HomeMy WebLinkAbout1989-02-14; City Council; 9855; CONSULTANT AGREEMENTS FOR COMMUNITY FACILITIES DISTRICTSt *<
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MTG. 02/7v/89 CONSULTANT AGREEMENTS FOR an
DEPT.+- ClTl COMMUNITY FACILITIES DISTRICTS
RECOMMENDED ACTION:
Adopt Resolution No. 99-92 approving the 11th Supplemental Agreem NBS/Lowry for services in processing Community Facilities Districts.
ITEM EXPLANATION:
On January 10, 1989 Council directed staff to investigate the use of C Facilities District (Mello-Roos) as a means to implement the City' Management Plan and to hire appropriate consultants to assist. Cour authorized the transfer of $75,000.00 for this purpose.
Staff has negotiated an Agreement with the firm of NBS/Lowry for servi' include data gathering, developing cost estimates, benefit deterr determining the amount of the special tax and developing annual procedures. Staff had previously selected this firm as the best qual the City has a Master Agreement with them to perform assessment en! work.
Staff has also negotiated an Agreement with the firm of Brown and I legal services in connection with these districts. This Agreement hand1 ed administratively .
FISCAL IMPACT:
Because of the indeterminate nature of the current work, the Agreement calls for work to be done on a time and materials basis ra a fixed fee. The total estimated cost of the two Agreements is not k will not exceed the $75,000.00 available for the work.
Funds in the amount of $75,000.00 are available in Account Number
1310-2479.
EXHIBIT:
1. Resol uti on No. 85 42- approving the 11th Supplemental Agree NBS/Lowry for services in processing Community Facilities Dis
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RESOLUTION NO. 89-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING THE llTH SUPPLEMENTAL AGREEMENT TO AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE FIRV OF NBS/LOWRY FOR CONSULTING ASSESSMENT ENGINEERING SERVICES.
The City Council of the City of Carlsbad, California does he
as follows:
1. That 11th Supplemental Agreement to an Agreement betwee
Carlsbad and the firm of NBS/Lowry for consulting assessment enginee
is hereby approved.
2. The Mayor of the City of Carlsbad is hereby authorized
to execute such Agreement for and on behalf of the City of Carlsbac
3. Funds in the amount of $75,000.00 are available in A(
001-840-1310-2479.
PASSED, APPROVED AND ADOPTED at a regular meeting of the f
Council held on the 14th day of February , 1989 by the follo
wit:
AYES: Council Members Lewis, Kulchin. Pettine, Mamaui
NOES: None
ABSENT: None
ATTEST:
e 0
11TH SUPPLEMENTAL AGREEMENT
TO AGREEMENT FOR
ASSESSMENT ENGINEERING SERVICES
DATED MARCH 12, 1985
(MASTER AGREEMENT)
THIS llTH SUPPLEMENTAL AGREEMENT to the above-descrj
agreement as approved by the City Council of the City
Carlsbad on March 12, 1985, hereinafter referred to
"Master Agreement", is made and entered into as of the
day of , 1989, by. and between CITY
CARLSBAD, a municipal corporation, hereinafter referred tc
"City" and NBS/LOWRY INCORPORATED, hereinafter referred tc
"Consultant".
-
RECITALS
City requires the services of an assessment engineei
consultant to assist in processing of Community Facilil
Districts (CFDs) within the City pursuant to the provis!
of the Mello-Roos Community Facilities Act of 1982.
Consultant has prepared a Feasibility Study d;
November 10, 1988 to determine the preliminary feasibilit:
forming a CFD. The CFD would encompass the vacant li
within the City and/or school district boundaries. The (
desires to authorize a levy of special taxes within the (
to assist in the payment for certain facilities identifiec
the Feasibility Study. The total cost of the pul
facilities to be financed is approximately $218 million I
the cost of other circulation facilities.
Now, therefore, City and Consultant mutually agree
supplement the above-referenced agreement as follows:
1. CONSULTANT'S OBLIGATION
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The following tasks are typically performed by (
sultant and encompass all duties and responsibilitie:
a special tax consultant in developing a special tal
outlined in the Mello-Roos Community Facilities Act
1982.
A. Attend financing strategy meetings and put
information meetings with City and school st;
bond counsel, financial consultant, bond unc
writer, property owners and developers.
B. Collect and analyze detailed information on
vacant lands to be included in the CFDs consisl
of but not limited to the following:
1) Identification of property including
acreage to be developed, proposed land 1
and benefits from the CFDs.
2) Refine and finalize the development schedi
by land use.
3) Develop a data base including assess(
parcel number, owner's name and address, i
of parcel, land use and benefit identifica.
by codes.
4) Collect and evaluate engineering, plann
legal, financial and economic data wl
relate the proposed financing program.
5) Determine the benefit to each parcel by
improvements to be provided within (
benefit zone.
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6) Refine all cost estimates and infla'
factors. Prepare a bond sale schedule b,
on projected need.
C. Develop alternative methods for establishinr
'special tax giving consideration to the followi:
1) The improvements to be financed.
2) The debt per acre for each improvement by
use.
3) The total debt per acre by land use.
4) Ratios of total debt per acre by land use.
5) Maximum vacant land tax.
6) Equating total debt per acre per land USE
annual special tax schedule.
D. Prepare cash flow analysis of alternative spec
tax schedules including the following:
1) Refine and finalize all fund balai
available as of July 1, 1989 as (
contributions to the CFDs.
