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HomeMy WebLinkAbout48-Public Works CW-Y:OF SAN BERNARoQO - REQUOT"POii "COUNCIL AC."';ON . . Authorization to Execute Agree- Subject. ment for Bond Counsel Services --Verdemont Area Improvemen t.s, Assessment District No. 987 --- BEST, BEST & KRIEGER , From: ROGER G. HARDGRAVE Dept: Public works/Engineering Date: 4-24-89 Synopsis of Previous Council action: 02-06-89 -- Authorization granted to proceed on Assessment Districts No. 987 & 988. 04-03-89 -- Authorization granted to combine Assessment Districts No. 987 & 988, and add improvements to Palm Avenue. Recommended motion: Adopt resolution. cc: Jim Robbins Jim Richardson ..."a im Penman Andy Green ~ Ig re Supporting data attached: Verne Nadeau Staff Report, Agreement & Resolution Phone: 5026 Contact person: Ward: 5 FUNDING REQUIREMENTS: Amount: $55,400 Source: (Acct. No.! 251-663-53925 Acct. Descri tion Verdemont District Finance: Council Notes: 75-0262 Agenda Item NO.~-- - - - City ~OF SAN BERNARD~O - REQU~T FOR COUNCIL AC~N STAFF REPORT Requests for proposals for bond counsel services, on the Chestnut Avenue storm Drain and Palm Avenue Box Culvert, were sent by letter of 2-1~-89 to the following firms: 1. Best, Best & Krieger 2. Brown & Diven 3. Sabo & Dietich 4. Orrick, Herrington & sutcliffe 5. Sturgis - Ness - Brunsell - Sperry 6. Wilson - Morton - Adams Proposals were received from all of these firms. These proposals were reviewed on 3-27-89,. by an interview panel comprised of the following: 1. Councilman Tom Minor 2. Richard Bennecke, Executive Assistant to Mayor 3. Dennis Barlow, Sr. Assistant City Attorney 4. Gene Klatt, Assistant City Engineer 5. Verne Nadeau, Real Property Supervisor After carefully reviewing the qualifications and experience of these firms, Best, Best and Krieger was selected as best qualified to provide the necessary bond counsel services at this time. The proposed agreement provides, in general, that Best, Best & Krieger will provide the normal bond counsel services for a fee of $15,000 or 11% of the face value of the bonds, which- ever is greater. This fee will be paid from the bond proceeds. In the event that bonds are not sold, a mutually agreed upon reasonable fee, not to exceed $15,000 shall be paid. This amount would have to be provided from City funds, if the district is not established and bonds sold. It was originally proposed that two assessment districts be formed. These were merged into one, and improvements to Palm Avenue added, at the Council meeting of 4-3-89. The total preliminary estimated construction cost of the currently proposed district is $2,840,000. This amount could change upon preparation of plans. Incidentals and other expenses increase the total estimated project cost to $3,692,000. At a rate of 1,%, the estimated bond counsel fee will be $55,400. Since the services of a bond counsel are now needed to proceed with this district, we recommend that the agreement be approved. 4-24-89 .~ O}b4 - - " . "- r, i -- '--' 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BEST, BEST & KRIEGER RELATING TO 3 PROVIDING BOND COUNSEL SERVICES FOR THE VERDEMONT AREA IMPROVE- MENT DISTRICT, ASSESSMENT DISTRICT NO. 987. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor is hereby authorized and directed 7 to execute on behalf of said City an Agreement for Legal Services 8 with Best, Best & Krieger for providing bound counsel services 9 for the Verdemont Area Improvement District, Assessment District 10 No. 987, a copy of which is attached hereto marked Exhibit "A", 11 and incorporated herein by reference as fully as though set forth 12 at length. 13 SECTION 2. This resolution is rescinded if the parties 14 to the Agreement for Legal Services fail to execute it within 15 sixty (60) days of the passage of this resolution. 16 I HEREBY CERTIFY that the foregoing resolution was duly 17 adopted by the Mayor and Common Council of the City of San 18 Bernardino at a meeting thereof, held on the 19 _day of , 1989, by the following vote, to-wit: 20 AYES: Council Members 21 22 NAYS: 23 ABSENT: 24 25 City Clerk 26 The foregoing resolution is hereby approved this 27 4(24/89 day of , 1989. 28 " - RESO: AUTHORIZING [')[ECUTION OF .( JEEMENT WITH BEST, BEST, ) KRIEGER RE~NG TO BOND CO~SEL SERVICES FOR ASSESSMENT DISTRICT NO. 987. 