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HomeMy WebLinkAbout1990-08-07; City Council; Resolution 90-286? 0 RESOLUTION NO. 90-286 1 2 ASSESSMENT DISTRICT NO. 90-1 3 CARLSBAD, CALIFORNIA, APPROVING CONSULTANT SERVICE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AGREEMENTS IN CONJUNCTION WITH THE RANCHO SANTA FE 4 WHEREAS, the City Council of the City of Carlsbad has determined it to be in th 5 interest to pursue Assessment District financing of Rancho Santa Fe Road and por 6 7 a 9 10 11 12 13 Olivenhain Road; and, WHEREAS, Fieldstone/La Costa Associates under separate agreement has agree( 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 C California, as follows: 1. That the above recitations are true and correct. 2. That the 13th Supplement Agreement with NBS/Lowry dealing with Asse 14 approved. 15 District 90-1 Rancho Santa Fe Road (Exhibit 2) and Special Counsel Agreement (Exhibi I' PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City ( 18 execute said agreements on behalf of the City of Carlsbad. 17 3. That the Mayor of the City of Carlsbad is hereby authorized and dire 16 held on the 7thday of August , 1990 by the following vote, to wit: I 20 21 AYES: Council Members Lewis, Kulchin and Mamaux NOES: None 22 23 24 25 26 27 28 (SEAL) ATTEST: W m 0" 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 Marc: 13, 1985, hereinafter referred to as "Master Agreement", is made an1 entered into as of the day of , 1990, b: and between CITY OF CARLSBAD , a municipal corporation, hereinafte referred to as trCity17 and NBSILOWRY INCORPORATED, hereinafte referred to as lfConsultantlf. RECITALS City requires the services of an assessment engineering consultant tc assist in processing of an assessment district referred to as Assessmen District 90-1, Rancho Santa Fe Road. NOW, THEREFORE, City and Consultant mutually agree to supplement thc above referenced agreement as follows: 1. CONSULTANT'S OBLIGATION The following paragraphs are intended to encompass all duties anc responsibilities of the "Engineer of Work" and the "Assessmen; Engineer", as such terms are customarily used in proceedings undel 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 Rancho Santa Fe Road Page 1 A68-015.034:5/3/9( W ,- e Assessment District for City. Consultant shall perform all work necessary to assist the Cit: Engineer in processing the Rancho Santa Fe Road Assessment Dis trict. The work shall include but not be limited to the following a directed by the City Engineer: a. Mapping - Prepare maps (boundary maps and assessmen diagrams) and related documents required under the Municipa Improvement Act of 1913. b. Engineer's Report and Investigation Report - Prepare thl Engineer's Report required by said Act and the Investigatiol Report required by the Special Assessment Investigation Limitation and Majority Protest Act of 1931. c. Property listings - Prepare and keep current the following list: for all properties: O A mailing list of the record owners of all parcels withir Assessment District including assessment number and thc assessor's parcel number, legal description, mailing ad. dress of owner, value of land and improvements, and amount of assessment. O An alphabetical list of the record owners of all parcels within Assessment District. d. Printing and Mailing of Notices - In connection with forma: 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 Page f A68-015.034:5/3/9( w e as required by said Act. Remove posted notices promptt after hearings. e. Testing of Assessment Criteria - Review all alternative criteri, or methods of assessment for the individual parcels of land Hold meetings with the City staff, affected land owners, boni counsel, and financial consultant on a periodic basis for reviel and testing of assessment criteria. f. Bond Sale Information - Provide information necessary for thc bond counsel or financial consultant, including but not limitec to: information for bond opinion; information to be included ir an official statement to be issued by the City to bond pur. chaser, including all information contained in the Engineer': Report; and general information and data regarding thc Assessment District. g. 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 assemblc information for purposes of making a complete and factua presentation. Prepare sufficient copies of written informatior 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 stafl 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 genera: Page : A68-015.034:5/3/9( w 0 information. Prior to conclusion of the hearing, tabulate all protests and file a written summary thereof with the City Clerk. i. Filing Assessment Documents - After the final hearing for thc 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 j County Recorder, County Surveyor, Treasurer or Paying Agent, an other City and County officials. j. Final Assessment Notices - Prepare final assessment notices anc arrange for mailing said notices to property owners, as re- quested and confirmed by the City Council at the hearing. k. Unpaid Assessment List and Bonds - After expiration of thc cash collection period, prepare a paid and unpaid list 01 assessments. 