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HomeMy WebLinkAbout08 - Assessment District 99CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 February 12, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Alfred Castanon 949 - 644 -3314 or acastanon @city.newport- beach.ca.us SUBJECT: ASSESSMENT DISTRICT NO. 99 — APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH HARRIS & ASSOCIATES RECOMMENDATIONS: 1. Approve Amendment No. 2 to the Professional Services Agreement with Harris & Associates, of Irvine, California, for additional assessment engineering services for Revised Underground Utility Assessment District No. 99 for a not to exceed price of $28,450 and authorize the Mayor and City Clerk to execute the Amendment. 2. Approve remittance payment of $33,100 to AT &T for redesign fees. 3. Approve a Budget Amendment transferring $75,000 from the Unappropriated General Fund Reserve Account to Assessment District No. 99, Account No. 74099 -9812. DISCUSSION: On January 14, 2003, the City entered into a Professional Services Agreement with Harris & Associates for assessment engineering and district coordination services for Underground Utility Assessment District No. 99, for a not to exceed amount of $55,000. The engineering services provided by Harris & Associates included identifying, analyzing, and determining the correct apportionment of costs in addition to preparing the Assessment Engineer's Report. On May 8, 2007, Amendment No. 1 to the Agreement executed a not to exceed amount of $10,000 to reflect additional services not included in the Agreement and to extend the term of the Agreement to December 31, 2008. On June 26, 2007, the vote for the proposed Assessment District resulted in a majority protest with 61% of the ballots voting no, and 39% of the ballots voting yes. Most Assessment District No. 99 — Approval of Amendment No. 2 to Professional services Agreement with Harris & Associates February 12. 2008 Page 2 property owners north of Balboa Boulevard and west of 20th Street voted against the formation of the proposed district. Since the June 2007 vote, the District proponents have requested that we reauthorize their original District request on the Oceanside of Balboa Boulevard between 14th and 19th Streets. After extensive discussion and review with the community, the attached revised District Boundary map was developed. Staff and the proponents are very confident that the revised district will be .successful and request the City to move ahead. In addition to the Districts boundary change, the Federal Income Tax Component of Contribution Tax (ITCC) has been eliminated in the interest of a more favorable vote. The ITCC is a tax assessed whenever private party contributions in aide of construction (CIAC) are made. To date, Underground Utility Districts have not been assessed this tax due to the fact underground utility.districts are viewed as providing public benefit by increasing community aesthetics and public safety. Under this Amendment No. 2, Harris & Associates will provide Assessment Engineering Services for Underground Utilities Assessment District (UUAD) No. 99, which is being changed to remove parcels north of Balboa Boulevard except 19th Street and parcels south of Balboa Boulevard between 20th Street and McFadden Plaza (see attached Exhibit "A" Boundary Map of Proposed District No. 99). Assessment Engineering Services for the formation of UUAD No. 99 will include updating the database for the new boundaries and the current Assessor's Parcel Roll, updating the Boundary Map, Assessment Diagram, and the Engineer's Report, and full notice and balloting services for the revived. proposed district. Harris & Associates will also conduct property owner information meetings and all services after formation of the District as outlined in the current Scope of Services. Southern California Edison (SCE) and AT &T are responsible for the design of their utilities. In order to initiate the redesign of these facilities, the City must remit $33,100 to AT &T. SCE is not requesting additional design funds. 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. 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. Assessment District No. 99 — Approval of Amendment No. 2 to Professional Services Agreement with Harris & Associates February 12, 2008 Page 3 Funding Availability: Aside from the Assessment Engineering and AT &T cost, staff anticipates minor expenses in preparation of the revised District. For example, AT &T has identified the need for an easement off 20th Street and the City may need to employ the services of a land surveyor and /or easement expert. Staff anticipates approximately $10,000 in incidental costs. Upon approval of the budget amendment, funds will be available in the following account to cover the not -to- exceed costs authorized by Amendment No. 2 to the Professional Services Agreement with Harris & Associates, AT &T re- design costs and incidentals. Account Description Assessment District No. 99 Prepared by: M Alfr d Castanon Associate Civil Engineer Account Number 74099 -9812 Submitted by: Amount $75,000 In G. Badum Works Director Attachments: Exhibit "A" Revised Boundary Map of Proposed District No. 99 Amendment No. 2 Budget Amendment PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT, No. 00 EXHIBIT "A" (BALBOA BOULEVARD ALLEY) CITY OF NEWPORT BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA NORTH OF BALBOA ZONE SHEET 4 SDUTH DF BALBDAZONE SHEET 3 SHEET 5 ASSESSOR'S PMCEL UNE cng ....... LOT LINE . ....... .... . ASSESSMENT DISTRICT J I BOUNDARY W Wywoll 11 .