1 2 3 4 Approved as to form and legal content: 5 James F. Penman 6 City Attorney 7 8 By~?L 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 4/24/89 28 - 2 - Evlyn Wilcox, Mayor City of San Bernardino - ~ ., """'" . ,-- '" '-" AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT is made and entered into this day of . 19 . by and between the CITY OF SAN BERNARDINO, a municipal corporation, - . hereinafter called "City", a.nd BEST, BEST & KRIEGER, a partnership including professional corporations hereinafter called "Attorneys". 1. EMPLOYMENT. The City employs the Attorneys as special counsel to the City to assist It in conducting proceedings pursuant to the Municipal Improvement Act of 1913. Division 12 of the Streets and Hi9hways Code, and the Improvement Bond Act of 1915. Division 10 of said Code. for the purpose of establishing an assessment district. Including portions of the City which will benefit from the acquisition and construction of certain public improvements, and as bond counsel, wi th respect to the I $Suance of bonds pursuant to the sai d Improvement Bond Act of 1915. for the purpose of financing the design, acquisition and/or construction of said public improvements and expenses incidental thereto. 2. SERVICES. The Attorneys will advise the City Attorney's Office in re9ard to the proceedings for the establishment of said assessment district and will prepare all ordinances, resolutions. notices. bond forms, and other documents required in the proceedings. They will examine all proceedin9s, step- by-step as taken. and when the bonds are issued. will Issue their opinion or opinions upon the validity thereof. They will also attend any meeting in which substantive action in connection with the proceedings is to be taken. The serv I cn to be rendered by the Attorneys 101 ill not i ncl ude any servi ces in connection with validation or condemnation suits. If such suits be filed to validate any proceedings or for the acquis.ition of any property or easement proposed to be taken. The services of the Attorneys al so do not incl ude 5-15-89 EXHIBIT A 1 - - - - c ~.dtl ., . any services or opinions in connection with the writing of cue contracts, any services or opinions in connection with any proceeding subsequent to the sale of bonds, 01' any .rvices 01' opinions in connection with any litigation. 3. COMPENSATION. For preparation and supervision of the proceedings, examination of each step as 1aken, and the issuance of their approving opinion on the bonds to be issued, the Attorneys will be paid the greater of $15,000 01' an amount determined in accordance with the following schedule. The amount to which the follow i ng schedu 1e percentages are applied 15 the aggregate amount of the face value of bonds issued to finance the improvements within the proposed assessment district as contemplated by this agreement. $0.00 $1,000,000. $5,000,000. Over $10,000,000. - $1,000,000. - $5,000,000. - $10,000,000. PERCENTAGE 1 1/2S 3/4 Cf' IS 1/2 OF IS 1/4 of IS AMOUNT The Attorney's fee will be payable upon the issuance of bonds. If other services are requested by the City which are not within the scope of those provided for herein, they will be performed by the Attorneys on a time-basis at the hourly rates of the Attorneys involved. In the event the bonds are not issued, the Attorneys will be paid a reasonable fee, to be mutually agreed upon. based upon applicable hourly rates of the Attorneys undertaking the work prior to abandonment but in no event shall such sum exceed $15,000. 4. REIMBURSEMENT QE EXPENSES In addition to the fees provided for above, the Attorneys will be rei mbursed by the Ci ty upon monthly statements for any out- of-pOCket expenses incurred by them in the course of their employment, such as 5-15-89 EXHIBIT A 2 - - - .. /'" .-, ..... ....... , ....) - / long distance telephone calls, telegrams, messenger and courier services, travel at the request of Ci1;y officials, duplicating, computer time, and the like. The Attorneys will order the printing of the bonds for the account of the C1ty. The b111 s for such pr1 nt1 ng w111 come d1 rectly to the C11;y and will be pa1d from bond proceeds. IN WITNESS WHEREOF, the part1es have caused this Agreement to be executed as of the date f1rst above written. BEST, BEST & KRIEGER !,~~ CITY OF SAN BERNARDINO a m1n1c1pal corporat10n BY Mayor ATTEST: Ci ty Clerk APPROVED AS TO FORM and LEGAL CONTENT: James F. Penman, C1 Attorney By: 5-15-B9 EXHIBIT A 3