HomeMy WebLinkAboutCC 11 E.T. ASSESS DIST 06-17-85CONSENT
CALENDAR
TO:
WILLIAM HUSTON, CITY MANAGER
FROM:
BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: EAST TUSTIN ASSESSMENT DISTRICT NO. 85-1
RECOMMENDATION:
That the Tustin City Council, at their meeting of June 17, 1985, approve Willdan
Associates as the Assessment Engineer for the East Tustin Assessment District No.
85-1, and authorize the Mayor to execute the attached Professional Services
Agreement for said work.
BACKGROUND:
On May 6, 1985 the City Council accepted a petition filed by The Irvine Company
for the formation of the East Tustin Assessment District No. 85-1. The formation
of the District requires specialized consultant services referred to as the
Assessment Engineer.
Staff has reviewed several firms for there services and has selected the firm of
Willdan Associates to perform said consulting services. All consultant fees are
directly chargeable to the Assessment District.
DISCUSSION:
Attached, is a Professional Services Agreement that names Willdan Associates as
the Assessment Engineer for the subject District.
This Agreement has been reviewed and approved by the City Attorney's office and is
ready for approval and execution by the City Council.
In addition to this document, there will be two other consultant agreements
forthcoming for approval and execution. These agreements are for the financial
consultant and the bond counsel.
ker -
Director of Public Works/City Engineer
BL:jr
Attachment
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this day of ~, 1985,
by and between CITY OF TUSTIN, a municipal corporation {hereinafter referred to as
"City"); and WILLDAN ASSOCIATES, Civil Engineering Consultants, 290 South Anaheim
Blvd., Suite 100, Anaheim, California 92805, {hereinafter "Consultant").
WITNESSEllt:
WHEREAS, City desires to employ Consultant to furnish the necessary
consultant services for the formation of the East Tustin Area Assessment District,
which shall hereinafter be referred to as "A.D. No. 85-1"; and
WHEREAS, Consultant is qualified to provide the necessary services in
connection with said A.D. No. 85-1 and has agreed to provide the necessary
consulting services; and
WHEREAS, Consultant has submitted to City a proposal dated May 14, lg85, a
copy of which is attached hereto marked Exhibit "A", and is by this reference
incorporated herein as though set forth in full hereat ("the Proposal").
NOW, THEREFORE, City agrees to employ and does hereby employ Consultant to
provide consulting servlces for the A.D. 85-1, and City and Consultant for the
consideration hereinafter set forth, agree as follows:
Section 1: Scope of Consultant's Services. Consultant agrees to prepare and
furnish to City consulting services for the formation of A.D. No. 85-1. These
services shall include all of the services to be performed in the manner described
in the Proposal, a copy of which is attached hereto and marked as Exhibit "A".
Sectiop ~: Tim~e fo___cr~letion. It is hereby understood and mutually agreed
that the time for completion of the work to be performed by Consultant is an
essential condition of this Agreement. Consultant agrees that it shall prosecute
regularly and diligently the work of this Agreement accordingly to reasonable
schedules established by City for the various items of work described.
Consultant shall not be accountable for delays in the progress of its work caused
by any condition beyond its control and without the fault or negligence of
Consultant. Any delays shall not entitle Consultant to any additional compensation
under any circumstances, regardless of the party responsible for the delay.
Section 3: Compensation. The compensation to be paid under this Agreement
shall be as follows:
A. Consultant's labor fees (including staff time, clerical, report
production, travel) - $30,000.00.
Section 4: Miscellaneous Provisions.
A. City and Consultant further agree to the following conditions:
(1) City, by notifying Consultant in writing, shall have the right
to terminate any or all of the services and work covered by this Agreement at any
time.
(2) Consultant agrees that it shall proceed immediately and
diligently to perform the services provided for in this Agreement upon receipt of
notice from City to proceed therewith.
(3) The terms and provisions of this Agreement shall extend to and
be binding upon and inure to the benefit of heirs, executors, administrators,
successors and assigns of the respective parties thereto.
(4) Consultant shall perform the services hereunder as an
independent contractor and under no circumstances or conditions shall Consultant
and any of its agents, servants and employees, be considered as an employee or
agent of the City.
