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HomeMy WebLinkAboutResolution 084-88 R-2 CITY OF ATASCADERO IMPROVEMENT DISTRICT NO. 5 (CHANDLER RANCH AREA ASSESSMENT DISTRICT) RESOLUTION NO. 84-88 RESOLUTION APPOINTING ENGINEER OF WORK BOND COUNSEL AND UNDERWRITER WHEREAS, in accordance with prior proceedings duly had and taken, the City Council (the "Council") of the City of Atascadero (the "City" ) has declared its intention to and has determined to undertake proceedings pursuant to the Municipal Improvement Act of 1913 and issue bonds in said proceedings under the provisions of the Improvement Bond Act of 1915 for the acquisition and construction in and for the City of Atascadero, California, of the public improvements more particularly described in Exhibit A, attached hereto and incorporated herein and made a part hereof, in and for an assessment district in the City designated "City of Atascadero Improvement District No. 5 (Chandler Ranch Area Assessment District); " and WHEREAS, the public interest, necessity, convenience and general welfare will be served thereby; and WHEREAS, the City desires to make designations and appointments to fulfill responsibilities and perform duties incident to the assessment proceedings; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Atascadero, as follows: Section 1. The foregoing recitals are true and correct and this Council so finds and determines. Section 2. The firm of Cuesta Engineering of A,tascadero be, and -such firm is, hereby appointed Engineer of Work in said proceedings, and such firm is hereby authorized and directed to do and perform or cause to be done and performed all engineering work necessary in and for said proceedings, including the preparation of plans and specifications for said improvements and the descriptions of the acquisitions, together with estimates of costs thereof, and the preparation of a map of the assessment district, an assessment diagram, and an assessment, and in accordance with that certain Agreement for Engineering Services constituting Exhibit B, attached hereto and incorporated herein and made a part hereof. Section 3 . The firm of Orrick, Herrington & Sutcliffe be, and such firm is, hereby appointed Bond Counsel in said proceedings, in accordance with that certain Letter Agreement constituting Exhibit C, attached hereto and incorporated herein and made a part hereof and the 2 7609d appropriate officials of the City and authorized to execute said agreement for an on behalf of the City. Section 4. Security Pacific National Bank be, and such firm is, hereby appointed Underwriter in said proceedings, in accordance with that certain Letter Agreement constituting Exhibit D, attached hereto and incorporated herein and made a part hereof. PASSED AND ADOPTED this 26th day of July, 1988, by the following vote: AYES: Councilmembers DEXTER, LILLEY, MACKEY, SHIERS AND MAYOR BORGESON NOES: NONE ABSENT: NONE ATTEST: . Boyd C. Sharitz City Clerk of the ity of Atascadero, San Luis Obispo County, State of California [Seal] CITY OF ATASCADERO B NIT.A BORGES N Mayor 3 7609d 0 0 APPROVED AS TO FORM: EY*reyr NSEN y A APPROVED AS TO CONTENT: WILLIAM C . HAMY Y City Manager 4 EXHIBIT A Resurfacing of streets, including the removal and replacement of the existing base and surface course prior to resurfacing. Partial grading of shoulders and minor drainage improvements; minor widening of streets and surveying. Construction inspection wil be performed throughout. The work will also include necessary appurtenances, including, but not limited to, mobilization, clearing and grubbing, excavation, importation of gradedmaterial,' compaction, testing, acquisition of necessary easements and tapering at driveways. A-1 7609d EXHIBIT B Resolution No. 84-88 0 CUES?A ENGINEERING 7401-B EI Camino Real/P.O. Box 2066 Atascadero, California 93423 (805)466-6827 July 19, 1988 City of Atascadero 6500 Palma Avenue PO Box 747 Atascadero, CA 93422 Gentlemen: We propose to render professional engineering services in connection with The Chandler Ranch Street Assessment District (hereinafter called the "Project".) You are expected to furnish us with full information as to your requirements including any special or extraordinary considerations for the Project or special services needed, and also to make available pertinent existing data. Our services will consist of preparing The Assessment District boundary map and legal description, construction plans, and the preliminary engineering report. You will pay us for our services a fee based on the hourly schedule and the es- timates provided in the General Provisions of this Agreement. Additional or non-customary services will be charged on the basis of the hourly rate schedule. We will bill you monthly for services and reimbursed expenses. The above financial arrangements are on the basis of prompt payment of our bills , and the orderly and continuous progress of the Project through construction. We would expect to start our services promptly after receipt of your acceptance of this proposal and to complete our services within the time frames indicated in the General Provisions. Services are to be rendered in the customary phases which, together with the general understandings applicable to our relationship with you, are set forth in the printed General Provisions which are attached to and made a part of this proposal. Your particular responsibilities are also set forth in the General Provisions. This proposal and the General Provisions attached represent