HomeMy WebLinkAbout09 - BA-036 - Underground Assessment District 99CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 9
January 14, 2003
TO: Mayor And Members Of The City Council
FROM: Public Works Department
Patrick Arciniega, Junior Engineer
949 - 644 -3311
parciniega@city.newport-beach.ca.us
SUBJECT: REQUEST FOR FUNDING FOR PROPOSED UNDERGROUND
ASSESSMENT DISTRICT NO. 99 (ALLEY BOUNDED BY MCFADDEN
PLACE, BALBOA BOULEVARD, 14m STREET, AND OCEAN FRONT
WEST)
RECOMMENDATIONS:
Authorize a Budget Amendment to appropriate $100,000 in the Assessment District
Capital Project fund to proposed Assessment District No. 99, Account No. 7401-
05200707.
2. Authorize the City Manager to execute a Professional Services Agreement with
Harris & Associates in an amount not to exceed $55,000 for assessment
engineering and district coordination services.
DISCUSSION:
Owners of property located in the Proposed Assessment District No. 99 have submitted
petitions to the City requesting a special assessment district be formed to underground
overhead utilities. Property owners have requested formation of an assessment district for
the purpose of financing the conversion of existing overhead utilities. The 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.
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 61 percent of the assessable area within the proposed district. The
City has typically established 60 percent as a minimum in order to proceed with the
formation of a district.
SUBJECT: REQUEST FOR FUNDING FOR PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 99 (ALLEY BOUNDED
- BY MCFADDEN PLACE, BALBOA BOULEVARD, 14T STREET, AND OCEAN FRONT WEST)
January 14, 2003
Page 2
In anticipation the district would move forward, Staff prepared a Professional Services
Agreement for Harris & Associates to provide assessment engineering services. Hams &
Associates' project team negotiated a fee of $35,000 for services, with an optional fee of
$20,000 for coordination of the district once it has been formed. Their total fee is not to
exceed $55,000 for the entire scope of work.
The assessment engineering services to be provided by Hams & Associates are detailed
in the Professional Services Agreement and include identifying, analyzing, and
determining the correct apportionment of costs in addition to preparing the Assessment
Engineer's Report. Harris & Associates will also 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 to Edison and
$30,000 to 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.
Environmental Review:
This project qualifies for a Class 2 California Environmental Quality Act (CEQA) exemption
under Section 15302, item "d" of the Implementing Guidelines as follows:
"Conversion of overhead electric utility distribution system facilities to underground
including connection to existing overhead electric utility distribution lines where the surface
is restored to the condition existing prior to the undergrounding."
Public Notice: Not Applicable.
Funding Availability: The City is reimbursed for assessment districts expenses upon the
sale of bonds.
Prepared by: Submitted by:
Patrick Arciniega Stephen G. Baclum
Junior Engineer Public Works Director
Attachments: Exhibit "A ", Boundary Map of Proposed District
Professional Services Agreement
WF-
U) C)
aF-
OU)
It ❑
(L
LL F-
0 Z
} W
It 5;
QW
❑ to
zU)
�y
O rn
m Q
21zl?
/
SZpZ
Z 3JVd .V, 3Nfl HO1VN 32S
I tilL0
N
w
3
Scut
ZLL
9- _
LZLL
££LL °
133a1S
roar = =moo
Coat
z/t oz,
t
tiZL
0
9ZL
1
H191
0
0
z/t 00
0
Z/t zo
Z/C 919t
lBt BLII
J Z l L l 9
28t / ZZ9l'
szet tiZ9l
z9l 9291
3ii1S H161
i �= 0 0 006
13 sz6i
3NlS
�pp> NlpZ
�p> 100z
0Z
(00L,>
N3pOb���
ee6
C. Z
F-
(D
W
r
z
O
It
LL
z
w
U
O
Q
W
W
w
F
2
F
m
a
W
t
U
1
Q
'
❑ J
LLJ a
0 z
'
� z
I
W
I
U
W
a
o
m
w
z
W
o W
o
o
z
W
¢
w w
g
m
z z
Wm
O
J J
❑ ❑
O
o
D
W W
2 S
y
y
J
J
W W
0 0
! a
a
0
m
a
0
UWi ~
aF-
O~
LL
ao
OW
>- 2
Qw
❑U)
D y
m¢
(n
LLI
J
m
13
ltVti l
133b1S
1151
S1S1
8011
0 lb l
141
a -v
9lf l
8 -�
ZVt
am
01
H1S1
�o
0
z
�J1SIz/l s
H191
b091
9091
8091
0191
BLf9l 8Z9!
