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HomeMy WebLinkAbout06 - Underground Assessment District 75 - Balboa VillageJanuary 23, 2001 CITY COUNCIL AGENDA ITEM NO. 6 TO: Mayor And Members Of The City Council FROM: Public Works Department SUBJECT: UNDERGROUNDING OF UTILITIES IN BALBOA VILLAGE (PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 75) RECOMMENDATIONS: 1. Authorize a Budget Amendment to appropriate $6,800 from the unappropriated General Fund balance and transfer $48,000 from Account No. 7401- C5110514 to proposed Assessment District No. 75, Account No. 7401- C5200603. 2. Authorize the City Manager to execute a Professional Services Agreement with GFB Friedrich & Associates in an amount not to exceed $25,425 for assessment engineering services. DISCUSSION: Underground Assessment District No. 75 is being processed concurrently with the Balboa Village redevelopment project. In order to have the overhead utilities undergrounded within the next two years, the design process must commence with the public utility companies and an assessment engineer must be hired to process the required engineer's report. To process an underground utility district it is desirable (but not mandatory) to obtain petitions representing owners of 60 percent of the land area to insure the district will have a better chance of passage when ballots are cast by the property owners. Petitions are currently being circulated, but have not been formally submitted to the City requesting a special assessment district be formed. The location and boundaries of the proposed district are shown on Exhibit A. 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. In anticipation of this proposed district moving forward, staff requested a Proposal from GFB Friedrich & Associates to obtain assessment engineering services. GFB Friedrich & Associates' project team has negotiated a fee for services not to exceed $25,425. SUBJECT: Undergrounding Of Utilities In Balboa Village (Proposed Underground Assessment District No. 75) January 23, 2001 Page 2 The assessment engineering services to be provided by GFB Friedrich & Associates are detailed in their proposal and include identifying, analyzing, and determining the correct apportionment of the costs and preparing the assessment Engineer's Report. In addition, GFB Friedrich & Associates will prepare 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 to underground their utilities. In order to initiate the design of these facilities, the City must remit $15,000 to Edison and an estimated $11,500 to Pacific Bell. An additional $2,875 is being requested to pay for unforseen expenses. As a component of the FY 2000 -01 CIP, there is $48,000 available in Account No. 7401- 05110514 for the City's portion of assessment district costs. The balance of $6,800 can be funded by the unappropriated balance available in the General Fund. 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. Respectfully su ted, Don ebb Public Works Director '— �RicTiard L. Hoffsta t, E. Development Engineer Attachments: Exhibit "A ", Boundary Map of Proposed District Exhibit "B ", Professional Services Agreement Budget Amendment UGH s SZ P i v �f . Z e o � ijlJ n z F U A z N A QN R, N x U F O A W A � Wp W u � ¢ H A p p W J z Z Z ¢ a a w h w 3 3 0 ¢ Z I I I LO i • 0 10 J I i � o ° G a ate. F F w � = U O.a Z m Z � � 3 z F y � s] 7 � z 0 i i QJ ELI Q ELI J� J N � 0 Z 133 I I I I I I I r— I O m J m F— w NI` V4 Wl`dd I 1 I I I I I I 1 I I I m X W EXHIBIT "B" PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this day of 2001, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City "), and GFB Friedrich & Associates, whose address is 6529 Riverside Avenue, Suite 230, Riverside, California, 92506, (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 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 City. B. 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. 75 (Balboa Village) upon the terms and conditions contained in this Agreement. C. The principal members of Consultant are for purpose of Project is John A Friedrich. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and conditions provided -1- 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 15' day of February, 2001, and shall terminate on the 30`h day of June, 2003, 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" 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 City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of Twenty Five Thousand four hundred twenty -five dollars ($25,425). 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, computer printing, postage and mileage. 3.2 Consultant shall not receive any compensation for extra work without prior -2- written authorization of City. 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. 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 ten percent (10 %) 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 supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will -3- 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. 4.3 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or charge of, and shall not be responsible for Project's design, Project's contractor (hereinafter referred to as "Contractor "), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 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 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 Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated John Friedrich, P.E. to be its Project -5- Manager. Consultant shall not bill any personnel to 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 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 Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 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 below. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City and assessment of damages against Consultant for delay. Notwithstanding the foregoing, 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 Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 9. CITY POLICY 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 N ensure that 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 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 any and all 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, its 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. -7- 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. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and assigned Best's A- VII or better rating: 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 IN 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 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 comprehensive 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 comprehensive 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 -9- 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 co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be 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 -10- 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. 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. -11- D. City will prepare and provide to Consultant street base digital file in AutoCAD (DWG) 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 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 -12- 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 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 Project. 23. CONFLICTS OF INTEREST A. 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 foreseeable financially affect such interest. 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 13- 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 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 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 class 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; Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: John Friedrich, P.E. GFB Friedrich & Associates 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 (909) 781 -0811; Fax (909) 781 -8435 SCE 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 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 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 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 -15- 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. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her 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. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to -16- indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All drawings shall be transmitted to the City in Auto Cad version 14 in ".dwg" file format. All written documents shall be transmitted to the City in Microsoft Word 97 and Microsoft Excel 97 and be consistent with Microsoft Office 97. 32. PATENT INDEMNITY 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 ATTEST: By: LaVonne Harkless City Clerk Ad\ad75 \Prof Sery Agt AD75 -17- CITY OF NEWPORT BEACH A Municipal Corporation In Mayor City of Newport Beach GFB FRIEDRICH & ASSOCIATES In EXHIBIT "A" SCOPE OF SERVICES Underground Assessment District No. 75 (Balboa Village) The ENGINEER shall provide the following Scope of Work, commencing at the point at which sufficient petitions requesting the formation of Utility Undergrounding Assessment District No. 75 have been received by the City, and concluding with the close of the public hearing and confirmation of the assessment district. This includes any required amendments to the Engineer's Report, plus a review of the Preliminary and Final Official Statements. The following tasks are required to complete the assessment district formation. In conjunction with staff, determine proposed assessment district boundary. 2. Obtain and utilize Orange County Assessors property owner information to create a property owner data base that will be used for required mailings and assessment spreads. 3. Prepare a spread sheet showing Assessment Number, Assessor's parcel Numbers, tract and lot number, front footage, area of each lot in acres, area signing petition, relative front footage, owner, address of property, mailing address, and all required property factors necessary for the assessment formula. 4. Based on petitions received, determine whether sufficient valid petitions exist to proceed with the assessment district formation, or whether additional petition - gathering efforts are needed. 5. Assist bond attorney and City staff in establishing a project schedule. 6. Attend utility coordination meetings on an as- needed basis. Coordinate between City and property owners as required (assume 3 meetings). Prepare Boundary Map of assessment district. 8. Prepare Preliminary Engineer's Report in accordance with Proposition 218 which will include the following: 1931 Act information and tables Plans and specifications (by reference) Description of works of improvement Preliminary estimate of costs Assessment diagram Method of assessment spread Assessment roll with preliminary assessments. Right -of -Way Certificate (executed by Superintendent of Streets) Certification of Exemption (executed by the City) Attend property owner information meeting to discuss preliminary assessments. SCOPE OF SERVICES PACE A- I 10. File Preliminary Engineer's Report with Superintendent of Streets. 