Res 98-106 RESOLUTION NO. 98-106
a RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POWAY, CALIFORNIA
APPOINTING AN ENGINEER OF WORK FOR
ASSESSMENT DISTRICT NO. 99-01
(OLD COACH ROAD WATER LINE PROJECT)
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Poway, California, as follows:
WHEREAS, this Council proposes to undertake proceedings pursuant to
appropriate special assessment and assessment bond acts for the acquisition,
construction and financing of certain public improvements in this City; and
WHEREAS, the public interest and general welfare will be served by appointing
and employing an Engineer of Work for the proceedings;
NOW, THEREFORE, IT IS ORDERED as follows:
Harris & Associates, San Diego, California, is appointed and retained as
Engineer of Work; its compensation to be, and it is hereby fixed at a reasonable fee for
such services, as described in their proposal attached hereto and labeled Exhibit 1.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting thereof on this 8th day of December, 1998.
ATTEST: '~
~o~i~,nne Peoples, City~ Cl~rk
Michael P. Cafag~
Resolution No. 98-106
Page 2
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO)
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 98-106 was duly adopted by the
City Council at a meeting of said City Council on the 8th day of December 1998,
and that it was so adopted by the following vote:
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT:
NONE
Peoples, Cit~ ~lgrk
City of Poway
Resolution No. 98-106
Page 3
November 23, 1998
Mr. Brad Kutzner, PE
Senior Civil Engineer
City of Poway
13325 Civic Center Drive
Poway, CA 92074
NOV 2 4= 1998
By
Harris & Associates
Program Managers
Construction Managers
Civil Engineers
Re: Proposal for Assessment Engineering Services for the Old Coach Road
Water Line Acquisition Assessment District
Dear Brad,
As you requested at the November 19, 1998 property owner meeting, the following is our
proposal for providing assessment engineering and acquisition services for the formation of the
Old Coach Road water line construction project.
The Assessment District is proposed to be established under the authority of the Municipal
Improvement Act of 1913 and the Integrated Financing District Act. Completion of the tasks
outlined in the Scope of Work will ensure the City that all statutory requirements are met to
establish the District, and allow the City to levy assessments on properties within the District
that receive benefits.
Based on the preliminary analysis for the district, there are 43 parcels that will receive benefit
from the water line construction.
SCOPE OF WORK
Phase 1 - Initial Services up to Preliminary Enqineer's Report
All elements required by the 1913 Act, 1915 Acts and Article XIIID of the California
Constitution (Prop. 218) will be provided to the City, including an Engineer's Report
that utilizes an appropriate assessment methodology for apportioning the costs to all
properties receiving "special benefits" from the facilities. The Engineer's Reports will
be prepared and signed by a registered Professional Civil Engineer. The form of the
legal notice and ballot will be prepared, and each assessed parcel will receive a
customized ballot with the individual assessment information printed on it.
1-1
Initial Meeting. Meet with the City and the project team team (bond counsel,
the underwriter, the financial consultant, the property owner representatives,
the design engineer, etc.) to discuss the scope of the work, the properties that
may have special needs and considerations, the estimated cost of construction,
F:\WP5\COX\PROP',POWAY~OLDCOACI~PROPOSAL.DOC
Exhibit I
11440 West Bemardo Court, Suite 300 San Diego, California 92127 (619) 674-5552 FAX (619) 674-5553 sandiego@harris-assoc,com
Mr. Brad Kutzner
City of Poway
November 23, 1998
Page 2
Resolution
Page 4
No. 98-106
and other information regarding the proposed improvements and properties.
This meeting will ensure that all parties understand all aspects of the analysis
work before any work begins.
1-2
Research. Gather materials, maps, Assessor's parcel information, property
owner's names and addresses, direct and indirect costs, water line construction
information and related data for establishment of district boundaries, zones of
benefit, and program costs.
Confirm the list of property owners for all parcels within the proposed District.
The list will include the following:
1-3
1-4
1-5
1-6
1-7
· Assessor's Parcel Number (APN)
· Property address
· Property owner's mailing address
· Parcel size, location along the water line, developability, etc.
Boundary Map. Prepare the Proposed Boundary Map for recordation pursuant
to the Improvement Act of 1913 and the San Diego County Recorders Office.
Submit two (2) original 18" x 26" mylars and two (2) copies of the Proposed
Boundary Map.
Preliminary Cost Estimate. Assemble the costs to be assessed. Prepare a
preliminary estimate to include costs of improvements based on the acquisition
audit (Phase 3) including main line construction and lateral lines, incidental
costs including Right-of-Way costs, and bond costs, for review with the project
team.
