HomeMy WebLinkAbout1986-05-20; City Council; 8568-1; RANCHO SANTA FE ROAD ASSESSMENT DISTRICT NO 86-5 PRELIMINARY CONSULTING SERVICESI
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RANCHO SANTA FE ROAD
ASSESSIYENT ; DISTRICT NO. 86-5
PRELIM INARY CONSULT1 NG SERVICES
3.4. AB#275-68- l TITLE:
MTG. 05/20/86
DEPT.ENG CIT
RECOMMENDED ACTION:
By motion, adopt Resolution No. J?=&-&,fl approving tlr
consultant agreements, reimbursement agreement and waj
agreement and finding that the petition has been signec
owners of more than 60% of the district.
ITEM EXPLANATION:
The City Council, at its meeting on April 1, 1986 unanimot approved proceeding with the formation of Assessment Disti
No. 86-5 for construction of certain public improvement: Rancho Santa Fe Road. Also the Council authorized
selection of consultants to assist the City Engineer's stafj preparing documents and processing the assessment district 1 all costs borne by the proponents of the district. SI
recommends approval of agreements with the following tE
consultants :
1. RANCHO SANTA FE ROAD ALIGNMENT STUDY
Willdan Associates for a lump sum fee of $23,500.00.
Three firms were evaluated by the Consultant Selec. Committee. Willdan is hereby recommended. Consul?
will study three alternative alignments from La Cc
Avenue to Melrose Avenue and make a recommendation.
2. RANCHO SANTA FE ACOUSTICAL ANALYSIS
Alexander Segal, Ph. D., for a lump sum fee
$2,000.00.
Recognized acoustic!al expert in San Diego County;
source due to extreme shortage of such professi expertise. Consultant will evaluate traffic noise
recommend mitigations measures to reduce impact
residents living near the road.
3. ASSESSMENT DISTRICT SPECIAL COUNSEL
F. MacKenzie Brown €or a fee of $100.00 per hour wi
maximum of $5,000.00 should the Assessment Dist
fail. If the distrj-ct is successful the fees will b
a percentage basis on a sliding scale from 1% to 8%.
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Page 2 of Aqenda Bill No, e r568-ft_l
The owner of property which amounts to more than 60% of all area in the proposed assessment district has submittf
petition requesting the construction of Rancho Santa Fe 1 from La Costa Avenue to Nelrose Drive.
The owner executed a reimbursement agreement. The propc
owner agrees to deposit sufficient funds to cover all costs
the City aqrees that the owner will be reimbursed from proceeds of bond sales if the district is successful.
The owner has also executed a waiver agreement which st(
that the owner does not acquire any vested development ric
by entering into the assessment district proceedings.
FISCAL IMPACT:
There will be no cost to the City for these services. property owner has deposited funds in the amount of $30,501
which will cover all costs of the consultant fees. If
assessment district is successful, these costs will
reimbursed to the property owner from the sale of bonds.
EXHIBITS:
1. Location Map.
2, Resolution No. F3-6 P accepting the Petition
Approving three consultant Agreements, a Reimburse]
Agreement, a Waiver Agreement and a petition and Wa for Assessment Proceedings.
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LOCATION MAP
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LEGEND
IMPROVEMENTS TO BE
CONSTRUCTED UNDIER
ASSESSMENT DISTFZICT PROCEEDINGS
VICINITY MI
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PROJECT NRME RANCHO SAN'TA FE ROAD PROJ-NO- 1
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RESOLUTION NO. 8568
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD, CALIFORNIA
MAKING FINDINGS ON PETITION AND
APPROVING AGREEMENTS -
WHEREAS, the CITY COUNCIL of the CITY OF C
CALIFORNIA has been presented by certain property ow
executed Petition requesting the construction of certai
improvements, together with appurtenances and appurtenant
connection therewith, said improvements to be cor
pursuant to the terms and provisions of the "P
Improvement Act of 1913", being Division 12 of the Sti
Highway Code of the State of California, in a Special AE
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I District known and designated as
ASSESSMENT DISTRICT NO. 86-5
(RANCHO SANTA FE ROAD)
(hereinafter referred to as the "Assessment Districl
WHEREAS, it has been reported that said Petition 1 the signatures of more than sixty percent (60%) of the
1 owners of the assessable area of the property to be SI I assessment for the proposed works of improvement. Said 1 meets the requirements of Section 2804 of Division
Streets and Highways Code of the State of California; an
WHEREAS, there has been submitted at this ti
Property Owner, in executed form, the following Agreemen
A. Assessment D is; t r i c t Re imbu rseme n t Agreement
B. Assessment District Initiation and Waiver Agre
The above Agreements are now ready for approval and exe
the Mayor and City Clerk:; and,
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WHEREAS, there has also been submitted to this Citl
for approval an Agreement for bond counsel services subn
F. Mackenzie Brown, Inc., an engineering contract
realignment study by Willdan Associates, and a proposal s
by Alexander Segal, Ph.D. for acoustic consulting servicf
Agreements are now read:y for approval and execution by 1
and City Clerk.
