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HomeMy WebLinkAboutDick Jacobs Associates Inc; 2004-07-30; PWENG441RATIFICATION OF AMENDMENT NO. 1 TO EXTEND THE AGREEMENT FOR ASSESSMENT DISTRICT 2002-01 -POINSETTIA LANE EAST DICK JACOBS ASSOCIATES, INC. This Ratification of Amendment No. 1 is entered into ,~c5t,. ~ , 200_, but effective July 30, 2006, extending the underlying ini ,at agre~ment 6etween the Parties dated July 30, 2004 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Dick Jacobs Associates, Inc. a California Corporation, ("Contractor") (collectively, the "Parties"). RECITALS A. The Agreement, as amended from time to time expired on July 30, 2006 and Contractor continued to work on the services specified therein without the benefit of an amendment. B. The Parties desire to ratify the amendment extending the term of the Agreement, and any amendments thereto, for a period of one (1) year, ending on July 30 , 2007. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. Amendment No. 1 to the Agreement, is hereby retroactively approved and the Agreement is hereby extended for a period of one (1) year, ending on July 30, 2007. 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #04.11 .01 1 ( 4. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups .. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowe_ring the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: ____________ }()Jl{_q;__y::;;_ Deputy City Attorney - City Attorney Approved Version #04.11 .01 2 ... ( t \\1..\100 PWENG 441 AGREEMENT FOR ASSESSMENT ENGINEERING SERVICES FOR ASSESSMENT DISTRICT 2002-01 -POINSETTIA LANE EAST (DICK JACOBS ASSOCIATES) IS AGREEMENT is made and entered into as of the EcJ i:::Jv day of --~~'9.----' 20.J2.i, by and between the CITY OF CARLSBAD, a municipal corpora· n, ("City"), and Dick Jacobs Associates, Inc., a California Corporation, ("Contractor"). RECITALS A. City requires the professional services of a civil engineer that is experienced in assessment engineering, assessment segregations and construction cost auditing. B. Contractor has the necessary experience in providing professional services and advice related to assessment engineering, assessment segregations and construction cost auditing. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional" skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two years from the date first above written. The City Manager may amend the Agreement to extend it for one additional one year period or parts thereof in an amount not to exceed ninety eight thousand dollars ($98,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. City Attorney Approved Version #04.01 .02 1 ( ( 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be ninety eight thousand dollars ($98,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any . balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any port.ion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. City Attorney Approved Version #04.01 .02 2 ( 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services .. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. . 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for 'bodily • injury and property damage. City Attorney Approved Version #04.01.02 3 ( ( 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $250,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 Liability. The City will be named as an additional insured on General 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. City Attorney Approved Version #04.01 .02 4 ( 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: For Contractor: Name: David Hauser Name: Dick Jacobs Title: Deputy City Engineer Title: President Department: Engineering Dick Jacobs Associates City of Carlsbad Address: 128 North Helix Avenue Address: 1635 Faraday Ave Solana Beach, CA 92075 Carlsbad, CA 92008 Phone No.: (858) 720-0442 Phone No. (760) 602-2739 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, City Attorney Approved Version #04.01 .02 5 ( agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or . income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten ( 10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. City Attorney Approved Version #04.01 .02 6 ( 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor City Attorney Approved Version #04.01.02 7 ( acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action . at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided tor· by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS ·AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. AUTHORiTY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR Dick Jacobs Associates, Inc., a California Corporation ** (e-mail address) 8 CITY OF CARLSBAD, a municipal corporation of the State of California By:~~ City Manager or Mayor ATTEST: ~~AJ~ LORRAINE M. WOO City Clerk City Attorney Approved Version #04.01 .02 ( If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By:@~ eputy cityAorney City Attorney Approved Version #04.01 .02 9 ( CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ~ County of ~ V\. 1.,1( e0 0 }ss On "J' vL-( ~ J ~ 2co'.f&etore me, --""'---~ ~-=--.c;_~.:....._t-=------Gvt----=--:1..-Wl(,h---=----1-"1_0-_~__,__~ ate ~ k. .