HomeMy WebLinkAbout1990-08-07; City Council; 10761; Rancho Santa Fe Road AD 90-01 Consultant ServicesI.
Cl’- OF CARLSBAD - AGENC- BILL 2%
RB#s TITLE:
MTG. 8-7-qn RANCH0 SANTA FE ROAD
ASSESSMENT DISTRICT NO. 90-l DEPT.ENC. I CONSULTANT SERVICES AGREEMENT
RECOMMENDED ACTION:
Adopt Resolution No. %d afd approving 13th Supplemental Agreement with
NBS/Lowry for Assessment Engineering Services and Special Counsel Agreement to
provide services in the formation of the Ranch0 Santa Fe Road Assessment District.
Over the past several years staff has been working with the Fieldstone Company to
develop alignment plans and environmental documentation to establish final design for
the realignment of Ranch0 Santa Fe Road between Melrose Drive and La Costa Avenue.
Final studies are now in process and are expected to be completed in early 1991.
The next step in completion of these improvements, along with Olivenhain Road and
Ranch0 Santa Fe Road southerly of Olivenhain Road, is to develop a financial program
and Assessment District benefit analysis.
The attached consultant contracts will retain NBS/Lowry as Assessment Engineers and
the law offices of Brown, Harper, Burns & Hentschke to act as Bond Counsel on the
proposed District and financing program.
All costs for services will be borne by the Fieldstone Company in conformance with the
Project Management and Assessment District Reimbursement Agreement approved by
Council Resolution 90-88 April 3 of this year.
FISCAL IMPACT:
All administrative and consultant costs will be covered by deposits made by Fieldstone
to a City administered trust fund account.
EXHIBITS:
1. Resolution No. %*afd
2. 13th Supplemental Agreement to Agreement for Assessment Engineering Services
dated March 13, 1985 (Master Agreement).
3. Special Counsel Agreement.
-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. go-286
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING CONSULTANT SERVICE
AGREEMENTS IN CONJUNCTION WITH THE RANCH0 SANTA FE
ASSESSMENT DISTRICT NO. 90-l
WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
interest to pursue Assessment District financing of Ranch0 Santa Fe Road and portions of
Olivenhain Road; and,
WHEREAS, Fieldstone/La Costa Associates under separate agreement has agreed to pay
all costs associated with District formation prior to the sale of bonds.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad
California, as follows:
1. That the above recitations are true and correct.
2. That the 13th Supplement Agreement with NBS/Lowry dealing with Assessment
District 90-l Ranch0 Santa Fe Road (Exhibit 2) and Special Counsel Agreement (Exhibit 3) are
approved.
3. That the Mayor of the City of Carlsbad is hereby authorized and directed to
execute said agreements on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 7thday of August , 1990 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin and Mamaux
NOES: None
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
ww
13TH SUPPLEMENTAL AGREEMENT TO AGREEMENT FOR ASSESSMENT ENGINEERING SERVICES DATED MARCH 13, 1985 (MASTER AGREEMENT)
THIS 13TH 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 Agreement”, is made and
entered into as of the day of , 1990, by
and between CITY OF CARLSBAD, a municipal corporation, hereinafter
referred to as ‘l City” and NBS/LOWRY INCORPORATED, hereinafter
referred to as t’Consultant”.
RECITALS
City requires the services of an assessment engineering consultant to
assist in processing of an assessment district referred to as Assessment
District 90-1, Ranch0 Santa Fe Road.
NOW, THEREFORE, City and Consultant mutually agree to supplement the
above referenced agreement as follows:
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 pro-
viding public information with regard to the Ranch0 Santa Fe Road
. Page 1 A69z015.034:5/3/90
Assessment District for City.
Consultant shall perform all work necessary to assist * the City
Engineer in processing the Ranch0 Santa Fe Road Assessment Dis-
trict. The work shall include but not be limited to the following as
directed by the City Engineer:
a. Mapping - Prepare maps (boundary maps and assessment
diagrams) and related documents required under the Municipal
Improvement Act of 1913.
b. Engineer’s Report and Investigation Report - Prepare the
Engineer’s Report required by said Act and the Investigation
Report required by the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931.