WHEREAS, BCE Development has deposited with thc
Carlsbad advanced funds in the amount of $30,500
aforementioned services; deposited to project revenue
number 330-810-1824-8740.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all 4
correct.
SECTION 2. That it is hereby found that said Pet
been signed by owners owning land constituting more t;
~ percent (60%) of all assessable land within the boundari '
j proposed Assessment District.
SECTION 3. That said Petition shall be filed ~ I 1 transcript of these proceedings and shall remain open
inspection.
SECTION 4. That said Petition meets the requir
Section 2804 of Division 4 of the Streets and Highways Co
State of California, and further proceedings and limitati
!I '1 the provisions of the "Special Assessment Inves Ii
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SECTION 5. That t.his City Council does hereby apF
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authorize for execution the following agreements:
A. Assessment District Reimbursement Agreement
B. Assessment District Initiation and Waiver Agree
C. Special Counsel Agreement with F. Mackenz:
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Brown, Inc.;
D. Engineering Riealignment Study with Willdan As!
and
E. Agreement for Acoustics Consulting Servic
I Alexander Segal, Ph.D.
PASSED, APPROVED and ADOPTED at a regular meetir
,1 City Council held on the 20th day of May
following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, and Pettine
NOES: None
ABSENT: Council Member Chick
L/L& d L
MARY H. ASLER, Mayor
ATTEST:
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I ALET~!~~?~RAUTENKRANZ, City Cprk i (SEAL)
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TO: CITY OF CARLSBAD
PETITION AND WAIVER FOR SPECIAL ASSESSMENT PROCEEDINGS
1. We, the undersigned, are the property owners of land shown on the map atte Exhibit "A" and made a part of this document.
2. We petition you to undertake special assessment proceedings for the fc described pub1 ic improvements to serve and benefit properties within the ries of ASSESSMENT DISTRICT NO. 86-5 (RANCHO SANTA RE ROAD):
A. Construction of street improvements along RANCHO SANTA FE ROAD from 1 AVENUE to the northerly intersection of MELROSE AVENUE. These imprc include grading, pavement, curb, gutter, sidewalk, drainage facilitie: mains, water mains, street lights and medians.
B. Widening of RANCHO SANTA FE ROAD along the east side from LA COSTA southerly for approximately 700 feet.
C. Widening of existing bridge over San Marcos Creek.
D. Construction of sound barrier walls at various locations.
E. Relocation of existing utilities as required.
F. Acquisition of necessary right-of-way to complete all items of work.
3. We under st and :
A. THAT the cost of the improvements will be charged to the land which from the improvements, including our land;
B. THAT a report will be prepared on the project, including plans and SF tions, a detailed cost estimate, and a division of the costs ai benefited parcels of land, and that you will conduct a public hearin report;
C. THAT the cost of engineering, legal and other incidental expenses included in the project cost;
D. THAT each property owner may pay his assessment either in cash interest or in installments with interest over a period of years.
4. We consent to other appurtenant work and acquisition that is, in the oi the legis1 ative body, necessary to properly effectuate said improvement! hereby expressly waive the proceedings required and all limitations 1 "Special Assessment Investigation, Limitation and Majority Protest Act ( being Division 4 of the Streets and Highways Code of the State of Califo
5. We hereby further request that all efforts and attempts be made so t proceedings and the Resolution of Intention can be adopted at the earlie
6. We agree to dedicate all required rights-of-way or easements necessarj works of improvement, all dedications to be accomplished before the or( the improvements.
7. We further acknowledge the City Council Policy Statement relating to a district financing and do acknowledge and agree that the Assessment proceedings do not guarantee any land development or land use rights.
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THE UNDERSIGNED HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THEY ARE THE OWNERS OF RECORD OF THE PROPERTY AS SET FORTH HEREIN.
NAME OF PROPERTY
DATE OF OWNER AND STREET LEGAL DESCRIPTION OR SIGNING ADDRESS COUNTY TAX PARCEL NO. SIGNATURE
s-9%%7 E. C. 6 + dfc.
