HomeMy WebLinkAboutC-2423 - Assessment Engineering Agreement for China Cove Underground Utilities (see also Assessment District No. 56)CITY OF NEWPORT BEACH
P.U. BOX 1768, NEWPORT BEACH, CA 93663 -3884
OFFICE OF THE CITY CLERK
(714) 640 -2251
T0: FINANCE DIRECTOR
PUBLIC WORKS
FROM: CITY CLERK
DATE: December 2, 1983
SUBJECT: Contract No. C -2423
Description of'Contract Assessment Engineer Agreement for
Assessment Service for China Cove Underground Utilities
Effective date of Contract December 2, 1983
Authorized by Minute Action, approved on November 14, 1983
Contract with Professional Assessment Services, Inc.
Address .14252 Culver Drive
Suite A -530
Irvine, CA 92714
Amount of Contract See attached. agreement
Wanda E. Andersen
City Clerk
WEA:lr
attach.
3300 Newport Boulevard, Newport Beach
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October 28, 1983
14202 CULVER DRIVE. QUITE A -030
IRVINE. CALIFORNIA 92714
(714) 001.9100
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92660
Attn: Mr. Benjamin Nolan
Public Works Director
Re: Proposed Assessment District No. 56 (China Cove)
Dear Ben:
In response to the City Council's request for proposals for
the above project, Professional Assessment Services is pleased to
respond to provide assessment engineering services with this com-
bined Proposal and Agreement.
P.A.S. is semi familiar with the project having reviewed some
of the past documents, field reviewed the area and listened to
testimony at the public hearing.
P.A.S. proposes to prepare the Engineer's Report as specifi-
cally outlined in the "Municipal Improvement Act of 1913." Still
in question is the issuance of either the 1911 or 1915 bond. In
order to finalize the Engineer's Report, the type of bond to be
issued must be determined and is at the discretion of the City.
P.A.S. proposes to perform the following services and tasks:
1) In coordination with the City and property owners,
Engineer shall determine those improvements which would
be eligible for inclusion with the assessment district
process and will incorporate those improvements within
the scope of the proposed assessment district project.
2) In coordination with the City and property owners, the
Engineer will propose a boundary for the assessment
district that will incorporate therein the benefitted
properties that are to be assessed.
3) Make a preliminary determination as to the extent of
non - assessable properties, as this would affect the
concept of the assessment district formula.
Mr. Benjamin Nolan
Page Two
4) Make a preliminary determination of the
assessable publicly owned properties
assessment district boundary. Consult
priate public official leading to a det
whether such properties should receive
excluded, or make a contribution.
extent to which
are within the
with the appro-
ermination as to
assessments, be
5) Review the proposed facilities and determine if any area
outside the district will receive benefit from the pro-
posed facilities. If such is the case, make provisions
for removal of these facilities or extend the boundary
to include these properties.
6) Prepare a preliminary indication as to how the assess-
ment spread would be proposed during the formation
process such that it can be reviewed with the City and
property owners.
1) Assist in the preparation of a time schedule for the
assessment proceedings.
8) To review with the appropriate persons any right -of -way
acquisitions that might be involved such as acquisitions
and costs might affect the total cost of the project.
9) Be sure that the spread formula will be appropriate for
any contemplated assessment districts in succeeding
years.
10) Provide legal descriptions of each property to be asses-
sed. Obtain the proper addresses of owners and prepare
required mailings.
11) Prepare boundary and diagram maps.
12) Review the utilities' estimated costs and review their
designs.
13) Prepare a cost estimate of all incidental costs asso-
ciated with the assessment district.
14) Prepare preliminary Engineer's Report to include assess-
ments upon and against the parcels in the District for
the total amount of costs and expenses of such work in
proportion to the estimated benefits to be received by
each of the parcels.
15) Contract for the printing of improvement notices and
post same throughout the district.
Mr. Benjamin Nolan
Page Three
16) Prepare an Amended Engineer's Report after opening con-
struction and bond bids.
17) Upon completion of the public hearing on the assessment
spread, make such revisions as are ordered by the City
Council.
18) Assist in the filing and recording of Diagram, Boundary
Map, and Notice of Assessment as required by assessment
district proceedings.
19) Prepare the collection list for the 30 -day cash
collection period.
20) Assist in the audit of the initial cash payments in lieu
of bonds in cooperation with the designated collection
officer and assist in compiling the initial list of
unpaid assessments.
21) In performing these services, the Engineer shall con-
tinually coordinate needs of the City, the interests of
the property owners, and the requirements of law to
ensure the best practical project for all concerned, but
at all times giving priority to the fundamental inter-
ests of the City.
THE CITY OF NEWPORT BEACH SHALL PROVIDE TO P.A.S. THE FOLLOWING:
1. - 1983/84 County Assessor's Roll and Maps.
2. - Duplicate Mylar of the Corona Del Mar Tract, M.M. 3 -41.
3. - Half Tone Aerial Map (Scale 1" = 1001) if possible.
THE CITY OF NEWPORT BEACH SHALL BE RESPONSIBLE FOR THE FOLLOWING:
1. - Printing and mailing of all notices.