Methodology. Develop up to three (3) alternative assessment apportionment
concepts for the district, according to special benefit and utilizing the proposed
water line plans, for review with the project team. (1 meeting)
Assessment Diagram. Prepare the Assessment Diagram pursuant to the
Improvement Act of 1913 and the San Diego County Recorders Office. The
Diagram will show the boundaries of the District, the Zones of Benefit and each
property with its assigned Assessment Number. Submit two (2) original 18" x
26" mylars and two (2) copies of the Proposed Boundary Map.
Draft Preliminary Engineer's Report. The Preliminary Engineer's Report will
be prepared by a registered Professional Engineer, certified by the State of
California, and will incorporate the requirements of Article XIIID of the California
Constitution, the Municipal Improvement Act of 1913, the Improvement Bond
Act of 1915, the Special Assessment Investigation, and Limitation and Majority
Protest Act of 1931. The Report shall include the following:
· A general description of the improvements,
· Estimates of the costs of the improvements,
F:\WP5\COX\PROP\POWAY~OLDCOACH~PROPOSAL.DOC
Mr. Brad Kutzner
City of Poway
November 23, 1998
Page 3
Resolution No.
Page 5
98-106
1-8
1-9
· A listing of Assessor's Parcel Numbers to be assessed, and the estimated
maximum amount of assessment to be levied for each parcel,
· Assessment methodology used to determine the apportionment of special
benefit to the benefiting parcels and delineate zones of benefit, if any,
· A copy of the Assessment Diagram.
Furnish up to 10 copies of the draft Preliminary Engineer's Report for review
and comment by City staff and the project team. Furnish up to 10 copies of the
2nd draft Preliminary Engineer's Report for review and comment by City staff
and the project team. After 2nd Draft review and comments, meet with
property owners in the separate zones to discuss the proposed Assessment
District. (2 meetings)
Property Owner Meetings. Attend meetings with property owners to review
proposed assessment methodology and discuss the assessment formation
process. Includes preparing letters inviting property owners to the meeting and
delivery of the letters to the City for mailing. (2 meetings)
Final Preliminary Engineer's Report, Finalize Preliminary Engineer's Report,
which will be signed by a registered Professional Engineer, certified by the
State 'of California, for approval by the City Council. Furnish up to twenty (20)
copies of the Preliminary Engineer's Report, as ordered by the City.
Phase 2 - Resolution of Intention to Initial Bond Sale
2-1 Present Engineer's Report. Attend the City Council meeting for adoption of
the Resolution of Intention, to present the Preliminary Engineer's Report.
2-2
Bond Issue Strategy Meetings. Participate in meetings and discussions with
the City, Bond Counsel and the project team regarding bond issues, project
schedule and the proceedings. (2 meetings)
2-3
Notice of Formation. Accomplish printing and mailing of the Notice of Public
Hearing and ballot, including preliminary assessment amount, to all assessed
property owners of record within the proposed district, as required by the 1913
Act and Article XIIID of the California Constitution. This includes printing of
Notices and ballots and stuffing in City provided envelopes and delivery to the
City for mailing.
2-4
Property Owner Information Meeting. Attend a meeting with property owners
to review proposed assessment district, including the process, the methodology
and costs. The date and time for the Property Owner Information Meeting will
be included in the Notice of Formation. (1 meeting)
2-5
Final Engineer's Report. Prepare the Final Engineer's Report for approval at
the Public Hearing. Furnish up to twenty (20) copies of the Final Engineer's
Report, as ordered by the City.
F:\WP5\COX\PROP~OWAY~OLDCOACH\P ROPOSAL.D OC
Mr. Brad Kutzner
City of Poway
November 23, 1998
Page 4
Resolution No.
Page 6
98-106
2-6
Public Hearing. Attend the public hearing to present the Engineer's Report,
answer questions concerning the assessment proceedings and tabulate the
ballots. Upon completion of the public hearing for confirmation of
assessments, make amendments and corrections to the Engineer's Report, as
ordered by the City Council.
2-7
Notice of Confirmed Lien. Accomplish printing and mailing of Cash Collection
Notice of Confirmed Lien including the cash payoff amount to all property
owners of record within the confirmed District, as required by the 1913 Act.
This includes printing of the Notices and stuffing in City provided envelopes
and delivery to the City for mailing.
2-8
Preparation of List of Assessments. Prepare the Notice of Assessment, List
of Assessed Property Owner Names and the List of Paid and Unpaid
Assessments for recordation purposes.
2-9
Initial Bond Sale. Assist the City and project team with review of the Official
Statement and provide basic assessment engineering, as necessary, to bring
the project to the point of initial bond sale.
