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HomeMy WebLinkAboutAgenda Report - July 5, 1995 (49)CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Professional Services Agreements for Central City Revitalization Assessment District MEETING DATE: July 5, 1995 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council authorize the City Manager to execute professional services agreements with Timothy J. Hachman, Attorney at Law, for bond counsel services., and Kjeldsen-Sinnock & Neudeck, Inc. for assessment district engineering services. BACKGROUND INFORMATION: At its June 14, 1995 meeting, the City Council approved a professional services agreement with Freedman Tung & Bottomley (FTB) for design services for the Central City Revitalization Project. At that meeting, and at the April 12, 1995 meeting when the Concept Plan was approved, staff indicated that formation of the assessment district outlined in the Plan would require the services of an assessment engineer and bond counsel. By law, bond counsel services cannot be performed by the City Attorney. Timothy Hachman has performed this function for the City in previous districts and was approved by the Council at the April 12 meeting, although a formal agreement was not made at that time. This agreement has been prepared and is attached as Exhibit A. Basically, the bond counsel is responsible for all the legal proceedings involved in establishing an assessment district, as described in Section 1(a) of the agreement. His compensation, described in Section 1(b), amounts to $10,000 plus one percent of the total assessments and direct expenses. The compensation is payable from bond proceeds and the City is not obligated to pay any fees from other sources. The district engineer prepares the "Engineer's Report", which establishes the district and zone boundaries, prepares the assessment maps and spreads the cost of the improvements to the various parcels. The preliminary report will be done in early September and the required public meeting and public hearing will be held in October. At the April 12 meeting, staff indicated a preference that FTB's civil engineering subconsultant (Cella -Barr Associates) handle these tasks. At the June 14 meeting, staff indicated this had not worked out and that we were discussing the matter with Baumbach & Piazza of Lodi and Kjeldsen-Sinnock & Neudeck of Stockton. They have joined forces and have prepared the attached scope of work and agreement (Exhibit B). Their compensation, on a time -and -materials basis, will not exceed $86,500 unless additional meetings, over the many already included in the scope, are called by the City. This agreement has been reviewed by the City Attorney and will be signed by him prior to execution by the City Manager. FUNDING: Capital Outlay Reserve Jack . Ronsko ubl' Works Director Richard C. Prima, Jr, City Engineer Attachments cc: Finance Director Economic Development Coordinator Central City Revitalization Task Force APPROVED: THOMAS A. PETERSON recycled paper City Manager CCRPRFSV.DOC 06128195CC-1 EXHIBIT A -Ab 2EEMENT FOR LEGAL SERVICES LODI CENTRAL CITY REVITALIZATION ASSESSI4HINT DUMCT NO. 95-1 CITY OF LODI SAN JOAQUIN COUNTY, CALIFORNIA THIS AGREEMENT is made and entered into 1995, at Lodi. California, by `and between the CITY OF LODI, a municipal corporation of the State of California (the "City"), and TIMOTHY J. HACHMAN, Attorney at Law, Stockton, California ("Attorney"). 1. City proposes to institute proceedings for the acquisition and construction of public improvements in a special assessment district ("District") and to finance the cost thereof by the issuance of bonds under the Improvement Bond Act of 1915, California Streets and Highways Code, sections 8500, et seq. (the "Act"). 2. City requires the advice and assistance of bond counsel in such proceedings, and the public interest and convenience will be served by this Agreement. . . COVENANTS: The parties hereto mutually agree as follows: 1. RESPONSIBILITIES AND ' COMPENSATION OF ATTORNEY: (a) Attorney shall consult with City's administrative officers and assist in the formulation of a coordinated financial, engineering and legal program for the proceedings and the project, and perform the following services: (i) Confer with the Engineer of Work as to the sufficiency of the engineering documents to be prepared in the proceedings, review the documents for compliance with law, and provide such legal forms as may be required for legal adequacy. (ii) Prepare all resolutions, notices, affidavits, consents, waivers, and documents of a legal nature necessary for the conduct of an effective, legal bond proceeding, together with instructions as to filing and recording maps and documents, and publication, posting and/or mailing of any such documents to assure jurisdiction at any public hearing. (iii) Attend all meetings of the City Council or other public bodies relating to the proceedings and other public or staff meetings deemed necessary for the proper conduct of the proceedings, or when called upon by City, and obtain and assist in the presentation of substantial evidence to support any findings made