C. Property listings - Prepare and keep current the following lists
for all properties:
0 A mailing list of the record owners of all parcels within
Assessment District including assessment number and the
assessorts parcel number, legal description, mailing ad-
dress of owner, value of land and improvements, and
amount of assessment.
0 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 no-
tices prepared by the bond counsel. Prepare and arrange for
printing and mailing general information material to all property
owners in accordance with the legal time schedule. Arrange
for printing of hearing and posted notices and posting
OL‘ . Page 2-
A66-015.034:5/3/90
as required by said Act. Remove posted notices promptly
after hearings.
e. Testing of Assessment Criteria - Review all alternative criteria
or methods of assessment for the individual parcels of land.
Hold meetings with the City staff, affected land owners, bond
counsel, and financial consultant on a periodic basis for review
and testing of assessment criteria.
f. Bond Sale Information - Provide information necessary for the
bond counsel or financial consultant, including but not limited
to: information for bond opinion ; information to be included in
an official statement to be issued by the City to bond pur-
chaser, including all information contained in the Engineer’s
Report; and general information and data regarding the
Assessment District.
IiT* 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. Prepare sufficient copies of written information
for public distribution.
h. Formal Hearings - Attend all hearings held under said Act,
fully prepared to present all necessary testimony and to re-
spond to all public comments. Prior to the hearing, prepare a
booklet for each member of the City Council and each staff
member consisting of a proposed agenda, Engineer’s Report,
summary of construction bids, tabulation of final assessment on
each parcel of land, alphabetical list of ownership, and general
. Page 3- A66Y015.034:5,3,90
i.
j.
information. Prior to conclusion of the hearing, tabulate all
protests and file a written summary thereof with the City
Clerk.
Filing Assessment Documents - After the final hearing for the
formation of the Assessment District, file the assessment dia-
gram, roll and notice of assessment with the appropriate public
officials, such as the City Clerk, Superintendent of Streets,
County Recorder, County Surveyor, Treasurer or Paying
Agent, an other City and County officials.
Final Assessment Notices - Prepare final assessment notices and
arrange for mailing said notices to property owners, as re-
quested and confirmed by the City Council at the hearing.
k. UnDaid Assessment List and Bonds - After expiration
cash collection period, prepare a paid and unpaid
assessments.
1.
m.
n.
Treasurer’s Report - Assist in the preparation of a Treasurer’s
Report of unpaid assessments.
Acquisition Cost Analysis - Review all claims for reimbursement
resulting from the acquisition of any improvement constructed
by owners pursuant to an acquisition agreement between City
and Land Owner. Prepare detailed analysis of said claims and
make recommendation to City on allowable acquisition costs.
Specifications and Bidding Documents - Prepare quanitity
take-off, specifications and bidding documents if required, for
construction plans prepared by Land Owner’s Engineer to allow
public bidding of the work of improvement by the City.
Consultant shall analyze bids and make recommendation to the
City.
of the
list of
c
.
A66-1015.034:5/3/90 Page 4-
0. Plan Checking -
1. Checking Improvement Plans for those public facilities to
be included in the Assessment District as said plans are
proposed and submitted to City for review and checking.
2. Checking and review of right-of-way documents to include
legal descriptions, plats and conveyance documents.
Provide control and indexing of said right-of-way
documents. Assure City that all right-of-way required by
the Assessment District is provided for in the documents,
P* Project Management -
Provide management and coordination services to include but
not limited to the following:
1. Monitor program schedule and advise City of slippage,
discrepancies, omissions, key milestones and potential
problem areas.
2. Representing City, to work and coordinate closely with
property owners and their representatives to evaluate
problems, answer questions and attempt to keep
Assessment District on schedule.
3. Prepare periodic written reports to City.
2. ADDITIONAL SERVICES
When authorized in writing by the City Assessment Engineer, Con-
sultant shall perform or obtain from consultants or subcontractors
approved by City, additional services in connection with the Project
not otherwise provided for in this Agreement. Said additional
services shall be paid for by City as provided in Section 5 of the
Master Agreement.
. Page 5- A66Y015.034:5,3,90
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 conclusion according to a
schedule approved by the City Assessment Engineer. Extensions of
time may be granted by the City Assessment Engineer in accordance
with Section 3 of the Master Agreement.