---Name and TiUe of Officer (e.g., • Jane Doe, Nata Public") personally appeared }J\ C-.J OLC.....0 B...S IB.INDA R. GUZMAN COlllfflllllOn 1129754f Nolaly NIie • SanDlegoCount, 0Dmn.8p!IIW017.2115 Place Notary Seal Above Name(s) of Signer(s) ~nally known to me D proved to me on the basis of satisfactory evidence to be the ~hose ~are subscribed~, within instrument and acknowle9ged to me that~ executed ~me in ~!:½er/their authorized ~i.es-}. and that by i her/tl,ei, s,gnature(s) on the instrument t perso , or the entity upon behalf of which th ~--r acted, executed the instrument. WITNESS my hand and offici I seal. ~R- ----------OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: __________________________ _ Document Date: _________________ Number of Pages: ______ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer Signer's Name: ________________________ _ D Individual D Corporate Officer -Title(s): D Partner -D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator 0 Other: __________________________ _ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: ______________________ ,___ ____ _, ,J I ·.I ·l ) ,) --. .:.....-..:.... -..:. ·_ -"-..::...··....:.. ,::__•_ ·---~ © 1997 National Notary Association• 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-{176-6827 D1cK JAcoss Assoc1ATES PUBLIC FACILITY FINANCING• PROJECT MANAGEMENT May 25, 2004 Mr. David Hauser Deputy City Engineer City of Carlsbad Engineering Department 1635 Faraday Avenue Carlsbad, CA 92008 Re: Proposal for Assessment District Engineering Senrices 1. Assessment Engineering Support for Bond Sale 2. Segregation of Assessments 3. Audit of Acquisition Costs Assessment District No. 2002-01 (Poinsettia Lane East) Dear David: ( RECEIVED MAY 26 200~ ENGINEERING DEPARTMENT In accordance with your request dated May 18, 2004, please find enclosed a proposal to provide assessment district engineering services for Assessment District No. 2002-01 (Poinsettia Lane East). 1. Firm Experience Dick Jacobs, the sole employee with the firm, has over 40 years of engineering and management experience in the public works field. His professional focus since 1980 has been in the area of public facility financing. Over the past 24 years, he has acted as Assessment Engineer on over twenty-five 1913 Act Assessment Districts with an aggregate value of over $300 million in infrastructure construction. His experience covers all aspects of the Assessment District procedure including segregation of assessments and audits of construction costs for developer initiated "Acquisition" districts. Please refer to attached Exhibit A for a brief description of the Assessment District projects as well as other relevant experience. 2. Proiect Individual/ream Dick Jacobs will provide Assessment engineering services in support of the bond sale, review the submitted cost information and prepare the Audit Reports and complete the district segregations including Amended Assessment Rolls and Diagrams and preparation of notices 128 NORTH HELIX AVENUE• SOLANA BEACH, CALIFORNIA 92075-1140 (858) 720-0442 • FAX (858) 720-0443 email: dickjacobsassociates@worldnet.att.net ( ( for recording. He will attend all required meetings and be directly responsible to the City for completion of the work tasks. Mr. Jacobs resume is attached as Exhibit B. 3. Proiect Approach Assessment District No.2002-01 is composed of two (2) separate master planned developments referred to as the Bressi Ranch Property, City Tract Number CT-00-06, and the La Costa Greens Property, City Tract Number CT-99-03. The Bressi Ranch Master Plan was approved by the City Council on July 9, 2002 and the Master Tentative Map for the Greens was approved by the City Council on October 23, 2001. As a condition of approval of these developments, the property developers, Lennar Bressi Ranch Venture, LLC and Real Estate Collateral Management Company ( collectively the "developers") will be required to construct certain portions of Poinsettia Lane, El Fuerte Street and the widening of the east side of El Camino Real as well as certain other facilities that will serve these properties. On January 21, 2003 the City of Carlsbad and the developers entered into an agreement termed an "Acquisition/Financing Agreement" which, among other things, requested the City to initiate proceedings for the formation of a Financing District, either an Assessment District or a Community Facilities District. The City is proceeding with the formation of a 1913 Act Assessment District which, if approved, would provide funding through the sale of bonds to finance the acquisition of the required improvements. The total cost of improvements (including incidental costs, right of way and issuance costs) described in the Final Engineer's Report and to be financed by the Assessment District is estimated at approximately $41. 7 million. · The Assessment District is divided into two (2) components, Benefit Area No. 1, the Bressi Ranch Property, and Benefit Area Number 2, the Greens Property. The Engineer's Report indicates an assessment of approximately $29 .4 million to be assessed to the Bressi Ranch Property and approximately $12.3 million to be assessed to the Greens Property. A bond sale to provide funds for reimbursement is anticipated in June 2004. A. Assessment Engineering Support for Bond Sale Assessment engineering services in support of the bond sale will consist primarily of working with the finance team in preparation of the Official Statement. The Scope of Work will include the following: 1. Working with the finance team and in particular the Bond Disclosure Counsel, compile and organize relevant factual data to be included in Tables supporting the text describing the Assessment District. Tables will include, but not be limited to data on land use, assessed values and value to lien ratios organized and displayed as directed by the Bond Disclosure Counsel. 