by the Council at the conclusion of any public hearing. (iv) Confer with and advise City and the Engineer of Work concerning notice inviting bids, bids received, contracts awarded, bonds for the construction of any public impr9vements financed in said proceedings, and the performance of the work to its final' completion and acceptance by City. (v) Confer with and advise City and its Underwriter with respect to the sale of the bonds, and the printing and delivery of the bonds; prepare and provide receipts and closing documents as required to accompany the delivery of the bonds; and provide his legal opinion approving the legality of the proceedings for the authorization, issuance, sale and delivery of the bonds. (b)., Compensation for the above services shall be the sum of Ten Thousand Dollars ($10,000), plus 1% of the total assessments. (i) The compensation is payable and shall be paid solely from the proceeds of bonds to be issued pursuant to such proceedings, and City incurs no obligation to pay such compensation from any other source. (ii) Attorney shall be reimbursed from the bond proceeds for the direct cost of clerical and word processing services, long distance telephone tolls, filing, recording, printing and/or publication costs or fees incurred in rendering the required services enumerated under subparagraph (a) above. (iii) The foregoing compensation does not include any services to be rendered by Attorney relating to acquisition of lands, easements, or properties, or in eminent domain proceedings or any other litigation involving the City or directed by City to be undertaken by Attorney. Compensation for any. such excluded services which Attorney is directed to render. shall be made on a reasonable fee basis to be agreed upon. 2. RESPONSIBILITIES OF CITY: The City shall cooperate with the Attorney and shall furnish Attorney with certified copies of all proceedings taken by the City, or other documents deemed necessary by Attorney to render an opinion upon the validity of the proceedings, and shall pay to the Attorney from the proceeds of the bonds issued the compensation and costs incurred by the Attorney as set forth in paragraph 1 above. 3. AUTHORITY AND STATUS OF ATTORNEY: It is understood that neither the Attorney, nor any individual representing the Attorney, possesses any authority with respect to any decision of the City Council or any City official, beyond the rendition of information, advice, recommendation, or counsel. Attorney is an independent contractor and not an employee of the City and is responsible for all obligations consistent with that status. Attorney shall furnish to City evidence of insurance, reasonably satisfactory to the City's Finance Director, for the following coverages: Professional Liability coverage for not less than $500,000; and Automobile and General Liability coverage for not less than $500,000. 6a 4. TERMINATION bFAGREEMENT: This Agreement may be terminated by the City by giving written notice to the Attorney with or without cause, or may be modified by mutual consent of the parties at any time. In the event of termination, all finished and unfinished documents, exhibits, project data, Ireports, and evidence shall, at the option of City, become its property and shall be delivered to City by the Attorney. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. ATTEST: JENNIFER M. PERRIN, City Cleric Approved as to Form: ityA5Riiey CITY OF LODI By THOMAS PETERSON, City Manager TIMOTHY J. HACHMAN —3— C T;,isform ofagreement Agreement Between Client and Consultant is distribLited by the: C E LS O C Form A was developed by the ConsuAing Engineers and Land Surveyors of California. The form is intended primarily for the use of CELSOC members and may not be reproduced without the u..wrnu tv:wm+.., permissionof theConqutting Engineers and Land Surveyors of California Copyright 1994,1991, 7993, 1987, 1984, 198"2, 1979, 7978, 1975, 1973, 1970 and 1967. Agreement entered into at EXHIBIT B Client Inial Currsmtant fnsmis I I r Project No. made this day of ,19 , by and between Client: Consultant: Name City of Codi Name Kjeldsen-Sinnock & Neudeck, Inc. Address 221 W. Pine St. (P. 0. Box 3006) Address 1113 W. Fremont St. (P. 0. Box 844) Lodi, CV 95240 Stockton, CA 95201-0844 Phone (209) 333=6706 Phone (209) 946-0268 FAX (209) 333-6842 FAX (209) 946-0296 Client And Consultant Agree As Follows: Client intends to: Form an assessment district for the Central City Revitalization Project as described in the Concept Plan approved by the City Council on April 12, 1995. hereinafter called "project." A. Consultant agrees to perform the following scope of services: Provide district engineer services as required by law per the Scope of Work --Exhibit A. B. Client agrees to compensate consultant for such services as follows: Time and materials, per Exhibit B, not to exceed $ C_ This Agreement is subject to provisions 1 through 47 contained herein, and the terms and conditions contained in initialed exhibits attached herewith and made a part.hereof. (List exhibits below.) Supplementary conditions - Exhibit C Provisions of Agreement Client and consultant agree that the following provisions shall force or effect Subsequent modifications to this agreement shall be be part of their agreement: in writing and signed by both client and consultant. 