HomeMy WebLinkAbout1987-04-14; City Council; 8559-2; CANNON RD ASSESSMENT DISTRICT- 3
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w-! CIWOF CARLSBAD - AGEN-BILL e * AB# RCq9 - 4 TITLE: CANNON ROAD ASSESSMENT DISTRICT AGREEMENT FOR MTG.O4/14/87
DEPT. AD ASSESSMENT ENGINEERING SERVICES CITY MGR.~
RECOMMENDED ACTION:
Adopt Resolution No. 90/6 approving the 7th Supple- mental Agreement with NBS/Lowry for assessment engineering services for Cannon Road and appropriating funds.
ITEM EXPLANATION
Four property owners have requested the initiation of the Cannon Road Assessment District. The owners have
submitted the required petition, agreements and deposits.
NBS/Lowry has a master agreement with the City to perform assessment engineering services. They have considerable experience with Cannon Road having previously prepared numerous alternatives and two completed Debt Limit Reports.
NBS/Lowry will provide all services required to confirm the district.
A preliminary spread will be presented to the property owners on April 15. The concept will then be presented to the Policy 33 Project Review Committee and then to the
City Council with recommendations on how to proceed with
the district.
FISCAL IMPACT
NBS/Lowry will perform all the required services for a fixed, lump sum fee of $50,000.00. The property owners
have deposited $65,250.00 with the City to cover all costs including the $50,000.00 to NBS/Lowry.
EXHIBIT
1. Resolution No. 9016 approving the 7th Supplemental
Agreement with NBS/Lowry for assessment engineering
services for Cannon Road and appropriating funds
(Agreement attached).
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9016 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE SEVENTH
SUPPLEMENTAL AGREEMENT TO AN AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND THE FIRM OF NBS/LOWRY
FOR CONSULTING ASSESSMENT ENGINEERING SERVICES
The City Council of the City of Carlsbad, California
does hereby resolve as follows:
1. The seventh supplemental agreement to an agreement
between the city of Carlsbad and the firm of NBS/Lowry for
consulting assessment engineering services is hereby approved.
2. The Mayor of the City of Carlsbad is hereby
authorized and directed to execute such agreement ,for and on
behalf of the City of Carlsbad.
3. Funds in the amount of $65,250.00 have been
received from developers and are hereby appropriated for this
project in account number 330-820-1840-3188.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the Carlsbad City Council held on the 14th day of April ,
1987 by the following vote, to wit:
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j AYES: Council Members Lewis, Kulchin, Pettine, Mamaux, and Larso
NOES : None
ABSENT: None /Q 1 / //
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CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTEN-KRANZ, City Cyerk I,
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7TH SUPPLEMENTAL AGREEMENT
TO AGREEMENT FOR
ASSESSMENT ENGINEERING SERVICES DATED MARCH 13, 1985
(MASTER AGREEMENT)
THIS 7TH SUPPLEMENTAL AGREEMENT to the above described agree-
ment as approved by the City Council of the City of Carlsbad
on March 13, 1985, hereinafter referred to as "Master Agree-
ment", is made and entered into as of the && day of
, 1987, by and between CITY OF CARLSBAD,
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a municipal corporation, hereinafter referred to as "City"
and NBS/LOWRY, INCORPORATED, hereinafter referred to 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 Cannon Road Assessment District; and
The City Council directed the City staff to prepare documents
for the establishment of the Cannon Road Assessment District.
NOW, THEREFORE, City and Consultant mutually agree to supple-
ment the above referenced agreement as follows:
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1. CONSULTANT'S OBLIGATION
The following paragraphs are intended to encompass all
duties and responsibilities of the "Engineer of Work" and the
"Assessment Engineer," as such terms are customarily used in
proceedings under the Municipal Improvement Act of 1913 and
the Improvement Bond Act of 1915. In addition, Consultant
shall be responsible for providing public information with
regard to the Cannon Road Assessment District for City.
Consultant shall perform all work necessary to assist
the City Engineer in processing the Cannon Road Assessment
District.
following as directed by the City Engineer:
The work shall include but not be limited t,o the
a. Mapping - Prepare maps (boundary maps and assessment
diagrams) and related documents required under the Municipal
Improvement Act of 1913.
b. Engineer's Report and Investigation Report - Prepare
the Engineer's Report required by said Act and the 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 assess-
ment number and the assessor's parcel number,
legal description, mailing address of owner,
value of land and improvements, and amount of
assessment.
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An alphabetical list of the record owners of
all parcels within Assessment District.
d. Printing and Mailing of Notices - In connection with
formal hearings to be held, arrange for printing and mailing
of notices prepared by the bond counsel.
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 posting
as required by said Act. Remove posted notices promptly after
hearings .
Prepare and arrange
e. Testing of Assessment Criteria - Review all alterna-
tive 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 perio-
dic basis for review and testing of assessment criteria.
f. Bond Sale Information - Provide information necessary
for Lhe 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. Iriformal Meetings - Attend all informal meetings or
hearings helci for the purpose of disseminating incormation to
the public. Prior to such msetings or hearings, prepare and
assemble informatirm fcr purposes of making a. complete and
factual presentation. Prepare sufficient copies of written
information for public distribution.
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h. Formal Hearings - Attend all hearings he16 under
said Act, fully prepared to present all necessary testimony
and to respond to all public comments.
prepare a hooklet for each member of the City Council and each
staff member consisting of a proposed agenda, Engineer's RepGrt,
summary of construction bids, tabulation of final assessment
on each parcel c-pf land, alphabetical list of ownership, and
genertl jnformation.
late all protests and file a written summary thereof with the
City Clerk.
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Prior to the hearing,
Prior to conclusion of the hearing, tabu-
Filing Assessment Documents - After the final hear-
ing 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, Treasurer
or Paying Agent, and other City and County officials.
Final Assessment Notices - Prepare final assessment j.
notices and arrange for mailing said notices to property owners,
as requested and confirmed by the City Council at the hearing.
k. Unpaid Assessment List and Bonds - After expiration
of the cash collection period, prepare a paid and unpaid list
of assessments.
1. Treasurer's Report - Assist in the preparation of a
Treasurer's Report of unpaid assessments.
2. ADDITIONAL SERVICES
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When authorized in writing by the City Assessment Engi-
neer, Consultant shall perform or obtain from consultants or
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subcontractors approved by City, additional services in con-
nection with the Project not otherwise provided for in this
Agreement. Said additional services shall be paid for by
City as provided in Section 5 of the Master Agreement.
3. PERIOD OF SERVICE
Work shall begin within ten (10) calendar days after
receipt of notification to proceed by the City Assessment
Engineer. Work shall proceed in a diligent manner to conclu-
sion according to a schedule approved by the City Assessment
Engineer.
ment Engineer in accordance with Section 3 of the Master Agree-
ment.
Extensions of time may be granted by the City Assess-
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
Fifty Thousand Dollars ($50,000).
Upon the execution of this Agreement, any payments made
by or billed to City by Consultant on an hourly rate basis
pursuant to the Master Agreement for this Assessment District
shall be credited to and be considered as included in the
lump sum fee set forth above in this Section.
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IN WITNESS WHEREOF, this Supplement to Agreement dated
March 13, 1985, has been executed by the parties through their
duly authorized representatives as of the date first herein-
above written.
NBS/LOWRY, INCORPORATED
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Title: eda~r-lc?
APPROVED AS TO FORM: ATTESTED :
By : ;tQCit?-Akey e - LJ./s.8+.
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