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FILED IN THE OFFICE OF THE CITY CLERK THIS got4 DAY OF ly, CL*/] I ?8/6 1986. 1’
Said Petition represents 96.37 . % of the assessable area, as shown on + attached map.
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f CITY OF CARLSBAD
STATE OF CALIFORNIA
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RANCHO SANTA FEE ROAD ASSESSMENT DISTRICT OWNER'S LIST
Daon Corporation i123-010-12
P.O. Box 7080 2123-01 0-1 8
Newport Beach, CA 92660 i123-010-19
2123-010-27
;!23-010-28
2123-01 0-29
;!23-010-31
2!23-010-32
;!23-010-33
223-01 0-34
223-01 0-35
;!23-010-37
;!23-011-02
2!23-011-03
;!23-011-04
;!23-011-05
;!23-011-06
;!23-020-16
>! 2 3 - 0 2 0 -2 1
;!23-021-08
;!23-021-09
;!23-021-10
;!23-021-11
;!23-021-12
;!23-021-15
;!23-021-16
;! 23 -0 3 0-2 3
;! 2 3 -0 3 0 -3 6
l! 2 3 - 0 3 0 -40
;! 2 3 -0 3 0 -5 6
;!23-031-03
;!23-031-05
;!23-031-16
;!23-031-17
;!2 3 -0 3 2 -0 1
;! 2 3 -0 3 2 - 0 2
;!23-0 50-5 4
2 2 3 -0 5 0 - 5 9
2 2 3 -0 5 0 - 6 3
2 2 3 -0 5 0 -6 4
2 2 3 -0 5 0 -6 5
2 2 3 -0 5 0 -6 6
223-060-1 5 z! 2 3-060-49
223-071 -05
223-071 -07
223-071 -09
MAG Properties :! 2 3 -0 6 0 -3 1
C/O J. C. Mabee 2 2 3 - 0 6 0 -3 2
5075 Federal Boulevard
San Diego, CA 92102
UUUI'dUAKY MAP.
CITY OF CARLSBAQ
COUNTY OF SAN DIEGO,STATE OF CALIFORNIA
VICINITY MAP __I-
DESCRIPTION OF WORK,LEGEN I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
BOUNDARIES OF ASSESSMENT DISTRICT 86-5 CITY OF CARLSBAQ.
COUNTY OF SAM DIEG0,STATE OF CALIFORNIA.WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF CARLSBAD AT A REGULAR MEETING TWEREOF.HELD THIS HELD THIS OF 1986 PARCEL BOUNDARY
BY RESOLUTlON NO.
ASSESSMENT DISTRICT
7 PARCEL NO.
123-456-78 ASSESSOR'S NO. CITY CLERK. CITY OF CARLSBAD - STREET IMPROVEMENTS
I TO B€ CONSTRUCTED 1 FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF CARLSBAD THIS DAY OF 1986
NAP NOT A PART
CITY CLEAK.CITY OF CARLSBAD
FILED THIS DAY OF ,1888 IN BOOK Nr PAGE
OF UAPS Of ASSESSMENT DISTRICTS IN THE OFFICE Of: THE COUNTY RECORDER OF THE COUNTY OF SAM DIEG0,STATE OF CALIFORNIA.
COUNTY RECORDER
COUNTY OF SAN DIEGCI
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ASSESSMENT DISTRICT REfMBURSEMENT AGREEMENT
eday Of fi*m THIS AGREEMENT is made and entered into this by and between the CITY OF CARLSBAD, a Pub IC gency of (hereinafter referred to as "City"), and BCE DEVELOPMENT, INC., (hereinafter to as "Property Owner").
RECITALS =-Y ----1--
A. Property Owner owns certain real property that at this time is proposc included within the boundaries of a proposed special assessment distril the City would be conducting proceedings under the provisions of the "lv Improvement Act of 1913", being Division 12 of the Streets and Highways the State of California, said special assessment district hereinafter k designated as
ASSESSMENT DISTRICT NO. 86-5
(RANCHO SANTA FE ROAD)
(hereinafter referred to as the "Assessment District").
B. Property Owner is 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 upon a
ful confirmation of assessments and sale of bonds.
The parties hereto wish to enter into an Agreement to provide for the adv of funds and reimbursement or credit for monies previously advanced. C.
AGREEMENT -.-L-L---+-
The parties hereto, for mutual consideration, agree as follows:
SECTION 1. The Property Owner shall advance monies to the City upon demanc all preliminary costs for consultants and staff administration r for the formation of the special Assessment District, and if sa are not advanced, the consulting services will not proceed. agrees to keep records to clearly show the amount of monies advz preliminary engineering and legal expenses and any other prc consulting or administrative services, and upon completion proceedings and a successful sale of bonds, Property Owner can following options:
a. All monies advanced shall be reimbursed in cash;
b. All monies advanced shall be applied as a credit upon its
c. A combination of the above.
assessments.
