HomeMy WebLinkAbout07 - BA-081 Assessment District 88 BalboaJune 28, 1999
CITY COUNCIL AGENDA
ITEM NO. 7
TO: Mayor And Members Of The City Council
FROM: Public Works Department
SUBJECT: UNDERGROUNDING OF UTILITIES IN THE ALLEY BOUNDED BY
EDGEWATER PLACE, CYPRESS STREET, EAST BAY AVENUE AND
ADAMS STREET IN BALBOA (PROPOSED UNDERGROUND
ASSESSMENT DISTRICT NO. 88)
RECOMMENDATIONS:
Authorize a Budget Amendment to appropriate $46,350.00 in the Assessment
District Capital Project fund to proposed Assessment District No. 88, Account No.
7401- C5200495.
2. Authorize the City Manager to execute a Professional Services Agreement with
Harris & Associates in an amount not to exceed $21,450.00 for assessment
engineering services.
DISCUSSION:
Owners of property located in the Proposed Assessment
petitions to the City requesting that a special asse
underground overhead utilities. The location of the di:
sketch. Property owners have requested formation of
purpose of financing the conversion of existing overhead
proposed district are shown on Exhibit "A ".
District No. 88 have submitted
:sment district be formed to
Act is shown on the attached
an assessment district for the
utilities. The boundaries of the
The District formation proceedings are pursuant to the "Municipal Improvement Act of
1913" (Division 12 of the Streets and Highways Code of the State of California). Bonds
will be sold pursuant to the "Improvement Bond Act of 1915 ", Division 10 of said Code.
One of the initial steps in the district formation process is the circulation of the Petition for
Special Assessment Proceedings. Proponents of the district circulated the petitions to the
property owners and then submitted the signed petitions to the City. The petition signatures
represent approximately 60% of the assessable area within the proposed district. The City
has typically established 60% as a minimum in order to proceed with a formation of the
district.
SUBJECT: Undergrounding Of Utilities In The Alley Bounded By Edgewater Place, Cypress Street, East Bay Avenue
And Adams Street In Balboa (Proposed Underground Assessment District No. 88)
June 28, 1999
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In anticipation that the district would move forward, staff prepared a Request for Proposal
(RFP) for Harris & Associates to obtain assessment engineering services (Exhibit "B ").
Harris & Associates' project team has negotiated a fee for services not to exceed
$21,450.00.
The assessment engineering services to be provided by Harris & Associates are detailed
in the Scope of Work of the Professional Services Agreement and include identifying,
analyzing and determining the correct apportionment of the costs and preparing the
assessment Engineer's Report. In addition, Harris & Associates will prepare the voting
ballots in accordance with the requirements of Proposition 218. The ballots are weighted
by "financial obligation" (the amount of the property's assessment).
Southern California Edison and Pacific Bell are responsible for the design of their utilities. In
order to initiate the design of these facilities, the City must remit $15,000.00 to Edison and
$6,900.00 to Pacific Bell. An additional $3,000.00 is being encumbered in order to pay for a
consultant to expedite and coordinate plan design through Edison and Pacific Bell. The
utility and engineering costs will be reimbursed to the City by the district if it is formed at the
final Public Hearing. However, the funds will not be recovered if the district is not formed.
The City Council has previously authorized the advancement of funds for other districts.
These funds will be recovered upon formation of the districts.
M xfully su m'tted,
Don Webb
Public Works Director
By:
Richard L Hoff6tadt, P.E.
Development Engineer
Attachments: Exhibit "A ", Boundary Map of Proposed District
Exhibit "B ", Professional Services Agreement
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EXHIBIT "A"
PROFESSIONAL SERVICES AGREEMENT
for
Proposed Underground Assessment District No. 88
THIS AGREEMENT, entered into this day of 1999, by
and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter
referred to as "City"), and Harris & Associates, Inc., whose address is 34
Executive Park, Suite 150, Irvine, California 92614 -4705 (hereinafter referred to
as "Consultant "), is made with reference to the following:
RECITALS
A. City is a Municipal Corporation duly organized and validly existing under the
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C.
laws of the State of California with the power to carry on its business as it is
now being conducted under the statutes of the State of California and the
Charter of the City.