(5) Consultant shall perform all services required under this
Agreement in a careful, diligent, professional manner, and shall be responsible
for all errors and omissions for services performed by Consultant under the terms
of this Agreement. Consultant, as a material part of the consideration of this
Agreement, hereby waives, on its behalf and on behalf of all others claiming
though Consultant, all claims and demands against City, its agents, employees,
successors and assigns, for all loss, damage, injury, sickness or death of any
person resulting from the performance of this Agreement, and agrees to indemnify,
defend and hold City, its agents, employees, successors and assigns, harmless from
any loss, damage, injury, sickness, death, or other claim made by other persons
and from all costs, expenses and charges arising therefrom. Consultant shall
maintain in full force and effect during the term of this Agreement, its existing
policies of insurance for which certificates of insurance have heretofore been
delivered to City.
(6) Consultant shall carry and pay for such compensation insurance
as is necessary to fully protect Consultant and its employees under California
Worker's Compensation Insurance, and safety laws, to relieve City from all
responsibility under said laws in connection with the performance of this
Agreement, and upon the execution of this Agreement, to file with City a
certificate certifying to said protection.
(7) Consultant certifies that there shall be no discrimination
against any employee who is employed in the work covered by this Agreement, or
against any application for such employment, because of race, religion, color,
sex, or national origin, including but not limited to, the following:
(i) Employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, lay-off or termination, rates
of pay or other forms of compensation, and selection for training,
including apprenticeship.
(8) Consultant shall provide City monthly with a detailed
itemization of all work performed, time spent, and the fees, costs and charges
accrued thereon, in complete and sufficient detail, to fully apprise City thereof.
IN WITNESS WHEREOF, this Agreement was executed by the parties on the day and
year first above written.
CITY OF TUSTIN, a municipal corporation
By
Mayor
ATTEST:
Cit~l er~
APPROVED AS TO FORM:
C~ty Attorney
WILLDAN ASSOCIATES
By
By.
CITY OF TUSTIN
~,'IFICR~E OF INSOPANCE AND DESIG~IC~ OF NAMED ADuffIC~AL INSURED
%: ClT~ OF TUSTIN I pROJECT:
300 Centennial Way
Tustin, CA 92680
~ AND ADDRESS OF IN~u-~ED CONTRACTOR NAME AND ADDRESS OF IN~J~%NCE COMPANY(IES)
This is to certify that the policies of insuran listed below have been i~q~ed to the i~,~=d nam
ed above, are in force at this time, that the City of Tustin is a named additional insured ther~o~
as r~spects claims arising in cc~nectic~ with the her~ named F~-oject and that such i~-~r-
other in~x~nce in force ?urch~-~d by ~ C~.ty_.of Tu~s~t~_.
ance shall be ~.~m~-~ with ms~ect to any Policy Policy r.im~t~ Of L!mni£it~ 1~ T--nO~ ~-~anom
Type of I~ance
Insurance Company Number Expiration Each
GENERAL LIABILITY
Comprehensive form
Premises-operations
Explosion and collapse
Underground F~zazd
Contrac~nal insurance
~road form pro~rty
damage
Independent co~tractors
ALTO~ __W~ILE
LIABILITf
Comprehensive form
Hired
Ccmbined
Umbrella form
Other than Umbrella
Date Occurrence Aggregate
Bo4_ ily Injury $ $
~=operty Damage $
Bodily Injury. $
& ~rty
damage om~ined
PERSCNAL INJUR~
~y Injury $
(each person)
Bodily Injury $ each
~zly Injury &
~perty C~
~ily Injury
CO~NSR~ICN
LIABILITY
It is certified' that a ~aiver of subrogation is hereby issued
t_he ~m.~ of al l Worke~"~ C~:;.~n~ati~n I_n~-unce.
( each
$ accident )
to the City of Tustin as pertains tm
Authorized Representative of the abov~-
na~=d insurance company(les)
The issuing co--pany will give thirty (30) days written notice to the City of Tustin prior to
~cdification or cancellation. Date Issue:
NO MC~IFIC2~ICNS OR ADD1TICNS ~ BE MADE
TO THIS FORM.
R: 9/25/82 (P-Tustin)
5
May 14, 1985
WILLDAN ASSOCIAt ES F_]
RECEIVED
TnqT'
...... .,,,,,,~ hC~l,
Mr. Robert Ledendecker
City Engineer
City o{ Tustin
300 Centennial Way
Tustin, Cali{ornia 92680
Subject: Proposal {or Assessment Engineerir9 Services For
East Tustln Area Assessment District
Dear Bob:
We are pleased to submit the ~ol!owing proposal ~o provide assessment en-
gineering services in connection with the Ea:,t fustin Area Assessment
District which is bounded generally by Browning Avenue, Irvine BouIe-
yard, Myford Road, and the Santa Aha Freeway.
