HomeMy WebLinkAboutC-3246 - Underground Utilities in Bay Shores - Assessment District 70PROFESSIONAL SERVICES AGREEMENT
for
Proposed Underground Assessment District No. 70
THIS AGREEMENT, entered into this�23rQday of 061erK &—, 1998, by and
between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as
"City "), and GFB Friedrich & Associates 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 the 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 the Proposed Underground
Assessment District No. 70 ( Bayshores Private Community) upon the terms
and conditions contained in this Agreement.
C. The principal members of Consultant are for purpose of this Project are John
Friedrich and George Wells.
D. City has solicited and received a proposal from Consultant, has reviewed the
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• previous experience and evaluated the expertise of Consultant and desires to
contract with Consultant under the terms of conditions provided in this
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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 15th day of October 1998, and
shall terminate on the 30th day of June, 2001, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" attached hereto 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" and Addendum No. 1
attached hereto and incorporated herein by reference. No rate changes shall be made
during the term of this Agreement without prior written approval of the Project Administrator.
Consultant's compensation for all work performed in accordance with this Agreement shall
not exceed the total contract price of twenty four thousand six hundred ninety five dollars
($24,695.00).
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
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on an hourly basis and all approved incidental expenses including reproductions, computer
• printing, postage and mileage.
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3.2 Consultant shall not receive any compensation for extra work without prior
written authorization of the Project Administrator. Any authorized compensation shall be
paid in accordance with the schedule of the billing rates as set forth in Exhibit 'B" and
Addendum No. 1.
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.
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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
perform all services in a manner commensurate with the community professional standards.
All services shall be performed by qualified and experienced personnel who are not
employed by City nor have any contractual relationship with City. Consultant represents
and warrants to City that it has or shall obtain all licenses, permits, qualifications and
approvals required of its profession. Consultant further represents and warrants that it shall
keep in effect all such licenses, permits and other approvals during the term of this
Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's work promptly, or delay or faulty performance by City,
contractors, or governmental agencies, or any other delays beyond Consultant's control or
without Consultant's fault.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not an
employee of City. The manner and means of conducting the work are under the control of
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0 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 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
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be performed. City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
Consultant shall assign the Project to a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Project term. Consultant has designated John Friedrich to be its Project
Manager. Consultant shall not bill any personnel to the Project other than those personnel
identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior
written approval by name and specific hourly billing rate. Consultant shall not remove or
reassign any personnel designated in this Section or assign any new or replacement
person to the Project without the prior written consent of City. City's approval shall not be
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. unreasonably withheld with respect to removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of the City
Engineer. Consultant warrants it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement and
the services shall be performed by Consultant in accordance with the schedule specified in
Exhibit "X. Consultant shall receive no additional compensation if completion of its
extension under this Agreement requires a time greater than as set forth herein, unless
such extension is caused solely by the conduct of the City. Consultant shall not be
• responsible for delays which are due to causes beyond Consultant's reasonable control.
However, in the case of any such delay in the services to be provided for the Project, each
party hereby agrees to provide notice to the other party so that all delays can be
addressed.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project direction
with the Project Administrator in advance of all critical decision points in order to ensure
that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subject to approval of the Project
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• 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,
is property damages, or any other claims arising from any and all acts or omissions of
Consultant, its employees, agents or subcontractors in the performance of services or work
conducted or performed pursuant to this Agreement. This indemnity shall apply even in the
event of negligence (active or passive) of City, or its employees, or other contractors,
excepting only the sole negligence or willful misconduct of City, its officers or employees,
and shall include attomeys' 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
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• of this Agreement policy or policies of liability insurance of the type and amounts described
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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.
All insurance policies shall be issued by an insurance company certified to do
business in the State of California, with original endorsements, with Best's A VII or better
carriers, unless otherwise approved by the City Risk Manager.
A. Worker's compensation insurance covering all employees and principals of
Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury
and property damage. If commercial general liability insurance or other form
with a general aggregate is used, either the general aggregate shall apply
separately to this Project, or the general aggregate limit shall be twice the
occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
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• D. Professional errors and omissions insurance which covers the services to be
performed in connection with this Agreement in the minimum amount of one
million Dollars ($ 1,000.000.00).
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in writing
to City. Consultant shall give to City prompt and timely notice of claim made or suit
instituted arising out of Consultant's operation hereunder. Consultant shall also procure
and maintain, at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of the work.
Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide 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
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
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• outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or
syndicate or cotenancy, which shall result in changing the control of Consultant, shall be
construed as an assignment of this Agreement. Control means fifty percent (50 %) or more
of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation,
partnership or joint- venture.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection
with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant pursuant
• to this Agreement are not intended or represented to be suitable for reuse by City or others
on any other project. Any use of completed documents for other projects and any use of
incomplete documents without specific written authorization from Consultant will be at City's
sole risk and without liability to Consultant. Further, any and all liability arising out of
changes made to Consultant's deliverables under this Agreement by City or persons other
than Consultant is waived as against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received from
Consultant written consent for such changes.
Consultant shall, at such time and in such forms as City may require, furnish reports
concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
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• 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 RESPONSIBILfiIES
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
0 City's reproduction company for each of the required submittals. Consultant
will be required to coordinate the required submittals with City's reproduction
company. All other reproduction will be the responsibility of Consultant and
as defined above.
C. City staff will provide usable life of facilities criteria and provide information
with regards to deficient facilities.
D. City will prepare and provide to Consultant street base digital file in AutoCAD
(DXF) compatible format.
18. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Dick
Hoffstadt shall be considered the Project Administrator and shall have the authority act for
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• 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
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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 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
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. withheld.
21. ERRORS AND OMISSIONS
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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 the Project.
23. CONFLICTS OF INTEREST
A. The Consultant or its employees may be subject to the provisions of the
• California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
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.
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. 24. SUBCONSULTANT AND ASSIGNMENT
A. Except as specifically authorized under this Agreement, the services included
in this Agreement shall not be assigned, transferred, contracted or
subcontracted without prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement 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. 0. 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
GFB Friedrich & Associates
6529 Riverside Avenue, Suite 230
Riverside, CA 92506
(909) 781 -0811
Fax (909) 781 -8435
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. 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 parry 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 the Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
27. COMPLIANCES
Consultant shall comply with all 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
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• other term, covenant or condition contained herein whether of the same or a different
character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
30. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his judgment
as a design professional and is supplied for the general guidance of City. Since Consultant
. has no control over the cost of labor and material, or over competitive bidding or market
conditions, Consultant does not guarantee the accuracy of such opinions as compared to
contractor bids or actual cost to City.
31. PATENT INDEMNITY
The Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
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APPROVED AS TO FORM:
By.
Robin Clauson
Assistant City Attorney
City of Newport Beach
adad70\Profserv- agt- Fnednch
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CITY OF NEWPORT BEACH
A Municipal -Corporation
J
Don We6b
Public Works Director
GFB Friedrich & Associates
CONSULTANT
By:
John Frie rich
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Exhibit "A"
Utility Undergrounding Assessment District No. 70
(Bayshores, a private community)
The ENGINEER shall provide the following Scope of Services, commencing at the point at which
sufficient petitions requesting the formation of Utility Undergrounding Assessment District No.
70 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 City staff, determine proposed assessment district boundary.
Obtain and utilize Orange County Assessor 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 Number, 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 any other pertinent and /or
required information.
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4. Based on petitions received, determine whether sufficient valid protests exist to proceed
with the assessment district formation, or whether additional petition- gathering efforts are
needed.
Upon determination that sufficient valid petitions in favor of the district exist to proceed
with the formation of the assessment district, execute Certificate of Sufficiency of Petition.
6. Assist bond attorney and City staff in establishing a project schedule.
Attend utility coordination meetings on an as- needed basis. Coordinate between City and
property owners as required (assume 3 meetings).
8. Prepare Boundary Map of assessment district.
nuptbhMpro
July 14, 1998
THIS AREA INTENTIONALLY LEFT BLANK.
SCOPE OF SERVICES
PAGE A -1
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• SCOPE OF SERVICES
9. 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)
Certificate of Completion (executed by Director of Public Works).
10. Attend property owner information meeting to discuss preliminary assessments.
11. File Preliminary Engineer's Report with Superintendent of Streets.
12. 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.
• 13. Prepare boundary map for recordation at Orange County Recorder's Office.
14. Print and mail Resolution of Intention, preliminary assessment amount, assessment ballot,
and time and place for a Public Hearing to each assessed property owner of record, as
required by 1913 Act proceedings and Proposition 218 requirements (content of notice will
be provided by bond counsel). Prepare written declaration that this has been done.