City desires to engage Consultant to prepare an Engineer's Report and act
as Assessment Engineer for CITY in connection with special assessment
district procedures to underground utilities for Proposed Underground
Assessment District No. 88 (the alley bounded by Edgewater Place,
Cypress Street, East Bay Avenue and Adams Street) upon the terms and
conditions contained in this Agreement.
The principal members of Consultant for purpose of this Project are Joan E.
Cox, P.E. and Jeffrey M. Cooper, P.E.
City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant and
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EXHIBIT 'B"
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desires to contract with Consultant under the terms of conditions provided
in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the _ day of 1999,
and shall terminate on the 31St day of December, 2001, unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" attached and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of this
Section, and the scheduled billing rates set forth in Exhibit "B ", attached hereto and
incorporated herein by reference. No rate changes shall be made during the term of this
Agreement without prior written approval of the Project Administrator. Consultant's
compensation for all work performed in accordance with this Agreement shall not exceed
the total contract price of twenty one thousand four hundred fifty dollars ($21,450.00).
Consultant shall submit monthly invoices for services provided during the previous month,
and City shall pay undisputed invoices within 30 days of receipt of invoices.
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
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computer printing, postage and mileage. 0
3.2 Consultant shall not receive any compensation for extra work without prior
written authorization of the Project Administrator. Any authorized compensation shall be
paid in accordance with the schedule of the billing rates as set forth in Exhibit "B"
3.3 City shall reimburse Consultant only for those costs or expenses which
have been specifically approved in this Agreement, or specifically approved in advance by
City. Such cost shall be limited and shall include nothing more than the following costs
incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement. 0
B. Approved computer data processing and reproduction charges.
C. Actual costs and /or other costs and /or payments specifically authorized in
advance in writing and incurred by Consultant in the performance of this
Agreement
3.4 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold
payment of five percent (5 %) of each approved payment as approved
retention until all services under this Agreement have been substantially
completed.
4. STANDARD OF CARE
4.1 All of the services shall be performed by Consultant or under Consultant's
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. supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement and that it will
perform all services in a manner commensurate with the community professional
standards. All services shall be performed by qualified and experienced personnel who
are not employed by City nor have any contractual relationship with City. Consultant
represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents and
warrants that it shall keep in effect all such licenses, permits and other approvals during
the term of this Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's work promptly, or delay or faulty performance by City,
contractors, or governmental agencies, or any other delays beyond Consultant's control
or without Consultant's fault.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed
to constitute Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over the details
in means of performing the work provided that Consultant is in compliance with the terms
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of this Agreement. Anything in this Agreement which may appear to give City the right to
direct Consultant as to the details of the performance of the services or to exercise a
measure of control over Consultant shall mean that Consultant shall follow the desires of
City only in the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
Consultant shall assign the Project to a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Project term. Consultant has designated Joan E. Cox, P.E., to be its
Project Manager. Consultant shall not bill any personnel to the Project other than those
personnel identified in Exhibit "B ", whether or not considered to be key personnel, without
City's prior written approval by name and specific hourly billing rate. Consultant shall not
remove or reassign any personnel designated in this Section or assign any new or
replacement person to the Project without the prior written consent of City. City's
approval shall not be unreasonably withheld with respect to removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of the City
Engineer. Consultant warrants it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement. 0
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• 8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by Consultant in accordance with the schedule
specified in Exhibit "A ". Consultant shall receive no additional compensation if completion
of its services under this Agreement requires a time greater than as set forth herein,
unless such extension is caused solely by the conduct of the City. Consultant shall not be
responsible for delays which are due to causes beyond Consultant's reasonable control.