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SECTION 2. The costs and expenses advanced shall pay for the following servic
A. Bond Counsel (F. Mackenzie Brown, Inc.)
B. Engineer (Willdan Associates)
C. Acoustic Consultant (Alexander Segal , Ph.0.)
D. City Administrative Time.
For the scope of the work and terms and conditions of the contr
the above referenced consultant or consultants, reference is mad
contracts on file in the Office of the City Clerk.
SECTION 3. The monies to be advanced shall be deposited and advanced to the
the time of execution of this Agreement in ths amount of $30
Said monies shall be used to pay for preliminary costs and expe
bond counsel, as well as to pay for the realignment study
Engineer, and acoustic consulting services.
If additional monies are necessary, the City shall make dem(
Property Owner and Property Owner shall immediately thereafter
fifteen (15) working days, deposit said monies with the City to c
balance of the costs and expenses.
This Agreement is intended to cover only preliminary legal expen
costs and expenses for said realignment study, and for acoustic
ing services. As further work is required and needed, a supl:
Assessment District Reimbursement Agreement will be executed.
SECTION 4. If the proceedings are not successful and are abandoned prior
successful sale of bonds, there will be no obligation on the
reimburse Property Owner for any costs and expenses advanced,
City does agree to the following:
A. Reimbursement of any surplus monies the City has on deposit i
of those needed for final payment of consulting servicei
administrative time; and,
reimbursement.
B. All other funds previously paid shall not be subject to
SECTION 5. All plans, specifications, and other preliminary documentc
prepared shall become the property of the City, regardless as tc
the Assessment District is actually formed and confirmed.
This Agreement does- not in any way create an obligation or vest
the City will decide to proceed with a special assessment distr
the City expressly reserves the right to abandon the proceedings
time prior to the conclusion of the public hearing.
SECTION 6.
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SECTION 7. This Agreement shall be binding on the successors and assigns of parties hereto.
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IN WITNESS WHEREOF, the parties have executed .-. . first hereinabove written. this Agreement on the day and
CITY OF CARLSBAD
ATTEST:
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CITY OF CARLSBAE STATE OF CALIFORNIA
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ASSESSMENT DISTRICT INITIATION AND WAIVER AGREEMENT
, 1986, IA, a munici + corpora ion (here THIS AGREEMENT, entered into this day of between the CITY OF CARLSBAD, referred to as "City") and BCE DEVELOPMENT, INC., (hereinafter referred "Property Owner").
WHEREAS, Property Owner is expressly petitioning and requesting that City i special assessment proceedings pursuant to the provisions of the "Municipal 1 ment Act of 1913" (Division 12 of the Streets and Highways Code of the' S California) to form a special assessment district for the purpose of financ constructing certain public improvements that will be of a benefit to the I owned by Property Owner, said special assessment district to be known and de as ASSESSMENT DISTRICT NO. 86-5 (RANCHO SANTA FE ROAD) ("Assessment Distrcct"
WHEREAS, City is willing to acquiesce and to undertake proceedings to fc special Assessment District pursuant to the request of Property Owner, an1 further acknowledged by both City and Property Owner that City has not pron initiated the special assessment proceedings and it is further acknowledc Property Owner has not been required by City to utilize said special as district financing and that alternate forms of financing the public facilil available to Property Owner; and,
WHEREAS, it is further acknowledged by both City and Property Owner that cei the costs and expenses for the special assessment proceedings will be assesse benefiting properties owned by Property Owner; and,
WHEREAS, it is further acknowledged by both City and Property Owner that by ing the proceedings for this Assessment District that the Property Owner I have any present and/or future vestings to land use or change of land use, the Assessment District proceedings, subsequent confirmation of assessn resulting liens do not in any way guarantee any rights to develop said prope Property Owner is a volunteer to the initiation of said proceedings; and,
WHEREAS, it is further acknowledged that City is developing at this time Management and Public Facilities Management System, which program may r( significant changes in existing land use and densities; and,
WHERES, it is also acknowledged that an initiative petition is being circulat considered by the voters in November, and if adopted, said initiative would 1 residential units to be constructed within the City to 1,000 residential units in 1987, 750 residential dwelling units in 1988, and 500 residential units each year thereafter through 1996; and
WHEREAS, the property owned by Property Owner (the "Property") and include the boundaries of this Assessment District is that property as set fl described in the attached, referenced and incorporated Exhibit "A".
