HomeMy WebLinkAbout1972-02-15; City Council; Resolution 1951* b
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RESOLUTION NO. 1951
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD AUTHORIZING THE EXECUTION OF AN
AGREEMENT APPOINTING AN ASSESSMENT ENGINEER
RE: ASSESSMENT DISTRICT NO, 2-1969
The City Council of the City of Carlsbad does hereby resolve
as follows:
WHEREAS, the City of Carlsbad has, pursuant to a petition,
initiated the construction of certain sewer improvements in the
proposed "Highland Drive Sewer District," under the provisions of
the 1911 Improvement Act, contained in Division 7 of the Streets
and Highways Code, designated Assessment District No. 2-1969; and
WHEREAS, it is necessary and desirable to have an Assessment
Engineer to perform certain functions of said assessment pro-
ceed i ngs ; and
WHEREAS, Judson T. Naiman, an individual, is qualified to
be an Assessment Engineer;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad that the Mayor is hereby authorized and directed
to execute on behalf of the City an agreement between the City of
Carlsbad and Judson T. Naiman to perform the services called for
in said agreement, a copy of which is attached hereto and made a
part hereof by this reference.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed
to provide Judson T. Naiman with an executed copy of said agreement
PASSED AND ADOPTED by the City Council of the City of
Carlsbad at a regular meeting thereof held this 15th day of
February , 1972, by the following roll call vote:
AYES: Cmn. Dunne, McComas, Jardine, Castro and Lewis.
NOES : None.
ABSENT: None.
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A GREEHERT
ASSESSNENT DISTRICT NO. 2-1969
,
THIS AGREEMENT, made and entered into this day of
, 1972, by and between the CITY OF CARLSBAD, a
municipal corporation, hereinafter sometimes referred to ao nCityn, and
JUDSOR T. NAIRAR, an individual, with offices at 2273 Tokalen Street,
San Diego, California, hereinafter sometimes referred to as nAssesament
Engineern.
WITNESSETH :
WHEREAS, the City contemplates the construction of certain
improvements, consisting of the conatructfon of a aanitary sewer system
and related appurtenances, in the area of Highland Drive, between Elm
Avenue and Tamarack Avenue, in the City of Carlsbad, California, under
and pursuant to the Improvement Act of 1911, to be described ad ASSeSw"t
District No. 2-1969, in said City of Carlsbad; and
WRERUS, it is desirable that said City of Carlabad emplog aaid
JUDSON T. IAIHAN as Assessment Engineer for the spread of the assessment,
to furniah the services hereinafter mentioned at and for the compensation
hereinafter stipulated, under and pursuant to said Improvement Act of 1911;
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS:
1. The City hereby emptoya said Assessment Engineer and appeints
him to furnish the services hereinafter mentiened at and for the compen-
sation herein stipulated, and said Asoessment Engineer accepts said
emptoyment and appointment upan the teras herein stated. Said Assessment
Engineer further agrees that at all times he wilt keep the City Engineer
and the City Council of said City fulty advised concerning the pregress
sf the work and of the servicaa hereinafter manttened.
2. The Assessment Engineer agrees to furnish the City the fotlawing
work and services:
(a) TQ use such plan8 and specifications and proposed map of
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assessment district as shall be delivered to him by the City of Carlsbad
(whtch plans and specifications shall have been prepared by the City of
Carlsbad), together with any estimatdsi so prepared.
(b) Preparation and submttal of an estimated assessment for
each parcel identified with correspending assessment numbers en said
proposed map of asseaomePit district.
(c) The preparation and furnishing of the necessary seta of
final assessment rolls. This shall include the preparation and spreading
of the assessment, but shall net include the printing or issuance of the
bonds, nor any stationary appurtenant thereto,
(d) Attendance at such conferences and City Council meet ingr
as may be necessary to furnish assistance and advice en any feature ef
the propoeed improvement.
UPON completion of the work, the City Engineer will prepare and
furnish to the Assessment Engineer a complete itemized list of the
exact amount of work completed by the contractor, together with the
accurate cost of same, and a certification that all of the work has been
done in accordance with the plans and specifications and to the satfa-
faction of the Engineer, The Engineer wit1 also prepare and furnish a
itemized list of all the incidental expenses and a reproducible of the
diagram of the assessment distrtct.
3. The City agrees to make payment to the Assessment Engineer for
the above described services at the follswing times, and in the fellwing
amount 8:
(a) FEE SCHEDULE:
CONSTRUCTION COST FEE
8 625 + 3.5% of amount ever 825,000
$1,500 + 3.0% of amount ever $50,000
82,250 + 2.5% of amount over $75,000
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be made to the Assessment Engineer as follmwr:
Seventy percent (70%) of the estimated amount to be paid the Assessment
Engineer under this agreement upon completion of the hearing on the
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Reaolutisn of Intention and determtnation by the City to proceed, and
final payment of the balance due under this agreement shall be made
when an assessment roll is presented and accepted by the City Council.
(c) It is agreed, howeDQr, that in the event that the proposed
project is abandoned at the hearing on the Resolution of Intentien, the
Assessment Engineer shall be paid for services rendered to the date of
abandonment, a sum equal to eighty five percent (85%) of the estimated
amsunt of total fee.
IN WITIVESS WflEREOF, this Agreement has been executed on behalf ef
the Cttg by its officers therewsto duly authorized, and executed by the
Assessment Engineer as of the day and year first above written.
CITY OF CARLSBAD, A Hunk ipa 1
Corporation
ATTEST : 17
JUDSON T. NAI'AN, an Individual
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