The date of the public hearing before the City Council has not been
set.
4. FEES TO BE PAID TO CONSULTANT
a. City shall pay Consultant for’ services described under Section
1, paragraphs a thru 1 inclusive, of this Supplemental
Agreement, a lump sum fee of Ninety-eight Thousand Dollars
($98,000).
If Consultant’s work is not completed by July 1, 1991, through
no fault of Consultant, there shall be an adjustment made in
the lump sum for that work remaining to be completed to
reflect increases in salary and overhead costs incurred by
Consultant.
b. City shall pay Consultant for services described under Section
1, paragraphs m thru p inclusive, of this Supplemental
Agreement, on an hourly rate basis per current “Schedule of
Hourly Billing Rates”. A copy of the present “Schedule of
Hourly Billing Rates” marked Exhibit “Aft is attached hereto.
C. Upon the execution of this Agreement, any payments made by
or billed to City by Consultant on an hourly rate basis pur-
oii . Page 6- A68-015.034:5/3/90
_-
suant to the Master Agreement for this Assessment District
shall be credited to and be considered as included in the lump
sum fee or hourly rate basis, as applicable to the services
performed, as setforth above in this Section.
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 hereinabove written.
NBS/LOWRY INCORPORATED CITY OF CARLSBAD
Mayor
ATTESTED : APPROVED AS TO FORM:
City Attorney City Clerk
. Page 7-
A68~015.034:5/3/90
c
Exhibit “A”
/Atifcz~~~~l~W~!
ENGINEERS S PLANNERS
SCHEDULE OF HOUI
Effective Jul
OFFICE:
ENGINEERING Principal III ...........
Principal II ...........
Principal I ............
Project Director I .......
Project Manager II ......
Project Manager I ......
Project Engineer I ......
Engineer Ill ...........
Engineer 11 ...........
Engineer I ............
PLANNING
Project Manager II ......
Project Manager I ......
Project Planner I .......
Planner Ill ............
Planner II ............
Planner I .............
DESIGN AND DRAFl-lNG Designer II ...........
Designer I ............
Drafter Ill ............
Drafter II .............
Drafter I .............
Technician II ..........
Technician I ..........
FIELD: CONSTRUCTION MANAGEMENT
Construction Manager I
Construction Engineer III
Construction Engineer I & II .
Resident Engineer Il. Resident Engineer I
Engineering Analyst. .
Inspector I to VIII . . SURVEYING
.
Survey Manager II. Project Surveyor II . Project Surveyor I . Survey Crew (3 man) . Survey Crew (2 man) Survey Crew Travel Time .
.
SERVICES MD EXPENSES:
Computer, Mainframe Connect Time per Hour P.C. Connect Time per Hour ....
Storage (100,OOOcharacters) ....
Computer Systems Analyst II ............. Computer Systems Analyst I ............. Technician IV ........................ Technician Ill ........................ Secretary II .......................... Secretary 1 .......................... In-House Photocopy .................. Mileage ............................ Subsistence ......................... Other Expenses ......................
. . .
:LY ‘BILLING RATES
I 1.1989
.
................ ................ ................
.
$135.00
115.00
105.00
95.00 85.00
75.00
70.00 60.00
55.00
45.00
85.00
75.00
70.00
60.00
55.00 45.00
65.00 60.00
55.00
50.00
40.00 35.00
30.00
75.00 75.00
.2.8 x Direct Salary
60.00 50.00 40.00
.2.8 x Direct Salary
85.00 75.00 65.00 155.00
1 1 Crew 125.00 rate x 50%
.
30.00
10.00
$45/month
85.00 60.00 45.00 40.00 40.00 30.00 10 cents/copy 30 cents/mile cost cost + 15%
Bilbng rates mclude overhead. cqurpmnt. rpace rental. etc. These blling rates am sub@ to ,ncre.ase each year due LO un,on agreemenrr and salary ,ncreases
A late payment FINANCE CHARGE tmll be applied LO any unpad balance. commrmng thmy OOI day, offer the date of the mgmal mwnce DI rhc mourn”” mhre~f rate allowed -
by law .
