SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party
tendering thirty (30) days written notice to the other party.
the event of such suspension or termination, upon request of
City, the Consultant shall assemble the work product and put
in order for proper filing and closing and deliver said pro
to City. In the event of termination, the Consultant shal
paid for work performed to the termination date; however,
total shall not exceed the guaranteed total maximum. The
shall make the final determination as to the portions of t
completed and the compensation to be made. Compensation t
made in compliance with the Code of Federal Regulations.
13. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided
a * a 0
- 10 -
herein in Consultant's own way as an independent Contractor
in pursuit of Consultant's Independent calling, and not a
employee of the City. Consultant shall be under control of
City only as to the result to be accomplished and the perso
assigned to the project, but shall consult with the Cit
provided for in the request for proposal.
14. CONFORMITY TO LEGAL REQUIREMENTS
The Consultant shall cause all drawings and specificat
to conform to all applicable requirements of law: Fede
State and local. Consultant shall provide all nece:
supporting documents, to be filed with any agencies \r
approval is necessary.
The City will provide copies of the approved plans tc
other agenc ie s .
15. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports,
specifications as herein required are the property of the
whether the work for which they are made be executed or not
the event this Contract is terminated, all documents, p
specifications, drawings, reports, and studies shall be deli
forthwith to the City. Consultant shall have the right to
one (1) copy of the plans for his/her records.
16. HOLD HARMLESS AGREEMENT
The City, its agents, officers, and employees shall n
liable for any claims, liabilities, penalties, fines, E
damage to goods, properties, or effects of any person what
8 L 0 0
- 11 -
nor for personal injuries or death caused by, or resulting fr
or claimed to have been caused by, or resulting from, any act
omission of Consultant or Consultant's agents, employees.
representatives. Consultant agrees to defend, indemnify,
save free and harmless the City and its authorized age1
officers, and employees against any of the foregoing liabilii
or claims of any kind and any cost and expense that is incu
by the City on account of any of the foregoing liabilit
including liabilities or claims by reason of alleged defect
any plans and specifications, unless the liability or clai
due, or arises out of, solely to the City's negligence.
17. ASSIGNMENT OF CONTRACT
The Consultant shall not assign this Contract or any
thereof or any monies due thereunder without the prior wri
consent of the City.
18. SUBCONTRACTING
If the Consultant shall subcontract any of the work t
performed under this Contract by the Consultant, Consultant E
be fully responsible to the City for the acts and omissior
Consultant's subcontractor and of the persons either direct
indirectly employed by the subcontractor, as Consultant i!
the acts and omissions of persons directly employe(
Consultant. Nothing contained in this Contract shall creatt
contractual relationship between any subcontractor of Consu
and the City. The Consultant shall bind every subcontract0
every subcontractor of a subcontractor by the terms of
z I 0 0
- 12 -
Contract appl-icable to Consultant's work unless specific:
noted to the contrary in the subcontract in question approvec
writing by the City.
19. PROHIBITED INTEREST
No official of the City who is authorized in such capac
on behalf of the City to negotiate, make, accept, or approve
take part in negotiating, making, accepting, or approving of
architectural, engineering inspection, construction or mate
supply Contractor, or any subcontractor in connection with
construction of the project, shall become directly or indire
interested personally in this Contract or in any part ther
No officer, employee; architect, attorney, engineer, or inspe
of or for the City who is authorized in such capacity an
behalf of the City to exercise any executive, supervisory
other similar functions in connection with the performanc
this Contract shall become directly or indirectly intere
personally in this Contract or any part thereof.
20. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any offi
agent, or employee of the City, either before, during, or i
the execution of this Contract, shall affect or modify any of
terms or obligations herein contained nor such verbal agrec
or conversation entitle the Consultant to any additional pa]
whatsoever under the terms of this Contract.
21. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 16, "Hold Harr
e r 0 0
- 13 -
Agreement", all terms, conditions, and provisions hereof st
insure to and shall bind each of the parties hereto, and eacl
their respective heirs, executors, administrators, successi
and assigns.
22. EFFECTIVE DATE
This agreement shall be effective on and from the day
year first above written.
23. CONFLICT OF INTEREST
The Consultant shall file a Conflict of Interest Statei
with the City Clerk of the City of Carlsbad in accordance
the requirements of the City of Carlsbad Conflict of Inte
Code.
IN WITNESS WHEREOF, we have hereunto set our hands and
seals.
GEORGE T. SIMPSON CITY OF CARLSBAD:
MARY H. CASLER, Mayor
APPROVED AS TO FORM: ATTESTED:
VINCENT F. BIONDO ALETHA L. RAUTENKRANZ
City Attorney City Clerk
I e 0
5TH SUPPLEMENTAL AGREEMENT
TO AGREEMENT FOR
ASSESSMENT ENGINEERING SERVICES
DATED MARCH 13, 1985
(MASTER AGREEMENT) .
THIS 5TH SUPPLEMENTAL AGREEMENT to the above described agree-
ment as approved by the City Council of the City of Carlsbad
on March 19, 1985, hereinafter referred to as "Master Agree-
ment", is made and entered into as of the day of
I 1986, by and between CIm OF CARLSBAD,
a municipal corporation, hereinafter referred to as "City"
zz? RESTS I SRUDII.: E STONE INCORPORATES, hereinzfter referred
t;i as "Consultant".
RECITALS
City requires the services of an assessment engineering con-
sultant to assist in processing of an assessment district
referred to as the Batiquitos Lagoon Educational Park Assess-
ment District; and
The City Council on
to prepare documents for the establishment of the Batiquitos
Lagoon Educational Park Assessment District.
directed the City staff
NOW, THEREFORE, City and Consultant mutually agree to supple-
ment the above referenced agreement as follows:
- 1-
t * e
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
reaard to Batiquitos Lagoon Educational Park Assessment Dis-
trict for City.