However, in the case of any such delay in the services to be provided for the Project,
each party hereby agrees to provide notice to the other party so that all delays can be
addressed.
9. CITY POLICY
0 Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order to
ensure that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subject to approval of the Project
Administrator and City Council.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his/her duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or
0 are desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damages, or any other claims arising from negligent acts or omissions of
Consultant, its employees, agents or subcontractors in the performance of services or
work conducted or performed pursuant to this Agreement, excepting only the active
negligence or willful misconduct of City, it's officers or employees, and shall include
attorneys' fees and all other costs incurred in defending any such claim. Nothing in this
indemnity shall be construed as authorizing, any award of attorneys' fees in any action on
or to enforce the terms of this Agreement.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement of
work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must be
filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, agents, representatives and
employees as additional insured for all liability arising from Consultant's services as
described herein.
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All insurance policies shall be issued by an insurance company certified to do
business in the State of California, with original endorsements, with Bests A -VII or better
carriers, unless otherwise approved by the City Risk Manager.
A. Worker's compensation insurance covering all employees and principals of
Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury
and property damage. If commercial general liability insurance or other
form with a general aggregate is used, either the general aggregate shall
apply separately to this Project, or the general aggregate limit shall be twice
the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
D. Professional errors and omissions insurance which covers the services to
be performed in connection with this Agreement in the minimum amount of
one million Dollars ($ 1,000,000.00).
Said policy or policies shall be endorsed to state that coverage shall not be .
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give to City prompt and timely notice of claim made or
suit instituted arising out of Consultant's operation hereunder. Consultant shall also
procure and maintain, at its own cost and expense, any additional kinds of insurance,
which in its own judgment may be necessary for its proper protection and prosecution of
the work.
Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide commercial general and automotive liability insurance, that Consultant
shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf
of any insurer providing commercial general and automotive liability insurance to either
Consultant or City with respect to the services of Consultant herein, a waiver of any right
of subrogation which any such insurer of said Consultant may acquire against City by
virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any of the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Consultant is a partnership or joint - venture or
syndicate or cotenancy, which shall result in changing the control of Consultant, shall be 0
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construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power, or twenty -five percent (25 %) or more of the assets of the
corporation, partnership or joint-venture.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed documents for other projects
and any use of incomplete documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived as against Consultant and City
assumes full responsibility for such changes unless City has given Consultant prior notice
and has received from Consultant written consent for such changes.
Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
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17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. City will provide access to and upon request of Consultant, provide one
copy of all existing record information on file at City. Consultant shall be
entitled to rely upon the accuracy of data information provided by City or
others without independent review or evaluation. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's work
schedule.
B. Provide blueprinting, CADD plotting, copying and other services through
City's reproduction company for each of the required submittals. Consultant
will be required to coordinate the required submittals with City's
reproduction company. All other reproduction will be the responsibility of
Consultant and as defined above.
C. City staff will provide usable life of facilities criteria and provide information
with regards to deficient facilities.
D. City will prepare and provide to Consultant street base digital file in
AutoCAD (DXF) compatible format.
18. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Richard L.
Hoffstadt, P.E. shall be considered the Project Administrator and shall have the authority
to act for City under this Agreement. The Project Administrator or his/her authorized
representative shall represent City in all matters pertaining to the services to be rendered 0
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pursuant to this Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City during normal business
hours to examine, audit and make transcripts or copies of such records. Consultant shall
allow inspection of all work, data, documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
20. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
• with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not discontinue
work for a period of thirty (30) days from the date of withholding as a result of such
withholding. Consultant shall have an immediate right to appeal to the City Manager or
his designee with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of seven percent (7 %) per annum from the date
of withholding of any amounts found to have been improperly withheld.
21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than would have
resulted if there were not errors or omissions in the work accomplished by Consultant, the
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additional design, construction and /or a restoration expense shall be borne by Consultant.
Nothing in this paragraph is intended to limit City's rights under any other sections of this
Agreement
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project.
