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HomeMy WebLinkAbout40- Public Works File No. 14.40-62 .QTY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: ROGER G. HARDGRAVE, Director Subject: Resolution Approving Agmts. (Bond Counsel ; Fin. Counsult.& Assess. Dept: Public Works/Engineering Engr.) Assess. Distr. 985 ( Industrial Prkwy. Imp. Distr.) Date: December 2, 1987 Synopsis of Previous Council action: 10-6-87 ----- Authorization to Proceed granted by Motion. 12-7-87 ----- Finding of Need adopted. Recommended motion: Adopt Resolution. cc: Raymond Schweitzer, City Administrator James Penman, City Attorney Warren Knudson, Director of Finance Signat ° Contact person: Verne Nadeau Phone: 384-5026 Supporting data attached: Staff Report & Map Ward: 6 FUNDING REQUIREMENTS: Amount: $59,000 Source: (ACCT. NO.) 251-659-53925 (ACCT. DESCRIPTION) A.D. 985 To be paid from up-front monies to be deposited by Developer. Finance: Council Notes: Agenda Item No.— C11 { OF SAN BERNARDII`J - REQUE:. FOR COUNCIL ACTL-Al STAFF REPORT On October 6, 1987, this office was authorized to proceed with the establishment of an assessment district under the provisions of the Municipal Improvement Act of 1913 and the Improvement Bond Act of 1915 for the construction of Street improvements in portions of Industrial Parkway between Palm Avenue and the Cable Creek Flood Control Channel and in portions of the East side of Palm Avenue between Industrial Parkway and the A.T.& S.F. Railroad and to do all things necessary to bring the project to a timely completion. Now that the project is nearing the legal proceedings stage, it has become necessary to have the services of Bond Counsel , Financial Consultant ( Underwriter) and Assessment Engineer to assist the City and the City Staff in determining the financial feasibility and saleability of bonds with respect to the project and in the preparation of all the necessary proceedings relative thereto. As set forth in our Staff Report for the October 6, 1987 meeting, the Developer, Carl Waelder, has requested that the firm of BEST, BEST & KREIGER act as Bond Counsel and that the firm of STONE & YOUNGBERG act as Financial Counsultant ( Underwriter) for the project. This office has worked in the past with both of these firms, plus they are fi mi 1 i ar with the project and have already consulted with Mr. Waelder in that regards. Therefore we recommend that they act in their respective capacities. On November 10, 1987, this office requested proposals for Assessment Engineering services. With four responces to our request we conducted pannel interviews on November 20, 1987 and the firm of WILLDAN ASSOCIATES was chosen and is recommended to act in that capacity. Costs for this service ranged from a low of $18,000 to a high of $25,000. The source of payment for the Agreements and the financial obligations of the City with respect to the Agreements will be solely from up-front monies deposited with the City by the Developer in case of failure of the District to proceed. The estimated amounts are as follows: Assmt. Engr - $20,000; Undewriter - $10,000; Bond Counsel - $15,000; Outside Engineer for plan up-date - $9,000; City Staff time - $5,000 for a total of $59,000. If the District proceeds to the Bond Sale, then these costs will be paid from the bond receipts. The Developer will be requested to up-front these costs before proceeding any further with the project. We therefore, recommend that the Resolution Approving the Agreements be adopted. 12-02-87 75-0264 — rb °3m do �• , N� O Q do 0 r 1/► o ; � e e 'm r = o :Y z ) e + 9v e� Mat Qi---------- ; --- ----�-- -- TI i' 12-02-E7 I 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING CERTAIN PROPOSALS AND AGR"EMLNTS (BOND COUNSEL, UNDERWRITER AND ASSESS- 3 MENT ENGINEER) 4 WHEREAS, the City of San Bernardino (hereinafter called 5 "City" , has been requested to commence proceedings for the issuin 6 of bonds pursuant to the Improvement Bond Act of 1915 for the con 7 truction of street improvements in portions of Industrial Park- 8 way between Palm Avenue and the Cable Creek Flood Control Charnel 9 and in Dortions of the East side of Palm Avenue between Indust- 10 rial Parkway and the A.T. & S.F. Railroad right of way; and 11 WHEREAS , on October 6 , 1987 , the City Engineer and City 12 Clerk were authorized to proceed with initiating proceeding for 13 the project under the provisions of the 1913/15 Act, (Assess- 14 ment District No. 985) ; and 15 WHEREAS , the Developer has requested that BEST, BEST & 16 KRIEGER act as