669
-
SPECIAL COUMSEL AGREEMENT
THIS AGREEMENT is made and entered into this day of , 1990,
by and between the CITY OF CARLSBAD, CALIFORNIA, a public corporation (hereinafter
referred to as "City"), and BROWN, HARPER, BURNS t HENTSCHKE (hereinafter referred
to as "Counsel").
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows:
SECTION 1. Counsel shall perform legal services in connection with the proposed
study and financing and related bond issuances in the matter of a
proposed project known and designated as RANCH0 SANTA FE ROAD (herein-
after referred to as the "District") under proceedings conducted either
pursuant to the provisions of the "Municipal Improvement Act of 1913",
being Division 12 of the Streets and Highways Code of the State of
California, and/or the provisions of the "Mello-Roos Community
Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5
of the Government Code of the State of California.
A. Said services shall include:
1.
2.
3.
4.
5.
6.
7.
8.
Review of the dedication and acquisition of the streets and
easements and other property in which work is proposed to be
performed;
Examination of the plans and specifications for the proposed
work, the boundary map and assessment diagram of the District,
the assessment roll and bonds, and the giving of instructions
and advice in connection with the foregoing;
Recommendations as to procedure, schedules and actions that
should be conducted and taken;
Preparation of all resolutions, notices, contracts, bond forms,
and other papers and documents required in the proceedings;
Examination of the proceedings, step by step, as taken;
Appear at all hearings under the proceedings, and attend any
meeting where attendance is requested:
Make recommendations as to sale of bonds, if desired;
Issuance of an approving legal opinion attesting to the validity
of the proceedings and the issuance of the bonds.
B. Counsel shall be paid a fee computed on the final amount of the bond
issue as follows:
ONE PERCENT (1%) of the first $l,OOO,OOO;
ONE-HALF PERCENT (l/2%) from $l,OOO,OOl to $7,500,000;
ONE-QUARTER PERCENT (l/4%) from $7,500,001 to $15,000,000;
ONE-EIGHTH PERCENT (l/8%') on the balance thereof.
ov .
-
If temporary bond anticipation notes are issued, the fee shall be
twenty-five percent (25%) of the fee as above set forth, but not
less than $2,500.00, unless a different fee has been mutually agreed upon between the parties.
In the event the bond proceedings are terminated or abandoned prior
to the sale of bonds either upon conclusion of the public hearing or
upon the conclusion of the election, Counsel shall be paid a reason-
able fee for services rendered to date based on an hourly ate of
$125.00 per hour, not to exceed $5,000.00.
C. A flat fee of $2,000.00 due and payable upon completion of a
successful validation action, if required.
SECTION 2. The fees specified above do not include any services in connection with
the acquisition, by contract or condemnation, of any easements or other
property necessary for the District, or any services in connection with
any other litigation.
At the request of the City, Counsel will represent it in any other
matters relating to said project, including, but not limited to, the
following:
A. Environmental proceedings;
B. Acquisition of property by negotiation or condemnation:
C. Litigation challenging the validity of the proceedings.
Counsel will perform all of the above services at a rate to be mutually
agreed upon before any work is actually performed.
SECTION 3. This Agreement contemplates that Counsel shall pay all ordinary out-of-
pocket expenses incurred, including travel, telephone and copy, and the
only expenses to be billed to City would be extraordinary messenger
and/or overnight mail delivery services.
SECTION 4. That the City shall furnish to Counsel such maps, records, title
searches and other documents and proceedings, or certified copies
thereof, as are available and may be reasonably required by Counsel in
the performance of the services hereunder.
SECTION 5. Counsel hereby states that it does not represent clients with adverse
interests to the City ae it relates to the issuance and sale of the
bonds for financing this District.
SECTION 6. That this Agreement may be terminated by either party hereto by mailing
written notice thereof to the other party.
P .
.
.
I IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on
the day and year first hereinabove written.
"CITY"
CITY OF CARLSBAD
MAYOR
CITY OF CARLSBAD
STATE OF CALIFORNIA
ATTEST:
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
"COUNSEL" ./x,- , , BROWN, H$$JeER, BURN/S 6( HENTSCHKE I
By : ,,"“ / ' ' p--x.
p. MCKENZIE BROWN