11. Attend City Council meeting at which Resolution of Intention is adopted, Preliminary Engineer's Report is approved, and Public Hearing is set. Answer questions as necessary. 12. Prepare boundary map for recordation at Orange County Recorder's Office. 13. Print and mail Resolution of Intention, preliminary assessment, amount, and time and place of Public Hearing to each assessed property owner of record, as required by 1913 Act proceedings (contents of notice will be provided by bond counsel). Prepare written declaration that this has been done. 14. Prepare Amended Engineer's Report in which the confirmed assessment spread is based on final approved estimate of fees to be financed, including incidental costs and financing costs. 15. File Amended /Confirmed Engineers Report with the Superintendent of Streets. 16. Attend property owner information meeting to discuss confirmed assessments. 17. Attend Public Meeting and Public Hearing, at City Council meetings and make presentations as required. 18. Count ballots received and enter the results, by financial obligation, to determine the percentage protest. The ballots are, weighed by "financial obligation" or by the amount of the property's assessment. All ballots must be returned prior to the close of the public hearing. 19. Make revisions to Engineer's Report as ordered by the City Council. 20. Print and mail confirmed assessment amount and Notice of Assessment to each assessed property owner of record within the assessment district. Prepare written declaration that this has been done. 21. Prepare Assessment Diagram, Notice of Assessment, and list of assessed property owner names for recordation at Orange County Recorder's Office. 22. Review Preliminary and Final Official Statements. 23. Staff Meetings, project administration, and coordination with City staff, bond counsel, financial advisor, bond underwriter, appraiser, and other project consultants (assume 3 staff meeting in addition to the meetings described above). This item shall include answering questions and providing information to property owners, project proponents, community association representatives, etc. SCOPE OF SERVICES PAGE A -2 Exclusions The following items of work are not included within the above Scope of Services: 1. Right -of -way services. 2. Post - public hearing services (except as noted) including debt service (amortization) schedules and placing assessment on tax roll. 3. Property valuation and tax delinquency information. 4. Advertising of notices in newspaper. 5. Preparation of improvement plans, specification and bid documents. Services Information and /or Fees to be Provided by Others In preparing the above Scope of Work, it is assumed that the following services, information and /or fees will be supplied by the City or other consultants. 1. Utilities construction cost estimates. 2. Up -to -date maps, records, plans, etc. that pertain to this project. 3. Postage and public agency letterhead and envelopes or property owner mailings. 4. Right -of -entry onto private property, as required. 5. Other consultants (including property appraiser) whose services required to complete the assessment district formations. 6. Preparation of Certificate of Sufficiency of Petition. 7. Preparation and execution of Notice of Exemption. Ad\adMScove of Work SCOPE OF SERVICES PAGE A -3 August 1, 2000 Exhibit "B" GFB- FRIEDRICH & ASSOC., INC. Y �► S. 1. Principal $ 105.00 per hour 2. Registered Engineer $ 90.00 per hour 3. Project Manager $ 84.00 per hour 4. Designer /CAD $ 76.00 per hour 5. CAD Drafter $ 66.00 per hour 5a. Special Districts Analyst $ 66.00 per hour 5b. Field Inspector $ 60.00 per hour 6. 2 -Man Survey Party $ 155.00 per hour 7. 3 -Man Survey Party $ 198.00 per hour 8. Survey Computer $ 76.00 per hour 9. Clerical $ 40.00 per hour Subconsultants Subconsultant Fee plus 10 % Blueprints, Reproduction & Courier Service Vendor Costs Job Travel $ 0.36 per mile Delivery $ 30.00 per hour plus mileage NOTE: Normal overtime will be invoiced at 1.50 times standard hourly rate. Overtime on Sundays and holidays will be invoiced at 2.00 times standard hourly rate. This Schedule of Hourly Rates is in effect through July 31, 2001 and shall be subject to annual revision based on changes in the cost of living. COMPENSATION SCHEDULE newpor0nup1bhMpro PAGE B -1 City of Newport Beach BUDGETAMENDMENT 2000 -01 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates NX Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: X from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: NO. BA- 024 AMOUNT: E5a,soo.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To appropriate funds for proposed Assessment District No. 75 ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (360 1) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description General Fund - Fund Balance Description Signed: Signed: Signed: Administrative Services Director Administrative Approvfl: City Manager City Council Approval: City Clerk Amount Debit Credit $6,800.00 $48,000.00 $54,800.00 Date 114141 — Date D ate Description Division Number 7401 Assessment District - Cap Project Account Number C5110514 Assessment District Program Division Number 7401 Assessment District - Cap Project Account Number C5200603 Assessment District No. 75 Division Number Account Number Division Number Account Number Signed: Signed: Signed: Administrative Services Director Administrative Approvfl: City Manager City Council Approval: City Clerk Amount Debit Credit $6,800.00 $48,000.00 $54,800.00 Date 114141 — Date D ate