Bond. Counsel and that STONE & YOUNGBERG act as 17 Financial Consultant (Underwriter) on the project which was ap- 18 proved by reference in the authorization to proceed on said 19 October 6 , 1987 Council Meeting; and 20 WHEREAS, the Director of Public Works did on November 2'0 , 21 1987 , conduct panel interviews for Assessment Engineering service 22 for the project and the firm of WILLDAN ASSOCIATES was chosen to 23 act in that capacity; and 24 WHEREAS, BEST, BEST & KRIEGER ("Bond Counsel" ) , has sub- 25 mitted a proposal to serve as Bond Counsel to the City in .con- 26 nection with the proceedings under the municipal Improvement Act 27 of 1913 and issuance of said 1915 Act Bonds; and 28 WHEREAS, the City Attorney has recommended that outside counsel be retained. 2-24-8 1 WHEREAS, it is desirable for Bond Counsel and the City to 2 enter into an agreement whereby the respective rights, `i obligations and duties of Bond Counsel and the City may be set 4 forth with respect thereto; and 5 WHEREAS , STONE & YOUNGBERG ( the ° Underwri ter" ) , has 6 submitted a proposal to act as Financial Consultant 7 ( Underwriter) and assist the City and the City Staff in 8 determining the financial feasibility of issuing bonds of the 9 City and to select appropriate methods of financing Assessment 10 District No. 985; and 11 WHEREAS , it is desirable for the Financial Consultant 12 ( Underwri ter) and the City to enter into an agreement whereby 13 the respective rights , obligations and duties of the 14 Underwriter and the City may be set forth with respect 15 thereto; and 16 WHEREAS , WILLDAN ASSOCIATES , ( the Assessment Engineer ) 17 has submitted a proposal to serve as Assessment Engineer for 18 the City in connection with the proceedings to prepare the 19 Engineer' s Report, Maps , Notices and Assessment Rolls 20 necessary for the proceedings; and 21 WHEREAS, it is desirable for the Assessment Engineer and 22 the City to enter into an agreement whereby the respective 23 rights, obligations and duties of the Assessment Engineer and 24 the Ci ty may be set forth w th respect thereto. 25 26 27 28 122-87 2 1 NOW , THEREFORE , BE IT RESOLVED BY THE MAYOR AND COMMON 2 COUNCIL OF THE CITY OF SAN BERNARDINO THAT: `j SECTION 1. The City hereby approves the agreements as 4 attached hereto as Exhibits "A", "B" and "C" of the Bond 5 Counsel , Underwriter and Assessment Engineer , respectively, 0 and incorporated herein by reference and made a part hereof as 7 though fully set forth at length herein. 8 SECTION 2. That the Mayor of the City of San Bernardino 0 is hereby authorized and directed to execute on behalf of said 10 City said agreements with the Bond Counsel , Underwriter and 11 Assessment Engineer. 12 SECTION 3. The source of payment with respect to said 13 agreements as herein approved and the financial obligations of 14 the City relative thereto shall be solely from up-front monies 15 deposited with the City by the Developer and/ or the sale of 16 the tax-exempt bonds or other obligations of the City as 17 provided in said agreements and not from any other funds or 18 moneys of the City. 19 SECTION 4. This Resolution shall take effect upon 20 adoption. 21 22 23 24 25 26 27 28 12-2-87 3 Assessment District 985 Consultant Agreement I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at a meeting thereof, held 4 on the day of , 19,, by the 5 following vote, to wit: 6 7 AYES : CouncilMembers 8 9 NAYS: 10 ABSENT: 11 12 13 14 City Clerk 15 16 The foregoing resolution is hereby approved this 17 day of 19—. 18 19 20 21 Mayor of e City of an Bernardino 22 23 Approved as to form 24 and legal content: 25 f L;. 26 0' Attorney 27 28 11-2-87 4 AGREEMENT FOR LEGAL SERVICES HIS AGREEMENT is entered into as of the day of , 1988 by and between THE CITY OF SAN BERNARDINO, a municipal corporation (the "City") , and BEST, BEST & KRIEGER, a partnership including professional corpora- tions (the "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 Highways 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, with respect to the issuance of bonds pursuant to the said Improvement Bond Act of 1915, for the purpose of financing the design, acquisition and construc- tion of said public improvements and expenses incidental thereto. 