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Home My WebLink About1990-10-09; City Council; 10862; Revise Fees for Bridge and Thoroughfare BenefitFOR BRIDGE AND THOROUGHFARE BENEFIT DISTRICT AND CONSIDER RECOMMENDED ACTION: Adopt Resolution No. 90 --37& approving the 12th Supplemental Agreement with NBS/Lowry to Revise Fees for Bridge and Thoroughfare Benefit District and consider Rancho del Oro feasibility. ITEM EXPLANATION: On February 4, 1986, Council approved an agreement with NBS/Lowry to prepare an Engineer's Report and recommend a fee in a Bridge and Thoroughfare Benefit District. On August 12, 1986, Council held a public hearing and established the district and the fee structure. Since that time, the City has annexed County islands which should now be annexed into the Benefit District. Also the City is now working with CALTRANS preparing Project Reports for the three (3) interchanges on Interstate 5 which will be widened with Bridge and Thoroughfare fees. During this process, CALTRANS has expanded the scope of construction required for each interchange greatly increasing the cost. Therefore, it is necessary to increase the fees sufficiently to cover the revised cost estimate. NBS/Lowry will do the calculations, prepare an Engineer's Report and do all work necessary to set a public hearing for the purpose of annexing areas and increasing the fee. The work will take approximately two (2) months. NBS/Lowry will also consider the feasibility of using a Bridge and Thoroughfare Benefit District for the construction of an interchange at Highway 78 and the future Rancho del Oro Street. The study will consider both the addition of the interchange to the existing district and a totally separate district. FISCAL IMPACT: The consultant will do the required work for a lump sum fee of $25,000. Staff administration time is estimated to be $2,500. Sufficient funds are available in the unappropriated fund balance of the Bridge and Thoroughfare fee fund for this work. EXHIBITS : 1. Location map. 2. Resolution No. ?a -37g approving the 12th Supplemental Agreement with NBS/Lowry to Revise Fees for Bridge and Thoroughfare Benefit District and consider Rancho del Oro LOCATION MAP 1 : 7 4 f f r I t I 1( 11 1; 1: 14 If 1E 17 1€ 19 20 21 22 23 24 25 26 27 2% RESOLUTION NO. 90-372 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE 12TH SUPPLEMENTAL AGREEMENT TO AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE FIRM OF NBS/LOWRY , INCORPORATED, FOR CONSULTING ASSESSMENT ENGINEERING SERVICES WHEREAS, the City Council of the City of Carlsbad does hereby resolve as follows: 1. The 12th Supplemental Agreement to an Agreement between the City of Carlsbad and the firm of NBS/Lowry, Incorporated, 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 $27,500 are hereby appropriated for this project and are hereby transferred from the unappropriated balance in the Bridge and Thoroughfare Benefit District No. 1 Fund to the Project Account Number 360-820-1840-3222. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 9th day of October , 1990, by the following vote, to wit: AYES : Council Members Lewis, Kulchin, Larson and Pettine NOES : None ABSENT: None ABSTAIN: Council Member ATTEST : L?&&?L. ALETHA L. RAUTENKRANZ, City Cl$rk (SEAL) . 12TH SUPPLEMENTAL AGREEMENT TO AGREEMENT FOR ASSESSMENT ENGINEERING SERVICES DATED MARCH 13, 1985 (MASTER AGREEMENT) THIS 12TH 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 I/& day of , 1990, by and between CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as 1rCity71 and NBS/LOWRY INCORPORATED, hereinafter referred to as llConsultantll. RECITALS City requires the services of an assessment engineering consultant to assist in processing a new public hearing for the existing Bridge and Thoroughfare Benefit District No. 1 and preparation of a feasibility study for a Bridge 8 Thoroughfare District to fund an interchange at Rancho Del Oro and State Highway 78. 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 Consultant for the revisions to the existing Bridge and Thoroughfare Benefit District No. 1 to fund the Page 1 A68-015.033:9125/90 construction of improvements to widen three bridges over 1-5 at La Costa Avenue, Poinsettia Avenue and Palomar Airport Road and to prepare the Feasibility Study for funding of the Rancho Del Oro Interchange. Consultant shall perform the work necessary to assist the City Engineer in processing the Benefit District. The work shall include the following as directed by the City Engineer: a. b. C. d. Consultant will prepare a Feasibility Study for funding the construction of the Rancho Del Oro Interchange with Highway 78. City will provide Consultant with construction cost esti- mates, contributions by others and a time schedule of con- struction. Consultant will provide alternatives and benefit boundaries for either a separate Bridge and Thoroughfare District or an addition to the existing Bridge and Thoroughfare Benefit District No. 1. Define benefit boundaries and all lands within boundary subject to payment of a fee as a condition of approval of a building permit. City will furnish Consultant with assessor's parcel numbers which have obtained building permits since formation of Bridge and Thoroughfare Benefit District No. 1 for the purpose of identifying developed and undeveloped land. City will furnish Consultant with updated cost estimates for improvements in order for Consultant to update the fees. Consultant will also recommend an inflation factor for future years. Page 2 A68-015.033:9/25/90 -- a _- e. f. h. If required by Section 65091 of the Government Code, prepare and mail notices of public hearing to all properties that may be required to pay a fee. Prepare written report defining project costs, boundaries of the areas of benefit, and method of allocation of costs to the areas of benefit. Attend the public hearing and make presentation to City Council. Perform the services pursuant to Section 66484 of the Govern- ment Code and Section 20.08.140 of the City of Carlsbad Municipal Code. 2. ADDITIONAL SERVICES When authorized in writing by the City Engineer, Consultant shall perform or obtain from consultants or subcontractors approved by City, additional services in connection with the Project not other- wise provided for in this Agreement. Said additional services shall be paid for by City as provided in Section 5 of the Master Agree- ment. 3. PERIOD OF SERVICE Work shall begin immediately after receipt of notification to proceed by the City Engineer. Work shall proceed in a diligent manner to conclusion according to a schedule approved by the City Engineer. Extensions of time may be granted by the City Engineer in accor- dance with Section 3 of the Master Agreement. The date of the public hearing before the City Council has not been set. Page 3 A68-015.033:9/25/90 .- - 4. FEES TO BE PAID TO CONSULTANT The services described in Section 1. paragraphs b and c, are also needed for a separate contract between City and Consultant for the Mello-Roos CFD No. 1. In order to avoid duplication, the payment for services in paragraphs b and c is not included in this Contract. City shall pay Consultant for the remaining services described under Section 1 of this Supplemental Agreement, a lump sum of Twenty-Five Thousand Dollars ($25,000). 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. 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 Benefit District shall be credited to and be considered as included in the lump sum fee set forth above in this Section. Page 4 A68-015.033:9/25/90 .--- I 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 ATTESTED: Page 5 A68-015.033:9/25/90