the entire understanding between you and us in respect of the Project and may only be modified in writing signed by us. If it satisfactorily sets forth your understanding of the arrange- ment between us, we would appreciate your signing this Agreement in the space pro- vided and returning it to us. This proposal will be open for acceptance until October 1, 1988 unless changed by us in writing. Very truly yours, ohn Falkenstien R.C.E. 33760 Exp. 6/30/90 City of Atascadero -2- GENERAL PROVISIONS 1) Assessment District Boundary Map and Legal Description presented by August 8, 1988 $29000.00 2) Preparation of Construction Plans and Required Specifications $3,300.00 presented by August 22, 1988 3) Preliminary Cost Estimate and Engineers Report $ 500.00 presented by August 22, 1988 Total $5,800.00 The time frames outlined above are effective only if the City Council authorizes your acceptance of this proposal at their meeting of July 26, 1988 and the con- tract is signed and returned to us immediately following. Printing costs for plans and maps will be reimbursed to us at a rate of $2.00 per sheet after the first 10 sheets. Included in the price for construction plans is submittal to the City of new aerial photography sheets expanded to 1"=100' scale in area of work. The City must provide to us the original mylar aerial photos of the area of work upon our request during the construction plan process. Construction Administration including assistance during Bidding, Construction Staking and Inspection, is not included in the estimates listed above. Any work requested outside the scope of the work outlined above will be charged in accor- dance with the hourly rates attached. If it is determined that a portion of an existing road is outside its right-of- way, extra charges will be incurred for surveying, legal descriptions, road design and other services as may be necessary to resolve the problem. This proposal does not include title research, legal descriptions or any work that may necessary in order to dedicate all streets to the City. Construction staking, Right-of-way staking, re-setting of monuments etc. , is also not included. Prices for survey work are shown on the hourly rates list. Falkei Principal Cuesta Engineering By July 26 , 1988 City of Atascadero Title Date WILLIAM HANLEY, Inte im City Manager 0 CUESTA ENGINEERING 7401-B EI Camino Real/P.O. Box 2066 Atascadero, California 93423 (805)466-6827 RATE SCHEDUM JANUARY 1988 Cuesta Engineering is composed of John Falkenstien, principal Civil Engineer, Deborah Hollowell, and supporting staff. Cuesta Engineering has been in business in Atascadero since February 1986 and has estab- lished itself as a primary engineering company in terms of business volume in North San Luis Obispo County. At Cuesta Engineering, we perform a wide range of services related to land development including subdivision applications, land planning, grading and public improvement plans for commercial and residential projects, percolation tests, and septic system designs. The following are the rates on which charges for our services are now based: Principal Civil Engineer $48.00 Per Hour Engineering Technician $36.00 Per Hour Drafting $27.00 Per Hour Clerical $15.00 Per Hour Thank you for considering our company for your civil engineering services. Sincerely, John Falkenstien R.C.E. 33760 Exp. 6/30/90 JF:pd I Ibrecht SURVEY S 7508 Morro Rd. • Atascadero, CA 93422 • 805/466-9296 ------------ i VOLBRECHT SURVEYS FEE SCHEDULE - 1988 1 i OFFICE: CLERICAL $15.00 SURVEY DRAFTING $35.00 SURVEY CALCULATIONS $35.00 LICENSED SURVEYOR $50.00 l FIELD: 2 MAN CREW $90.00 3 MAN CREW $110.00 SURVEY SUPERVISOR $42.00 TERMS AND CONDITIONS 1 . ALL ACCOUNTS ARE DUE AND PAYABLE UPON RECEIPT. 2. ALL CONTRACT WORK WILL BE BILLED MONTHLY FOR WORK IN PROGRESS. 3. REIMBURSABLE CHARGES SUCH AS REPRODUCTIONS, POSTAGE, AND EXPRESS CHARGES WILL-BE ITEMIZED SEPARATELY AT DIRECT COST. i 4. ALL AGENCY PROCESSING, MAP CHECKING, AND RECORDING FEES WILL BE AID DIRECTLY BY THE CLIENT TO THE RESPECTIVE AGENCY. 5. FEE SCHEDULE EFFECTIVE AUGUST 1 , 1987. i I Surveying - Land Planning { EXHIBIT C Resolution 84-88 LAW OFFICES ORRICK, HERRINGTON & SUTCLIFFE 600 Montgomery Street San Francisco,California 94111 Telephone(415)392-1122 Telecopier(415)773-5759 Telex 70-3520 Los Angeles,California 90071 New York,New York 10022 Sacramento California 95814 333 South Hope Street 599 Lexington Avenue 555 Capitol Mall Telephone(213)40-7000 Telephone(212)326-8800 Telephone(916)447-9200 Writer's Direct Dial Number July 20, 1988 Bill Hanley City Manager City of Atascadero 6500 Palma Avenue P.O. Box 747 Atascadero, California 93423 Re: City of Atascadero Improvement District No. 5 (Chandler Ranch Area Assessment District) Dear Mr. Hanley: We would be pleased to serve as bond counsel to the City of Atascadero in connection with the special assessment proceedings proposed to be taken under the Municipal Improvement Act of 1913 to finance public improvements, with the issuance of assessment bonds in such proceedings under the Improvement Bond Act of 1915.. Our services in the capacity of special bond counsel to the City would include the rendering of all legal services required in the conduct of the special assessment proceedings , and the issuance of bonds therein, including: (1) Consultation with appropriate representatives of the City, including the City Attorney, and with the City' s engineers and underwriter and any other special consultants to the City to assist in the formulation