2 . Services. The Attorneys will advise the City Attorney' s Office in regard to the proceedings for the es- tablishment of said assessment district and will prepare all ordinances, resolutions, notices, bond forms, and other documents required in the proceedings. They will ex- amine all proceedings, step-by-step as taken, and when the bonds are issued, will -1- Exhibit "A" 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 services to be rendered by the attorneys will not include any services in connection with validation or condemnation suits, if such suits be filed to validate any proceedings or for the acquisition of any property or easement proposed to be taken. The services of the Attorneys also do not include any services or opinions in connection with the writing of case contracts, any services or opinions in connection with any proceeding subsequent to the sale of bonds, or any services or opinions in connection with any litigation. 3. Compensation. For preparation and supervision of the proceedings, examination of each step as taken, and the issuance of their approving opinion on the bonds to be issued, the Attorneys will be paid the greater of $15 , 000 or an amount determined in accordance with the following schedule. The amount to which the following schedule percentages are applied is the aggregate amount of the face value of bonds issued to finance the improvements within the proposed assessment district as contemplated by this agreement. AMOUNT PERCENTAGE $0 . 00 - $ 1,000 ,000. 1-1/2% $1, 000, 000. - $ 5 , 000,000. 3/4 of 1% 1-7-88 -2- Exhibit "A" F $5 ,000 ,000 . - $10 ,000 ,000 . 1/2 of 1% over $10,000 ,000 . 1/4 of to 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 of Expenses. In addition to the fees provided for above, the Attorneys will be reimbursed by the City upon monthly statements for any out-of-pocket expenses incurred by them in the course of their employment, such as long distance telephone calls, telegrams, messenger and courier services , travel at the request of City officials, duplicating, computer time , and the like. The Attorneys will order the printing of the bonds for the account of the 1-7-88 -3- Exhibit "A" t City. The bills for such printing will come directly to the City and will be paid from bonds proceeds. IN WITNESS WHEREOF, the parties have caused this agreement to be executed as of the date first above written. . CITY OF SAN BERNARDINO BY Mayor ATTEST: City Clerk BEST, BEST & KRIEGER BY Partner APPROVED AS TO FORM AND LEGAL CONTENT Ci,t,fj Attorney 1-7-88 -4- Exhibit "A" r i BLANK: PAGE r i I I AGREEMENT FOR INVESTMENT BANKING SERVICES THIS AGREEMENT, made this day of , 1988 , by and between the City of San Bernardino, California (hereinafter called the "City" ) , and STONE & YOUNGBERG, 15260 Ventura Boule- vard, Sherman Oaks, California (hereinafter called the "Investment Banker" ) : WITNESSETH: WHEREAS, the City proposes to initiate proceedings for Assessment District No. 985 (Industrial Parkway Improvement District) (the "Project" ) ; and WHEREAS, the City requires assistance in the development of a sound, equitable and practical financing plan to implement the Project by taking into consideration sources of capital funds and cash flow requirements, annual costs , the allocation of those costs , statutory requirements and restrictions , and alternate methods, if applicable; and WHEREAS, the City requires the services of a municipal investment banker experienced in financial consulting for and underwriting the obligations of cities to assist in such financial planning and to purchase the City' s obligations at negotiated sale, and to coordinate the sale and distribution of the City' s obligations; and WHEREAS, the City has determined that the Investment Banker is qualified by training and experience to perform said services; 1 E,�,hibit "B" ® Q NOW, THEREFORE, it is mutually agreed as follows, to wit: The City hereby employs the Investment Banker and the Invest- ment Banker hereby accepts such employment to perform the services, upon the terms, subject to the conditions, and in consideration of payments as hereinafter set forth: I. Services to be performed by the Investment Banker: A. Structuring the Financing: 1. Investment Banker will work with City in developing the scope of the financial feasibility and assessing the marketability of the project. 2 . Investment Banker will work with the City' s bond counsel recommending specific terms and conditions affecting the basic security of the Bonds. 3. Investment Banker will prepare the text of an Official Statement for sale of the securities. Said Official Statement will include a descrip- tion of the Bonds and their security, and pertinent financial and economic data. In preparation of the Official Statement, Invest- ment Banker will exercise due diligence in the ascertainment of all material facts and circum- stances regarding the project and their dis- closure in the prospectus. 