23. CONFLICTS OF INTEREST
A. The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such
persons to disclose financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest. 0
B. If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination
of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation
of this Section.
24. SUBCONSULTANT AND ASSIGNMENT
A. Except as specifically authorized under this Agreement, the services
included in this Agreement shall not be assigned, transferred, contracted or
subcontracted without prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement 0
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shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States mail,
postage prepaid, first Gass mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
(949) 644 -3311
(949) 644 -3318 FAX
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Joan E. Cox, P.E.
Harris & Associates
34 Executive Park, Suite 150
Irvine, CA 92614 -4705
(949) 655 -3900
(949) 655 -3995
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that party shall be deemed in
default in the performance of this Agreement If such default is not cured within a period
of two (2) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
(2) days after receipt by defaulting party from the other party of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
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nondefaulting party may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant as
provided herein. Upon termination of this Agreement, City shall pay to the Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
27. COMPLIANCES
Consultant shall comply with all applicable laws, state or federal and all
ordinances, rules and regulations enacted or issued by City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein whether of the same or a
different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto and all preliminary .negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
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30. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
judgment as a design professional and is supplied for the general guidance of City. Since
Consultant has no control over the cost of labor and material, or over competitive bidding
or market conditions, Consultant does not guarantee the accuracy of such opinions as
compared to contractor bids or actual cost to City.
31. PATENT INDEMNITY
The Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM:
By:
Robin Clauson
Assistant City Attorney
City of Newport Beach
F1users\pbw \sharedldisbic8ad8ftgmt- harris
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CITY OF NEWPORT BEACH
A Municipal Corporation
2
Homer Bludau
City Manager
HARRIS & ASSOCIATES
�Y NpOa Proposal for Assessment Engineering services
Proposed Asssessment District No.88
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SCOPE OF WORK
The following is our proposed scope of work, as outlined in the City's Request
for Proposal, dated April 5, 1999. We understand that Phase 2 will not
commence until the city has received sufficient petitions (60 percent), and that
it is the City's intent to complete the District proceedings by December of
2000.
Phase 1 - Petition Confirmation
1. In conjunction with the City staff, determine proposed assessment district
boundary.
2. Obtain and utilize the Orange County Assessor property owner information
to create a property owner data base that will be used for required
mailings and assessment apportionment.
3. Prepare spread sheet showing Assessment Number, Assessor's Parcel
Number, area of each lot in acres, area signing petition, front footage,
owner, address of property, mailing addresses and any other pertinent and/
or required information.
4. Based on petitions received, recommend whether to proceed with the
assessment district formation or whether additional petition gathering
efforts are needed.
5. Upon determination that sufficient valid petitions exist to proceed with the
formation of the assessment district, execute Certificate of Sufficiency of
Petition.
Phase 2 - Engineer's Report and Formation Proceedings
6. Assist Bond Counsel and City Staff in establishing a project schedule.
7. Attend utility coordination meetings on an as- needed basis. Coordinate
between City and property owners as required (assume three meetings).
8. Prepare Boundary Map of assessment district.
9. Prepare draft Preliminary Engineer's Report in accordance with
Proposition 218, to include the following:
• 1931 Act information and tables
• Plans and specifications (by reference)
• Description ofworks of improvements
• Preliminary estimate of costs
• Assessment Diagram
• Method ofassessment apportionment
• Assessment roll with preliminary assessments
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Y wYp Proposal for Assessment Engineering Services
oQ d • I R o Proposed Asssessment District No.88
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• Right -of -Way Certificate (executed by Superintendent of Streets
• Certificate of Complet ion (executed by Director of Public Works)
10. Prepare preliminary assessment Engineer's Report, including
apportionment and method of assessment distribution.
11. Attend property owner information meetings to discuss preliminary
assessments and confirmed assessments (assume three meetings).
12. Attend City Council meetings at which Resolution of Intention and
Preliminary Engineer's Report are considered, and Public Hearings are set
and conducted (assume two meetings).