15. 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.
16. File Amended/Confirmed Engineer's Report with the Superintendent of Streets.
17. Attend property owner information meeting to discuss confirmed assessments.
18. Attend City Council Meeting at which Public Hearing is conducted and make presentation
as required.
19. Count assessment ballots received and enter the results, by financial obligation, to
determine the percentage protest. The assessment ballots are weighed by "financial
. obligation" or by the amount of the property's assessment. All assessment ballots must be
received by the City Clerk prior to the close of the Public Hearing.
nupthh70.pro SCOPE OF SERVICES
October 20, 1998 PAGE A -2
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20. Make revisions to Engineer's Report as ordered by the City Council.
21. 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.
22. Prepare Assessment Diagram, Notice of Assessment and list of assessed property owner
names for recordation at Orange County Recorder's Office.
23. Review Preliminary and Final Official Statements.
24. Staff meetings, project administration, and coordination with City staff, property owners,
bond counsel, financial advisor, bond underwriter, appraiser, and other project consultants
(assume 3 staff meetings 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.
The following items of work are p4I included within the above Scope of Services:
1. Right -of -way services.
2. Post - public hearing services (except as noted) including paid/unpaid list, debt service
(amortization) schedules and placing assessments on tax roll.
3. Property valuation and tax delinquency information.
4. Advertising of notices in newspaper.
5. Preparation of improvement plans, specifications and bid documents.
In preparing the above Scope of Services, we have 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 for property owner mailings.
nuptbhMpro SCOPE OF SERVICES
July 14. 1998 PAGE A -3
0 SCOPE OF SERVICES
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4. Posting notices on property.
5. Right -of -entry onto private property, as required.
6. Other consultants (including property appraiser) whose services are required to complete
the assessment district formations.
7. Preparation of Certificate of Sufficiency of Petition.
8. Preparation and execution of Notice of Exemption.
9. Recordation of maps and Notice of Assessment at Orange County Recorder's Office.
END
nup"70.pro SCOPE OF SERVICES
July 14, 1998 PAGE A4
. August 1, 1998
Exhibit 'B"
P
C,
J
GFB- FRIEDRICH & ASSOC., INC.
1.
Principal
$
99.00 per hour
2.
Senior Registered Engineer
$
90.00 per hour
2a.
Registered Engineer
$
84.00 per hour
3.
Project Manager
$
78.00 per hour
4.
Drafter
$
63.00 per hour
4a.
Special Districts Analyst
$
63.00 per hour
5.
Designer
$
72.00 per hour
5b.
Field Inspector
$
53.00 per hour
6.
2 -Man Survey Party
$
145.00 per hour
7.
3 -Man Survey Party
$
192.00 per hour
8.
Survey Computer
$
70.00 per hour
9.
Clerical
$
37.00 per hour
10.
Engineering Aide
$
35.00 per hour
Subconsultants Subconsultant
Fee plus 10%
Blueprints, Reproduction
& Courier Service Vendor Costs
Job Travel $ 0.36 per mile
Delivery $ 20.00 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. The
above rates shall remain in effect throughout the term of this agreement, subject to
annual adjustment in accordance with the cost of living.
rates98.jaf
October 20, 1998
SCHEDULE OF HOURLY RATES
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GFB- FRIEDRICH*
& ASSOC., INC.
CONSULTING CIVIL ENGINEERS
October 20, 1998
Mr. Richard L. Hoffstadt
Development/Subdivision Engineer
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92659 -1768
ADDENDUM NO. 1
Subject: Addendum to Proposal to Provide Assessment Engineering Services for Proposed
Utilities Undergrounding Assessment District No. 70 (Bayshores, a private
community).
Dear Mr. Hoffstadt:
GFB - Friedrich & Assoc. (Consultant) is pleased to provide the following addendum to the subject
proposal dated July 14, 1998 to provide assessment engineering services. Recent undergrounding
assessment districts within the City of Newport Beach (City) have been taking two - to-three years
and sometimes longer to complete due to the slow response time of the Southern California Edison
and Pacific Bell staff design efforts. Therefore, in response to City's wish to estimate the total cost
of our assessment district services spread over these long periods of time, the Consultant is
responding with this proposal addendum to increase Consultant's fee budget for this purpose.