-.- ......... ....... . .. TRACT UNE = ...... CENTERLINE I LOT NUMBER A N.A.P. NOT A PART W /.§$EUKN. CtSTRICT SOUTH OF BALBOA ZONE H rris & Associates I c TgUCTI R ARCiRS CPR WINITS SHEET 6 3- QE=* PAIX, &.ITE IK RIME- IA 11111-1] ass -mT NOT TO SCALE s.m AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH HARRIS AND ASSOCIATES FOR PROPOSED ASSESSMENT DISTRICT NO. 99 THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of , 2008, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and HARRIS AND ASSOCIATES, a California corporation whose address is 34 Executive Park, Suite 150, Irvine, California, 92614 -4705 ( "Consultant "), and is made with reference to the following: RECITALS A. On January 14, 2003, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "Agreement', for Assessment Engineering services for Proposed Assessment District No. 99, hereinafter referred to as "Project'. This Agreement was scheduled to expire on October 31, 2005. B. On May 8"', 2007, City and Consultant entered into Amendment No. 1 of the Agreement to reflect services not included in the Agreement and to extend the term of the Agreement to December 31, 2008. C. City desires to enter into this Amendment No. 2 to reflect additional services not included in the previous Amendment and to extend the term of the Agreement to June 30, 2010. D. City desires to compensate Consultant for additional professional services needed for Project. E. City and Consultant mutually desire to amend agreement, hereinafter referred to as "Amendment No. 2 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall be compensated for additional engineering services for the Revised Underground Utility Assessment District No. 99 performed pursuant to this Amendment No. 2 according to the letter dated January 18, 2008, attached hereto. 2. Total additional compensation to Consultant for services performed pursuant to this Amendment No. 2 for all work performed in accordance with this Amendment, including all reimbursable items and subconsultant fees, shall not exceed Twenty Eight Thousand Four Hundred and Fifty Dollars ($28,450.00). 3. The term of the Agreement shall be extended to June 30, 2010. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on the date first above written. APPROVED AS TO FORM: By: Aaron . Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH A Municipal Corporation Mayor for the City of Newport Beach HARRIS AND ASSOCIATES: am Title: Senior Project Manager Print Name: Joan E. Cox 0 (Corporate Officer) Title: Sr. Vice President Print Name: Jeffrey M. Cooper Attachment: Letter — Request for Additional Authorization Dated January 18, 2008 F: \Users \PBW \Shared\Agreements \FY 07 -08 \HARRIS & ASSOC- Amendment 2.doc January 18, 2008 Mr. Mike Sinacori Assistant City Engineer City of Newport Beach 3300 Newport Avenue Newport Beach, CA 92658 Re: Fee Proposal for Additional Assessment Engineering Services for Revised Underground Utility Assessment District No. 99 Dear Mike, The following is our additional authorization request for Revised Underground Utility Assessment District (QUAD) No. 99, which is being changed to remove all parcels north of Balboa Blvd except 19`6 Street and most parcels south of Balboa Blvd and east of 20ih Street. Assessment Engineering Services for the formation of WAD No. 99 will include updating the database for the new boundaries and the current Assessor's Parcel Roll, updating the Boundary Map, Assessment Diagram, and the Engineer's Report, and full notice and balloting services. Additionally, property owner information meetings will need to be conducted and all services after formation as outlined in our current Scope of Services. Phase 1— Petition Confirmation $0 Phase 2 — Engineer's Report and Formation Proceedings ........ ............................... $24,000 .......................................................................... ............................... plus envelopes and postage* Phase 3 — Assessment Confirmation and Bond Sale ........................... .........................