1. Treasurer's Report - Assist in the preparation of a Treasurer's Report of unpaid assessments. m. Acquisition Cost Analysis - Review all claims for reimbursemen. resulting from the acquisition of any improvement constructec by owners pursuant to an acquisition agreement between CitJ and Land Owner. Prepare detailed analysis of said claims anc make recommendation to City on allowable acquisition costs. n. Specifications and Bidding Documents - Prepare quanititJ take-off, specifications and bidding documents if required, fo~ construction plans prepared by Land Owner's Engineer to allov public bidding of the work of improvement by the City, Consultant shall analyze bids and make recommendation to thc City. Page A68-015.034:5/3/91 0 0 0. Plan Checking - 1. Checking Improvement Plans for those public facilities tc be included in the Assessment District as said plans arc 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-waS; documents. Assure City that all right-of-way required b3 the Assessment District is provided for in the documents. p. Project Management - Provide management and coordination services to include bul- 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 A68-015.034:5/3/90 m 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 I inclusive, of this Supplemental Agreement , a lump sum fee of Ninety-eight Thousand Dollars ($98,000). If Consultant's work is not completed by July 1, 1991, through no fault of Consultant, there shall be an adjustment made in the lump sum for that work remaining to be completed to reflect increases in salary and overhead costs incurred by Consultant. b. City shall pay Consultant for services described under Section 1, paragraphs m thru p inclusive, of this Supplemental Agreement, on an hourly rate basis per current "Schedule of Hourly Billing Rates". A copy of the present "Schedule of Hourly Billing Ratestr marked Exhibit "A" is attached hereto. c. Upon the execution of this Agreement , any payments made by or billed to City by Consultant on an hourly rate basis pur- Page 6 A68-015.034:5/3/90 m e .. suant to the Master Agreement for this Assessment Districl shall be credited to and be considered as included in the lum$ 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 APPROVED AS TO FORM: ATTESTED : City Attorney City Clerk Page 7 A68-015.034:5/3/90 0 Exhibit "A" I- N"ss//LalmmHs W a .. SPECIAL COUNSEL AGREEMENT THIS AGREEMENT is made and entered into this day of 11 by and between the CITY OF CARLSBAD, CALIFORNIA, a public corporation (hereins referred to as "City") , and BROWN, HARPER, BURNS Ei HENTSCHKE (hereinafter ref€ 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 prog study and financing and related bond issuances in the matter 1 proposed project known and designated as RANCHO SANTA FE ROAD (her after referred to as the "District") under proceedings conducted ei pursuant to the provisions of the "Municipal Improvement Act of 15 being Division 12 of the Streets and Highways Code of the Stat, California, and/or the provisions of the "Mello-Roos Commu Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2 , Tit of the Government Code of the State of California. A. Said services shall include: 1. Review of the dedication and acquisition of the streets easements and other property in which work is proposed ts performed; 2. Examination of the plans and specifications for the pror work, the boundary map and assessment diagram of the Distr the assessment roll and bonds, and the giving of instruct and advice in connection with the foregoing; 3. Recommendations as to procedure, schedules and actions should be conducted and taken; 4. Preparation of all resolutions, notices, contracts, bond fc and other papers and documents required in the proceedings; 5. Examination of the proceedings, step by step, as taken; 6. Appear at all hearings under the proceedings, and attend meeting where attendance is requested; 7. Make recommendations as to sale of bonds, if desired; 8. Issuance of an approving legal opinion attesting to the valj of the proceedings and the issuance of the bonds. B. Counsel shall be paid a fee computed on the final amount of the issue as follows: ONE PERCENT (1%) of the first $1,000,000; ONE-HALF PERCENT (1/2%) from $1,000,001 to $7,500,000; ONE-QUARTER PERCENT (1/4%) from $7,500,001 to $15,000,000; ONE-EIGHTH PERCENT (1/8%') on the balance thereof. W a If temporary bond anticipation notes are issued, the fee shall twenty-five percent (25%) of the fee as above set forth, but less than $2,500.00, unless a different fee has been mutually ag~ upon between the parties. In the event the bond proceedings are terminated or abandoned p: to the sale of bonds either upon conclusion of the public hearinc upon the conclusion of the election, Counsel shall be paid a rea! able fee for services rendered to date based on an hourly atc $125.00 per hour, not to exceed $5,000.00. C. A flat fee of $2 , 000 .OO due and payable upon completion c successful validation action, if required. SECTION 2. The fees specified above do not include any services in connection 1 the acquisition, by contract or condemnation, of any easements or 0' property necessary for the District, or any services in connection 1 any other litigation. At the request of the City, Counsel will represent it in any o matters relating to said project, including, but not limited to, following: A. Environmental proceedings; B. Acquisition of property by negotiation or condemnation; C. Litigation challenging the validity of the proceedings. Counsel will perform all of the above services at a rate to be mutu agreed upon before any work is actually performed. SECTION 3. This Agreement contemplates that Counsel shall pay all ordinary out pocket expenses incurred, including travel, telephone and copy, and only expenses to be billed to City would be extraordinary messe and/or overnight mail delivery services. SECTION 4. That the City shall furnish to Counsel such maps, records, t searches and other documents and proceedings, or certified co thereof, as are available and may be reasonably required by Counse. the performance of the services hereunder. SECTION 5. Counsel hereby states that it does not represent clients with adv interests to the City as it relates to the issuance and sale of bonds for financing this District. SECTION 6. That this Agreement may be terminated by either party hereto by mai written notice thereof to the other party. 0 e ,1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be execute the day and year first hereinabove written. "CITY" CITY OF CARLSBAD MAYOR CITY OF CARLSBAD STATE OF CALIFORNIA ATTEST : CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA / -~ . ,. BZi:SELH&ER, BURY$- .d HENTSCHK By: /, ' /' ,I / 1 &"" .I tt';,, ~CKE~Z IE BROWN