1. This agreement shall be binding upon the heirs, executors, 4. Consultant's waiver of any term, condition, or covenant, or administrators, successors and assigns of client and consultant. breach of any term, condition, or covenant, shall not constitute the 2. This agreement shall not be assigned by either client or waiverof any otherterm, condition, orcovenant, orthe breach of any consultant without the prior written consent of the other. other term, condition, or covenant. 3. This agreement contains the entire agreement between client 5. If any term, condition, or covenant of this agreement is held by and consultant relating to the project and the provision of services acourtof competent jurisdiction tobe invalid, void or unenforceable, to the project. Any prior agreements, promises, negotiations or the remaining provisions of this agreement shall be valid and binding representations not expressly set forth in this agreement are of no on client and consultant. Form A Page 1 of 4 S. This agreement shall be governed by mod construed in accor- 15. If the scope of set..-as to be client rninais corsuirantintuals dance with the laws of the State of Calif omia. provided by consultant pursuant 7. Consultant shall only act as an advisor in all governmental to the terms of this agreement relations. include an ALTA survey, client agrees that consultant may sign one of the two ALTA Survey Statements attached hereto and incorporated herein by reference. In the event that consultant is required to sign a statement or and maybe tleed-by ea 49e ileleliemt. Wpen certificate which differs from the ALTA Survey Statements con- tained in the attachment, client hereby agrees to indemnify and hold consultant harmless from any and all liability arising from or resulting -paid O"FOOM, from the signing of any statement which differs from those state- 9. Client acknowledges that its right to utilize the services and ments contained in the attachment. work product provided puisuantto this agreement will continue only 16. If the scope of services to be provided by consultant pursuant so long as client is not in default pursuant to the terms and conditions to the terms of this agreement include the preparation of grading of this agreement and clierit has performed all obligations underthis plans but exclude construction staking services, client acknowl- agreement. Client further acknowledges that consultant has the edges that such staking services normally include coordinating civil unrestricted right to use the services provided pursuant to this engineering services and the preparation of as-built drawings pur- agreement as well as all work product provided pursuant to this suant to Uniform Building Code Appendix, Chapter 33 or local agreement. grading ordinances and client will be required to retain such services 10. Client and consultant agree to cooperate with each other in from another consultant or pay consultant pursuant to this agree- every way on the project. ment forsuch services as extra work in accordance with Provision 26. 11. Upon request, client shall execute and deliver, or cause to be 17. Consultant shall be entitled to immediately, and without notice, executed and delivered, such additional instruments, documents, suspend the performance of any and all of its obligations pursuant governmental fees and charges which are necessary to perform the to this agreement if client files a voluntary petition seeking relief terms of this agreement. underthe United States Bankruptcy Code orif there isan involuntary 12. Consultant makes no representations concerning soil condi- bankruptcy petition filed against client in the United States Bank- tions unless specifically included in writing in this agreement, and he ruptcy Court, and that petition is not dismissed within fifteen (15) is not responsible for any liability that may arise out of the making or days of its filing. Any suspension of services made pursuant to the failure to make soil surveys, or sub-surface soil tests, orgeneral soil provisions of this paragraph shall continue until such time as this agreement has been fully and properly assumed in accordance with Ctesting. 3. Client agrees not to use or permit any other person to use plans, the applicable provisions of the United States Bankruptcy Code and drawings, or other work product prepared by consultant, which in compliance with the final order or judgment. issued by the plans, drawings, orotherwork product are not final and which are not Bankruptcy Court. signed, and stamped or sealed by consultant. -Client agrees to be 18. This agreement shall not be construed to atter, affect or waive liable and responsible for any such use of nonfinal plans, drawings, any lien or stop notice right which consultant may have for the or other work product not signed and stamped or sealed by consult- performance of services pursuant to this agreement. Client agrees ant and waives liability against consultantfortheiruse. Clientfurther