2) Finalize credits to be given on existing :
to lands within the CFDs.
3) Determine the cash flow from fee payments :
areas outside of CFDs.
0 a
E. Review financial Feasibility and Safeguards to
City giving consideration to the following:
1) Limiting the total tax to a maximum percen
land and improvement value.
2) Providing a minimum value to total debt ra
3) Providing disclosures to future buyers.
4) Providing a simple, layman's interpretatio
the special tax.
5) Protection to issuing agency that suffic
revenue will be developed annually to
principal and interest.
6) An escalator clause for long term projects
7) Flexibility for land use changes.
F. Develop annual billing procedures to include
following:
1) Establish a schedule with cut-off dates
the annual billing procedure.
2) Determine a procedures for identif
building permits issued during the procee
year by assessors parcel number.
3) Determine procedures for compiling buil
areas of commercial and industrial use.
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4) Review procedures, correlate procedures \
tax formula, and look for loop holes.
G. Prepare a map of "Proposed Boundaries of
Community Facilities District".
H. Prepare a public facilities report pursuant
Section 5321.5 of the Government Code (the Me
Roos Community Facilities Act of 19821, incluc
description of work, adequacy of facilities
cost estimate.
I. Provide for mailing of notices, if required,
recording of boundary map.
J. Attend the public hearing, held under said 1
fully prepared to present all necessary testii
and respond to all public comments. Prior
conclusion of hearing, tabulate all protests
file a written summary thereof with the City Clc
2. ADDITIONAL SERVICES SUMMARY
When authorized in writing by the City Enginc
Consultant shall perform or obtain from consultant:
subcontractors approved by City, additional services
connection with the Project not otherwise provided
in this Agreement. Said additional services shall
paid for by City as provided in Section 5 of the Mar
Agreement.
3. PERIOD OF SERVICE
Work shall begin immediately after receipt of not
cation to proceed by the City Engineer. Work SI
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proceed in a diligent manner to conclusion accordin
a schedule approved by the City Engineer. Extension
time may be granted by the City Engineer in accord
with Section 3 of the Master Agreement.
The date of the public hearing before the City Cou
has not been set.
4. FEES TO BE PAID TO CONSULTANT
City shall pay Consultant for services described u
Section 1, of this Supplemental Agreement, on a time
material basis per current "Schedule of Hourly Bil
Rates". A copy of the present "Schedule of Ho
Billing Rates" marked Exhib'it "A" is attached hereto
IN WITNESS WHEREOF, This Supplement to Agreement dated M
12, 1985, has been executed by the parties though their
authorized representatives as of the date first hereina
written.
NCORPORATED CITY OF CARLSBAD
BY:
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Title: K;e- .& L--J /g LW 7
APPROVED AS TO FORM: ATTESTED :
By t
Assistant City Attorney City Clerk
* * EXHIBIT
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ENGINEERS & PLANNERS
SCHEDULE OF HOURLY BILLING RATES
Effective July 1, 1988
OFFICE: ENGINEERING Senior Principal Consultant ................................................................... Principal Consultant ............................................................................ Senior Principal Engineer .... .............................................................. Principal Engineer ............................................................................... Assistant Principal Engineer ................................................................................. Senior Engineer ....................................... ................................... 64 Engineer ..................................................................................... .................. 53 Associate ' Engineer .... ...................................................................... 49 Assistant Engineer ................................................................. ................... 44 PLANNING Principal Planner .................................... Assistant Principal Planner ...................................................... Senior Planner ..................................................................................... Planner .................... Associate Planner ...................................................................... Assistant Planner .......................................................................................... DESIGN AND DRAFTING Senior Designer .......................................................................................... Designer ................................................................. .................................. 5: Senior Drafter ... Drafter 11 .......... ..................................... Drafter I ...... ................. Delineator ... ................... .................................. Engineering Aide ..................................................................................................... 2E
FIELD: CONSTRUCTION MANAGEMENT Principal Engineer ..................... Senior Resident Engineer ............
Resident Engineer ............................. Senior Project Representative ..............
........... 5: Project Representative ........................ Associate Project Representative ........... ................. 45
Senior Inspector ............................... 2.80 x Direct Sz
.................................. 2.80 x Direct S2
Principal Surveyor .............................. ........................................................... Assistant Principal Surveyor ................. .......................................... Supervising Surveyor .......................................... Survey Crew with Eq ................................ 2.80 x Direct Sz
Travel Time - (when in excess of eight hou 1.40 x Direct Si per day) ....................
SERVICES AND EXPENSES: Computer, Central Processing Unit (CPU) ...................
Connect Time, per Hour .. Printing ........................ .....................................
Minimum .......................................................................................... Storage (1000 characters) ................................ ....................... 45'/M1
Computer Analyst ................................. Programmer .......................................
Researcher/Processor ........................... Executive and Administrative Secretary ..... Data Entry ........ .............................................. Secretary /Clerk ................................... In-house Reproduction ..........................
Subsistence ........................................... ....................................... Other Expenses - including Special Consu and Purchased Services through Subco
.................................
Mileage ........................ ......................................... ................. 28'1
Billing rates include overhead. equipment. space rental. etc These billing rates are subject to increase eoch yeor due to umon agreements and salary Increases
A late payrnenl FINANCE CHARGE will be applied lo my unpoid balance. commencing thlrly (30) days after the date of the on'ginal inuolce at the rnaxrmum I rate allowed by law.
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