The reason for this budget increase is twofold; 1) to cover the probable hourly rate increases that
will be incurred during a long project time frame, and 2) to cover the cost of the repeated start /stop
cycles that inevitably occur during a long -term assessment district procedure such as this.
Because the exact amount of budget increase is impossible to predict, Consultant is suggesting that
an additional budget amount of ten percent (10%) of the total proposed amount of $22,450.00,
which equals $2,245.00, be added to the proposed budget for Assessment District No. 70
engineering services for a total amount of $24,695.00. The hourly rates presented in Exhibit "B"
shall remain in effect throughout the term of a future agreement subject to annual adjustment in
accordance with the cost of living.
The Scope of Services and all terms and conditions of Consultant's July 14, 1998 proposal shall
remain unchanged, with the exception of
1) the revised fee amount,
2) Line 1 of Task 9 of the Scope of Services which shall be revised to read "Prepare
Preliminary Engineer's Report in accordance with Proposition 218 which will include
the following: ......... and
6529 RIVERSIDE AVENUE " SUITE 230 " RIVERSIDE, CALIFORNIA 92506
(909) 781 -0811 9 FAX (909) 781 -8435
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Mr. Richard Hoffstadt
October 20, 1998
Page 2
3) the third and final sentence in the Note at the bottom of the page shall be revised to
read "The above rates shall remain in effect throughout the term of this agreement,
subject to annual adjustment in accordance with the cost of living. ";
and shall be so reflected in a subsequent Professional Services Agreement with City.
If there are any questions, please call.
Sincerely,
GFB- FRIEDRICH & ASSOC., INC. (Consultant)
ohn A. Friedrich, P.E.
President
attachment: Revised Exhibit "B"
JAF
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0 NOVEMBER 23, 1998
CITY COUNCIL AGENDA
ITEM NO. 7
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL'
+0V
FROM: PUBLIC WORKS DEPARTMENT,,_. ,., .,_, __
APPROVED
SUBJECT: UNDERGROUND UTILITIES IN BAY SHORES' (PROPOSED
UNDERGROUND ASSESSMENT DISTRICT NO. 70)
RECOMMENDATIONS: C. — 3'31
1. Authorize a Budget Amendment to appropriate $67,695.00 from the General Fund
to the Assessment District Fund, Assessment District No. 70 — Bay Shores,
Account No. 7401- C5200483.
2. Authorize the City Manager to execute a Professional Services Agreement with
GFB Friedrich & Associates in an amount not to exceed $24,695.00 for assessment
. engineering services.
DISCUSSION:
Owners of property located in Proposed Assessment District No. 70, have submitted petitions to
the City requesting formation of a special assessment District to underground overhead utilities.
The property owners have requested formation of the 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
60 percent of assessable area within the proposed District. The City has typically established 60
percent as a minimum in order to proceed with a formation of the District.
In anticipation that the District would move forward, staff prepared a Request for Proposals (RFP)
from GFB Friedrich & Associates to obtain assessment engineering services. GFB Friedrich &
Associates project team has negotiated a fee for services, not to exceed $24,695.00.
•
SUBJECT: UNDERGROUIAITILITIES IN BAY SHORES (PROPOSEWDERGROUND
ASSESSMENT DISTRICT NO. 70)
November 23, 1998
Page 2
The assessment engineering services to be provided by GFB Friedrich & Associates are detailed
in the attached Scope of Work and include, identifying, analyzing and determining the correct
apportionment of the costs and preparing the Assessment Engineers report. In addition, GFB
Friedrich & Associates will prepare the voting ballots, in accordance with the requirements of
Proposition 218. The ballots are weighed by "financial obligation ", (the amount of the property's
assessment). 'f less than 50 percent of the ballots returned are opposed to the District, the City
Council can authorize the levy of the assessment.
Compensation to GFB Friedrich & Associates for the above services will be based on the firm's
standard hourly rates, with an estimated maximum fee of $24,695.00. These costs will be
reimbursed to the City by the District if it is formed at the final public hearing, but will not be
recovered if the District is not formed.