2-10Annual Levy of Assessments. Prepare the Annual Assessment Roll Report
that provides a listing of the annual assessments due for each parcel including
both principal and interest. Submit the Assessment Roll in the format required
by the County Auditor-Controller for inclusion on the annual property tax bills.
Submit the Roll, with certification letter and certified resolution, prior to July 31.
Make adjustments and corrections to the Roll as required and resubmit all
corrections by August 10.
Phase 3 - Acquisition Audit
3-1 Acquisition Guidelines. Prepare guidelines for owners / contractor for audit
submittal requirements.
3-2
Construction Project Review. Review the water line design contracts,
construction contracts, contract change orders, constructed improvements, and
agency acceptance of improvements.
3-3
Project Audit. Perform an audit of invoices for work performed, checks issued,
proof of payment received (canceled checks / bank statements showing checks
were cashed), contractor and subcontractor lien releases.
3-4
Acquisition Report. Summarize the construction project review and the
project audit, and provide a recommendation of the amount to be reimbursed to
the property owners from bond sale. Submit up to five (5) copies of the draft
Acquisition Report and up to ten (1 O) copies of the final report.
F:\WP5\COX\P ROP\POWAY~OLDCOACH~PROPOSAL.DOC
Mr. Brad Kutzner
City of Poway
November 23, 1998
Page 5
Resolution No.
Page 7
98-106
Responsibilities of the City
1. Designate a project manager to manage and coordinate the project.
Make available records and documentation in conjunction with preparation of the
assessment methodology and Engineer's Report, including improvement costs,
fair share estimates of costs for any improvements with "overlapping benefit",
financing costs, incidental and bond costs, and appraisals.
Schedule, administer, and accomplish the publishing and mailing of required
notices in accordance with Article XIIID of the California Constitution, the
Improvement Act of 1913, the Municipal Bond Act of 1915 and the Government
Code. Schedule meetings and hearings as required by the prevailing law(s) and
prepare all notices and all resolutions required by the City Council pertaining to
the Public Hearing.
4. Process environmental review, and/or arrange for exemption.
5. Prepare, provide and/or acquire all Right-of-Way documentation, as required for
the proposed assessment district proceedings.
6. Secure Special Counsel and/or Financial Consultants for proceedings.
7. Provide appraisals, as needed, for benefiting properties for the Bond Sale.
8. Accomplish recordation of all required Maps, Diagrams, and Notices.
SCHEDULE
The schedule shown on the following page provides an estimated timeline of the
project tasks based on the assumption that the construction of the water line will be
completed in sufficient time to form the assessment district and sell bonds by mid
July 1999.
F:\WP5\COX',PROP\POWAY~OLDCOACH\PROPOSAL.DOC
Mr. Brad Kutzner
City of Poway
November 23, 1998
Page 6
Resolution No. 98-~06
Page 8
Task Est. Date
Project Desitin and Construction late Mar-9,
Phase 1 - Initial Services up to Prellmlnaq/ Engineer's Re
1.1 Initial Meetincj mid Dec-98
1.2 Research mid Jan-99
1.3 Boundary Map mid Jan-99
1.4 Preliminary Cost Estimates earl), Feb-99
1.5 Methodolo~l¥ early Feb-99
1.6 Assessment Dia~lram ead¥ Feb-99
1,7 Draft Preliminary En~lineer's Report early Mar-99
1.8 Properbj Owner Meetin~ls (2) Feb- Mar-99
1.9 Final Preliminary En~lineer's Report late Mar-99
Phase 2 - Resolution of Intention to Initial Bond Sale
2.1 Resolution of Intention 6-Apr-99
2.2 Bond Issue Stratec,,l¥ Meetin~ls (2) Apr- Jun-99
2.3 Notice of Formation b)' 16-Apr-99
2.4 Propert7 Owner Information Meetincj early May-99
2.5 Final En~lineer's Report late May-99
2.6 Public Headn~l 1-Jun-99
2.7 Notice of Confirmed Lien (30 da)' period) earl}, Jun-99
2.8 List of Assessments earl)' Jul-99
2.9 Initial Bond Sale mid Jul-99
2.10 Lev)' Assessments 31-Jul-99
Phase 3 - Acquisition Audit
3.1 Acquisition Guidelines earl,,/Jan-99
3.2 Construction Project Review thru Mar-99
3.3 Proiect Audit mid Apr-99
3.4 Acquisition Report mid Ma)'-99
PROJECT TEAM
Project Director. Jeffrey M. Cooper, PE, vice president, has more than 20 years
experience in providing professional consulting services, involving the management
of planning, design, construction and inspection services for water resources, water,
wastewater, general civil and assessment engineering projects. He has served as
Assessment Engineer for the formation of districts under authority of the
Improvement Acts of 1911 and 1913, including 1931 Act Debt Limit Reports, the
Integrated Financing Act, the Landscaping and Lighting Act of 1972, Benefit
Assessment Act of 1982, and Article 3.6 of the California Government Code to form
Fire Suppression Assessments. He has also served as District Engineer / Special
Tax Consultant for the formation and administration of Mello-Roos Community
Facilities Districts.