4 . Investment Banker will be present at any necessary information meeting or meetings. 5 . If the City so requests, Investment Banker will assist in arranging the selection of a paying agent. B. Marketing the Bonds: 1. Investment Banker will use its best efforts to accomplish the formal marketing at the earliest date possible consistent with sound investment banking and underwriting principles. Investment Banker agrees to use its best efforts in estab- lishing the interest rate or rates and discounts 1-7-88 -2- Exhibit "B" on the bonds . It is intended that, once purchased by the Investment Banker, the Bonds will be re- offered to the public on the basis of an immediate "bona fide public offering" . Investment Banker may form a group of investment banking firms for the purpose of underwriting and selling the Bonds. Investment Banker ' s earnings from such sale shall be its sole compensation under this agreement except as otherwise specifically set forth herein. 2. Investment Banker will submit an offer to the City to purchase the bonds subject to pertinent resolu- tions, the Official Statement, and all other necessary documents, approvals, and proceedings governing such Bonds having been determined by bond counsel , the City, and the Underwriter to be satis- factory in all respects for financing purposes . If after negotiations with Investment Banker, in good faith, the City and Investment Banker fail to agree on terms of sale of the Bonds, the City may terminate this Agreement, then offer the Bonds for sale to others. II. General Provisions Relating tc the City and the Investment Banker: A. The City agrees to cooperate with Investment Banker by making available copies of economic and financial re- ports, agreements, contracts, resolutions, and other relevant documents pertaining to the project, the City or the Bonds as reasonably may be required from time to time for prompt and efficient performance by Investment Banker of their obligations hereunder. B. Investment Banker shall pay its own out-of-pocket and other expenses, the cost of the preparation of the Official Statement, Underwriter' s Counsel , Blue Sky and Investment Memoranda used by the Investment Banker and all advertising expenses in connection with the public offering of the Bonds. C. The City shall pay from the proceeds of the Bonds or other funds of the City all costs and expenses customarily paid therefrom, including the cost of printing the Bonds, the Official Statement and other documents, the fees and expenses of its legal counsel, bond counsel, consultants, accountants, and of any other experts retained by the City in connection with the financing. 1-7-88 -3- Exhibit "B" 0 D. It is expressly understood and agreed and the City hereby recognizes that in performing its activities pursuant to a negotiated sale that Investment Banker is acting solely on its own behalf and plans to submit to the City a proposal to purchase the Bonds for resale. Nothing herein shall be t-,onstrued to make the Underwriter an employee or agent of the City, Investment Banker shall be at all times, an independent contractor. E. The term of this agreement shall extend to the date of sale of the Bonds as contemplated herein, as determined by the date upon which the formal Bond Purchase Contract is executed by the City and Investment Banker or the term of this Agreement shall be two (2) years from the date hereof, whichever is longer. This Agreement may be cancelled without cause by either party by giving the other party thirty (30) days written notice of such cancellation. Said notice shall be sent to the party by certified mail at the following address: CITY OF SAN BERNARDINO STONE & YOUNGBERG 300 North "D" Street 505 Lomas Santa Fee Drive San Bernardino, CA 92418 Solana Beach, CA F . The City may terminate this Agreement if , after negotiations in good faith, the City and Stone & Youngberg fail to agree on mutually acceptable terms of sale of the Bonds. Upon termination of this Agreement, the City shall be under no further obligation to the Underwriter hereunder, except that the City is obligated to pay to the Underwriter any expenses incurred on behalf of the City pursuant to Paragraph II B of this Agreement should the City not sell the Bonds to the Underwriter pursuant to Section B of this Agreement. THIS AGREEMENT shall not be amended except upon the express written Agreement of the parties hereto to such amendment. THIS AGREEMENT and any documents or instruments attached hereto or referred to herein integrate or terms and conditions mentioned herein or incidental hereto, and supercede all negotia- tions and prior writing in respect to the subject matter hereof . 