HomeMy WebLinkAboutCC 4 E. T. ASSESS DIST 07-01-85AGE'""' -_ .?,/_/. ~ No,CONSENT. .4 CALENDAR
TO:
FROM:
SUBJECT:
WILLIAM HUSTON, CITY MANAGER
BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
EAST TUSTIN ASSESSMENT DISTRICT NO. 85-1
RECOMMENDATION:
That the Tustin City Council, at their meeting of July 1, 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 Con~any
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 is currently being reviewed by the City Attorney's office and it is
requested that the City Council approve and execute this Agreement subject to the
City Attorney's final approval.
In addition to this document, Council has approved two other Consultant Agreements
pertaining to this District. These Agreements are for the Financial Consultant
and the Bond Counsel.
Bob Ledendecker
Director of Public Works/City Engineer
BL:jr
Attachment
PROFESSIONAL SERVICES AGREEHE)Fr
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").
WITNESSETH:
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, 1985, 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 services 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".
Section 2: Time for Completion. 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 according 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.
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.
B. Compensation to Consultant for services performed in accordance with
its proposal, attached as Exhibit 'A', shall be the fixed fee of $30,000.00. It
is understood that all sums to be paid Consultant shall be derived either from the
sale of bonds for the proposal district or by funds deposited with City.
Consultant shall submit monthly invoices based on the services
provided during the preceeding month, and City shall pay Consultant within thirty
(30) days of receipt of said invoice with the total of all payments not to exceed
the above stated fixed fee amount without approval of City. Said monthly invoices
shall include an itemization of the time spent and the fees, costs and charges
accrued to date and a description of services performed during the billing period.
In the event of authorization, in writing by City, of changes from the
scope of services as described in Exhibit 'A' or for other written permission
authorizing additional work not contemplated herein, additional compensation shall
be allowed for such extra work based upon the authorized payment schedule for
Consultant's additional work.
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 through 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 negligent 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.
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:
City Clerk
APPROVED AS TO FORM:
City Attorney
WILLDAN ASSOCIATES
By
By
'~: CITY OF TU~TIN
300 Centennial Way
Tustin, CA 92680
NAME AND ADDRESS OF IN~ur~u CONTRACTOR
~i'i"f OF TUSTIN
C~'IFIC~TE OF IA_ ~ AND DEST(~TICN OF NAMED A .TICNAL INSURED
.NAME AND ADDP~~-q OF INSURANCE COMPANY (I~S)
GEN~%AL r.TABILITY
Ca~pr~hensive
Explosion and collapse
hazard
Under, round Hazard
c~erations hn~-ar~
Cc~ac~al
damage
AUTOMOBILE
Ccmprehensive fo~m
Hired
~mbrella fon~
Other than Umbrella
.CO~SR~IC~
and
I $ accident )
EMPLOfEP~'
It is certified that a waiver of subrogation is hereby issued to t_he City of Tustin as pertains to
the ~,rm~ of all Worb=r~- Cc"T?-n~~-~ Insurance.
"he issuing cc-pany will giv~ thirty (30) days writtan notice to the City of Tustin prior to
~dification or cancellation. Date Issue:
NO M~DIFICR~IC~S OR ADDITICNS MAY BE MADE
TO THIS FC~M.
R:9/25/82(P-Tustin)
Authorized Representat/ve of the aDore-
named insurance ccmpany(ies)
This is ~o certify that the ~olicies of insu~.-~ce li~-d ~ ~ ~ i~ ~ ~ ~'~ ~
~ ~, ~ ~ fo~ a~ ~ ~, ~t ~ Ci~ of ~ is a n~ ~di~ ~ ~
~ ~ c!n!~ ~s~g ~ ~~ wi~ ~ ~n~ ~ ~je~ ~ ~t ~ ~r-
o~r ~,~ ~ f~ ~~ ~ ~ ~9f ~s~.
May 14, 1985 BY
RECEIVED
fUST~N P;J.3LIC '~'ORt-'.S n~PT.
Mr. Robert Ledendecker
City Engineer
City of Tustin
300 Centennial Way
Tustin, California g2680
Subject: Proposal for Assessment Engineering Services for
East Tust]n Area Assessment District
Dear Bob:
We are pleased to submit the following proposal lo provide assessment en-
gineering services in connection with the Ea~t Tustin Area Assessment
District which is bounded generally by Brcw'ning Avenue, Irvine Bou!e-
yard, Myford Road, and the Santa Aha Freeway.