z 133b1S H1L1
C-
LOLL oou
OL l VOL l
L 3E)Vd M. 3NIl HOIVVY
I—
Z
O
CY
W
z
w
U
O
F-
W
F—
Z
O
m
LL
Z
w
w
U
O
❑
Z
w
w
It
r
2
r
w W
U
❑ -j O °
w a w w
O z ¢ N
W 2 Z =
U W � 2 co
Q
W a O m ❑ m co
> z W 0 0 a
O z of r
w ¢ W w w OQ W❑
af 2 CO Z Z W W
w w 0 :j n Er O
CO O O
W ❑ ❑ Q Y
J J Y W W F W
(L a cD O O JO W
I
I
e o
I
1
N
a
41
PROFESSIONAL SERVICES AGREEMENT
FOR ASSESSMENT ENGINEERING SERVICES
FOR PROPOSED ASSESSMENT DISTRICT NO. 99
THIS AGREEMENT, entered into this day of 2003, by and
between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as
"City "), and Harris & Associates, 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
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 is planning to implement Proposed Assessment District No. 99
(`Project').
C. City desires to engage Consultant to perform services for the formation of
Assessment District No. 99, which encompasses approximately 200 parcels
of land in an area bounded by McFadden Place, Balboa Boulevard, 14'
Street, and Ocean Front West upon the terms and conditions contained in
this Agreement.
D. The principal members of Consultant for purpose of Project are: Joan E.
Cox, PE, Project Manager, Jeffrey M. Cooper, PE, Project Director; Dennis
A. Anderson, Project Engineer; and Valarie G. Hall, Project Analyst.
-1-
E. 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
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 , 2003, and
shall terminate on the 31st day of October 2005, 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, including all reimbursable items and
subconsultant fees, shall not exceed the total contract price of Fifty Five Thousand
Dollars ($55,000).
-2-
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 submit monthly progress invoices to City payable by City
within thirty (30) days of receipt of invoice.
3.3 Consultant shall not receive any compensation for extra work without prior
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 ".
3.4 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. 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.
4. STANDARD OF CARE
4.1 All of the services shall be performed by Consultant or under Consultant's
-3-
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 to.City that it has or shall obtain all licenses, permits, qualifications and
approvals required of its profession. If Consultant is performing inspection or construction
management services for the City, the assigned staff shall be equipped with a Nextel Plus
type cellular /direct connect unit to communicate with City Staff; consultant's Nextel Direct
Connect I.D. Number will be provided to City to be programmed into City Nextel units, and
vice versa. Consultant further represents 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, acts of God, failure of City to furnish timely information or to promptly
approve or disapprove Consultant's work, delay or faulty performance by City,
contractors, or governmental agencies, or any other delays beyond Consultant's control.
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
10
Z3
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 and 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.
-5-
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 Joan Cox to be its Project 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
8.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days after the start
of the condition, which purportedly causes a delay, but not later than the date upon which
performance is due. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays, which are beyond
Consultant's control.
M
,,
8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances by
telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant shall 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 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 to the extent caused by negligent acts or
-7-
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
sole 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.
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, and employees as additional insured
for all liability arising from Consultant's services as described herein.
Insurance policies with original certificates and 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, including 'Wavier of Subrogation"
clause, covering all employees and principals of Consultant, per the laws of
the State of California.
S
B. Commercial general liability insurance original certificate and
endorsement (which includes additional insured and primary and non-
contributory wording), 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, including additional
insured (and primary and non - contributory wording for waste haulers only),
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 ($100,000).
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
In
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, which
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing workers compensation, 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
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.