Consultant shall perform all work necessary to assist
L' -=I..=
troriz,i Park Assessment District. The work shall include but
not be limited to the following as directed by the City Enginc
a. Mapping - Prepare maps (boundary maps and assessmenl
CFty Enqineer ir! processin? the Batiqzitos Lagoon Educa-
diagrams) and related documents required under the Municipal
Improvement Act of 1913.
b. Engineer's Report and Investigation Report - Preparc
the Engineer's Report required by said Act and the Investiga-
tion 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 par-
cels within Assessment District including asseE
ment number and the assessor's parcel number,
legal description, mailing address of owner,
value of land and improvements, and amount of
assessment.
-2-
I 0 0
An alphabetical list of the record owners of
all parcels within Assessment District.
d. Printing and Mailing of Notices - In connection wit1
formal hearings to be held, arrange for printing and mailing
of notices prepared by the bond counsel.
for printing and mailing general information material to all
property owners in accordance with the legal time schedule.
Arrange for printing of hearing and posted notices and postin?
as required by said Act. Remove posted notices promptly aftei
hearings.
Prepare and arrange
e. Testins of Assessnext Criteria - Review all Etlterna-
ti~e criteria or methods of assessment for the individual par-
cels of land. Hold meetings with the City staff, affected
land owners, bond counsel, and financial consultant on a peric
dic basis for review and testing of assessment criteria.
f. Bond Sale Information - Provide information necessar
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 informal 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.
infomation for public distribution.
Prepare sufficient copies of written
-3-
< , 0 0
h. Formal Hearings - Attend all hearings held under'
said Act, fully prepared to present all necessary testimony
and to respond-to all public comments.
prepare a booklet for each member of the City Council and each
staff member consisting of a proposed agenda, Engineer's Repor
summary of construction bids, tabulation of final assessment
on each parcel of land, alphabetical list of ownership, and
general information.
late all protests and file a written summary thereof with the
City Clerk.
Prior to the hearing,
Prior to conclusion of the hearing, tabu
-. Filir,~ %ssessn?ezt Doemtents - After the final hear-
iry 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, Superin-
tendent of Streets, County Recorder, County Surveyor, Treasure
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 owner
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 preparation of a
Treasurer's Report of unpaid assessments.
2. ADDITIONAL SERVICES
When authorized in writing by the City Engineer, Consul-
tant shall perform or obtain from consultants or subcontractor
-4-
1. 0 0
approved by City, additional services in connection with the
Project not otherwise provided for in this Agreement.
additional services shall be paid for by City as provided in
Section 5 of the Master Agreement. It is anticipated that
these services which include preparation of specifications
and documents for construction bidding, should not exceed
'Twenty Thousand Dollars ($20,000).
3. PERIOD OF SERVICE
Said
Work shall begin within ten (10) calendar days after
receipt of notification to proceed by the City Engineer.
shll prcceed in a Ziligent rnanner zc conclusio;l 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.
Work
The date of the public hearing before the City Council
has not been set.
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-Two Thousand Dollars ($62,000) .
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
1.ump sum fee set forth above in this Section.
- 5-
1 0 a
IN WITNESS WHEREOF, this Supplement to Agreement dated
March 13, 1985, has been executed by the parties through thei:
duly authorized representatives as of the date first herein-
above written.
NESTE, BRUDIN & STONE INCORPORATED CITY OF CARLSBAD
By :
Mayor
Tizie:
A3?X:OVE;) AS TO FORM: ATTESTED :
Assistant City Attorney City Clerk
-6-
2 e 0
E 60m5 C
AGREEMENTs FOR ASSESSMENT ENGINEERING SERVICES
(MASTER AGREEMENT)
31 THIS AGREEMENT, made and entered into as of the & -
of
municioal corporation, hereinafter referred to as lcCity,"
NESTE, BRUDIN & STONE, INC., hereinafter referred to
"Consultant .Io
PAW+ --- , 198r -' by and between the CITY OF CARLSBAD
RECITALS
City requires the services of Consultant to provide
necessary assessment, design and related engineering services
assist in processing requests for assessment districts
assessment district procedures authorized by the City Counc
ana
Consultant possesses the necessary skills and qual
cations to pirovide the services required by City;
NOW, THEREFORE, in consideration of these recitals
the mutual covenants contained herein, City and a Consuli
agree as follows:
1. CONSULTANT'S OBLIGATIONS
The principal of Consultant for the assessment engin
ing services shall be Norman A. Neste unless otherwise appr
by the City Engineer. Consultant shall perform all
necessary to assist the City Engineer in processing or initia
a a
assessment districts. The work shall be performed at
direction of the City Engineer. The work shall include but
be limited to the following tasks as directed by the I
Engineer:
a. Preparation of feasibility studies and advice
City on proposed assessment districts and tt
probability of success.
b. Making presentations before City's Project Rei
Committee.
c. Performing preliminary engineering studies.
d. Preparing cost estimates.
e' *recz:ir?; !93: At: 9)ngt Limit Rencrt (when cszd)
f. Preparing 1913 Act Engineer's Report.
g. Meetings with property owners.
h. Coordinating with bond counsel.
i. Making presentations to City Council.
j. Performing design surveys.
k. Prepration of plans, specifications and cont
do-uments for bidding and construction.
1. Administering construction bidding and bid revie
Any work performed on an hourly basis as describe
this section -shall be only as directed by the City Engineer.
work perhrmd under a supplemental agreement shall be purs
to the detailed scope of work for each authorized pro;
attached to and made a part of the supplemental agreement.