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 $25,000.00 to Edison and $14,000.00 to
Pacific Bell. An additional $4,000.00 is being requested for outside services to expedite and
coordinate plan design through Edison and Pacific Bell. The utility and engineering costs will be
reimbursed to the City by the District if it is formed at the final Public Hearing, however, the funds will
not be recovered if the District is not formed. The City Council has previously authorized the
advancement of funds for other districts. These funds have been recovered upon formation of the
districts. •
Respectfully submitted,
Q�
Don Webb
Public Works Director
Richard L. Hoffstadt, P.E.
Development Engineer
Attachments: Exhibit "A ", Boundary Map of Proposed District
Exhibit "B ", Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT
for
Proposed Underground Assessment District No. 70
THIS AGREEMENT, entered into this day of
EXHIBIT "B"
, 1998, by and
between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to
as "City "), and GFB Friedrich & Associates 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 the 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 the Proposed Underground
Assessment District No. 70 ( Bayshores Private Community) upon the terms
and conditions contained in this Agreement.
C. The principal members of Consultant for purpose of this Project are John
Friedrich and George Wells.
D. City has solicited and received a proposal from Consultant, has reviewed
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. the previous experience and evaluated the expertise of Consultant and
desires to contract with Consultant under the terms of conditions provided in
this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the 15th day of October 1998, and
shall terminate on the 30th day of June, 2001, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
0 attached hereto as Exhibit "A" attached and incorporated herein by reference.
i
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" and Addendum No. 1
attached hereto and incorporated herein by reference. No rate changes shall be made
during the term of this Agreement without prior written approval of the Project
Administrator. Consultant's compensation for all work performed in accordance with this
Agreement shall not exceed the total contract price of twenty four thousand six hundred
ninety five dollars ($24,695.00).
3.1 Consultant shall maintain accounting records of its billings which includes
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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 p- inting, postage and mileage.
3.2 Consultant shall not receive any compensation for extra work without prior
written authorization of the Project Administrator. Any authorized compensation shall be
paid in accordance with the schedule of the billing rates as set forth in Exhibit "B" and
Addendum Vo. 1.
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
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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
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,
0 qualifications and approvals required of its profession. Consultant further represents and
warrants that it shall keep in effect all such licenses, permits and other approvals during
the term of this Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's work promptly, or delay or faulty performance by City,
contractors, or governmental agencies, or any other delays beyond Consultant's control
or without Consultant's fault.
5. INDEPENDENT PARTIES
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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 S
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
Consultant shall assign the Project to a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Project term. Consultant has designated John Friedrich to be its Project
Manager. Consultant shall not bill any personnel to the Project other than those
personnel identified in Exhibit "B ", whether or not considered to be key personnel, without
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. City's prior written approval by name and specific hourly billing rate. Consultant shall not
remove or reassign any personnel designated in this Section or assign any new or
replacement person to the Project without the prior written consent of City. City's
approval shall not be unreasonably withheld with respect to removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of the City
Engineer. Consultant warrants it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
. and the services shall be performed by Consultant in accordance with the schedule
•
specified in Exhibit "A ". Consultant shall receive no additional compensation if completion
of its extension under this Agreement requires a time greater than as set forth herein,
unless such extension is caused solely by the conduct of the City. Consultant shall not
be responsible for delays which are due to causes beyond Consultant's reasonable
control. However, in the case of any such delay in the services to be provided for the
Project, each party hereby agrees to provide notice to the other party so that all delays
can be addressed.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order to .
ensure that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subject to approval of the Project
Administrator and City Council.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or
are desired.
12. HOLD HARMLESS 0
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 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 miusconduct of City, it's officers or employees, and shall include
attorneys' fees and all other costs incurred in defending any such claim. Nothing in this
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indemnity shall be construed as authorizing, any award of attorneys' fees in any action on
or to enforce the terms of this Agreement.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement of
work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must be
filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, agents, representatives and
. employees as additional insured for all liability arising from Consultant's services as
•
described herein.
All insurance policies shall be issued by an insurance company certified to do
business in the State of California, with original endorsements, with Best's A VII or better
carriers, unless otherwise approved by the City Risk Manager.
A. Worker's compensation insurance covering all employees and principals of
Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury
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and property damage. If commercial general liability insurance or other
form with a general aggregate is used, either the general aggregate shall
apply separately to this Project, or the general aggregate limit shall be twice
the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
D. Professional errors and omissions insurance which covers the services to
be performed in connection with this Agreement in the minimum amount of
one million Dollars ($ 1,000,000.00).