-10-
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, fumish
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 City authorizes the release of information, expect that Consultant may
release information when necessary during the course and scope of its work when
required to do so by law, i.e. subpoena.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
-11-
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 (DWG) compatible format.
18. ADMINISTRATION
The Public Works Department will administer this Agreement. Patrick Arciniega
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.
-12-
18. 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
-13-
additional design, construction and /or a restoration expense shall be bome 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
foreseeably 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
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.
-14-
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
Newport Beach, CA, 92663
(949) 644 -3311
Fax (949) 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Joan Cox
Hams & Associates
34 Executive Park, Suite 150
Irvine, CA 92614 -4705
(949) 655 -3900
Fax: (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,
-15-
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. 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.
28. 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.
Consultant and City will use reasonable care to comply with applicable laws in effect at
the time services are performed hereunder which, to the best of their knowledge,
information and belief, apply to their respective obligations under this Agreement.
-16-
29. 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.
30. 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 shah 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
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 the City's latest adopted version of
AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in
the City's latest adopted version of Microsoft Word and Excel.
31. PATENT INDEMNITY
Consultant shall indemnify City, its agents, officers, representatives and
-17-
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:
City Attomey
ATTEST:
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
MAYOR
HARRIS & ASSOCIATES
Title:
f:Wsers\pbw\shared\agreements \fy 02 -01harris & assoc -ad 99.doc
an
Assessment Engineering Services EXHIBIT "A"
Proposed Assessment District No. 99 Scope of Services
SCOPE OF SERVICES
The following is our scope of services for the formation of Assessment District No. 99, which
encompasses approximately 200 parcels of land with mixed uses (residential, commercial and
institutional) in an area bounded by McFadden Place, Balboa Boulevard, 10 Street and Ocean Front
West.
This scope assumes the assessment district will be formed under the authority of the Municipal
Improvement Act of 1913. Therefore, all elements required by the 1913 Act and Article XIIID of the
California Constitution (Proposition 218), as well as the provisions of the Debt Limitation Act of
1931, will be provided to the City, including an Engineer's Report that utilizes an appropriate
assessment methodology for apportioning the costs to all properties receiving "special benefits" from
the undergrounding of overhead utilities. The Engineer's Reports will be prepared and signed by a
registered Professional Civil Engineer.
The Scope of Services is broken into 3 distinct phases. Phase 2 will not commence until the City has
received sufficient petitions (60 percent) from the property owners, and Phase 3 will not commence
unless the City Council acts to establish the Assessment District. We have also provided an optional
Phase 4, which provides property owner coordination during construction.
Phase 1— Petition Confirmation
I . In conjunction with the City staff, determine proposed assessment district boundary.
2. Obtain and utilize the Orange County Assessor's property owner information to create a property
owner database that will be used for petition confirmation, required mailings and assessment
spread.
3. Prepare a 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 address, tract
and lot number, and any other pertinent and/or required information.
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. 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. (Assumes 3 meetings.)
8. Prepare the Boundary Map and the Assessment Diagram for the Assessment District from an
electronic base map supplied by the City.
M
MR
Harris & Associates
\U[ 2\Dam\Propo z)S\Newport Beach`ad99 \99 e h_A scope.doc Page A -1
Assessment Engineering Services
Proposed Assessment District No. 99
EXHIBIT "A"
a of Services
9. Prepare the draft Preliminary Engineer's Report in accordance with the 1913 Act, the 1931 Act
and Proposition 218, to include the following:
1931 Act information and tables
• Plans and specifications (by reference)
. Description of works of improvements
. Preliminary estimate of costs
. Assessment Diagram
• Method of assessment apportionment
• Assessment roll with preliminary assessments
• Right -of -Way Certificate (executed by Superintendent of Streets)
• Certificate of Completion (executed by Director of Public Works)
10. Finalize the Preliminary Engineer's Report, including apportionment and method of assessment
distribution, based on comments received.
11. File Preliminary Engineer's Report with Superintendent of Streets. /
12. Attend the City Council meeting at which Resolution of Intention and Preliminary Engineer's
Report are considered and Public Hearing is set (includes I meeting).