-2-
a e
2. CITY OBLIGATIONS
City stiall:
a. Provide one copy of the City of Carlsbad Standard
b. Provide blank mylar sheets with City title bl
when needed for engineering drawings.
c. Receive all requests for assessment districts
determine the action to be taken.
d. Set agenda and schedule for the Project Rev
Committee.
e. Prepare all agenda bills for City Council.
f. Assist Consultant by placing at its disposal
available information pertinent to the site of
project including previous reports and any ot
data relative to design and construction of
project.
g. Examine all studies, reports, sketches, estima
specifications, drawings, proposals, and o
documents presented by Consultant and re
necessary decisions pertaining thereto withi
reasonable time so as not to delay the worL
Consultant.
h. -Provide legal accounting and insurance counse
services as may be reasonably required for
project.
-3-
, e 0
i. Designate, in writing, a person or persons to act
representtive of City with respect to the work to
performed under this Agreement; such person sha
transmit instructions, receive informat ioi
interpret and define policies and decisions of Ci
with respect to materials, equipment elements, ai
systems pertinent to the work covered by th
Agreement.
j. Give prompt notice to Consultant whenever Ci
observes or otherwise becomes aware of any defect
the project.
k. CStain, with Consultant's assistance, apDrova1
all governmenal authorities having jurisdiction ov
the project and such approvals and consents fr
such other individuals or bodies as may be necessa
for completion of the oroject.
3. PROGRESS AND COMPLETION
Consul'ations on an hourly basis shall commence immed
ately when authorized in writing by City's designat
representative. The work under the supplemental agreement wi
begin within ten (IO) days after receipt of notification
proceed by €ity and be completed within the time period specifi
in the supplemental agreement. Extensions of time may be grant
if' requested by Consultant and agree to in writing by Cj
-4-
I m 0
Engineer. In consideration of such requests, City Engineer wi
give allowance for documented and substantiated unforeseeable a
unavoidable delays not caused by a lack of foresight on the pa
of Consultant, or delay caused by City inaction or 0th
agencies' lack of timely action.
4. FEES TO BE PAID TO CONSULTANT
Fees for consultations or other work on an hourly bas
shall be based on the hourly rates listed in Exhibit A. Fe
for work on a specifically authorized district shall be
accordance with the supplemental agreement for that project.
other compensation for services will be allowed except thc
--SR]S covered by supplemental agreements per Paragraph
"Changes in Work".
5 I> PAYMENT OF FEES
*I
a. Consultant shall submit itemized billings on
monthly bssis indicating services performed and,
hours worked. Payments may be made based
monthly billings submitted by Consultant
ap;roved by the City Engineer.
b. Consultant shall be reimbursed for out-of-poc'
expense as set forth in Exhibit "A" attached her
or: as set forth in any supplemental agreement.
CT t-onsultant shall maintain time records, account
records, and vouchers with regard to all servi
performed on an hourly billing rate basis, an C
-5-
L w w
shall have the right to examine such records a
Consultant's records of all cost items incurred
charged in connection with the project.
d. Exhibit "A", Schedule of Hourly Billing Rates,
subject to revision on or about August 1 of ea
year to reflect salary and wage increases.
e. Interest will be charged and shall be applied to i
unpaid balance commencing thirty (30) days after t
date of the original invoice (the delinquency dat
at a rate of twelve (12) percent per annum.
6, FINAL SUBMISSIONS
Consultant shall preoare and submit the work as :
forth in Section 1 hereof in a timely manner and to conform tc
calendar of proceedings as jointly established and agreed to
City, Bond Counsel, major property owners and Consultant excc
for delays beycnd Consultant's control.
7. CHANGES IN WORK
If, in the course of this Contract and design, chani
seem merited by the Consultant or the City, and informal consi
tations with the other party indicate that a change in
conditions of the Contract is warranted, Consultant or City
request a change in Contract. Such changes shall be processed
City in €he- following manner: A letter outlining the requi
changes shall be forwarded to City or Consultant to inform t
of the proposed changes along with a statement of estima
-6-
z w w
changes in charges or time schedule. After reaching mutc
agreement on t.he proposal, a supplemental agreement shall
prepared by City and approved by the City Council. St
supplemental agreement shall not render ineffective or invalidE
unaffected portions of the agreement. Changes requiri
immediate action by Consultant or City shall be ordered by t
City Engineer who will inform a principal of Consultant's firm
the necessity of such action and follow up with a supplemeni
agreement covering such work.
8. DESIGN STANDARDS
Consultant shall prepare the plans and specifications
szcordence ~ith the decign standzrds of the City of Carlsbad
recognized current design practices. Applicable City of Carls
Standards and Regional Standards shall be used where appropria
Copies of such standards shall be obtained from the City
Carlsbad.
9. COVENANTS AGAINST CONTINGENT FEES
Consultant warrants that it has not employed or ret ai
any company on person, other than a bona fide employee work
for Consultant, to solicit or secure this agreement, and t
Consultant has not paid or agreed to pay any company or pers
cather than a hona fide employee, any fee, commission, percenta
brokerage -fee, gift, or any other consideration contingent UF
or resulting from, the award or making this agreement.
breach or violation of this warranty, the City shall have
-7-
* @ w
right to annul this agreement without liability, or, in
discretion, tu deduct from the agreement price or considerati
or otherwise recover, the full amount of such fee, commissi
percentage, brokerage fee, gift, or contingent fee.