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give to City prompt and timely notice of claim made or
suit instituted arising out of Consultant's operation hereunder. Consultant shall also
procure and maintain, at its own cost and expense, any additional kinds of insurance,
which in its own judgment may be necessary for its proper protection and prosecution of
the work.
Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide 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
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insurance to either Consultant or City with respect to the services of Consultant herein, a
waiver of any right of subrogation which any such insurer of said Consultant may acquire
against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any of the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Consultant is a partnership or joint-venture or
syndicate or cotenancy, which shall result in changing the control of Consultant, shall be
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 orjoint- 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
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City or othE!rs 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 wising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived as against Consultant and City
assumes full responsibility for such changes unless City has given Consultant prior notice
and has received from Consultant written consent for such changes.
Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
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.
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• B. Provide blueprinting, CADD plotting, copying and other services through
City's reproduction company for each of the required submittals. Consultant
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will be required to coordinate the required submittals with City's
reproduction company. All other reproduction will be the responsibility of
Consultant and as defined above.
C. City staff will provide usable life of facilities criteria and provide information
with regards to deficient facilities.
D. City will prepare and provide to Consultant street base digital file in
AutoCAD (DXF) compatible format.
18. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Dick
Hoffstadt 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
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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. i
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 the Project.
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23. CONFLICTS OF INTEREST
A. The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
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
Mof this Section.
24. SUBCONSULTANT AND ASSIGNMENT
A. Except as specifically authorized under this Agreement, the services
included in this Agreement shall not be assigned, transferred, contracted or
subcontracted without prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
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,
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postage prepaid, first class mail, addressed as hereinafter provided. is
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
GFB Friedrich & Associates
6529 Riverside Avenue, Suite 230
Riverside, CA 92506 .
(909) 781 -0811
Fax (909) 781 -8435
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
(2) days after receipt by defaulting party from the other party of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
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• nondefaulting party may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant as
Provided herein. Upon termination of this Agreement, City shall pay to the Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
28. WAIVER
. A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein whether of the same or a
different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
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APPROVED AS TO FORM:
By:
Robin Clauson
Assistant City Attorney
City of Newport Beach
ads a70\Profsm- agt- Fnednch
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CITY OF NEWPORT BEACH
A Municipal Corporation
Don Webb
Public Works Director
GFB Friedrich & Associates
CONSULTANT
By: �Z1111W,,Z11 14
John Frie rich
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Exhibit "A"
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Utility Undergrounding Assessment District No. 70
(Bayshores, a private community)
The ENGINEER shall provide the following Scope of Services, commencing at the point at which
sufficient petitions requesting the formation of Utility Undergrounding Assessment District No.
70 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.
1. In conjunction with City staff, determine proposed assessment district boundary.
2. Obtain and utilize Orange County Assessor 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 Number, 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 any other pertinent and /or
required information.
4. Based on petitions received, determine whether sufficient valid protests exist to proceed
with the assessment district formation, or whether additional petition- gathering efforts are
needed.
5. Upon determination that sufficient valid petitions in favor of the district exist to proceed
with the formation of the assessment district, execute Certificate of Sufficiency of Petition.
6. Assist bond attorney and City staff in establishing a project schedule.
7. Attend utility coordination meetings on an as- needed basis. Coordinate between City and
property owners as required (assume 3 meetings).
8. Prepare Boundary Map of assessment district.
nuptbhMpm
July 14, 1998
THIS AREA INTENTIONALLY LEFT BLANK.
SCOPE OF SERVICES
PAGE A -1
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9. 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)
Certificate of Completion (executed by Director of Public Works).
10. Attend property owner information meeting to discuss preliminary assessments.
11. File Preliminary Engineer's Report with Superintendent of Streets.
12. 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.
13. Prepare boundary map for recordation at Orange County Recorder's Office.
14. Print and mail Resolution of Intention, preliminary assessment amount, assessment ballot,
and time and place for a Public Hearing to each assessed property owner of record, as
required by 1913 Act proceedings and Proposition 218 requirements (content of notice will
be provided by bond counsel). Prepare written declaration that this has been done.
15. 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.
16. File Amended/Confirmed Engineer's Report with the Superintendent of Streets.
17. Attend property owner information meeting to discuss confirmed assessments.
18. Attend City Council Meeting at which Public Hearing is conducted and make presentation
as required.