to separately provide to consultant the present name and address agrees that final plans, drawings or other work product are for the of the record owner of the property on which the project is to be exclusive use of client and may be used by client only for the project located. Client also agrees to separately provide consultant with the described on the face hereof. Such final plans, drawings or other name and address of any and all lenders who would loan money on work product may not be changed nor used on a different project the project and who are entitled to receive a preliminary notice. without the written authorization or approval by consultant If 19. If payment for consultant's services is to be made on behalf of consultant's work product exists in electronic or computerized client by a third-party lender, c:ient agrees that consultant shall not format, or is transferred in electronic or computerized format, the be required to indemnify the third-party lender, in the form of an stamp, seal and signature shall be original and may not be a endorsement or otherwise, as a condition of receiving payment for computer-generated copy, photocopy, or facsimile transmission of services. the original. 20. If client fails to pay consultant within thirty (30) days after 14. Consultant has a right to complete all services agreed to be invoices are rendered, client agrees consultant shall have the right rendered pursuant to this contract In the event this agreement is to consider such default in payment a material breach of this entire terminated before the completion of all g s, unless consultant agreement, and, upon written notice, the duties, obligations, and is responsible for such early terminatio �t n�r s to release e responsibilities of consultant under this agreement are suspended consultantfrom all liability for services performedA I he ILe ,t, I o par-t'ia'"Ell ���prterm, in� . In such event, client shall promptly pay consultant for ?"ch"arges, any portion of the services or work product prep dr and services provided by consultant prepared by consultant be suspended, abandoned, or terminated, 21. All fees and other charges will be billed monthly and shall be client shall pay consultant for all fees, charges, and services due at the time of billing unless otherwise specified in this agreement provided for the project, not to exceed any contract limit specified 22. Client agrees that the periodic billings from consultant to client herein. Client acknowledges if the project services are suspended are correct, conclusive, and binding on client unless client, within ten and restarted, there will be additional charges due to suspension of 0 0) days from the date of receipt of such billing, notifies consultant the services which shall be paid for by client as extra services. in writing of alleged inaccuracies, discrepancies, or errors in billing. Form A Page 2 of 4 C C 23. Client agrees to pay a monthly late payment charge, which will be the lesser of, one and one-half percent (1 1/21/6) per month or a monthly charge not to exceed the maximum legal rate, which will be applied to any unpaid balance commencing thirty (30) days after the date of the original billing. 24. If consultant, pursuant to this agreement, produces plans, specifications, or other documents and/or performs field services, and such plans, specifications, and other documents and/or field services are required by one or more governmental agency, and one or more such governmental agency changes its ordinances, poli- cies, procedures or requirements after the date of this agreement, any additional office or field services thereby required shall be paid for by client as extra services. - - applied is all 26. Client agrees that if client requests services not specified pursuant to the scope of services description within this agreement, client agrees to pay for all such additional services as extra work 27. In the event that any staking or record monuments are de- stroyed, damaged or disturbed by an act of God or parties other than consultant, the cost of restaking shall be paid for by client as extra services. 28. Client acknowledges that the design services performed pursu= ant to this agreement are based upon field and other conditions existing at the time these services were performed. Client further acknowledges that field and other conditions maychange bythe time project construction occurs and clarification, adjustments, modifica- tions and other changes may be necessary to reflect changed field or other conditions. If the scope of services pursuant to this agreement does not include construction staking services by consultant forthis project, or N subsequent to this agreement client retains other persons or entities to provide such staking services; or if the scope of services pursuant to this agreement does not include on-site construction review, construction management, observation of construction of engineering structures, or other construction services for this project, or if subsequent to this agreement client retains other persons or entities to provide such construction services, then client acknowledges that such services will be performed by others and that client will defend, indemnify, and hold consultant harmless from any and all claims arising from or resulting from the performance of such services by other persons or entities except claims caused by the sole negligence orwillful misconduct of consultant; and from any and all claims arising from or resulting from clarifications, adjust- ments, modifications or other changeSwhich may be necessary to reflect changed field or other conditions except claims caused by the sole negligence or willful misconduct of consultant. 