13. File Preliminary Engineer's Report with Superintendent of Streets.
14. Prepare Boundary Map for recordation and record.
15. Prepare for mailing Resolution of Intention, preliminary assessment
amount, assessment ballots property owner information meeting and Public
Hearing notices to each assessed property owner of record, as required by
the Municipal Improvement Act of 1913, Brown Act Requirements, and
Proposition 218 (content ofnotice will be provided by bond counsel).
Prepare written declaration that this task has been completed. (City will be
responsible for postage costs.)
. 16. Prepare Confirmed Engineer's Report in which the confirmed assessment
apportionment is based on final approved estimate of fees to be financed,
including incidental and financing costs.
17. Prepare and file Confirmed Engineer's Report with the Superintendent of
Streets.
18. Tabulate assessment ballots and present results in accordance with
financial obligation. Assessment ballots must be received by the City Clerk
prior to the close of the Public Hearing.
19. Participate in meetings with City staff, project administration and
coordination with City staff, property owners, bond counsel, financial.
advisor, bond underwriter, appraiser, and other project consultants (assume
three meetings in addition to the meetings described above).
Phase 3 - Assessment Confirmation and Bond Sale
20. Prepare confirmed assessment apportionment and Notice of Assessment
to each property owner ofrecord within the assessment district. Prepare
written declaration that this task has been completed. (City will be
responsible for postage costs.)
21. Prepare Notice of Assessment and Assessment Diagram for recordation
and record.
22. Review Preliminary and Final Official Statements.
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Proposal for Assessment Engineering Services
Proposed Asssessment District No.88
Exclusions
The following items of work are excluded from the Scope of Services:
A. Right -of -way services.
B. Post - Public Hearing Services (except as noted), including compilation of
paidtunpaid list, debt service (amortization) schedules and placement of
assessments on tax roll.
C. Property valuation and tax delinquency information.
D. Advertising of notices in newspaper.
E. Preparation ofimprovement plans, specifications, and bid documents.
Services and Information to be Provided by Others
The following information will be provided by the City or others:
A. Posting ofNotices and Construction inspection.
B. Postage, letterhead and envelopes for property owner mailings.
C. Fiscal administration.
D. Rights -of -entry onto private property, as required.
E. Current maps, records, plans, etc., that pertain to this project will be
provided by the Public Works Department and/or utility companies, as
appropriate.
F. Preparation and execution ofNotice of Exemption (environment
documents, etc.)
G Utility construction cost estimates provided by respective utility companies.
H. Preparation of Certificate of Sufficiency provided by Bond Counsel.
Page A -3
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Proposal for Assessment Engineering Serv/ees
Proposed Asssessment District No.88
SCHEDULE
The schedule shown below provides an estimated timeline ofproject tasks for
the successful formation of the districts undercurrent state laws, and is based
on the assumption that the design process will be completed within a six -month
period. The timeframes for the individual tasks may be shifted, as the City
requires.
Page A -4
Offity Design Prooess by end Jan-00 I
Prepare 1st Draft Prel. Engineers Report late Dec 99
t
MMMMMMMME
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Submit Rnal Engineers Repoit t
MMMMMMMMWM
IM
IMMMMMMMMMMI
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30 Day Cash Collec&m Period thru mid May-00
MMMMMM
Page A -4
April 30, 1999
Mr. Dick Hoffstadt
Development Engineer
City of Newport Beach
3300 Newport Avenue
Newport Beach, CA 92658
Re: Fee Proposal for Assessment Engineering Services
Proposed Assessment District No. 88
Dear Mr. Hoffstadt:
EXHIBIT "B"
9
Harris & Associates
Program Managers
Construction Managers
Civil 1:11 'gincem
Based upon our understanding of the requirements for formation of the proposed Assessment
District, the City's Request for Proposal, our experience on similar projects and the estimated hourly
requirements shown in our technical proposal, Harris & Associates proposes the following fees:
Proposed Fees
Phase 1 - Petition Sufficiency
1 Determine District Boundary
2 Research County Information
Phase 1 Maximum Fee = $2,500 lump sum
Phase 2 - Engineer's Report and Formation Proceedings
6 Establish Schedule _
7 Utility Coordination Meetings (3 mtgs) @ $450 /mtg lump sum
6 Prepare Boundary Map and Assessment Diagram
--- --- -•r - - ---- --. __....