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
SECTION 1. The above recital s are a1 1 true and correct.
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SECTION 2. Property Owner acknowledges that City is developinq a Growth Manag Public Facilities Management System, which may result in si changes in exising land uses and could reduce densities, and it i acknowledged that all residential property within the Propert: subject to any successful initiative land development requirements
SECTION 3. Property Owner acknowledges that through Property Owner's rec initiation of proceedings and City's acquiescence to the proceedi Property Owner does not gain or deve?op any vested rights tc development, land use or zone change to the Property.
Property Owner hereby waives any right, entitlement or claim whict Owner has or may have resulting from any public infra-structure 1 constructed utilizing assessment district financing.
SECTION 4.
SECTION 5. Neither the establishment of an assessment district, the levy c ments, the issuance of bonds, the payment of assessments, nor z nation thereof, shall create in the Property Owner any vested entitlement to develop the Project either in accordance with the land use of the Property or any other particular level, type or
of land use.
SECTION 6. Property Owner hereby waives any cause of action and agrees tc from bringing suit against the City, its officers and/or employee1 to enforce any right, entitlement or claim or seeking montary ( any other form of equitable or other relief whatsoever, relat formation of the Assessment District.
SECTION 7. This Agreement may not be amended except by written instrument e the parties hereto.
SECTION 8. The terms and provisions of this Agreement shall be binding inure to the successors, assigns and beneficiaries of the parties
SECTION 9. Upon execution of this Agreement by the parties hereto, the ( cause this Agreement to be recorded in the Office of the County R the County of San Diego.
SECTION 10. In the event that any legal proceedings are instituted by tt enforce any term or provision of this Agreement, the City shall t to recover its attorney's fees and costs from the Property Owner
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a. .. IN WITNESS WHEREOF, this Aqreement has been executed by the parties hereto o
and year first written above.
CITY OF CARLSBAD
ATTEST: -/?-
ALETHA L. RAUTENKRANZ, City C erk
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SPECIAL COUNSEL AGREEMENT -
THIS AGREEMENT is made- and entered into this day of by and between the CITY OF CARLSBAD, CALIFOspublic corporati& (hen referred to as "City"), and F. MACKENZIE BROWN, INC., (hereinafter referre llCounseitl).
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as folll
SECTION 1. That Counsel shall perform legal services in connection with the assessment proceedings and bond issuance in the matter of a special assessment district; known and designated as
(RANCHO SANTA FE ROAD) ASSESSMENT DISTRICT NO. 86-5
(hereinafter referred to as the "Assessment District") under pro conducted pursuant to the provisions of the "Municipal Improvemen 1913", being Division 12 of the Streets and Highways Code of the Cal iforni a.
Said services shall include:
A. Review of the dedication and acquisition of the streets and c or other property in which proposed work is to be performed;
B. Examination of the plans and specifications for the propos the boundary map and assessment diaqram of the Assessment [ the assessment roll and bonds, and the giving of instruct advice in connection with the foregoing;
C. Recomnendations as to procedure, schedules and actions that : conducted and taken;
D. Preparation of all resolutions, notices, contracts, bond fo 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 an!
G. Make recomnendations ais to sale of bonds, if desired;
H. Perform legal services, if required, pursuant to the provi the "Special Assessnnent Investigation, Limitation and Protest Act of 1931", being Division 4 of the Streets and Code of the State of California;
I. Issuance of an approving legal opinion attesting to the va
where attendance is requested;
the proceedings and the issuance of the bonds.
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 tiy Counsel, by separate agreement, if d
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SECTION 2. That the City shall perform as follows:
A. Furntsh to Counsel such maps, records, title searches, a documents and proceedings, or certified copies thereof, as ai able and may be reasonably required by Counsel in the perfoi the services hereunder;
Pay to Counsel a fee computed on the confirmed assessment as
ONE PERCENT (1%) of the first $1,000,000; ONE-HALF PERCENT ( 1/2XI) 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.
B.
C. Payment of the above-referenced fee shall be as follows:
All due and payable upon receipt of money from the sale and of bonds to the successful underwriter.
SECTION 3. In the event the proceedings are terminated or abandoned prior t tion, Counsel shall be paid a reasonable fee for services rer date based on an hourly rate of $100.00 per hour, not t $5,000.00; however, if the proceedings are abandoned prior to c time of a public hearing under the provisions of the "1931 Act", shall not exceed $3,000 .OO.
SECTION 4. That this Agreement may be terminated by either party hereto b. written notice thereof to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be ex1 the day and year first hereinabove wr'itten.