10. NONDISCRIMINATION CLAUSE
Consultant shall comply with the State and Fede
Ordinances regarding nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of Consultant's failure to prosecu
deliver, or perform the work as provided for in this Contra
---jr may terminate this Concract for nonperformance by notify -:-
r - r r, ,-ltant -. f 8 by certified mail of tho termination of the contra
Consultant, thereupon, has five (5) working days to deliver s
documents owned by City and all work in progress to the C
Engineer. The City Engineer shall make a determination of f
baz5d upon the documents delivered to City of the percentage
work which Consultant has performed which is usable and of wo
to City in having the Contract completed. Based upon t
finding as rerorted to the City Council, the Council sh
determine the final payment of the Contract.
12. DISPUTES
If a -dispute should arise regarding the performance
work under this agreement, the following procedure shall be u
to resolve any question of fact or interpretation not otherw
settled by agreement between parties. Such questions, if t
-8-
% 0 e
become identified as a part of a dispute among persons operat
under the provisions of this Contract, shall be reduce(
writing by the principal of Consultant or the City Engineer,
copy of such documented dispute shall be forwarded to t
parties involved along with recommended methods of resolut
which would be of benefit to both parties. The City Enginee~
principal receiving the letter shall reply to the letter a1
with a recommended method of resolution within ten (10) days.
the resolution thus obtained is unsatisfactory to the aggrif
party, a letter outlining the dispute shall be forwarded to
City Council for their resolution through the Office of the
T5t. Sit? Pounzi! may khsg opt tc? consider the dire ts - - 2. c?zc:.
solution to the problem. In such cases, the action of the
Council shall be binding upon the parties involved, alth
not7ing in this procedure shall prohibit the parties see
reqesles available to them at law.
13. RESPONSIBILITY OF CONSULTANT
Consultant is hired to render professional service
providing ass-ssment, design and other related enginee
services and any payments made to Consultant are compensa
solely for such services. Consultant shall certify as to
correctness of all designs and sign all plans, specificati
and estima-s furnished with Registered Civil Engineer's num
-9-
c 0 a
14. SUSPENSION OR TERMINATION OF SERVICES
This -agreement may be terminated by either party ul
tendering thirty (30) days written notice to the other party.
the event of such suspension or termination, upon request
City, Consultant shall assemble the work product and put same
order for proper filing and closing and deliver said product
City. In the event of termination, Consultant shall be paid
work performed to the termination date; however, the total sh
not exceed the guaranteed total maximum. The City shall make
final determination as to the portions of tasks completed and
compensation to be made.
"7 c~i-**c rr TSJ- rq~ ctii T;,+*T ...
Consultant shall perform the services provided
herein in Consultant's own way as an independent contractor
in pursuit of Consultant's independent calling, and not as
~~-3loyee of City. Consclltant shall be under control of City o
as to the result to be accomplished and the personnel assigned
the project. However Consultant shall confer with City
provided for in this agreement.
16. CONFORMITY TO LEGAL REQUIREME-NTS
Consultant shall cause all drawings and specificati
to conform to all applicable requirements of law: Feder
State, and --local. Consultant shall provide all neces:
supporting documents, to be filed with any agencies wt
approval is necessary.
- 10 -
e e
The City will provide copies of the approved plans
any other agencies.
'17. ONNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports,
specificgtions as herein required are the property of Ci
whether the work for which they are made be executed or not.
the event this contract is terminated, all documents, pla
specifications, drawings, reports, and studies shall be delive
Fortnwith to City. Consultant shall have the right to make
(lj copy of the plans for its records.
'IO. HOLD HARMLESS AGREEMENT
r 2 ,. ,-, ;L- ..,-e- ^i_ - 3"CRtE. _-_ -- - - TrciCz'r%, 2nd ?:71Cveec shzll no' -- Y-
liable for any claims, liabilities, penalties, fines, or
damage to goods, properties, or effects of any person whatei
nor for personal injuries or death caused by, or resulting fi
or claimed to have been caused by, or resulting from, any acl
omission of Consultant or Consultant's agents, employees
representatives. Consultant agrees to indemnify and save
and harmless rity and its authorized agents, officers,
employees against any of the foregoing liabilities or claim
any kind and any cost and expense that is incurred by Cit
account of - any of the Foregoing liabilities, inclu
liabilities-or claims by reason of alleged defects in any p
and specifications, unless the liability or claim is due
arises out of, solely to the City's active negligence.
- 11 -
e e
19. ASSIGNMENT OF CONTRACT
Consultant shall not assign this Contract or any p
thereof or any monies due thereunder without the prior writ
consent of the City.
20. SUBCOtTRACTING
If Consultant shall subcontract any of the work to
performed under this Contract by Consultant, Consultant shall
fully responsible to the City for the acts and omissions
Consultant's subcontractor and of the persons either directly
indirectly employed by the suocontractor, as Consultant is
the acts and omissions of persons directly employed
- n ,: ldL --~r,- = .(,. .YC/.>I b % - -,r . -0.- --tauL--ci - -, i. t-55 ,P?trE2' zsrll -r?z!.E
contractual relationship between any subcontractor of Consult
and City. Consultant shall bind every subcontractor and et
subcontractor of a subcontractor by the terms of this Contr
asz;lizable to Consultant's work unless soecifically noted to
contrary in the subcontract in question approved in writin!
City.
21. PROHIBITE? INTEREST
No official of the City who is authorized in
capacity on behalf of City to negotiate, make, accept
approve, or - take part in negotiating, making, accepting
approving- af any architectural, engineering, inspect
construction or material supply Contractor, or any subcontra
in connection with the construction of the project, shall bel
- 12 -
P II) I)
directly or indirectly interested personally in this Contract
in any part thereof. No officer, employee, architect, attorr
engineer, or inspector of or for City who is authorized in :
capacity and on behalf of City to exercise any executl
supervisory, or other similar functions in connection with
performance of this Contract shall become directly or indirec
interested personally in this Contract or any part thereof.
