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HomeMy WebLinkAboutCC 8 E.T. ASSESS 85-1 08-05-85NDA · ,JULY z4, 985 Inter Com 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 August 5, 1985, approve Willdan Associates as consultants for the coordination services 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 coordination and administration of this district requires extensive staff time which is not available due to the city's current staffing level and workloads. Staff has requested a proposal from Willdan Associates to provide the coordination and administrative services for this Assessment District as a supplement to our current city staffing level. All consultant fees for these services are directly chargeable to the Assessment District. Willdan Associates is currently acting as the Consultant Assessment Engineer for the District. DISCUSSION: The attached Professional Services Agreement names Willdan Associates as the consultant to perform coordination services for the subject Assessment District. Exhibit "A" of the agreement is the consultant's proposal for said coordination services which delineates their fee on a time and material basis not to exceed $25,000.00. 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. Bob Ledendecker Director of Public Works/City Engineer BL:jr Attachment wROFESSIO~L SERVICES AG~EE~ENT 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 coordination services for 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 June 21, 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 for coordination 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 perform for the City coordination services for the formation and administration 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 ~: Time for Completion. It is hereby understood and mutually agreed that the time for completion of said coordination services shall run concurrent with the time of completion for the Professional Services Agreement for the formation of the East Tustin Area Assessment District dated July 1, 1985. 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. 1 Consultant shall not be a~countable for delays in the pro~,'ess of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Section ~: 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) shall not exceed $25,000.00 without specific authorization by the City. B. Compensation to Consultant for services performed in accordance with its proposal, attached as Exhibit 'A', shall be at the regular rates in effect at the time and as established on a yearly basis and shown on Exhibit "B" and shall not exceed $25,000.00. 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 (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 saio ~aws in connection with the per~ormance 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 June 2'1, 1985 WILLDAN ASSOCIATES [] ENGINEERS & PLANNERS Anaheim, Norwalk, Venfuro, Lancaster. San 8ernordino and San Diego, California RECEIVED Mr. Robert Ledendecker City Engineer City of Tustin 300 Centennial Way Tustin, California 92680 Subject: Proposal for Coordination Services for East Tustin Area Assessment District Dear Bob: In follow up to the discussion that Bill 'Stookey and I had with you the other day, we have prepared for. your consideration this proposal for co- ordination services in connection with the subject assessment district. SCOPE OF SERVICES In the implementation of the assessment district, there will be certain co- ordination required, and certain functions that need to be performed, that are not clearly the responsibility of any of the parties involved, in the implementation process. A list of some of the services that may be performed by Willdan only upon separate request from the City are as follows: A. Basic Coordination Coordinate the efforts of the following into the form neces- sary for CITY to process the district. a. Bond Counsel b. Design Engineer c, Preliminary Design Engineer d, Environmental Review e, Financial Consultant f, Bond Underwriter g, Property Owner h, Appraisers 290 S. ANAHEIM BOULEVARD. SUITE 100. ANAHEIM, CALIFORNIA 92805. (714) 774-5740. (213) 924-1631 EXHIBIT "A", (5 pages) Mr. Robert Ledendecker June 21, 1985 Page 2 i. Utility Companies j. All other persons or entities performing functions relative to the project Schedule and conduct coordination meetings of the above entities and individuals to ensure a timely dissemination of information relative to the progress of the project. Where appropriate, provide, or cause to be provided, agendas and minutes of such meetings. As required, appear before, or present reports to, the City- Council and officials of CITY. Coordinate with utility company representatives in the prep- aration and execution of agreements for utilities to be con- structed and funded through the assessment district. Disclosure Develop a program, for approval by CITY, for the means of disclosing to all potential home buyers the existence, or proposed existence, of such assessments, their manner of payment and other related information. Implement and administer such disclosure program, to the extent requested to do so by CITY. Design and Construction Review Review the design plans and specifications to the extent necessary to ensure that all costs proposed for financing by the assessment district process are appropriate costs for that purpose. Where various items of work have specific benefit to some, but not all properties, ensure that specifications are so constructed that such costs may readily be segregat&d. During construction, review all Change Orders as to any change in benefit which might occur. If such change in benefit does occur, make appropriate charges to the Contin- gency Reserve of the affected parcels. Mr. Robert Ledendecker June Z1, 1985 Page 3 D. Financial Control Assist and provide to the appropriate financial officer of CITY recommen- dations for administering the program. Said recommendations may in- clude, but not be limited to, the following: Prepare recommendations as to any funds to be paid or re- funded to landowners, review same with Bond Counsel and, where appropriate, include such amounts in the assess- ments. Constantly monitor and ensure that no obligations are in- curred by the assessment district or CITY in excess o{ amounts authorized in PROPERTY OWNERS AGREEMENT, assessments or as otherwise authorized· Advise CITY on all. future expenses likely to be incurred after formation of the assessment district and include as ad- vance payment such costs within the assessment liens where so instructed. If excess funds exist upon completion of the work, review with bond counsel and CITY the disposition of such funds and, if such funds are to be paid to the properties that were assessed, prepare a distribution schedule consistent with the manner in which the assessment were made. Make recommendations as to demand for lien payoff where, as a result of apportionment or otherwise, the residual lien exceeds the desired lien to value ratio. E. Special Services Upon completion of project, ENGINEER shall provide upon request any or all of services required as a result of the project. These include, but are not limited to, the following: Preparation of the annual Bond Servicing List for approval by the City Council and submittal to the Auditor/Controller of Orange County for collection of the assessments on the tax bills. Mr, Robert Ledendecker June :21· 1985 Page 4 2. Provide all services associated with apportionments neces- sitated by the recording of divisions upon lands where liens were levied, Develop a procedure for such functions, ob- tain the approval of the Bond Attorney and consent of the Bond Underwriter· and set up an appropriate records sys- tem. With specific and separate authorization from CITY, obtain, by subcontract, data and materials necessary for the suc- cessful accomplishment o~ the project for which separate contracts with CITY may not exist. Examples of such items would the Title Reports necessary for rights-of-way certi- fication, appraisals necessitated by the Bond Underwriters or financial consultants, additional maps and data more ap- propriately supplied by engineers working for the various developers, etc. Certify as to the reasonableness of the value of any im- provements acquired by the district. Any and all services necessary not otherwise available to CITY for the successful completion of the project. COMPENSATION For the services provided as described above, if authorized, the proposed compensation would be as follows: Services set forth in Paragraphs A, B, C, D, and E provided pri- or to the completion of construction. ENGINEER shall be com- pensated at its regular rates in effect at the time. The total of all charges will not exceed $25,000 without specific and separate au- thorization by CITY. For subcontract services, when separately authorized by CITY and provided by Willdan, as set forth in Paragraph l-F, and including publication and printing, reimbursement to be at our cost plus 10 percent. For apportionments, a fixed rate shall be negotiated after confir- mation of the assessment district. Mr. Robert Ledendecker June 21, 1985 Page 5 We would be pleased to discuss this proposal and/or answer any questions. Very truly yours, Garry · Dysaj~t Senior Vice President GPD:tb in more detail with you Hourly personnel rates to be furnished at a later date. Exhibit "B"