I' C ITY 'I CITY OF CARLSBAD
By: -. OR CITY OF CARLSBAD STATE OF CALIFORNIA
ATTEST:
3 CITY OF CARLSBAD STATE OF CALIFORNIA
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- AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT, made andl entered into as of the da?
, 19 , by and between the CITY OF CARLSBAD
municipal corporation, hereinafter referred to as IICity", and WILL
ASSOCIATES, hereinafter referred to as "Consultant".
KEC ITALS -
City requires the services of an engineering consultant to provide
necessary engineering services for preparation of conceptual alignments
Rancho Santa Fe Road north of La Costa Avenue; and
Consultant possesses the necessary skills and qualifications to prc
the services required by City;
NOW, THEREFORE, in consideration of these recitals and the mt
covenants contained herein, City and a Consultant agree as follows:
1. CONSULTANT'S OBLIGATIONS;
Scope Of Work:
A. Develop three horizontal alignments for the Rancho Santa Fe
corridor north of La Casta Avenue. The alignments will be
into the existing centerline for Rancho Santa Fe Road south a
Costa Avenue and north of Melrose Drive and take into acc
those utilities which are identified during the research and
gathering phase of the overall design project. These alignrt
can be prepared utilizing either existing available County top0
scale with 5 foot contours or we can complete the alignment st(
on new aerial top0 preferably at 100 scale with 2 foot contours)
B. Develop a vertical alignment including superelevation diagram:
necessary, for each alternative alignment through the project ar
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C. Prepare- a preliminary cost and quantity estimate for (
alternative alignment, for completion of the work, as shown in
alignment study.
D. Prepare a brief report outlining each alternative, the
associated with the alternatives and the benefits of each. Incli
with this report would be a reduced plan view and single
profile of each proposed alignment.
E. Attend up to two City Council or Planning Commission meeting
discuss the results of this alignment study.
2. CITY OBLIGATIONS
The City shall:
A. Make available upon request any existing as-built plans, su
data, right-of-way easements, and City Standards in its possess
B. Supply blank mylar sheets (with City title block and bord
necessary for these projects.
C. Provide copies of the Engineering Soils Reports for this project.
D. Provide review of Conslultant's submittals in accordance witk
agreed upon schedule.
3. PROGRESS AND COMPLETION
The work under this Contract will begin within ten (IO) days i
receipt of notification to proceed 'by the City and be completed within 5
(60) days of that date. Extensions of time may be granted if requestec
the Consultant and agreed to in writing by the City Engineer. In consid
tion of such requests, the City Engineer will give allowance for docume
and substantiated unforeseeable and unavoidable dela.ys not caused by a
of foresight on the part of the Consultant, or delays caused by City inac
or other agencies' lack of timely action.
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4. FEES TO BE-PAID TO CONSULTANT
The lump sum fee payable according to Paragraph 5, "Payment of Fe
shall be $23,500.00. No other compensation for services will be allc
except those items covered by supplemental agreements per Paragrapk
"Changes in Work". It should be emphasized that all fees payable under
contract are provided in the form of developer deposits to underwrite
initial phase of the assessment district or from proceeds from the salt
bonds for the assessment district.
5. PAYMENT OF FEES
Final payment of fees shall be upon delivery of approved final dl
ments. Monthly progress payments may be made based upon satisfac
evidence that the work is progressing satisfactorily as determined by
City's Project Manager.
6. FINAL SUBMISSIONS
Within five (5) days of completion and approval of the report,
Consultant shall deliver the final report to the City.
7. CHANGES IN WORK
If, in the course of this Contract and design, changes seem meritec
the Consultant or the City, and informal consultations with the other p
indicate that a change in the conditions of the Contract is warranted,
Consultant or the City may request a change in Contract. Such chai
shall be processed by the City in the following manner: A letter outli
the required changes shall be forwarded to the City or Consultant to in
them of the proposed changes along with a statement of estimated change
charges or time schedule. After reaching mutual agreement on the prop(
a supplemental agreement shall be prepared by the City and approved by
City Council. Such supplemental agreement shall not render ineffectivl
invalidate unaffected portions of the agreement. Changes requiring immec
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action by the Consultant or City shall be ordered by the City Engineer
will inform a principal of the Consultant's firm of the necessity of such ac
and follow up with-a supplemental agreement covering such work.
8. DESIGN STANDARDS
The Consultant shall prepare the report in accordance with the de:
standards of the City of Carlsbad and recognized current design practic
Applicable City of Carlsbad Standards and Regional Standards shall be L
where appropriate. Copies of such standards shall be obtained from the (
of Car lsbad.
9. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or reta
any company or person, other than a bona fide employee working for
Consultant, to solicit or secure this agreement, and that Consultant has
paid or agreed to pay any company or person, other than a bona
employee, any fee, commission, percentage, brokerage fee, gift, or any o
consideration contingent upon, or resulting from, the award or making
agreement. For breach or violation of this warranty, the City shall have
right to annul this agreement without liability, or, in its discretion
deduct from the agreement price or consideration, or otherwise recover,
full amount of such fee, commission, percentage, brokerage fee, gift,
contingent fee.
10. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the State and Federal Ordina
regarding nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Consultant's failure to prosecute, deliver, or per
the work as provided for in this Contract, the City may terminate
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Contract for nonperformance by notifying the Consultant by certified ma
the termination of the Contract. The Consultant, thereupon, has five
working days to deliver said documents owned by the City and all wor
progress to the City Engineer. The City Engineer shall make a determinz
of fact based upon the documents dlelivered to City of the percentage of i
which the Consultant has performed which is usable and of worth to the
in having the Contract completed. Based upon that finding as reportec
the City Council, the Council shall determine the final payment of
Contract. Final payment shall be in compliance with the Code of Fec
Reg u la ti on s .
12. DISPUTES
If a dispute should arise regarding the performance of work under
agreement, the following procedure shall be used to resole any questio
fact or interpretation not otherwise settled by agreement between par
Such questions, if they become identified as part of a dispute among per
operating under the provisions of this Contract, shall be reduced to wr
by the principal of the Consultant or the City Engineer. A copy of
documented dispute shall be forwarded to both parties involved along
recommended methods of resolution which would be of benefit to both par
The City Engineer or principal receiving the letter shall reply to the I(
along with a recommended method of resolution within ten (10) days. If
resolution thus obtained is unsatisfactory to the aggrieved party, a I(
outlining the dispute shall be forwarded to the City Council for their re:
tion through the Office of the City Manager. The City Council may ther
to consider the directed solution to the problem. In such cases, the actic
the City Council shall be binding upon the parties involved, although not
in this procedure shall prohibit the parties seeking remedies available to
at law.
13. RESPONSIBILITY OF THE CONSULTANT
The Consultant is hired to render professional services of align
studies for Rancho Santa Fe Road and any payments made to Consultanl
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compensation solely for such services. Consultant shall certify as to
correctness of all designs and sign all plans, specifications, and estim
furnished with Registered Civil Engineer's number.
14. SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upon tendering tt-
(30) days written notice to the other party. In the event of such suspen
or termination, upon request of the City, the Consultant shall assemble
work product and put same in order for proper filing and closing and del
said product to City, In the event of termination, the Consultant shal
paid for work performed to the termination date; however, the total shall
exceed the guaranteed total maximum. The City shall make the final de
mination as to the portions of tasks completed and the compensation tc
made. Compensation to be made in compliance with the Code of Fec
Reg u la t ions.
15. STATUS OF THE CONSULTANT -
The Consultant shall perform the services provided for hereir
Consultant's own way as an independent Contractor and in pursuit of Cor
tant's Independent calling, and not as an employee of the City. Consu
shall be under control of the City only as to the result to be accompli
and the personnel assigned to the project, but shall consult with the Cit
provided for in the request for prclposal.
16. CONFORMITY TO LEGAL REQUIREMENTS
The Consultant shall cause all drawings and specifications to confor
all applicable requirements of law: Federal, State and local. Consultant
provide all necessary supporting documents, to be filed with any ager
whose approval is necessary.
The City will provide copies of the approved plans to any c
agencies.
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17. OWNERSHIP OF DOCUMENTS
All plans, - studies, sketches, drawings, reports, and specification!
herein required are the property of the City, whether the work for w
they are made be executed or not. In the event this Contract is termina
all documents, plans, specifications, drawings, reports, and studies shal
delivered forthwith to the City. Consultant shall have the right to make
(1) copy of the plans for his/her records.
18. HOLD HARMLESS AGREEMENT
The City, its agents, officers, and employees shall not be liable for
claims, liabilities, penalties, fines, or any damage to goods, properties
effects of any person whatever, nor for personal injuries or death caused
or resulting from, or claimed to have been caused by, or resulting from,
act or omission of Consultant or Consultant's agents, employees, or repre
tatives. Consultant agrees to defend, indemnify, and save free and harn
the City and its authorized agents, officers, and employees against any 01
foregoing liabilities or claims of any kind and any cost and expense th;
incurred by the City on account of any of the foregoing liabilities, inch
liabilities or claims by reason of alleged defects in any plans and speci
tions, unless the liability or claim is due, or arises out of, solely to
City's negligence. The Consultant agrees to obtain and maintain in e
errors and omissions insurance in the amount of $2,000,000.