of an overall coordinated financial, engineering and legal program in order to accomplish the financing. (2) Preparation of a timetable setting forth the actions required to accomplish the financing, including allocation of responsibility therefor. (3) Preparation of all legal proceedings for the formation of the assessment district and the levy of the assessment therein, including preparation of all necessary resolutions, forms, notices, affidavits and other documents 7610d ORRICK, HERRINGTON S SUTCLIFFE (except those to be prepared by the engineers) required in connection with the levy of the assessment. (4) Review of certain documents to be prepared by the engineers, including the plans and specifications for the project, the boundary map of the assessment district, the assessment, the assessment diagram and the Engineer' s Report, and advice and assistance in connection therewith. (5) Review of any environmental impact studies, reports or other proceedings, but we would not be responsible for the preparation or content of such documents. (6) Attendance at the public hearing or hearings on the assessment to be levied in said proceedings and the rendering of assistance thereat in the conduct of such hearing or hearings, but we would not anticipate general appearances before each meeting of the City Council . (7) Rendering of legal advice to the City and the City Attorney and the City' s consulting engineers and any other special consultants to the City throughout the course of the proceedings for the levy of the assessment. (8) Preparation of all legal proceedings for the authorization, issuance and sale of the improvement bonds in said proceedings upon the unpaid assessments, including preparation of the resolution authorizing the issuance of such bonds and setting forth the terms and conditions thereof and the resolution providing for the sale of the bonds. (9) Review, as to those matters that are related to the issuance and sale of the bonds, of the official statement describing the bonds to be prepared by the underwriter, and participation in meetings reviewing the official statement describing the bonds; but we would not be responsible for the preparation or content of such document. (10) Preparation of the documents required in connection with the award of the bid for the construction of the project. (11) Assistance in connection with securing investment ratings for the bonds, including attendance at and participation in meetings with bond rating agencies, if requested. (12) Examination of the proofs of the bonds, preparation of the final closing papers required to effect the delivery of the bonds and organization of and attendance at the bond closing. 2 7610d ORRICK, HERRINGTON & SUTCLIFFE _.. (13) The rendering of a final approving legal opinion on the validity of the bonds and the tax-exempt status of interest thereon, and the rendering of such other legal opinions as may be appropriate in connection with the delivery of and receipt of payment for the bonds. Our services would not include representation of the City in any eminent domain proceedings or in any litigation challenging the validity of the proposed financing or the transactions contemplated by this letter, but if such services are requested should such circumstance arise, we would be pleased to perform them on such terms as might be mutually agreed to at that time. It is understood that we would act as special bond counsel to the City in connection with such proposed financing in consultation with the City Attorney; and that all matters to be submitted to the City Council for consideration would be forwarded by us to the City Attorney for review prior to presentation to the City Council. Our fees for the above outlined services would be $7, 500, plus reimbursement for all out-of-pocket expenses incurred in connection therewith; provided that all costs of bond printing shall be paid for as an incidental expense in said proceedings and not included within the above compensation. If for any reason the City does not issue and sell the bonds, we are to be paid a fee determined by the extent of the services rendered by us on a then current standard hourly basis to the date of abandonment of the financing, but not exceeding $5,000. We look forward to working with you and other City officials on this financing. Respectfully submitted, ORRICK, HERRINGTON & SUTCLIFFE By Antonia Dolar APPROVED AND ACCEPTED- EY AM C. A EY City Manager of the CI&V T' Atascadero Dated: July 26, 1988 3 7610d Ban Catherine W Bando C Security Pacific National Bank Security 300 South Grand Avenue,21st Floor Pacific Los Angeles,California 90071 Merchant (213)229-1440 Bank (REVISED EXHIBIT D Resolution 84-88) C �® Public Finance July 29, 1988 Mr. David Jorgensen Finance Director City of Atascadero 6500 Palma Avenue Atascadero, California 93423 Dear Mr. Jorgensen: Security Pacific Merchant Bank proposes to provide investment banking services for the City of Atascadero in connection with the financing of street improvements for a district of approximately 100 property owners within the City. It is our understanding that the aggregate size of this financing will be approximately $200,000. Security Pacific will provide all investment banking services to the City of Atascadero including financial analysis and feasibility review of the street improvement project, preparation of debt service schedules and determination of the components of the issue size, preparation of the disclosure statement, management of