9 _Prepare draft Preliminary Engineer's Report
10 Prepare Preliminary Engineer's Report
If Property Owner Meetings (3 mtgs) @ $450hmtg lump sum
12 Council Mtgs - ROI and Public Hearing (2 mtgs)' - •@$450 /mfg lump sum
13 File Prel. Engineer's Rpt with Super. of Streets _
14 Prepare Boundary Map for Recordation and Record
15 Prepare Notices of Formation and Ballots
16 Prepare Amended/Confirmed Engineer's Report • - -- - - --
17 'File Conf. Engineer's Rpt with Super. of Streets
18 Project Team Meetings and Coordination (3 mtgs) @ $450/mtg lump sum
19 Tabulate Assessment Ballots
Phase 2 Maximum Fee - $11,500 lump sum
+ $4,950 max. for meetings
Phase 3 - Assessment Confirmation and Bond Sale
20 Prepare Notions of Confirmed Assessment_
21 Prepare and Record Notice and Diagram
22 Review POS and OS - -
Phase 3 Maximum Fee = $2,500 lump sum
Total Maximum Fee = $21,450 max.
F:IUSERSkm %PROPWPB%ADBMFEELTR.DOC
34 Executive Park, Suite 150 Irvine, California 92614 -4705 949.655.3900 FAX 949.655.3995 Page B -1
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Mr. Dick Hoffstadt
City of Newport Beach
April 30, 1999
These fees are based on the assumption that the Assessment District will be formed prior to
December of 2000.
Additional services will be provided as authorized by the City in accordance with the schedule of
Hourly Rates shown below.
SCHEDULE OF HOURLY RATES *
Project Director .............................
Project Manager ............................
Project Engineer ............................
Senior Financial Analyst ...............
Financial Analyst ..........................
Sr. Drafting Technician ................
Clerical Staff .. ...............................
............. $190 / hour
.............$140 / hour
.............$115 / hour
...............$75 / hour
...............$65 / hour
...............$75 / hour
...............$45 / hour
• Hourly rates include most direct costs such as vehicle usage and mileage,
equipment usage (including computers), and printing and copying.
Our team is excited about the opportunity of working with the City of Newport Beach again. If you
have any questions regarding our fee proposal, please feel free to call us.
Sincerely,
Harris & Associates, Inc.
man E. Cox,
Project Manager
F:\USERSXCOx1PROPW PBW D88%FEELTR.DOC
44
Jeffrey M. Cooper, PE
Vice President
�'L
Page B -2
City of Newport Beach NO. BA- 081
BUDGET AMENDMENT
1998 -99 AMOUNT: Eas,35o.00
iECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
X Increase Budget Appropriations AND X Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
from existing budget appropriations
from additional estimated revenues
HX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To advance $46,350 to the Assessment District Capital Project account for undergrounding utilities in proposed Assessment
District No. 88. The City has obtained the normal 60% of property owners signatures used for advancing funds in the past.
There have been no prior budget amendments.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
Assessment District 400 3605 Fund Balance Control
REVENUE APPROPRIATIONS (3601)
Fund/Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Signed:
Signed:
e: -ned:
}
Description
Division 7401 Assessment District- Capital Projects
Account C5200495 Assessment District No. 88
Division
Account
Division
Account
Division
Account
Division
Account
City Council Approval: City Clerk
Amount
Debit Credit
$46,350.00
$46,350.00
Co
Date
G-�f
Date
9
0