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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 nmf//eJJs//sioxal C713sesswent r7 Serdiees, gxe 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 L•fi! az • a — , 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. 3 171 E 1 I I 1 1 1 f I I f i l 1 1 1 1 OCEAV BLVD. cclo �I r- '� dQ /a �,6pM m • 3 Qz /m�E Ty� � � I�V..� i ■ Q y i O LEGE�JO m °- C- I O(G v b4 • W900EA/ !/T:�YY PoGL TO 9L �2 :0 /Ed � e v`Z L 11 �����. BL�Y/OJFY JF (/L'OOOZEO B Y .Y QG\ AZ°' EJJNE4T ll /S Tom? /GT V (ONO OWNCO BY PEV / >ioNEpS� G O• 4PB /( /963 $ ROCS - • Y) 44FL� 7/0.4' ST�•SP .000P03C0 ,$f/EL/ O/yTEC �S O.I.(/ OU �y A/Or> / >" 'CC:fTED �EPCY'P� �I /(/ THE GO1C.!/O ��' A1Vi :IACI' d$ .en'ON.0 Ll/ / MJG f'G.LG'Q O 1 Lv B.:OL' 3 PAS' E J/ OF A,b5.4GLaU0� " MJV,�� 6'EL'OL'OS Cc �OC'vE . -LLUTY � ,A� /FGL'.1/ /✓. �� 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.