ScoE9 of Services
We will provide the basic engineering services for formation of this dis-
trict pursuant to the Mun;c[pal ~mprovement Act of 1913 with issuance of
1915 Act bonds. These services shall ;r, clude the following:
Provide descriptic,~s or assessment numbers for each prop-
erty to be assessed as required by the proceedings.
Obtain the proper addresses of owners and prepare
required mailings.
Prepare boundary map.
Apportion the cost in '~he form of ~pecial assessments to be
levied ,~pon the parcels of !and within the district. Said
assessment spreed shall be made in accordance with the
statutes pertaining to b~r, efits.
Exhibit "A"
lof4
~-'0 S. ANAHEIM BOULE\'APO. SUFi'E 100. ANAHEIM, CALIFORN!A 92805. (714) 774-5740. (213) 924-1631
Sir. Robert Ledendecker
City of Tustin
M, ay !4, 1985
Page 2
o
o
10.
11.
12:
13.
14,
15.
16.
Assemble the costs to be placed to asse'ssment and, if so
instructed by City, maximize this amount by inclusion of
engineering end 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 to the estimated bene-
fits to be received by each of the parcels within this dis-
trict.
At district expense, contract for printing of improvement
notices and post same thro,Jghout the district.
Prepare, ready for mailing by the City, the notices of
hearing.
Upon completion of the public hearirg on the assessment
spread, make such revisions to the Engineer's Report as
are ordered by the City Council,
Prepare the assessment diegrams and assessment roll.
Prepare, present, and file 'the list of assessments and fur-
nish copies to the appropriate public officials and other
agencles as may be necessary,
Pre?are, ready (or recording, the not;ce of assessment.
Such other basic assessment engineering necessary to bring
~ ..ale.
the project to ~,~e point of bond ~ '
To coordinate all ser~;ces ,w;th the !egal cou; sel appointed
by the City tosu~.er¥,~'~ ~_ the procecd;nss and with other
consultants and City staff.
At-tend coordinat;on meetings with the C;ty staff.
At-tend City Council meetings for presentation of the prelim-
nary and final Engineer's Report.
Exhibit "A"
2of4
Mr. F~obert Ledendecker
City of Tustin
May 14, 1985
Page 3
Additional Services
Willdan is willing and able and, if requested by the City, shall also pro-
vide the following:
Reapportionment of all assessments upon any division o~
land within the district divided by street dedications after
the year o~ issue i~.c!uding the necessary adjustment to roll
and diagrams including the filing.
Provide the annual debt service schedu!es for the outstand-
ing debt on an annual basis.
City_ Responsibilities
In order to Willdan Associates to per~'orm the above assessment engineer-
lng service~, it will be necessary that certain materials be provided by
the City, or at the opt;on of the City, said materia!s may be provided dj-
rectty by others. These materials shall consist o~':
r~cords of survey, parcel maps, tract maps, Assessor's
maps and rolls, and?or other inf'ormation (rom which to pre-
pare the assessment diagram and boundary map;
listing of all improvement costs and incidental cost items
be included in th~ assessment district;
o
~egal descriptions of any rights-of-way that are to be
acquired by assessr~-"nt district proceedings; and
a reproducib!e copy of all sc. bdivision maps or parcel map
on the area to be assessed, subsequently recorded, such
maps to be of a sca!e such that they may be direct!v trans-
ferred to the original assessment diagram.
Compensation
This proposal is based upon the premise that an initial assessment district
bounded as indicated ~beve will be con~'irm;d and then o~erlayi~g the
ori§inal district with su'pplemental districts will be accomplished o~,'er the
n~xt couple of 'rears.
Exhibit "A"
3of4
Mr. 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 scape 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 bud§et amount for subsequent overlay districts
would be $20,000.
We appreciate the interest yru have shoxs'n in Wiildan Associates and look
forward to providing the services requested.
Respectfully submitted,
WILLDAN ASSOCIATES
Sr. Vice Presicent
GPO:tdm
Exhibit "A"
4of4