1-7-88 -4- Exhibit "B" In the event of conflict between the terms, conditions or pro- visions of this Agreement, and any such document or instrument, the terms and conditions of this Agreement shall prevail . IN WITNESS WHEREOF, said City, has caused these presents to be properly executed, and said Investment Banker, has caused these present to be executed by one of its officers, as of the date hereinabove set forth. ATTEST: THE CITY OF SAN BERNARDINO BY Secretary STOWE & YOUNGBERG (SEAL) BY John L. Doyle, Partner Approved as to form and legal content: i y Attorney -7-88 -5- Exhibit "B" AGREEMENT FOR PROFESSIONAL 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" , and WILLDAN ASSOCIATES, a California corporation, hereinafter call "Engineer" . WITNESSETH WHEREAS, City desires to establish a Benefit Assessment Dis- trict for street improvements and other required improvements for the project known as the Industrial Parkway Assessment Dis- trict, pursuant to the proceedings of one or more of the municipal improvement acts; and WHEREAS, in order to develop such a program, it is necessary to retain the professional services of a qualified engineering and consulting firm; and WHEREAS, Engineer is qualified to provide said professional services for the development of such a program; and WHEREAS, San Bernardino City Council has elected to engage the services of Engineer upon the terms and conditions as herein- after set forth. NOW, THEREFORE, it is mutually agreed, as follows: 1. GENERAL Engineer shall perform those services specified in "Scope of Services" , a copy of which is attached hereto as Exhibit "1" and incorporated herein by reference and made a part hereof as though it were fully set forth herein. 1-11-88 Exhibit "C" Performance of the work specified in said Proposal is made an obligation of Engineer under this Agreement, subject to any changes made subsequently upon the mutual agreement of the parties hereto. 2. COMPENSATION Compensation to Engineer for the total services to be rendered pursuant to this Agreement shall be a lump sum of twenty thousand dollars ($20, 000) . These amounts shall be paid in monthly installments as work progresses and shall be totally due and payable upon com- pletion of all the items of work specified in Exhibit "l" . 3. EXTRA SERVICES No extra services shall be rendered by Engineer under this Agreement unless such extra services shall be authorized, in writing, by City, prior to the performance of such extra services. Authorized extra services shall be invoiced based on Engineer ' s "Schedule of Hourly Rates" dated August, 1987, a copy of which is attached hereto as Exhibit "2" and incorporated herein by reference and made a part hereof as though it were fully set forth herein. 4 . PAYMENT BY CITY The billings for all services rendered pursuant to this Agreement shall be submitted monthly by Engineer to City and shall be paid by City within twenty (20) days after receipt of same. 5. The director of Public Works of City, or his designee, shall have the right of general supervision of all work performed by Engineer and shall be City' s agent with respect to obtaining 1-11-88 Exhibit "C" Engineer ' s compliance hereunder. No payment for any services rendered under this agreement shall be made without prior approval of the Director of Public Works or his designee. ✓ �f f. f.: f 'J 1-11-88 Exhibit "C" 11. NOTICES Official notices relative to the services provided under this Agreement shall be in writing addressed to the following: Engineer City Mr . John A. Friedrich Mr . Roger G. Hardgrave Willdan Associates Director of Public Works/ 155 Hospitality Lane, Ste . 110 City Engineer San Bernardino, CA 92408 300 North "D" Street San Bernardino, CA 92418 12 . ENTIRE AGREEMENT This Agreement and any documents or instrument attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and supersede all negotiations and prior writing in respect to the subject matter hereof. In the event of conflict between the terms, conditions or provisions of this Agreement, and any such document or in- strument, the terms and conditions of this Agreement shall pre- . vail. r f,. 1-11-88 Exhibit "C" 6 . ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS LAWS Engineer hereby certifies that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status or national origin. Engineer agrees to take affirmative action to ensure that applicants are employed and employees are treated during employment without regard to their race, color , religion, sex, martial status or national origin. Such action shall include, but not be limited to, the following: employment; upgrading, demotion or transfer; recruitment or recruitment advertising; and designated repre- sentatives. In addition, Engineer shall not exclude from participa- tion in, deny the benefits of or subject to discrimination under this Agreement any employee or applicant for employment on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as pro- vided in Section 504 of the Rehabilitation Act of 1973 or religion except that any exemption from such prohibition against discrimina- tion on the basis of religion as provided in the Civil Rights Act of 1964 or Title VIII of April 11 , 1968, as amended, shall also apply. 7. TERMINATION OF AGREEMENT City shall have the right to terminate this Agreement upon giving a 10-day written notice of such termination to Engineer. In the event of such termination, the Director of Public Works of his designee, based upon work accomplished by Engineer prior to notice of such termination, shall determine the amount of fees 1-11-88 Exhibit "C" to be paid to Engineer for such services based upon accepted engineering and/or planning practices. Engineer shall have the right of appeal to such finding by the Director of Public Works or his designee, pursuant to San Bernardino Municipal Code, Section 2 . 64 . The determination of the Mayor and Common Council shall be final and conclusive as to the amount of such fee. 8. INDEPENDENT CONTRACTOR Engineer shall act as an independent contractor in the per- formance of the services provided for in this Agreement and shall furnish such services in Engineer ' s own manner and method and in no respect be considered an agent or employee of City. 9 . NON-ASSIGNMENT This Agreement is not assignable either in whole or in part by Engineer without the written consent of City. 10 . HOLD HARMLESS Engineer hereby agrees to and shall hold City, its elective and appointive boards, officers and employees harmless from any liability for damage or claims for damage for personal injury including death as well as from claims for property damage which may arise from Engineer ' s negligent acts, errors or omissions under this Agreement. Engineer agrees to and shall defend City and its elective and appointive boards, officers and employees from any suits or actions at law or in equity for damages caused by reason of any of the aforesaid negligent acts, errors or omissions . 1-11-88 Exhibit "C" IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officer duly authorized in that behalf , WILLDAN ASSOCIATES CITY OF SAN BERNARDINO a municipal corporation BY BY John A. Friedrich, Mayor Vice President ATTEST: City Clerk APPROVED AS TO FORM and LEGAL CONTENT: rr y Attorney 1-11-88 Exhibit "C" Aft CITY OF SAN BERNARDINO INDUSTRIAL PARKWAY ASSESSMENT DISTRICT EXHIBIT "I" SCOPE OF SERVICES In conjunction with the preparation of the Assessment Dis- trict Feasibility Report and formation of an Assessment District, the Engineer shall provide the following services: Phase 1 - Assessment District Feasibility Report 1. Determine area of benefit. 2. Prepare composite boundary map. 3 . Prepare assessment roll. 4. Identify non-assessable properties, if any. 5. Identify facilities to be financed by Assessment District. 6. Meet with City staff , as required. 7 . In conjunction with City staff , determine assessment spreading basis. 8. Attend a minimum of two (2) meetings and conduct an open house work shop with the area participants to discuss the district, boundaries, assessments and method of spread. 9 . Prepare alternates on the items to be included in the district for cost comparison purposes and new rolls for each. 10. Submit the property owners list, boundary map, preliminary cost spreads and other pertinent data to the City in a re- port form upon completion of Phase 1. Phase 2 - Assessment District Proceedings 1. 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 outside contributions. 2 . Coordinate with the appraisal engineer, design engineer, bond counsel and financial consultant selected for this project. 3 . Assist in the preparation of a detailed time schedule for the assessment proceedings. 1-11-88 Exhibit ":l" 4 . Prepare District boundary map. 5. Prepare assessment diagram. 