In addition to his experience in public financing, Mr. Cooper has excellent
presentation skills. He has conducted numerous City Council presentations, City
Council workshops and property owner information meetings, as well as speaking to
professional organizations and at conferences.
F:\WP5\COX\PROP\POWAY~OLDCOACH~PROPOSALDOC ~11~1~$ ~ ~
Mr. Brad Kutzner
City of Poway
November 23, 1998
Page 7
Resolution No. 98-106
Page 9
Project Manaqer. Joan E. Cox, PE has over 18 years of assessment engineering
experience. She has managed projects relating to all aspects of assessment
engineering and special financing proceedings, including the formation and
administration of 1911 Act and 1913 Act Assessment Districts, Mello-Roos
Community Facilities Districts (CFD's), 1972 Act Landscaping and Lighting
Maintenance Districts, Fire Suppression and other types of assessments, as well as
special tax and fee districts. Ms. Cox has also conducted construction audits for the
acquisition of facilities utilizing Assessment District and CFD funds.
Ms. Cox has assisted agencies with the evaluation of existing districts and the
analysis of special benefit from various types of improvements in accordance with
the requirements of Article XIIID of the California State Constitution (Proposition
218). She has also assisted with the preparation and mailing of notices and ballots,
ballot tabulation, and presentations to City Councils and property owners.
Sr. Financial Analyst. Dennis A. Anderson has over 10 years of professional
experience in the area of public finance and assessment engineering. He has been
involved in a wide variety of public finance projects as project manager and financial
analyst utilizing the Mello-Roos Community Facilities Act of 1982, Improvement Act
of 1913, Municipal Bond Act of 1915, Benefit Assessment Act of 1982, Landscaping
and Lighting Act of 1972, Special Assessment Investigation, Limitation and Majority
Protest Act of 1931, Fire Protection District Act of 1987, Business Improvement
District Act of 1996 and various fee districts, public grants and loans. He has a
thorough understanding of the statutory and constitutional procedures and
requirements for both the formation and administration of Assessment Districts.
Mr. Anderson is also an expert in computer software applications relating to
researching and developing databases, and user-friendly interface development and
programming. He has prepared user manuals and conducted training seminars.
Full resumes for each member of the project team are attached for your information.
FEE
Based upon our understanding of the requirements for the formation and acquisition
of the Old Coach Road Water Line Assessment District and the Scope of Work
outlined herein, Harris & Associates will provide Assessment Engineering Services
for the following proposed fees:
Phase 1 - Through Preliminary Engineer's Report
Phase 2 - ROI through Bond Sale
Phase 3 - Acquisition Audit
$15,500 lump sum
$9,500 lump sum
$10,000 estimated
time & materials
Attendance at meetings as described in the Scope of Work and indirect expenses
(such as mileage, duplicating and postage) are included in the lump sum fees above.
F:\WP5\COX\P ROP\POWAY~OLDCOACH\PROPOSAL DOC ~ ~
Mr. Brad Kutzner
City of Poway
November 23, 1998
Page 8
Resolution
Page 10
Time spent on Phase 3, Acquisition Audit, will be charged at the following hourly
rates:
Project Director ........................................... $190 / hour
Project Manager .......................................... $140 / hour
Senior Financial Analyst .............................. $100 / hour
Staff Analyst .................................................. $70 ! hour
Clerical Staff ................................................. $45 / hour
Hourly rates include most direct costs such as vehicle usage and mileage,
equipment usage (including computers), and printing and copying.
Attendance at meetings additional to those identified in the Scope of Work will be as
authorized by the City on an hourly basis.
Additional services will be as authorized for a mutually agreeable fee.
The above fees are based on the assumption that the project will be completed as
described in the schedule on the previous page. If the project is delayed, then a
mutually agreeable adjustment in fees will occur.
No. 98-106
Our team is excited about the opportunity of working with the City of Poway on your
Assessment District project. Please let us know if you have any questions regarding our scope
of work or fees.
Sincerely,
Jeffrey M/Cooper, PE
Vice President
Attachments
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