19. Count assessment ballots received and enter the results, by financial obligation, to
determine the percentage protest. The assessment ballots are weighed by "financial
obligation" or by the amount of the property's assessment. All assessment ballots must be
received by the City Clerk prior to the close of the Public Hearing.
nuptbhMpro SCOPE OF SERVICES
October 20. 1998 PAGE A -2
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9 20. Make revisions to Engineer's Report as ordered by the City Council.
21. 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.
22. Prepare Assessment Diagram, Notice of Assessment and list of assessed property owner
names for recordation at Orange County Recorder's Office.
23. Review Preliminary and Final Official Statements.
24. Staff meetings, project administration, and coordination with City staff, property owners,
bond counsel, financial advisor, bond underwriter, appraiser, and other project consultants
(assume 3 staff meetings in addition to the meetings described above). This item shall
include answering questions and providing information to property owners, project
proponents, community association representa tives, etc.
The following items of work are = included within the above Scope of Services:
I. Right -of -way services.
2. Post - public hearing services (except as noted) including paid/unpaid list, debt service
(amortization) schedules and placing assessments on tax roll.
3. Property valuation and tax delinquency information.
4. Advertising of notices in newspaper.
5. Preparation of improvement plans, specifications and bid documents.
In preparing the above Scope of Services, we have assumed that the following services,
information and /or fees will be supplied by the City or other consultants.
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 for property owner mailings.
nuptWO.pro SCOPE OF SERVICES
July 14, 1998 PAGE A -3
E
s
0
4. Posting notices on property.
5. Right -of -entry onto private property, as required.
6. Other consultants (including property appraiser) whose services are required to complete
the assessment district formations.
7. Preparation of Certificate of Sufficiency of Petition.
8. Preparation and execution of Notice of Exemption.
9. Recordation of maps and Notice of Assessment at Orange County Recorder's Office.
END
0
nuplbhMpro SCOPE OF SERVICES
July 14. 1998 PAGE A4
•
August 1, 1998
Exhibit "B"
GFB- FRIEDRICH & ASSOC., INC.
1.
Principal
$
99.00 per hour
2.
Senior Registered Engineer
$
90.00 per hour
2a.
Registered Engineer
$
84.00 per hour
3.
Project Manager
$
78.00 per hour
4.
Drafter
$
63.00 per hour
4a.
Special Districts Analyst
$
63.00 per hour
5.
Designer
$
72.00 per hour
5b.
Field Inspector
$
53.00 per hour
6.
2 -Man Survey Party
$
145.00 per hour
7.
3 -Man Survey Party
$
192.00 per hour
8.
Survey Computer
$
70.00 per hour
9.
Clerical
$
37.00 per hour
10.
Engineering Aide
$
35.00 per hour
Subconsultants
Subconsultant
Fee plus 10%
Blueprints, Reproduction
& Courier Service
Vendor Costs
Job Travel $ 0.36 per mile
Delivery $ 20.00 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. The
above rates shall remain in effect throughout the term of this agreement, subject to
annual adjustment in accordance with the cost of living.
rafes98Jaf
WOW 20, 1898
SCHEDULE OF HOURLY RATES
PAGE &1
ADDENDUM N0.
GFB- FRIEDRI(S
& ASSOC., INC.
CONSULTING CIVIL ENGINEERS
October 20, 1998
Mr. Richard L. Hoffstadt
Developrnent/Subdivision Engineer
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92659 -1768
Subject: Addendum to Proposal to Provide Assessment Engineering Services for Proposed
Utilities Undergrounding Assessment District No. 70 (Bayshores, a private
community).
Dear Mr. Hoffstadt:
GFB- Friedrich & Assoc. (Consultant) is pleased to provide the following addendum to the subject
proposal dated July 14, 1998 to provide assessment engineering services. Recent undergrounding
assessment districts within the City of Newport Beach (City) have been taking two - to-three years
and sometimes longer to complete due to the slow response time of the Southern California Edison
and Pacific Bell staff design efforts. Therefore, in response to City's wish to estimate the total cost
of our assessment district services spread over these long periods of time, the Consultant is
responding with this proposal addendum to increase Consultant's fee budget for this purpose.
The reason for this budget increase is twofold; 1) to cover the probable hourly rate increases that
will be incurred during a long project time frame, and 2) to cover the cost of the repeated start/stop
cycles that inevitably occur during a long -term assessment district procedure such as this.