29. Client shall pay the costs of checking and inspection fees, zoning and annexation application fees, assessment fees, soils engineering fees, soils testing fees, aerial topography fees, and all other fees, permits, bond premiums, applicable taxes on profes. sional services, title company charges, blueprints and reproduc- tions, and all other charges not specifically covered by the terms of this agreement. 30. Client acknowledges and agrees that if consultant provides Form A surveying services, v.,.,oh ser- Client initials Consuitanrrnrdals vices require the filing of a Record of Survey in accordance with Business and Professions Code Section 8762, that all of the costs of preparation, examination and filing for the Record of Survey will be paid by client as extrawork in accordance with Provision 26. 31. Consultant is not responsible for delay caused by activities or factors beyond consultant's reasonable control, including but not limited to, delays by reason of strikes, lockouts, work slowdowns or stoppages, accidents, acts of God, failure of client to furnish timely information or approve or disapprove of consultant's services or - work product promptly, faulty performance by client or other contrac- tors or governmental agencies. When such delays beyond consultant's reasonable control occur, client agrees consultant is not responsible in damages nor shall consultant be deemed to be in default of this agreement. 32. Consultant shall not be liable for damages resulting from the actions or inactions of governmental agencies including, but not limited to, permit processing, environmental impact reports, dedica- tions, general plans and amendments thereto, zoning matters, annexations or consolidations, use or conditional use permits, project or plan approvals, and building permits. The client agrees that it is the responsibility of the client to maintain in good standing all government approvals and permits and to apply for any exten- sions thereof. 33. Consultant makes no representation concerning the estimated quantities and probable costs made in connection with maps, plans, specifications, reports or drawings other than that all such costs are estimates only and actual costs will vary. It is the responsibility of client to verity costs. 34. Client acknowledges that consultant is not responsible for the performance of work by third parties including, but not limited to, the construction contractor and its subcontractors. 35. Consultant makes no warranty, either expressed or implied, as to his findings, recommendations, plans, specifications, or profes- sional advice except that the services or work product were per- formed pursuant to generally accepted standards of practice in effect at the time of performance. 36. Estimates of land areas provided under this agreement are not to be considered precise unless consultant specifically agrees to provide the precise determination of such areas. 37. In the event the client ag- 9sto, permits, authorizes. constructs or permits construction of changes in the plans, specifications, and documents or does notfollow recommendations or reports prepared by consultant pursuant to this agreement, which changes are not consented to in writing by consultant, client acknowledges that the changes and their effects are notthe responsibility of consultant and client agrees to release consultant from all liability arising from the use of such changes and further agrees to defend, indemnify and hold harmless consultant, its officers, directors, principals, agents and employees from and against all claims, demands, damages or costs arising from the changes and their effects. 38. Client agrees that in accordance with generally accepted construction practices, construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property; that this requirement shall be made to apply continuously and not be limited to normal working hours. Page 3 of 4 39. In the event client discovers or become,. ware of changed field or other conditions which necessitate clarification, adjustments, modifications or other changes during the construction phase of the project, client agrees to notify consultant and engage consultant to orepare the necessary clarifications, adjustments, modifications or Aher changes to consultant's services'af'work product before construction activities commence or further activity proceeds. Fur- ther, client agreesto have a provision in its construction contracts for the project which requires the contractor to notify client of any changed field or other conditions so that client