13. Prepare Boundary Map for recordation and record.
14. Prepare the Notices of Public Hearing and Assessment Ballots, including the property owner's
name and mailing address, Assessor's parcel number and preliminary assessment amount, for
mailing to all assessed property owners of record within the proposed district. Work will be
performed in accordance with the 1913 Act and Proposition 218. This scope assumes Special
Council and the City will review and approve the contents of the Notice and that the City will
provide the envelopes and postage for mailing. Prepare a written declaration that this task has
been completed.
15. Prepare Confirmed Engineer's Report in which the confirmed assessment spread is based on final
approved estimate of fees to be financed, including incidental and financing costs.
16. File Confirmed Engineer's Report with the Superintendent of Streets. .
17. Attend a property owner information meeting to discuss preliminary assessments.
118. Attend the City Council meeting at which the Public Hearing is conducted to provide technical
support and answer questions. Tabulate the assessment ballots after the close of the public
hearing and present the results to the City Council (includes I meeting).
19. Make revisions to the Engineer's Report as ordered by the City Council.
Harris & Associates
\U2\Data\Proposa1s\Newport Beach\ad99 \99 exh_A scope.doc Page A -2
Assessment Engineering Services
Proposed Assessment District No. 99
Phase 3 - Assessment Confirmation and Bond Sale
EXHIBIT "A"
a of Services
20. Prepare the Notice of Assessment, List of Assessed Property Owner Names and Assessment
Diagram for recordation and record.
21. Prepare the Notice of Assessment, including the confirmed assessment amount as well as cash
payoff amount, for mailing to all assessed property owners of record within the confirmed
district. This scope assumes Special Council reviews the contents of the Notice and that the City
will provide the envelopes and postage for the mailing. Prepare a written declaration that this task
has been completed.
22. Prepare the List of Paid and Unpaid Assessments for use by the City.
23. Assist the City and project team with review of the Preliminary Official Statement and the
Official Statement, and provide basic assessment engineering, as necessary, to bring the project
to the point of initial bond sale.
24. 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 3 meetings.)
Phase 4 - Property Owner Coordination after Formation (Optional)
25. Answer property owner questions relating to the underground district, service connections,
building permits and all other miscellaneous questions related to the undergrounding.
26. Mailing No. 1: Mail letters to property owners telling them that the Edison contractor is starting
work.
27. Mailing No. 2: Mail letters to property owners telling them that it is time to connect to the new
underground system once Edison has completed installation of the underground conduits and
vaults.
28. Research all returned letters to determine correct address and remail.
29. Keep accurate records to avoid multiple letters to homeowners.
30. Mailing No. 3: Mail follow -up letter about 2 months after Letter #2 was mailed to owners that
have not pulled Electrical Permits. The Building Department will provide the Public Works
Department with a list of those property owners that have been issued Electrical Permits.
31. Research all returned letters to determine correct address and remail.
32. Mailing No. 4: Mail follow -up letter about 2 months after Letter #2 was mailed to owners that
have not pulled Electrical Permits. The Building Department will provide the Public Works
Department with a list of those property owners that have been issued Electrical Permits. This
letter will have a final conversion date with a statement of legal ramifications.
33. Work with City to get any stragglers to underground their services. This may require additional
letters, most likely reviewed and approved by the City Attorney's office.
M
Im
Harris & Associates
ULz2\DamTroposalsWewport Beach\ad99199 esh_A scope.doc Page A -3
Assessment Engineering Services EXHIBIT "A"
Proposed Assessment District No. 99 Scope of Services
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 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 of improvement 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 of Notices 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, including an electronic base map
of the proposed Assessment District.
f. Preparation and execution of Notice 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.
M
1M
Harris & Associates
\\La2\Data\Proposa1s\Newport Bcach\ad99\99 exh_A scope.doc Page A-4
Assessment Engineering Services
Proposed Assessment District No. 99
Tentative Schedule
EXHIBIT "A"
of Services
The following schedule is an estimated timeline of project tasks and is based on receiving final cost
estimates for the improvements in late December, 2002.