Because the exact amount of budget increase is impossible to predict, Consultant is suggesting that
an additional budget amount of ten percent (10 %) of the total proposed amount of $22,450.00,
which equals $2,245.00, be added to the proposed budget for Assessment District No. 70
engineering services for a total amount of $24,695.00. The hourly rates presented in Exhibit "B"
shall remain in effect throughout the term of a future agreement subject to annual adjustment in
accordance with the cost of living.
The Scope of Services and all terms and conditions of Consultant's July 14, 1998 proposal shall
remain unchanged, with the exception of
1) the revised fee amount,
2) Line 1 of Task 9 of the Scope of Services which shall be revised to read "Prepare
Preliminary Engineer's Report in accordance with Proposition 218 which will include
the following: ......... and 0
6529 RIVERSIDE AVENUE " SUITE 230 " RIVERSIDE, CALIFORNIA 92506
1909) 781 -0811 • FAX (909) 781 -8435
0
Mr. Richard Hoffstadt
October 20, 1998
is Page 2
0
3) the third and final sentence in the Note at the bottom of the page shall be revised to
read "The above rates shall remain in effect throughout the term of this agreement,
subject to annual adjustment in accordance with the cost of living. ";
and shall be so reflected in a subsequent Professional Services Agreement with City.
If there are any questions, please call.
Sincerely,
GFB- FRIEDRICH & ASSOC., INC. (Consultant)
/ 41 U(
ohn A. Friedrich, P.E.
President
• attachment: Revised Exhibit "B"
JAF
•
C*UDGET of Newport Beach •
AMENDMENT
1998 -99 AMOUNT: ss7,ses.00
Increase in Budgetary Fund Balance .
Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
NO. BA- 021
F =CT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Budget Appropriations AND
Transfer Budget Appropriations
X
EXPLANATION:
from existing budget appropriations
from additional estimated revenues
from unappropriated fund balance
I
This budget amendment is requested to provide for the following:
To appropriate $67,695 to Assessment District No. 70 for installing underground utilities at Bay Shores.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
Assessment Dist. Fund 400 3605 Fund Balance Control
REVENUE APPROPRIATIONS (3601)
Fund /Divisipo Account
EXPENDITURE APPROPRIATIONS (3603)
Descri
Signed: �-
Financ�pproval: Finance
Signed: //7 rt0 _ _ le `
S' d:
City Council Approval: City Clerk
Amount
Debit Credit
$67,695.00
Automatic
$67,695.00
t7 7
Date
// —/7— 9)'
Date
Date
,e
Description
Division
Number
7401 Assessment District Capital Projects
Account
Number
C5200483 Assessment District No. 70
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed: �-
Financ�pproval: Finance
Signed: //7 rt0 _ _ le `
S' d:
City Council Approval: City Clerk
Amount
Debit Credit
$67,695.00
Automatic
$67,695.00
t7 7
Date
// —/7— 9)'
Date
Date
,e
C' of Newport Beach
BUDGET AMENDMENT
1998 -99
F -CT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Budget Appropriations AND
❑ Transfer Budget Appropriations
from existing budget appropriations
from additional estimated revenues
X from unappropriated fund balance
EXPLANATION:
NO. BA- 021
AMOUNT: $67,695.00
Increase in Budgetary Fund Balance
X Decrease in Budgetary Fund Balance
No effect on Budgeta y.FundBalance
C.
J i
This budget amendment is requested to provide for the following:
To appropriate $67,695 to Assessment District No. 70 for installing underground utilities at Bay Shores.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Accoun
Assessment Dist. Fund 400 3605
REVENUE APPROPRIATIONS (3601)
FuodlDivision Accouns
EXPENDITURE APPROPRIATIONS (3603)
Description
Fund Balance Control
Description
Signed: C.
Signed:
City Council Approval: City Clerk
Amount
Debit Credit
$67,695.00 `
Automatic
S67,695.00
Date
Date
� 3 �t
Date
Description
Division
Number
7401 Assessment District Capital Projects
Account
Number
C5200483 Assessment District No. 70
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed: C.
Signed:
City Council Approval: City Clerk
Amount
Debit Credit
$67,695.00 `
Automatic
S67,695.00
Date
Date
� 3 �t
Date