22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any offic
agEn:, or employee of City, either before, during, or after
execution of this Contract, shall affect or modify any of
terms or obligations herein contained nor such verbal agreer
or conversation entitle Consultant to any additional payr
whatsoever under the terms of this Contract.
23. ESTIMATES
Since Consultant has no control over the cost of 1i
and materials, or over competitive bidding and market conditii
the estimates of construction costs provided for herein are ti
made on the baris of Consultant's experience and qualificatic
but Consultant does not guarantee the accuracy of such estir
as compare to Contractor's bids or the project construcl
cost,
24. SUCRSSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, " I
Harmless Agreement", all terms, conditions, and provisions he
- 13 -
e e
shall insure to and shall bind each of the parties hereto,
each of their respective heirs, executors, adrninistrato
successors, and assigns.
25. EFFECTIVE DATE
This agreement shall be effective on and from the
and year first above written.
26. CONFLICT OF INTEREST
Consultant shall file a Conflict of Interest Stater
with the City Clerk of the City of Carlsbad. Consultant st
:-epc?rt investvents or interests in real. ~r~~erty.
IN WITNESS WHEREOF, we have hereunto set our hands
seals.
NESTE, BRUDIN & STONE, CITY OF CARLSBAD:
INCORPORATED
@Y //b, X ,/&& + ,I
--- Title Z4XLP2kEL----
-- -- _I- -=-- <?+
Gu -- --_I_- - --- -.-c- Hayor
ATTESTED:
-- -- Ci ?/gi%&+++=
- 14 -
e EXH I B I T 'I A" 0 'E NESTE, BRUDlN 8t STONE Engineers Plannei
INCORPORATED
SCHEDULE OF HOURLY BILLING RATES Effective August 1, 1984
,. OFFICE:
ENGINEERING Princ:pai Consuitant ................................ ............ $82.
Frincipai Enyreer ........................... ........ 62.
Assis:ant P::nc:uai Engineer .......... ...................... 58.
Senior Engineer . . .... ...................... 56. Engineer .......... ........ 49
Geologist .. .......................... 49
45 Associxe Engineer .. .. .. ................ Assistant Eng:neer .................. 39
Principal Planner ................................................... - ........ 62 Assistant Principal Planner ............................................ Seniorplanner ........................................... Planner.. ...................................... ................ 49 Asmate Planner. 47
Assistant P!anner .... ................................ 39
.. 47 >er.:or Designsr . .. ............... Des: gn er .. ... ............... 45 Senior Drafter ............. 41 Drarcer .. .... ...... .... 39
Liemeator ......... ......... 32
.. ... 23 Er. gi n e ern g .A !de
.............. .. ............. 65. Project Director Senior Pr:nc:pai Engineer ..... .......... .. .................... 65.
.... ..... ...
....
...... ...........
PLANNIKG
......
...................................................
....... ....
DESIGN AND DRAFTING
.....
....
...........
..........
..............
FIELD:
COSSTRUCT!ON >:ANAGEblENT Principal Engineer ................... ................. 62
Senior Proiect iiepresentative ............. ......................... 56 Resident Engileer .... ........... 49 Project Representaave ..................... 49
Assocare ?ro!ecr Heprocentarive. ..... .........
Srnior inspecor ..........
inspecror
SURVEYiNG
........ Scmor Resicen! Enyneer ................................ 56
........ .... ....
. 47
........ .... 2.75xDirectSa
.... 2.75 x Direct Sa .........................
Princ!pal Survevor ............................... ......... 62
Assistant Princ;pal SurLevor .......................... ........... 5a
Supervising Surveyor ....................... ............... 56
3-man 5urvev Crr.v, .................. ...... ............. 155
2-man 5urvey Cre. .. ................................. ................ 109 l-manSur~2vCrew ....................................................... 54
3-man Survey Crew. . ........................... ........................ 72 2-man Survey Crew. . ........................... ....................... 50
Travel Time - {when in excess of eight hours work time per day)
SERVICES AND EXPENSES: Computer. Central Processing Unit (CPU) ......... ..................... .15c/sec Connect Time. per Hour .............. ............................. 7
Printing ....................................... .......... 1.50/100-1
7inimurn. ............. 25 Computer Analyst .................................... ............ 56
................................................... 45
................................ ........... 35 Researcher, Processor .......................................................... 32
DataEntry .............................................................. Secretary/Clsrk ...........................................................
In-houseReproduction ................................................. Miieage ................ ........................................ Subsistence ............................... .............
Other Expenses - including Special Consultants
- .......................................
Programmer . . Technician .
Executive and Administrative Secretary .......................................... 32
................ I
and Purchased Services through Subcontracts .................................... Cost + 1
B,llmg raics rnrlude werwod. F,JU.P~~"I space rmrol. eic Thew btlltng voter am iubpct 10 increaw Auguu 1 01 e~th War due to unmn ogrccmrnls and rohw ~nn
A fate Wrntrnl i.ibW( E CHAR( J Y til be upplrad io any vnpuod balance. ' urnmenrnq lhiny (301 dovs uller the dole ai lhe Onqtr1at mL'aIcc a1 lhe mm8mum Inlr.re
*!rirrrrd Ct' i~ic
3M
0 i, .
SPECIAL COUNSEL AGREEMENT
THIS AGREEMENT is made and entered into this day of
by and between the CITY OF CARLSBAD, CALIFO-public co;poration (here
referred to as ltCityti), and F. MACKENZIE BROWN, INC., (hereinafter referred -.