6. Prepare a cost estimate of all incidental costs associated with the Assessment District. 7. Prepare the Preliminary Engineer ' s Report which will contain the plans and specifications, cost estimate with incidentals, assessment roll, method of assessment, District Procedural Certificates, assessment diagram and the description of work. 8 . Prepare and post notices. 9 . Prepare "Notice of Assessment Amount" (computer) con- taining (preliminary/confirmed) assessment amount, ownership name and address, assessment number and Assessor ' s parcel number. These notices will be pre- pared for two (2) mailings for Notification of Public Hearing and Confirmed Assessment. 10 . Attend the public hearings and present the Engineering ' s Report. 11. Prepare an amended Engineer ' s Report after opening construction bids to reflect the Contractor ' s bid prices for each item of work. 12. Upon completion of the public hearing on the assessment spread, make revisions as may be ordered by the City Council. 13 . Assist in the filing and recording of diagram and maps and prepare (Notice of Assessment) for recording and publication, as required by Assessment District proceedings. 14 . Prepare the collection list for the 30-day cash collection period. 15. 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 in excess of $150 (or whichever minimum amounts the statutes may provide at the time) . Unpaid liens of less than $150 would be included on the collection list to be submitted to the County. 1-11-88 Exhibit "1" 0 Services Provided By City In setting forth the Scope of Services, the City will assist the Engineer by providing the following: 1. Up-to-date maps, plans, reports and other data relating to the project. 2 . Envelopes and City letterhead for mailings. 3 . All appropriate cost estimates necessary for inclusion in the Engineer ' s Report. 4 . Right-of-entry upon public and private property, as required. 5. Other consultants whose services are required to com- plete the project. 1-11-88 Exhibit "1" WILLDAN ASSOCIATES SCHEDULE OF HOURLY RATES August 1987 Exhibit "2" Classification Fee Rate Per Hour Engineering Sr. Consultant $110 . 00 Principal Engineer 100 . 00 Division Manager 88. 00 Project Director 82 . 00 Sr. Engineer 75. 00 Sr. Project Manager 73 . 00 Project Manager 66 . 00 Associate Engineer 64 . 00 Sr. Designer (CADD) 64 . 00 Designer (CADD) 60. 00 Supervising Engineer 82 . 00 Engineering Associate 64. 00 Sr. Designer 60. 00 Sr. Design Engineer 52. 00 Design Engineer 48 . 00 Sr. Drafter 50. 00 Designer 42. 00 Sr. Drafter (CAD) 50 . 00 Drafter (CAD 46. 00 Drafter 40. 00 Technical Aide 34. 00 Spvsr. - Public Works Observation 66 . 00 Sr. Public Works Observer 55 . 00 Public Works Observer 46 .00 Sr. Real Property Agent 75 .00 Real Property Agent 66 . 00 Assistant Real Property Agent 55. 00 Surveying Spvsr. Mapping Services 80 . 00 Sr. Survey Analyst 60. 00 Sr. Calculator 60 . 00 Calculator II 50. 00 Survey Analyst 50. 00 Calculator I 40. 00 Spvsr. - Survey 72. 00 Survey Party Chief 67 . 00 Two-Man Field Party 132. 00 Three-Man Field Party 170. 00 7/27/87 Effective 8/1/87 1-11-88 Exhibit "T' Schedule of Hourly Rates August 1987 Page 2 Fee Rate Per Hour Special Districts Special Districts Coordinator $ 75 . 00 Special Districts Analyst II 55. 00 Special Districts Analyst I 45. 00 Planning Principal Planner 75. 00 Sr. Planner 61. 00 Planning Associate 56 .00 Planning Assistant 44 . 00 Planning Technician 35. 00 Building Plan Check Engineering 60. 00 Spvsr. Building Inspection 60. 00 Building Inspector 50. 00 Permit Specialist 37. 00 Rehabilitation Specialist 45. 00 Sr. Rehabilitation Specialist 55. 00 Spvsr. Rehabilitation Services 65 . 00 Computer Computer Time 63 . 00 Spvsr. Programming 66 . 00 Sr. Program Analyst 55. 00 Program Analyst 46 .00 Programmer 37 . 00 Computer Data Entry 32 . 00 Other Secretarial 30. 00 Consultation in connection with litigation and court appearances will be quoted separately. Additional billing classifications may be added to the above listing during the year as new positions are created. 7-27-87 Effective 8/1/87 1-11-88 Exhibit "2 " Scheaul- of Hourly Rates August 1987 Page 3 The above schedule is for straight time. Overtime will be charged at 1. 25 times the standard hourly rates. Sundays and holidays will be charged at 1. 70 times the standard hourly rates. It should be noted that the foregoing wage rates are effective through July 31, 1988 . The rates may be adjusted after that date to compensate for labor adjustments and other increases in labor costs. 7-27-87 Effective 8/1/87 1-11-88 Exhibit ",2"