Task Est. Date
Aug
Sep
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
Notice to Proceed mid Aug -02
Define Proposed District Boundary late Aug -02
Research and Prepare Database mid Sep -02
Report and Certify Petition Sufficiency late Sep -02
Utility Design Process thru late Dec -02
Prepare Boundary Map & Asmt Diagram mid Nov -02
Prepare 1st Draft Prel. Engineer's Report early Dec -02
Review 1st draft Comments with Project Team mid Dec-02
JL
Receive Revised Cost estimates from Utilities by late Dec -02
Prepare 2nd Draft Prel. Engineer's Report mid Jan -03
Review Comments with Project Team late Jan -03
Submit Prel. Engineer's Report 7- Feb -03
Resolution of Intention 26- Feb -03
Notice /Ballot Production and Mailing by 7- Mar -03
45 Day Noticing Period thru 22-Apr-03
Property Owner Information Meeting late Mar -03
Submit Final Engineer's Report 4- Apr -03
Public Hearing 22- Apr -03
Notice of Asmt Production and Mailing earl May -03
30 Day Cash Collection Period thru early Jun -03
Compilation of Paid /Unpaid List mid Jun -03
Harris & Associates
ALa2\DaM\Proposals\Newport Beach\ad99\99 exh_A scope.doc Page A -5
Assessment Engineering Services EXHIBIT "B"
Proposed Assessment District No. 99 Fee Schedule
FEE SCHEDULE
The following fee estimates are provided based on the Scope of Services described in Exhibit "A ":
Phase 1— Petition Sufficiency
Tasks 1 through 5 . ............................... ...........................Time & Materials, estimated at $4,000
Phase 2— Engineer's Report and Formation Proceedings
Tasks 6 through 19 ............................ ...........................Time & Materials, estimated at $26,000
Phase 3 - Assessment Confirmation and Bond Sale
Tasks 20 through 24
Time & Materials, estimated at $5,000
Phase 4 - Property Owner Coordination after Formation (Optional)
Tasks 25 through 33 .......................... ...........................Time & Materials, estimated at $20,000
These time & material estimates and the hourly rates shown below include most indirect costs such
as vehicle usage and mileage, equipment usage (including computers), and printing and copying, and
are based on the assumption that the Assessment District will be formed prior to December of 2002.
Harris' current schedule of hourly rates are provided below.
If the City chooses to have Harris mail the notices, reimbursement for postage will be billed at cost
plus 10 %.
Invoices will be submitted monthly for services performed in the previous month. Undisputed
invoices will be paid within 30 days of receipt in accordance with a professional services agreement.
SCHEDULE OF HOURLY RATES
Project Director ............... ............................... $200 { hour
Project Manager .................. ...........................$170 { hour
Sr. Project Engineer...........
Project Engineer .................
Junior Project Engineer............
Sr. Project Analyst ...................
Sr. Drafting Technician............
Project Analyst .........................
Clerical Staff ............................
........... $150 { hour
........... $120 { hour
.............$90 { hour
.............$80 { hour
.............$95 { hour
............. $70 { hour
.............$60 { hour
These hourly rates may be updated on an annual (calendar year) basis.
B�
Harris & Associates
QAProposalMewport Beach\ad99 \99 erzh_B fee.doc Page B -1
City of Newport Beach
BUDGET AMENDMENT
2002 -03
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
rJ from unappropriated fund balance
EXPLANATION:
NO. BA- 036
AMOUNT: $100,000.00
increase in Budgetary Fund Balance
AND Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To increase expenditure appropriations related to Assessment District 99.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
400 3605
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Division
Account
Division
Account
Division
Account
Division
Account
Division
Account
Signed:
Signed:
Signed:
Description
Assessment District Fund Balance
Description
Administrative Aqt
Services Director
City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$100,000.00 -
Automatic
$100,000.00
Date
a3
D e
Date
Description
Number
7401 Assessment District
Number
C5200707 Assessment Distric 99
Number
Number
Number
Number
Number
Number
Number
Number
Administrative Aqt
Services Director
City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$100,000.00 -
Automatic
$100,000.00
Date
a3
D e
Date