"Counsel").
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follo
SECTION 1. That Counsel shall perform legal services in connection with the p
assessment proceedings and bond issuance in the matter of a p
special assessment district known and designated as
ASSESSMENT DISTRICT NO. 86-6
(BATIQUITOS LAGOON EDUCATIONAL PARK)
(hereinafter referred to as the "Assessment District") under proc
conducted pursuant to the provisions of the "Municipal Improvement 1913", being Division 12 of the Streets and Highways Code of the : Cal i f orn i a.
Said services shall incl ude:
A. Review of the dedication and acquisition of the streets and ei
or other property in which proposed work is to be performed;
B. Examination of the plans and specifications for the propose the boundary map and assessment diagram of the Assessment D-
the assessment roll and bonds, and the giving of instructi
advice in connection with the foregoing;
C. Recomnendations as to procedure, schedules and actions that st
conducted and taken;
D. Preparation of all resolutions, notices, contracts, bond for
other papers and documents required in the proceedings;
E. Examination of the proceedings, step by step, as taken;
F. Appear at all hearings under the proceedings, and attend any
G. Make recomnendations as to sale of bonds, if desired;
H. Perform legal services, if required, pursuant to the provii
where attendance is requested;
the "Special Assessment Investigation, Limitation and
Protest Act of 1931", being Division 4 of the Streets and Code of the State of California;
the proceedings and the issuance of the bonds.
I. Issuance of an approving legal opinion attesting to the Val
Such legal services shall not include any services in connection acquisition, by easement or condemnation, of any easements (
interest in real property necessary for the proposed improvement: services can be provided by Counsel, by separate agreement, if dt
0 0
SECTION 2. That the City shall perform as follows:
A. Furnish to Counsel such maps, records, title searches, anc
documents and proceedings, or certified copies thereof, as are
able and may be reasonably required by Counsel in the perform the services hereunder;
B. Pay to Counsel a fee computed on the confirmed assessment as fl
ONE PERCENT (1%) of the first $1,000,000; ONE-HALF PERCENT (1/2%) from $1,000,001 to $7,500,000; ONE-QUARTER PERCENT (1/4%) from $7,500,001 to $15,000,000;
ONE-EIGHTH PERCENT (1/8%) on the balance thereof.
C. Payment of the above-referenced fee shall be as follows:
All due and payable upon receipt of money from the sale and d
of bonds to the successful underwriter.
SECTION 3. In the event the proceedings are terminated or abandoned prior to ( tion, Counsel shall be paid a reasonable fee for services rende date based on an hourly rate of $100.00 per how, not to $5,000.00; however, if the proceedings are abandoned prior to or
time of a public hearing under the provisions of the "1931 Act", s4
shall not exceed $3,000 .OO.
SECTION 4. That this Agreement may be terminated by either party hereto by r
written notice thereof to the other party.
.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be execu
the day and year first hereinabove written.
" C ITY 'I
CITY OF CARLSBAD
By:
CITY OF CARLSBAD STATE OF CALIFORNIA
ATTEST: - CITY OF CARLSBAD
STATE OF CALIFORNIA
/
e e
AGREEMENT FOR THE SEIRVICES OF DELOITTE HASKINS
AND SELLS TO ACT AS FINANCIAL ADVISOR TO THE
CITY OF CARLSBAD FOR ASSESSUENT DISTRICT PROJECTS-
THIS AGREEMENT, made and entered into as of the -
of , 1986, by and between the CITY OF CARLSBA
municipal corporation, hereinafter referred to as ItCity,"
Deloitte Haskins and Sells, hereinafter referred to
It Co nsu 1 t ant . 'I
RECITALS
City requires the services of Deloitte Haskins and S
to provide the services of financial advisor to the City in
formation, coordination, and evaluation of certain asess
district projects; and
Consultant possesses the necessary skills
qualifications to provide the services required by City;
NOW, THEREFORE, in consideration of these recital:
the mutual covenants contained herein,. City and a Consu.
agree as follows:
1. CONSULTANT'S OBLIGATIONS
The Consultant shall assist the City staff in the follc
functions:
e e
-2-
A. Preparing or reviewing the proposed financing plan
assessment district projects.
8. Preparing or reviewing proposed features and marke
plans for each assessment district issue.
C. Meeting with developers, consulting engineers,
counsels, underwriters or City Council and staff on var
issues related to the proposed assessment district.
D. Assist City staff in the selection of a marketing p
the selection of an underwriter and the evaluation of bid
negotiable sale arrangements ,,
E. Assist City staff in the evaluation of the tax st
of proposed assessment district projects based on present
proposed federal tax regulations.
2. CITY OBLIGATIONS
The City shall provide the following:
A. City staff shall be made available to the Consultar
provide information related to the assessment district proj
that may be necessary for consultant to effectively perform
assigned function.
B. The City shall provide access to other consuli
involved in the assessment district process.
C. The City shall compensaate the Consultant as desc
below.
3. FEES TO BE PAID TO CONSULTANT
The Consultant shall be compensated at a rate of $95.01
hour. No other compensation for services will be allowed e-
0 0
-3-
those items covered by supplemental agreements per Paragrapl
"Changes in Work".
4. PAYMENT OF FEES
Payment of fees shall be made upon (a) the sale of bc
for an assessment district project or (b) upon the decisior
the City Council to halt the assessment district process fa
particular project. The Consultant shall maintain suffic
records to determine the Number 4 billable hours spent on
assessment district project and shall submit supporting data
each invoice showing project, date, hours billed, and ho
rate.