may in tum notify consultant pursuant to the provisions of this paragraph. wid-laRt as 42 Client acknowledges that consultant's scope of services f orthis project do not include any services related in any way to asbestos and/or hazardous or toxic materials. Should consultant or any other party encounter such materials on the job site, or should it in any other way become known that such materials are present or maybe present on the job site or any adjacent or nearby areas which may affect consultant's services, consultant may, at its option, terminate work on the project until such time as client retains a specialist contractor to abate and/or remove the asbestos and/or hazardous ortoxic materials and warrant that the job site is free f rom any hazard which may result from the existence of such materials. 43. The client hereby agrees to bring no claim for negligence, preach of contract, strict liability, indemnity, delays or otherwise against the consultant, its principals, employees, and agents 9 such claim, in any way, would involve the consultant's services for the investigation, detection, abatement, replacement, use or specifica- tion, or removal of products, materials or processes containing asbestos, asbestos cement pipe, and/or hazardous or toxic materi- als. 44. If any action at law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this agreement or in any ....i connected with the performance of this agreement, the prevailing party shall be entitled to reasonable attorneys' fees, which fees may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which he may be entitled. 45. Client agrees that in the event client institutes litigation to enforce or interpret the provisions of this agreement, such litigation is to be brought and adjudicated in the appropriate court in the county in which consultant's principal place of business is located, and client waives the right to bring, try or remove such litigation to any other county or judicial district 46. (a) Except for the provision of subdivision (b) and subdivision (c), and in an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the client and the consultant agree that all disputes between them arising out of or relating to this agreement shall be submitted to nonbinding mediation or other form of Alternative Dispute Resolution as agreed to by the parties. r these agreeme (b) Subdivision (a) does not preclude or limit consultant's right to elect to file an action for collection of fees if the amount in dispute is within the jurisdiction of the small claims court. (c) Subdivision (a) does not preclude or limit consultant's right to elect to perfect or enforce applicable mechanics lien remedies. 47. (a) Notwithstanding any other provision of this agreement and except for the provisions of (b) and (c), if a dispute arises regarding consultant's fees pursuant to this contract, and if the fee dispute cannot be settled pursuant to Provision 46, such dispute shall be settled by binding arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. (b) Subdivision (a) does not preclude or limit consultant's right to elect to file an action for collection of fees if the amount in dispute is within the jurisdiction of the small claims court. (c) Subdivision (a) does -,ot preclude or limit consultant's right to elect to perfect or enforce applicable mechanics lien remedies. IN WITNESS WHEREOF, the parties hereby execute this agreement dated stated above. Client Consultant An M rynw By By NamefTitle Date Signed Project Number Approved as to form Form - A NameMtle Date Signed Project Number upon the terms and conditions PW W rn. it Attorney Client should mail completed contract to the address shown for consultant. Page 4 of 4 Revised June 27, 1995 Exhibit A PROPOSED SCOPE OF ENGINEERING SERVICES THE CITY OF LODI ASSESSMENT DISTRICT DOWNTOWN LODUCHEROKEE LANE Central City Revitalization Program I. Prepare Assessment District Boundary Map (B & P) A. Establish District boundary and internal zones. 1. Preliminary District Boundary Map 2. Coordinate with City staff and Council 3. Finalize District Boundary B. Rationale for included area and internal zones. C. Boundary description. II. Develop assessment formula and supporting rationale (KSN). III. Prepare Assessment Roll (KSN). A. Prepare assessment spread method per Central City Revitalization Program report. B. Listing of all parcels within the District boundary. The working assessment roll will include the following information: 1. Assessment District parcel number 2. Assessor's Parcel Number 3. Street address 4. Owner's name 5: Parcel front footage 6. Parcel area 7. Parcel land use/zoning 8. Proposed assessment IV. Prepare Assessment Diagram (B & P and KSN) V. Prepare Engineer's Report (B & P and KSN). A. Description of work to be constructed. B. Estimate of cost for improvements and incidentals, (to be provided by others). C. Assessment District Boundary Map D. Assessment Diagram showing boundaries of Assessment District, internal assessment zones, and parcels to be assessed. 11 4 hine 27, 1995 E. :Assessor M Roll based on estimated costs. 