2. - The public hearing date and 30 day collection notice.
3. - Staff to set time and place for Town Hall meetings with
property owners.
P.A.S. shall perform the services of Assessment Engineering
for a total lump sum of $8,000 plus $1,000 for drafting and sec-
retarial services provided that the 1915 Bond is issued. Should
the City elect to utilize the 1911 Bond, add $2,000 to the above
as additional effort is required in the Engineer's Report in pre-
paring the issuance of Bonds on each specific property within the
district.
8
Mr. Benjamin Nolan
Page four
0
This Letter Agreement may be terminated by either party by mailing
written notice thereof to the other party.
PROFESSIONAL ASSESSMENT SERVICES
Date: 11q— AfF,
es en
Approved by the City Council of the City of Newport Beach this
r n
�. day of 19.
ayor
t
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92663 -3884
OFFICE OF THE CITY CLERK
(714) 640 -2251
TO: FINANCE DIRECTOR
PUBLIC WORKS
FROM: CITY CLERK
DATE: December 2, 1983
SUBJECT: Contract No. C -2423
Description of Contract Special Council Agreement for China Cove
Underground Utilities
Effective date of Contract December 2.. 1983
Authorized by Minute Action, approved on November 14, 1983
Contract with Brown 5 Nazarek, Attorneys at Law
Address
Amount of Contract See Agreement attached
kavw& C
Wanda E. Andersen
City Clerk
WEA:lr
attach.
3300 Newport Boulevard, Newport Beach
SPECIAL COUNSEL AGREEMENT
THIS AGREEMENT is made and entered into this 09/01. day of 440 • , 1983,
by and between the CITY OF NEWPORT BEAZR, CACIFORNIA, a public corporation
(hereinafter referred to as "City "), and BROWN & NAZAREK, Attorneys at Law,
(hereinafter referred to as "Counsel ").
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows:
SECTION 1. That Counsel shall perform legal services in connection with the proposed
assessment proceedings and bond issuance in the matter of a proposed
special assessment district known and designated as
ASSESSMENT DISTRICT N0, 56
(CHINA COVE UTILITY CONVERSION)
(hereinafter referred to as the "Assessment District ") under proceedings
conducted pursuant to the provisions of the "Municipal Improvement Act of
1913", being Division 12 of the Streets and Highways Code of the State of
California.
Said services shall include:
A. Review of the dedication and acquisition of the streets and easements
or other property in which proposed work is to be performed;
B. Examination of the plans and specifications for the proposed work,
the boundary map and assessment diagram of the Assessment District,
the assessment roll and bonds, and the giving of instructions and
advice in connection with the foregoing;
C. Recommendations as to procedure, schedules and actions that should be
conducted and taken;
D. Preparation of all resolutions, notices, contracts, bond forms, and
other papers and documents required in the proceedings;
E. Examination of the proceedings, step by step, as taken;
F. Appear at all hearings under the proceedings, and attend any meeting
where attendance is requested;
G. Make recommendations as to sale of bonds, if desired;
H. Perform legal services, if required, pursuant to the provisions of
the "Special Assessment Investigation, Limitation and Majority
Protest Act of 1931 ", being Division 4 of the Streets and Highways
Code of the State of California;
I. Issuance of an approving legal opinion attesting to the validity of
the proceedings and the issuance of the bonds.
Such legal services shall not include any services in connection with the
acquisition, by easement or condemnation, of any easements or other
interest in real property necessary for the proposed improvements. These
services can be provided by Counsel, by separate agreement, if desired by
City.
10
SECTION 2. That the City shall perform as follows:
A. Furnish to Counsel such maps, records, title searches, and other
documents and proceedings, or certified copies thereof, as are avail-
able and may be reasonably required by Counsel in the performance of
the services hereunder;
B. Pay to Counsel a fee computed on the confirmed assessment as follows:
TWO PERCENT (2 %) up to $300,000;
ONE PERCENT (1 %) from $300,001 to $1,000,000;
ONE -HALF PERCENT (.50 %) on the balance thereof.
C. Payment of the above - referenced fee shall be as follows:
All due and payable upon receipt of money from the sale and delivery
of bonds to the successful underwriter.
SECTION 3. In the event the proceedings are terminated or abandoned prior to comple-
tion, Counsel shall be paid a reasonable fee for services rendered to
date based on an hourly rate of $90.00 per hour, not to exceed $3,000.00.
SECTION 4. That this Agreement may be terminated by either party hereto by mailing
written notice thereof to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on
the day and year first hereinabove written.
AT )ET
ITY CLERK �Gffffv
CITY OF NEWPORT BEACH
STATE OF CALIFORNIA
5
"CITY"
CITY OF WPORT BEACH
By:
CITY OF NEWPORT BEACH
STATE OF CALIFORNIA
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az
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9
BY THE Cm COUNCIL
CITY OF NEWPORT BEACH
NOV 14 1983
40
TO: CITY COUNCIL a 0In Lp 0ny,
FROM: Public Works Department
November 14, 1983
CITY COUNCIL AGEPIDA
ITEM NO.,
RECOMMENDATIONS:
1. Approve a budget amendment in the amount of $22,000 as an
advance to the Proposed Special Assessment District.