5. CHANGES IN WORK
If, in the course of this Contract, changes seem merite
the Consultant or the City, the Consultant or the City
request a change in Contract,, Such changes shall be processe
the City in the following manner: A letter outlining
required changes shall be forwarded to the City or Consultan
inform them of the proposed changes along with a statemen
estimated changes in charges or time schedule. After reac
mutual agreement on the proposal, a supplemental agreement E
be prepared by the City and approved by the City Council.
supplemental agreement shall not render ineffective or invali
unaffected portions of the agreement. Changes requ.
immediate action by the Consultant or City shall be orderc
the City Manager who will inform a principal of the Consulti
firm of the necessity of such action and follow up w
supplemental agreement covering such work.
b 0 0
-4-
6. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employe1
retained any company or person, other than a bona fide empl
working for the Consultant, to solicit or secure this agreem
and that Consultant has not paid or agreed to pay any compan
person, other than a bona fide employee, any fee, commiss
percentage, brokerage fee, gift, or any other considera
contingent upon, or resulting from, the award or making
agreement. For breach or violation of this warranty, the
shall have the right to annul this agreement without liabil
or, in its discretion, (to deduct from the agreement pric
consideration, or otherwise recover, the full amount of such
commission, percentage, brokerage fee, gift, or contingent fe
7. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the State and Fec
-
Ordinances regarding nondiscrimination.
8. TERMINATION OF CONTRACT
In the event of the Consultant's failure to prose1
deliver, or perform the work as provided for in this Cont
the City may terminate this Contract for nonperformanc
notifying the Consultant by certified mail of the terminati
the Contract. The Consultant, thereupon, has five (5) wo
days to deliver any and all documents related to the pro
described above to the City Finance Director along with a bi
for work performed. The City Finance Director shall m
determination of fact based upon the documents delivered tc
-
4 i 0 0
-5-
of the percentage of work which the Consultant has perfo
which is usable and of worth to the City in having the Cont
completed. Based upon that finding as reported to the
Council, the Council shall determine the final payment of
Contract. Final payment shall be in compliance with the Cod
Federal Regulations.
9. DISPUTES
If a dispute should arise regarding the performance of
under this agreement, the following procedure shall be USE
resolve any question of fact or interpretation not other
settled by agreement between parties. Such questions, if
become identified as a part of a dispute among persons operz
under the provisions of this Contract, shall be reduct
writing by the principal of the Consultant or the City Fir
Director. A copy of such documented dispute shall be forw,
to both parties involved along with recommended methoi
resolution which would be of benefit to both parties. The
Finance Director or principal receiving the letter shall rep
the letter along with a redommended method of resolution w
ten (IO) days. If the resolution thus obtained is unsatisfa
to the aggrieved party, a letter outlining the dispute sha
forwarded to the City Council for their resolution throug
Office of the City Manager. The City Council may then o
consider the directed solution to the problem. In such c
the action of the City Council shall be binding upon the p:
involved, although nothing in this procedure shall prohibi
parties seeking remedies available to them at law.
I ,l 0 0
-6-
IO. RESPONSIBILITY OF THE CONSULTANT
The Consultant is hired to render professional service
providing financial advisor services related to assess
district projects and any payments made to Consultant
compensation solely for such services.
11. SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party
tendering thirty (30) days written notice to the other party.
the event of such suspension or termination, upon request of
City, the Consultant shall assemble any work product and put
in order for proper filing and closing and deliver said prc
to City. In the event of termination, the Consultant sha:
paid for work performed to the termination date. Compens:
to be made in compliance with the Code of Federal Regulations
12. STATUS OF THE CONSULTANT _.
The Consultant shall perform the services provide
herein in Consultant's own way as an independent Contract0
in pursuit of Consultant's Independent calling, and not
employee of the City. Consultant shall be under control o
City only as to the result to be accomplished and the pers
assigned to the project, but shall consult with the Ci
provided for in the request for proposal. .
13. OWNERSHIP OF DOCUMENTS
All studies and reports as herein required are the prc
of the City, whether the work for which they are made be ex6
or not. In the event this Contract is terminated, all doc1
b
0 0
-7-
reports, and studies shall be delivered forthwith to the Ci
Consultant shall have the right to make one (1) copy of
documents for his/her records.
14. HOLD HARMLESS AGREEMENT
The City, its agents, officers, and employees shall not
liable for any claims, liabilities, penalties, fines, or
damage to goods, properties, or effects of any person whate!
nor for personal injuries or death caused by, or resulting f
or claimed to have been caused by, or resulting from, any ac
omission of Consultant or Consultant's agents, employees
representatives. Consultant agrees to defend, indemnify,
save free and harmless the City and its authorized age
officers, and employees against any of the foregoing liabili
or claims of any kind and any cost and expense that is incu
by the City on account of any of the foregoing liabilit
including liabilities or claims by reason of alleged defect
any plans and specifications, unless the liability or claj
due, or arises out of, solely to the City's negligence.
15. ASSIGNMENT OF CONTRACT
The Consultant shall not assign this Contract or any
thereof or any monies due thereunder without the prior wr
consent of the City.
16. SUBCONTRACTING
If the Consultant shall subcontract any of the work
performed under this Contract by the Consultant, Consultant
be fully responsible to the City for the acts and omissi0
. 0 e
-8-
Consultant's subcontractor and of the persons either directl:
indirectly employed by the subcontractor, as Consultant is
the acts and omissions of persons directly employed
Consultant. Nothing contained in this Contract shall create
contractual relationship between any subcontractor of Consul
and the City. The Consultant shall bind every subcontractor
every subcontractor of a subcontractor by the terms of
Contract applicable to Consultant's work unless specific
noted to the contrary in the subcontract in question approve
writing by the City.