1. Assessment District parcel number 2. Assessor's parcel number 3. Owner's Name 4. Street address 5. Assessment by parcel VI. NVIPetings (B & P and KSN ). A. Attend City Council meeting for the purposes of presenting and seeking approval of the Engineer's Report (6 meetings). 1. Downtown Lodi a) Initiate assessment proceedings b) Intent to form Assessment District Boundary c) Adopt Engineer's Report 2. Cherokee Lane a) Initiate assessment proceedings b) Intent to form Assessment District Boundary C) Adopt Engineer's Report B. Attend coordination meetings with City staff and Bond Counsel (8 meetings). C. Respond to property owners questions regarding assessment methodology. VII. Finalize Engineer's Report (B & P and KSN). VIII. Update Assessment Roll per final cost estimates (KSN ). IX. Work by Others A. Preparation of environmental documentation. _ B. Preparation of construction plans and specifications. C. Preparation of construction cost estimates. D. Bidding and awarding of the construction contract. E. Construction change orders. F. Construction inspection. G. Preparation and Distribution of Public Notices including; mailers, postings, publications, etc._ Exhibit B KJELDSEN, SINNOCK & NEUDECK, INC. CONSULTING CIVIL ENGINEERS KENNETH L. KJELDSEN _ 1113 WEST FREMONT STREET TELEPHONE 946-0268 STEPHEN K. SINNOCK POST OFFICE BOX 844 AREA CODE 209 CHRISTOPHER H. NEUDECK STOCKTON, CALIFORNIA 95201.0844 FAX NO. 946-0296 1995 FEE SCHEDULE SERVICES HOURLY RATES Enaineerina & Consultin Principal Engineer $ 96.00 Associate Engineer $ 80.00 Assistant Engineer $ 66.00 Junior Engineer $ 56.00 Inspector $ 50.00 Senior Technician/Draftsperson $ 50.00 Junior Technician/Draftsperson $ 46.00 Clerical $ 34.00 Survey Crew• 3 Man Survey Crew $145.00 2 Man Survey Crew $110.00 Expenses: Special Consultants Cost Plus 100 Mileage .30 Cents Per Mile Special Printing, Copies, Telephone, Fax, Photos, Survey Materials, Etc. Cost Plus 10% Boat $34.00/Hour Note: Fees are due and payable within 15 days from the date of billing. Fees past due may be subject to a finance charge which will be computed on the basis of 1 1/2% per month of the unpaid balance. Effective 1/1/95 - 12/31/95 Exhibit C Supplementary Conditions A. All original papers, documents, drawings and other work products of consultant, and copies thereof, produced by consultant pursuant to this agreement shall become the property of Client, and may be used by Client without the consent of consultant, for Client's purposes related to the project described on the face thereof, but not for resale or distribution to third parties. Notwithstanding the preceding sentence, consultant shall also have the right to use all such papers, document, drawings and other work products without consent of Client. B. Consultant agrees to diligently pursue all work under the terms of the Agreement and to prepare the Preliminary Engineer's Report within ten (10) weeks from the date of execution of this agreement. C. Consultant shall obtain and maintain during the period of this Agreement the following insurance and furnish a certificate naming Client as additional insured: Public liability: $1,000,000 Property damage: $1,000,000 Errors and Omissions: $1,000,000 CITY COUNCIL STEPHEN J. MANN, Mayor DAVID P. WARNER Mayor Pro Tempore RAY C. DAVENPORT PHILLIP A. PENNINO JACK A. SIECLOCK CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6706 FAX (209) 333-6842 June 29, 1995 SUBJECT: Professional Services Agreements for Central City Revitalization Assessment District THOMAS A. PETERSON City Manager JENNIFER M. PERRIN City Clerk BOB McNATT City Attorney Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, July 5, 1995, at 7 p.m. The meeting will be held in the City Council Chamber, Carnegie Forum, 305 West Pine Street. This item is on the regular calendar for Council discussion. You are welcome to attend. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to the City Clerk at 305 West Pine Street. If you wish to address the Council at the Council meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Jennifer Perrin, City Clerk, at (209) 333-6702. If you have any questions about the item itself, please call Richard Prima, City Engineer, at (209) 333-6706. Jack L1 Ronsko ublic arks Director JLRArn Enclosure / cc: City Clerk NCCRPRFS.DOC TONY SEGALE CENTRAL CITY REVITALIZATION C/O SEGALE SIGNS 204 N SACRAMENTO ST LODI CA 95240 JIM SCHWEICKARDT CENTRAL CITY REVITALIZATION C/O PACIFIC COAST PRODUCERS CORPORATE HEADQUARTERS 631 N CLUFF AVE LODI CA 95240 JOHN BORELLI DENNIS CUNNINGHAM DALE GILLESPIE CENTRAL CITY REVITALIZATION CENTRAL CITY REVITALIZATION CENTRAL CITY REVITALIZATION C/O JOHN BORELLI JEWELERS C/O BIG O TIRES C/O GEWEKE FORD 9 N SCHOOL ST 302 N CHEROKEE LN 1045 S CHEROKEE LN LODI CA 95240 LODI CA 95240 LODI CA 95240 BOBJOHNSON CENTRAL CITY REVITALIZATION C/O DUNCAN, DUNCAN S ASSOC 18826 N LOWER SACRAMENTO RD WOODBRIDGE CA 95259 VIRGINIA SNYDER CENTRAL CITY REVITALIZATION C/O EASTSIDE IMPRVMNT COMM 412EOAK ST LODI CA 95240 ROSE MARIE MENDONCA CENTRAL CITY REVITALIZATION C/O ROSE MARIE REALTY 1 N CHEROKEE LN LODI CA 95240 BARBARA McWILLIAMS CENTRAL CITY REVITALIZATION C/O POSER'S TV 208 S SCHOOL ST LODI CA 95240