2. Authorize the Mayor and the City Clerk to execute a Special
Counsel agreement with Brown and Nazarek.
3. Authorize the Mayor and the City Clerk to execute an assess-
ment engineer agreement with Professional Assessment Services,
Inc.
4. Cancel previous instructions to staff to prepare a resolution
of intention to make the improvement under the Municipal
Improvement Act of 1913 for consideration on November 14, 1983;
and direct the Special Counsel to prepare said resolution of
intention for consideration at a later date to be recommended
by the Special Counsel.
DISCUSSION:
On October 24, 1983, after the close of a public hearing, the City
Council adopted a resolution finding that public interest, convenience, and
necessity require the improvement and that the Debt Limit Act shall not apply;
and directed the staff to prepare a resolution of intention to make the im-
provement under the Municipal Improvement Act of 1913 for consideration on
November 14, 1983; to secure proposals for assessment engineering services
from Professional Assessment Services, Inc.; and for legal services from Brown
and Nazarek; and to prepare a budget amendment as an advance to the district.
The location of the proposed district is shown on the attached sketch.
Attached are copies of a proposed Special Counsel agreement from
Brown and Nazarek and a proposed letter agreement from Professional Assessment
Services, Inc.
Mr. F. MacKenzie Brown, the proposed Special Counsel, recommends
that the City Council take no further formal actions with regard to the pro-
posed district until he has had time to review the past proceedings and to
prepare the forthcoming resolution. He believes that the tentative schedule
proposed by the staff can be met.
9
•
November 14, 1983
Subject: Undergrounding Utilities in China Cove (Assessment District No. 56)
Page 2
Compensation for the Special Counsel will be limited to $3,000 if the
! proceedings should be terminated or abandoned. If the district is formed, the
fee will be based on the confirmed assessment, as follows:
2% up to $300,000, _ $6,000
plus
1% of amount from $300,000 to $1,000,000
For a total confirmed assessment of $400,000, the legal fee would be
$7,000.
Compensation for the Assessment Engineer will be a lump sum of $8,000
plus $1,000 for drafting and secretarial services if 1915 Act bonds are issued;
or $8,000 plus $3,000 for drafting and secretarial services if 1911 Act bonds
are used.
The lump sum price for Telephone Company engineering will be $5,000.
The lump sum price for Edison Company engineering will be $1,500.
The balance of the appropriations will be used for miscellaneous
expenses.
If the proceedings are terminated or abandoned, the money expended
will be lost. If the district is formed, the funds advanced will be recovered
from the proceeds of the bond issue.
aBeiUnta'minB. Nolan
Public Works Director
KLP: jd
Att.
3
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
8OUN04#Q 1E'S Of'
WViSGV C -13-E r.Lf
DRAWN d R. DATE
APPROVED
PUBLIC WORKS DIRECTOR
R.E. NO.
A55E5.5M�NT
P/sm/cr NO. .66 1 DRAWING
SPECIAL COUNSEL AGREEMENT ,
THIS AGREEMENT is made and entered into this day of , 1983,
by and between the CITY OF NEWPORT BEAr9 -,- WIFORNIA, a pcorporation
(hereinafter referred to as "City "), and BROWN & NAZAREK, Attorneys at Law,
(hereinafter referred to as "Counsel ").
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows:
SECTION 1. That Counsel shall perform legal services in connection with the proposed
assessment proceedings and bond issuance in the matter of a proposed
special assessment district known and designated as
ASSESSMENT DISTRICT NO. 56
(CHINA COVE UTILITY CONVERSION)
(hereinafter referred to as the "Assessment District ") under proceedings
conducted pursuant to the provisions of the "Municipal Improvement Act of
1913 ", being Division 12 of the Streets and Highways Code of the State of
California.
Said services shall include:
A. Review of the dedication and acquisition of the streets and easements
or other property in which proposed work is to be performed;
B. Examination of the plans and specifications for the proposed work,
the boundary map and assessment diagram of the Assessment District,
the assessment roll and bonds, and the giving of instructions and
advice in connection with the foregoing;
C. Recommendations as to procedure, schedules and actions that should be
conducted and taken;
D. Preparation of all resolutions, notices, contracts, bond forms, and
other papers and documents required in the proceedings;
E. Examination of the proceedings, step by step, as taken;
F. Appear at all hearings under the proceedings, and attend any meeting
where attendance is requested;
G. Make recommendations as to sale of bonds, if desired;
H. Perform legal services, if required, pursuant to the provisions of
the "Special Assessment Investigation, Limitation and Majority
Protest Act of 1931 ", being Division 4 of the Streets and Highways
Code of the State of California;
I. Issuance of an approving legal opinion attesting to the validity of
the proceedings and the issuance of the bonds.
Such legal services shall not include any services in connection with the
acquisition, by easement or condemnation, of any easements or other
interest in real property necessary for the proposed improvements. These
services can be provided by Counsel, by separate agreement, if desired by
City.