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HomeMy WebLinkAbout1986-08-05; City Council; Resolution 87211 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. 8721 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH NESTE, BRUDIN & STONE FOR ASSESSMENT ENGINEERING SERVICES. WHEREAS, the City Council on July 1, 1986, determined it was in the public interest to require improvements in a special assessment district known as Assessment District No. 86-1 (Palomar Airport Road West); and WHEREAS, the City Council has previously approved a master agreement with the firm of Neste, Brudin & Stone for assessment engineering services; NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows: 1. That the sixth Supplemental Agreement to the Agreement for Asseessment Engineering Services between the City of Carlsbad and Neste, Brudin & Stone, a copy of which is attached as Exhibit A, and incorporated herein by reference, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 5th day of A~~~,~~~ , 1986 by the following vote, to wit: AYES: NOES: None Council Members Casler, Lewis, Chick and Pettine ABSENT: Council Member Kulchin ATTEST: ALETHA L. RAUTENKRANZ, City Clerk 1 (SEAL MARY H. CdLER, Mayor 6TH SUPPLEMENTAL AGREEMENT TO AGREEMENT FOR ASSESSMENT ENGINEERING SERVICES (MASTER AGREEMENT) . DATED MARCH 13, 1985 (PALOMAR AIRPORT ROAD) THIS 6TH SUPPLEMENTAL AGREEMENT to the above described agree- ment as approved by the City Council of the City of Carlsbad on March 19, 1986, hereinafter referred to as "Master Agree- ment", is made and entered into as of the -fb 6 day of ucauusr , 1986, by and between CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City" and NESTE, BRUDIN & STONE INCORPORATED, hereinafter referred to as "Consultant". RECITALS City requires the services of an assessment engineering con- sultant to assist in providing assessment engineering and pro- cessing of an assessment district referred to as Assessment District No. 86-1 (Palomar Airport Road). The City Council has completed proceedings under the Debt Limit Act of 1931 and wishes to proceed with the ultimate for- mation of a district under the Municipal Improvement Act of 1913. The project is described as: Palomar Airport Road from Paseo Del Norte to approximately 8,000 feet east and more particularly described in the 1931 Act proceedings. EXHiBIT, - 1- NOW , ment I. THEREFORE, City and Consultant mutually agree to supple- the above referenced agreement as follows: 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 providing public information with regard ta this Assessment District for City. A. Assessment Engineering Consultant shall perform all work necessary to assist the City Engineer in processing the Palomar Airport Road Assess- ment District. The work shall include but not be limited to the following as directed by the City Engineer: 1. Mapping - Prepare maps (boundary maps and assessment diagrams) and related documents required under the Municipal Improvement Act of 1913. 2. Engineer's Report - Prepare the Engineer's Report required by said Act. 3. Property Listings - Prepare and keep current the following lists for all properties: A mailing list of the record owners of all par- cels within Assessment District including assess- ment number and the assessor's parcel number, legal description, mailing address of owner, value of land and improvements, and amount of assessment. -2- , ,c An alphabetical list of the record owners of all parcels within Assessment District. 4. Coordinate with design engineer, review construction drawings relative to assessment proceedings, and review con- struction cost and quantity estimates provided by design engineer. 5. Printing and Mailing of Notices - In connection with formal hearings to be held, arrange for printing and mailing of notices prepared by the bond counsel. 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 post- ing as required by said Act. Remove posted notices promptly after hearings. Prepare and arrange 6. Testing of Assessment Criteria - Review all alterna- tive criteria or methods of assessment for the individual par- cels of land. Hold meetings with the City staff, affected land owners, bond counsel, and financial consultant on a per- iodic basis for review and testing of assessment criteria. 7. Bond Sale Information - Provide information neces- sary 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 purchasers, including all information contained in the Engineer's Report; and general information and data regarding the Assessment District. -3- 8. 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. 9. Formal Hearings - Attend all hearings held under said Act, fully prepared to present all necessary testimony and to respond to all public comments. 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 owner- ship and general information. Prior to conclusion of the hearing, tabulate all protests and file a written summary thereof with the City Clerk. Prior to the hearing, 10. Filing Assessment Documents - After the final hear- ing for the formation of the Assessment District, file the assessment diagram, roll and notice of assessment with the appropriate public officials, such as the City Clerk, Super- intendent of Streets, County Recorder, County Surveyor, Treas- urer or Paying Agent, and other City and County officials. 11. Final Assessment Notices - Prepare final assessment notices and arrange for mailing said notices to property owners, as requested and confirmed by the City Council at the hearing. 12. Unpaid Assessment List and Bonds - After expiration of the cash collection period, prepare a paid and unpaid list of assessments. -4- 13. Treasurer's Report - Assist in the preparation of a Treasurer's Report of unpaid assessments. 11. ADDITIONAL SERVICES When authorized in writing by the City Engineer, Consul- tant 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. additional services shall be paid for by City as provided in Section 5 of the Master Agreement. Said 111. PERIOD OF SERVICE Work shall begin within ten (10) calendar days after receipt of notification to proceed by the City Engineer. Work shall proceed in a diligent manner to conclusion accord- ing to a schedule approved by the City Engineer. of time may be granted by the City Engineer in accordance with Section 3 of the Master Agreement. Extensions IV. FEES TO BE PAID TO CONSULTANT City shall pay Consultant for services as hereinafter set forth . Schedule 1 A. City shall pay the Consultant for services described under Part I-A, Assessment Engineering, a lump sum fee of Twenty Thousand Dollars ($20,000). -. -5- 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 Assessment District shall be credited to and be considered as included in the lump sum fee set forth 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 OLy+A Title: S TO FORM: ATTESTED : dA2?L4 City Clerk -6-