2. Attend meetings and conference calls with the Finance Team, as required. 2 ( B. Audit Services The Acquisition/Financing Agreement specifies the procedures to be followed by the developers for the design and construction of the improvements. These include bidding and award of contracts, inspection and acceptance of improvements, amount of Purchase Price, construction and incidental costs eligible for acquisition and procedures for submittal and approval of payment requests. The agreement refers to a City document titled "City of Carlsbad Engineering Department Administrative Procedures for Reimbursable Public Works Projects" which provides further detail on the procedures to be followed in bidding, awarding and construction of reimbursable projects. It also indicates the need for an "Audit Report" which will make recommendations regarding the eligibility for reimbursement of each of the items of work requested. The Scope of Work for the audit services will include preparing an Audit Report for each Base Increment submittal received from each of the two (2) developers. The Audit Report will include recommendations on reimbursement for all construction and incidental costs as defined in Section7(A)(l) thru Section7(A)(6) in the Acquisition/Financing Agreement. Preparation of the Audit Reports will include the following tasks: 1. Review the Acquisition/Financing Agreement and the procedures included in the City of Carlsbad Engineering Department Administrative Procedures for Reimbursable Public Works Projects. 2. On receipt of a Payment Request, conduct a preliminary review as to the completeness of the submittal. 3. For construction costs, review copies of bid documents and Improvement Contract together with all approved change orders. 4. For incidental costs, review original Proposal, Scope of Work and Purchase Order and any approved Extra Work. 5. For each Contractor/SubcontractorNendor providing services, review each payment request including progress payment spreadsheets for each item of work, invoices, vouchers, cancelled checks (front and back) and any other evidence of payment. Review lien release. 6. Prepare an Audit Report for each Base Increment request received from each developer to include a detailed spread sheet by invoice for each Contractor/SubcontractorNendor, a description of services provided by each Contractor/SubcontractorN endor and a summary spread sheet showing reimbursement amount recommended for each Contractor / Subcontractor I Vendor and the total amount recommended for the Base Increment request including allowed developer management and insurance expenses. 7. Attend meetings with City and developers, as required. 3 ( ( C. Assessment District Segregation Services As maps within the two (2) master plan areas within the district are filed, it will be necessary to perform the segregations. The Scope of Work will include, but not necessarily be limited to the following: 1. Conduct a review of the final map or parcel map and the Engineer's Report methodology on which the original apportionments were made. 2. Apportion to each separate part of the original lot or parcel of land the proportionate part of the amount remaining unpaid on the assessment that would have been levied thereon had the lot or parcel of land been so divided at the time_ the original assessment was made. 3. Prepare and submit Apportionment Report. 4. Prepare Notice to Bondholder. 5. Prepare Amended Assessment Roll for recording with Superintendent of Streets. 6. Prepare Notice of Amended Assessment, Amended Assessment Roll and Amended Assessment Diagram for recording with County Recorder. 4. Cost Estimate The proposed fee for providing the Assessment Engineering services in support of the bond sale is $11,900 which will not be exceeded without further authorization. The fee will be billed on a monthly basis based on the standard hourly rate of$85 per hour. The proposed fee for providing the Audit services is $69,500 which will not be exceeded without further authorization The fee will be billed on a monthly basis based on the standard hourly rate of$85 per hour. The proposed fee for providing the Assessment District Segregation services will be based on the following schedule: 1. Parcel Map or Development Plan (if applicable)1 --------------$2,000 2. Final Map -----------------------------------------------------------$2,500 plus $25 per lot The quoted fee schedule is based on the presumption that all of the Excel spread sheet files used in the detailed assessment spreads would be made available as well as the Autocadd files for the Parcel Maps and Final Maps. 1 No map required for Development Plan but building square footage was used in the spread methodology. 4 .J • \, ( 5. Statement of Compliance to the City's Standard Contractor Agreement As the sole employee of the firm and responsible for directly providing all of the requested services, I maintain a maximum coverage of $250,000 in Professional Liability insurance. I can comply with the remainder of the terms and conditions of the agreement. If you have any questions regarding the content of this proposal, please call me. I appreciate the opportunity of submitting this proposal. Yours truly, DICK JACOBS ASSOCIATES . v~ Richard K. Jacobs, P.E. Principal attachments 5