17. PROHIBITED INTEREST
No official of the City who is authorized in such cap:
on behalf of the City to negotiate, make, accept, or approvi
take part in negotiating, making, accepting, or approving o
architectural, engineering inspection, construction or mati
supply Contractor, or any subcontractor in connection wit
construction of an assessment district project, shall b
directly or indirectly interested personally in this Contra
in any part thereof. No officer, employee, architect, attc
engineer, or inspector of or for the City who is authoriz
such capacity and on behalf of the City to exercise
executive, supervisory, or other similar functions in connt
with the performance of this Contract shall become direcl
indirectly interested personally in this Contract or an!
thereof.
I s
-9-
e *
18. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any offic
agent, or employee of the City, either before, during, or af
the execution of this Contract, shall affect or modify any of
terms or obligations herein contained nor such verbal agreen
or conversation entitle the Consultant to any additional payr
whatsoever under the terms of this Contract.
19. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 14, "Hold Harm
Agreement", all terms, conditions, and provisions hereof SI
insure to and shall bind each of the parties hereto, and eacl
their respective heirs, executors, administrators, successi
and assigns.
20. EFFECTIVE DATE
This agreement shall be effective on and from the day
year first above written.
21. CONFLICT OF INTEREST
The Consultant shall fi.le a Conflict of Interest Statem
with the City Clerk of the City of Carlsbad in accordance wit
the requirements of the City of Carlsbad Conflict of Interest
Code.
IN WITNESS WHEREOF, we have hereunto set our t
and seals.
DELOITTE, HAWKINS & SELLS CITY OF CARLSBAD:
By
Title
MARY H. CALSER, Mayor
0
- IO -
4 '* e
APPROVED AS TO FORM: ATTESTED:
By
VINCENT F. BIONDO, JR. ALETHA L. RAUTENKRANZ
City Attorney City Clerk
* '& 0 0
1
ASSESSMENT DISTRICT REIMBURSEMENT AGREEMENT
THIS AGREEMENT is made and entered into this day of
by and between the CARLSBAD, a Public Agency of the State of California (her1
referred to as Yity"), and SAMMIS PROPERTIES, (hereinafter referred to as It
Ownersg1).
-
RECITALS r- -------
A. Property Owners own certain real property that at this time is propose included within the boundaries of a proposed special assessment distric
the City would be conducting proceedings under the provisions of the I'M
Improvement Act of 1913", being Division 12 of the Streets and Highways
the State of California, said special assessment district hereinafter ki
designated as
ASSESSMENT DISTRICT NO. 86-6
(BATIQUITOS LAGOON EDUCATIONAL PARK)
(hereinafter referred to as the "Assessment District").
B. Property Owners are in agreement to advancing funds to allow the City to
all initial consulting and administration costs and expenses related proceedings, said monies being subject to reimbursement or credit
successful confirmation of assessments and sale of bonds.
C. The parties hereto wish to enter into an Agreement to provide for the adv
of funds and reimbursement or credit for monies previously advanced.
AGREEMENT -e-----&--
- The parties hereto, for mutual consideration, agree as follows:
SECTION 1. The Property Owners shall advance monies to the City upon demanl
all preliminary costs for consultants and staff administration r
for the formation of the special Assessment District, and if st
are not advanced, the consulting services will not proceed. agrees to keep records to clearly show the amount of monies advi
preliminary engineering and legal expenses and any other prc
consulting or administrative services, and upon completion
proceedings and a successful sale of bonds, Property Owners can
following options:
a. All monies advanced shall be reimbursed in cash;
b. All monies advanced shall be applied as a credit upon their
c. A Combination of the above.
assessments.
4 qr - e e
SECTION 2. The costs and expenses advanced shall pay for the following servic
A. Bond Counsel
B. Assessment Engineer
-C. Design Engineer D. Project Manager E. Financial Consultant F. City Administrative Time
For the scope of the work arid terms and conditions of the contrac the above referenced consultant or consultants, reference is made contracts on file in the Office of the City Clerk.
SECTION 3. The monies to be advanced shall be deposited and advanced to tk
pursuant to the following schedule:
A.
If additional monies are necessary, the City shall make deman
Property Owners and Property Owners shall imnediately thereafter,
fifteen (15) working days, deposit said monies with the City to co\ balance of the costs and expenses.
At the time of execution of this Agreement, $117,000.00.
SECTION 4. If the proceedings are not successful and are abandoned prior successful sale of bonds, there will be no obligation on the C reimburse Property Owners for any costs and expenses advanced, z
City does agree to the following:
A. Reimbursement of any surplus monies the City has on deposit in of those needed for final payment of consulting services
administrative time; and,
reimbursement.
B. All other funds previously paid shall not be subject to
SECTION 5. All plans, specifications, and other preliminary documentati
prepared shall become the property of the City, regardless as to ~r
the Assessment District is actually formed and confirmed.
SECTION 6. This Agreement does not in any way create an obligation or vestin
the City will decide to proceed with a special assessment distric
the City expressly reserves the right to abandon the proceedings
time prior to the conclusion of the public hearing.
q+\< 1 - 8 e
i
SECTI3N 7. This Agreement shall be binding on the successors and assigns
parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day a
first hereinabove written.
CITY OF CARLSBAO
"CITY"
MAY OR
CITY OF CARLSBAD STATE OF CALIFORNIA
ATTEST:
T
CITY OF CARLSBAD
. STATE. OF: CALIFORNIA
APPROVED AS TO FORM:
SAMMIS PROPERTIES
'I PROP E RTY 0 W N E R S 'I
By: %&e-
Donald F. S *s, President