Scopff o¢ Services
We will provide the basic engineering services for formation of this dis-
trict pursuant to the Municipal ~mpro~,ement Act o¢ 1913 with issuance of
1915 Act bonds. These services shall ;r, clude the ¢ollowing:
Provide descripticns or assessment numbers ¢or each prop-
erty to be assessed as required by the proceedings.
Obtain the proper a~dresses o{ owners and prepare
required mailings.
Prepare boundary map.
Apportion the cost in the {orm o{ .*pecial assessments to be
lev;ed ,..pon the parcels 0¢ la,nd within the district. Said
assessment spread shall be made in accordance with the
statutes pertaining to benefits.
Exhibit "A"
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;-",.,S. ANAHEIM BOULEVARD' SUI'fE100 ANaHEIM, CALIFORNIA92805.(714) 774-5740'(213)924-1631
Mr. Robert Ledendecker
City of Tustin
May 14, 1985
Page 2
10.
ll.
12.
13.
14.
tS.
16.
Assemble the costs to be placed to asse'ssment and, if so
instructed by City, maximize this amount by inclusion of
engineering and rights-of-way acquisition.
Prepare Engineer's Report to include assessments upon and
against the parcels in the district for the total costs and
expenses of such work in proportion t~ the estimated bene-
fits to be received by each of the parcels within this dis-
trict.
At district expense, contract for pr;nting of improxcement
notices and post same throdghout the district.
Prepare, ready for mailing by the City, the notices of
hearin9.
Upon completion of the public hearirg on the assessment
spread, make such rev;s;ons to the Engineer's Report as
are ordered by the City Council.
Prepare the assessment diagrams and assessment roll.
Prepare, present, and file the list of assessments and fur-
nish copies to the ~ppropriate public officla~s and other
agencies as may be necessary.
PreF~re, re~dy for recording, the not;ce of assessment.
Such other basic assessment engineering necessary to bring
the prcject to ~,e point of bond -' .
To coordinate all ser',[ces with the legal cou; sol appointed
by the City to supervise the procecdlngs and with other
consultants and City staff.
At!end coordination meetings with the City staff.
Attend City Council meetings for presentation of the prelim-
inary and final Engineer's Report.
Exhibit "A"
2of4
Mr. Robert Ledendecker
City of Tustin
May 14, 1985
Page 3
Additional Services
Wit!dan is willing and able and, if requested by the City, shall also pro-
vide the following:
Reapportionment of all assessments upon any division of
Iand within the district divided by street dedications after
the year of issue ir c!uding the necessary adjustment to roll
and diagrams including the filing.
Provide the annual debt service schedules for the outstand-
ing debt on an annual basis.
~C i~_~ ~ e s pgp_s ib_!lities
In order to Willdan Associates to perf'orm the above assessment engineer-
ing services, it will be necessar'/ that certain materials be provided by
the City, or at the option of the City, said ma~eria!s may be provided dj-
rectty by others. These materials shall consist of:
o
records of survey, parcel maps, tract maps, Assessor's
maps and rolls, and/or other ir, formation from which to pre-
pare the assessment diagram and boundary map;
a listing of all impre',,ement costs and incidental cost items
'o be included in th~ assessment district;
legal descript[cns of any rights-of-way that are to be
acquired by assessr~:,'-r~t d;strlct proceedln~os; and
a reproducib!e copy of all sc, bdivision maps or parcel map
on the area to be a~n-ssed, subsequently recorded, such
mens to be of a sca!e such that they may be d;rectly trans-
ferred to the or;ginat assessment diagram.
_Compensation
This proposal is based upon the premise that an initial assessment district
bounded as ind'cated abeve will be confirn-:~d and then o~erfay;~g the
original distr;ct with su'pplerr, ental districts will 5e accomplished over the
next couple o~ '~¢ars.
Exhibit "A"
3of4
N~r. Robert Ledendecker
City of Tustin
May 14, 1985
Page 4
A lump sum fixed fee can be e.-tablished for the initial assessment district
since a specific scope o¢ services can be defined. Because there are var-
ious unknowns related to the overlay districts, a specific .*cope of
services cannot be defined. Hence, we suggest estimated budgets for
preparing subsequent districts.
Our proposed fee for the initial assessment district is the lump sum fee of
$30,000. The suggested budget amount for subsequent overlay districts
would be $20,000.
We appreciate the interest y-u have sho~,'n in Willdan Associates and took
forward to providing the services requested.
Respectfully submitted,
WILLDAN ASSOCIATES
Sr. Vice Presicent
GPD:tdm
Exhibit "A"
4of4