all parties involved in the financing, including bond counsel and other outside consultants, the private placement of the bonds and delivery of the funds to the City. Our placement fee for these services is contingent upon the successful private placement of the bond issue. The funding of our fees will consist of two components (1) the management fee which will be paid out of the proceeds of the issue as a discount not to exceed 3% of the issue size, and (2) the sales expense which will be built into the interest rate pricing of the obligation. We will commit to this fee arrangement provided the financing does not become more complicated than we currently anticipate and the issue size is not reduced. In addition, we will request reimbursement of out-of-pocket expenses including overnight delivery services and travel expenses. We will make every effort to keep these expenses minimized, and while we estimate expenses of $500, believe out-of-pocket expenses should not exceed $1,000. The maximum maturity for the bond issue will be 10 years. Security Pacific National Bank Mr. David Jorgenson July 29, 1988 Page Two Other expenses which will be incurred by the City and which are not included above, are the cost of bond counsel , the reporting fee for the California Debt Advisory Commission, the cost of hiring other outside consultants, including engineering consultants, and any costs the City incurs in connection with holding public hearings and providing property owners with notices. We look forward to serving the City of Atascadero. If you desire to begin work on this assessment bond project as proposed by Security Pacific, please so indicate by your endorsement below. Sincerely, Catherine W. Bando Associate City of Atascadero PAUL M. SENSIBAUGH Acting City Manager EXHIBIT D . Security Resolution 84-88 Pacific (Superseded) Merchant Bank �® ruouc rtnance July 20, 1988 Mr. David Jorgensen Finance Director City of Atascadero 6500 Palma Avenue Atascadero, California 93423 Dear Mr. Jorgensen: Security Pacific Merchant Bank proposes to provide investment banking services for the City of Atascadero in connection with the financing of street improvements for a district of approximately 100 property owners within the City. It is our understanding that the ,aggregate size of this financing will be approximately $200,000. Security Pacific will provide all investment banking services to the City of Atascadero including financial analysis and feasibility review of the street improvement project, preparation of debt service schedules and determination of the components of the issue size, preparation of the disclosure statement, management of all parties involved in the financing, including bond counsel and other outside consultants, the private placement of the bonds and delivery of the funds to the City. Our placement fee for these services is contingent upon the successful private placement of the bond issue. The funding of our fees will be (1) paid out of the proceeds of the issue as a discount not exceed 6% of the issue size, or (2) be built into the interest rate pricing of the obligation with the full face value of the bonds delivered to the City. We will commit to this fee arrangement provided the financing does not become more complicated than we currently anticipate and the issue size is not reduced. In addition, we will request reimbursement of out-of-pocket expenses including overnight delivery services and travel expenses. We will make every effort to keep these expenses minimized, and while we estimate expenses of $500, believe out-of-pocket expenses should not exceed $1,000. The maximum maturity for the bond issue will be 10 years. Security Pacific National Bank Mr. David Jorgenson July 20, 1988 Page Two Other expenses which will be incurred by the City and which are not included above, are the cost of bond counsel , the reporting fee for the California Debt Advisory Commission, the cost of hiring other outside consultants, including engineering consultants, and any costs the City incurs in connection with holding public hearings and providing property owners with notices. We look forward to serving the City of Atascadero. If you desire to begin work on this assessment bond project as proposed by Security Pacific, please so indicate by your endorsement below. Sincerely, Catherine W. Bando Associate City of Atascadero WILLIAM C. HANLEY Interim City Manager CLERK' S CERTIFICATE I, BOYD C. SHARITZ, City Clerk of the City of Atascadero; do hereby certify as follows: The foregoing resolution is a full, true and correct copy of a resolution duly adopted at a regular meeting of the City Council of said City, duly and regularly held at the regular meeting place thereof on the 26th day of July, 1988, of which meeting all of the members. of said City Council had due notice and at which a majority thereof were present; and that at said meeting said resolution was adopted by the following vote: AYES: COUNCILMEMBERS DEXTER, LILLEY, MACKEY, SHIERS AND MAYOR BORGESON NOES: NONE ABSENT: NONE An agenda of said meeting was posted at least 72 hours before said meeting at 6500 Palma Avenue, Atascadero, California 93423, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda. I have carefully compared the foregoing with the original minutes of said meeting on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes. 7 Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in ful•1 force and effect. Dated: July -,72, 1988. City Mer-k of the City of tasc deco [SEAL] 2 7609d