19. ASSIGNMENT OF CONTRACT
The Consultant shall not assign this Contract or any part thereof or
monies due thereunder without the prior written consent of the City.
20. SUBCONTRACTING
If the Consultant shall subcontract any of the work to be perfo
under this Contract by the Consultant, Consultant shall be fully respon
to the City for the acts and omissions of the Consultant's subcontractor
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of the persons either directly or indirectly employed by the subcontractor,
Consultant is for the acts and ornissions of persons directly employed
Consultant. Nothing contained in this Contract shall create any contrac
relationship between any subcontractor of Consultant and the City.
Consultant shall bind every subcontractor and every subcontractor o
subcontractor by the terms of this Contract applicable to Consultant's w
unless specifically noted to the contrary in the subcontract in ques
approved in writing by the City.
21. PROHIBITED INTEREST
No official of the City who is, authorized in such capacity on behal
the City to negotiate, make, accepting, or approving of any architectu
engineering inspection, construction or material supply Contractor, or
subcontractor in connection with the construction of the project, shall be(
directly or indirectly interested personally in this Contract or in any
thereof. No officer, employee, architect, attorney, engineer or inspecto
or for the City who is authorized in such capacity and on behalf of the
to exercise any executive, supervisory, or other similar functions in coni
tion with the performance of this Contract shall become directly or indire
interested personally in this Contract or any part thereof.
22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent,
employee of the City, either before, during or after the execution of
Contract, shall affect or modify any of the terms or obligations he
contained nor such verbal agreement or conversation entitle the Consultar
any additional payment whatsoever under the terms of this Contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of f'aragraph 18, "Hold Harmless Agreeme
all terms, conditions, and provisions hereof shall insure to and shall
each of the parties hereto, and each of their respective heirs, execul
administrators, successors, and assigns.
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24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year 1
above written.
25. CONFLICT OF INTEREST
The Consultant shall file a Conflict of Interest Statement with the (
Clerk of the City of Carlsbad. T'he Consultant shall report investments
interests in real property.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
WI LLDAN ASSOCIATES CITY OF CARLSBAD:
MARY H. CASLER, MAYOR
Title r I
APPROVED AS TO FORM: ATTESTED:
VINCENT F. BIONDO, JR. ALETHA L. RAUTENKRA
City Attorney City Clerk
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2
1200 ELM AVENUE
CARLSBAD, CA 92008-1989
Office of the City Engineer
-- Citp of darls'bab
May 5, 1986
ACOUSTICAL ANALYSIS STUDY I'OR ASSESSMENT DISTRICT NO- 86-5
CONSULTANT AGREEUENT LETTER
Alexander Segal, Ph.D.
5222 Trojan Avenue, /I314
San Diego, CA 92115
This is to confirm that Alexander Segal, Ph.D. will provide
study of Acoustical Analysis to the City of Carlsbad for
lump sum fee of TWO THOUSAND AND N0/100 DOLLARS ($2,000.00
Alexander Segal, Ph.D., shall hereinafter be referred to
"Consultant".
The Consultant's scope of work is to provide an acoustic
analysis, addressing traffic noise impacts, along Rancho San
Fee Road to the existing residences as illustrated on t
topography cross-sections provided by the City of Carlsb
Planning Department. The area to be analyzed is located alo
Rancho Santa Fe Road between Olivenhain Road and Melro
Avenue in the City of Carlstiad.
The traffic noise impacts will be determined by the theore
ical noise prediction calculation techniques (FHWA-RD-77-1
Traffic Noise Prediction Model modified by Caltrans f
California Traffic Conditions) for several traffic fl
alternatives as determined by the City Engineer. Applicatio
of the theoretical noise prediction techniques will be ver
fied by the field noise level measurement.
The study will specify essential noise mitigation measur
capable of mitigating traffic noise impacts to an annual CN = 65 ds. at the residences shown on the cross-sectia
provided by the City of Carlsbad.
I
r.i
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Alexander Segal, Ph.D.
Consultant Agreement Letter May 5, 1986 Page: 2
-
The Consulfant shall perform the services provided for herei
in Consultant's own way as an independent contractor and i
pursuit of Consultant's independant calling, and not as a
employee of the City. Consultant shall be under control o
the City only as to the resullt to be accomplished.
/ / - F. D. ALESHIRE ALEXANDER SEGAL, Ph.D. DATE
City Manager