$5,000 .......................................................................... ............................... plus envelopes and postage* Phase 4 — Property Owner Coordination after Formation (Optional) .................... $24,000 Total Requirement for Scope of Services = $53,000 Current Remaining UUAD No. 99 Budget = $24,550 otal Additional Authorization Reg aired = $28,45 Indirect expenses (such as mileage, duplicating and postage) are included in the fees shown above except as noted. * Official city # 10 window envelopes and the cost for postage for the ballot package are to be provided to Harris one-week prior to the mailing date. Harris & Associates will provide a cost/value . analysis for out - sourcing the noticing to a mail -house for production, folding, stuffing and mailing. Invoices will be submitted monthly for services provided in the previous month and shall be paid within 30 days of receipt in accordance with our existing contract and in accordance with Harris' current schedule of hourly rates. Any mail -house services for notice/ballot production (for bar- coding, folding, and stuffing the notices and ballots into envelopes for mailing) will be invoiced at cost plus 15 %. Our current Schedule of Hourly Rates is shown below. Q TroposalANewport Beach\ad99WD99 take 2 add[ £ee.doc Mr. Mike Sinacori City of Newport Beach January 18, 2008 Page 2 HARRIS & ASSOCIATES 2008 SCHEDULE OF HOURLY RATES Project Manager . ............................... $230 / hour Deputy Project Manager .................... $210 / hour Senior Project Analyst ....................... $100 / hour Project Analyst ..... ............................... $75 / hour Sr. Drafting Technician ..................... $110 / hour Clerical Staff ........ ............................... $65 / hour * These hourly rates may be updated on an annual (calendar year) basis. Hourly rates include most direct costs such as vehicle usage and mileage, equipment usage (including computers), and printing and copying except as noted above. Mail -house services will be billed at cost plus 15 %. Attached is a Fee Schedule Amendment #2 reflecting the above. Our team is excited about the opportunity to continue working with the City of Newport Beach on this challenging project. We would welcome the opportunity to meet with you to discuss any aspect of our technical or fee proposal. If you have any questions regarding this proposal, please call me at 949.655.3900 ext. 337. Sincerely, Harris & Associates Joan E. Cox, PE Senior Project Manager Financial Engineering Attachment Q:TmposalsNewport Beach\ad99WD99 take 2 addl fee.doc Harris & Associates. Assessment Engineering Services Amendment #2— EXHIBIT "B° Proposed Assessment District No. 99 Fee Schedule FEE SCHEDULE — AMENDMENT #2 The following fees are being amended based on the additional work required to be performed due to revising the boundaries of Assessment District No. 99 after receiving a majority protest with the original boundaries and going through the full formation proceedings with the parcels in the updated boundaries. Phase 1— Petition Sufficiency Tasks I through 5 ..... Phase 2 — Engineer's Report and Formation Proceedings Tasks6 through 19 .................................. ............................... Phase 3 - Assessment Confirmation and Bond Sale ...... ............................... no change .... add additional $24,450 Tasks 20 through 24 ........................................................................... ............................... no change Phase 4 - Property Owner Coordination after Formation (Optional) Tasks 25 through 33 ............................. ............................... ............................add additional $4,000 Total Additional Fee = $28.450 These time & material estimates and the time & material 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 2008. Harris' current schedule of hourly rates are provided below. SCHEDULE OF HOURLY RATES Project Manager ................. Deputy Project Manager.... Senior Project Engineer..... Project Engineer ................ Junior Project Engineer ..... Senior Project Analyst....... Senior Drafting Technician Project Analyst .................. Clerical Staff............ ......... $230 / hour ......... $210 / hour $140 - 180 /hour ......... $130 / hour $95 - $110 / hour $95 - $100 / hour $90 - $110 / hour ...$75 -$85 / hour $65 / hour These hourly rates may be updated on an annual (calendar year) basis. Hourly rates include most direct costs such as vehicle usage and mileage, equipment usage (including computers), and printing and copying except as noted above. Mail -house services will be billed at cost plus 15 %. Q1proposalsWewpon Beach\ad99WD99 take 2 add[ fee doc Page B71 Modified January 18, 2008 City of Newport Beach NO. BA. 08BA -045 BUDGET AMENDMENT 2007 -08 AMOUNT:1 $75,000.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations ADD �X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations for engineering costs associated with Assessment District No. 99. The General Fund will advance these funds and will be reimbursed by district should it be formed. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 4099 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description AD #99 - Fund Balance Description Description Division Number 74099 Assessment District No. 99 Account Number 9812 AD Assessment Engineering Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed:��_ G,Q Fi ancigl Approval: Adminis ive Services Signed: / Administrative Ap oval: City Manager Signed: Amount Debit Credit $75,000.00 " $75,000.00 l City Council Approval: City Clerk Date