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HomeMy WebLinkAboutC-3261 - PSA for Proposed Underground Assessment District 86AC PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Diversified Risk Ins. Brokers HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 5900 Christie Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Emeryville, CA 94608 COMPANIES AFFORDING COVERAGE (510)547-3203 License #0529776 COMPANY A Continental Casualty Company INSURED Harris & Associates, Inc. COMPANY B Attn: Angie Giles 120 Mason Circle COMPANY C Concord, CA 94520-1238 COMPANY CSR! D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION! GENERAL LIABILITY GENERAL AGGREGATE $ PRODUCTS - COMPIOP AGG $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any Dne fire) $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ BODILY INJURY S ALL OWNED AUTOS BODILY INJURY $ HIREDAUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT S AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND I WCSTATU-7770TH- EL EACH ACCIDENT $ EL DISEASE - EA EMPLOYEE $ OFFICERS ARE: EXCL A OTHER PROFESSIONAL AEE11382250100 08101/00 08/0vol $2,000,000 Per Claim LLABILITY $2,000,000 Aggregate DESCRIPTION OF OPERATIONWLOCATIONEVVEHICLESISPECIAL ITEMS Re: Professional Management Services for Balboa Village C-333 ** and employees. All operations of the Named Insured including but not limited to any SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach, its elected officials, officers Attn: City Clerk PO Box 1768 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL �XID MAIL _3ft_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Newport Beach, Ca 92658 AUTHORIZED REPPESENTATIVE A RDn » a izus25 m sFe 0DATE 5/24/2001) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Diversified Risk Ins. Brokers HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 5900 Christie Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Emeryville, CA 94608 COMPANIES AFFORDING COVERAGE (510)547 -3203 License #0529776 COMPANY A Royal Insurance Company INSURED Harris & Associates, Inc. COMPANY B Indemnity Ins Co of North Amer Attn: Angie Giles 120 Mason Circle COMPANY C Alaska National Concord, CA 94520 -1238 CSR COMPANY D (y. y. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDNY) POLICY EXPIRATION DATE (MWDDJYY) LIMITS A 1 GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY PSVOI0049 08/01/00 08/01/01 GENERAL AGGREGATE S 2,000.00 X PRODUCTS. COMP /OP AGG $ 2000 ON CLAIMS MADE a OCCUR PERSONAL & ADV INJURY $ 1 000 000 OWNER'S & CONTRACTOR'S PROT WAIVER OF SUBRO ATION INC ED EACH OCCURRENCE S ] OOO 000 X FIRE DAMAGE (Any one lire) S 100 000 Per Prot GenABe X "X'. '.C" "U" MED EXP An one person) S 5 000 A AUTOMOBILE LIABILITY ANY AUTO PST086796 OW01/00 08/01/01 COMBINED SINGLE LIMIT S 1000,000 X I BODILY INJURY (Per Person) S ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per a�citlenl) $ HIRED AUTOS NON -OWNED AUTOS WAIVER OF SUBRO ATION INCLUDED X PROPERTY DAMAGE S AGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY: ANY AUTO I EACH ACCIDENT S AGGREGATE S B UMBRELLA FORM [EXCESS LIABILITY 620127041 08/01/00 08/01/01 EACH OCCURRENCE S 3 000,000 AGGREGATE $ 3,000,000 $ OTHER THAN UMBRELLA FORM C WORKERS COMPENSATION AND EMPLOVERS•LIAI LITV THE PROPRIETOR/ X INCL PARTNERS /EXECUTIVE OIDWS40007 WAIVER OF SUBRC 04/01/01 GATION INCLUDED 04/01/02 X WCSTATU- OTH LIM EL EACH ACCIDENT $ 1000 000 EL DISEASE - POLICY LIMIT S 1000000 EL DISEASE - EA EMPLOYEE S 1,000,000 OFFICERS ARE EXCL OTHER I DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLESSPECIAL ITEMS Re: Professional Management Services for Balboa Village C -333 ** and employees. CfTfft4'Al%kiJutBetfi £ a3aa SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach, its EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL BXD MAIL elected officials, officers ** Attn: City Clerk PO Box 1768 _3A)_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. °ra oxxXe&mcx�sloaoo�si°xrc ®� ®x®mcm>a�cueminc Newport Beach, Ca. 92658 eXxyalrxx9Naxx a aTxecx�xxyB xX�reocaexn� AUTHORED REP S j TATIVE 068191. a:'5<o. L>.o ren,. 0 0 POLICY #: PST086796 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi -fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds' under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: 05/24/01 Named Insured: Harris and Associates Inc. �4 (Authorized Representative) SCHEDULE ie of Person(s) or Organization(s): City of Newport Beach, its elected officials, officers and employees Attn: City Clerk PO Box 1768 Newport Beach, Ca. 92658 RE: Professional Management Services for Balboa Village C -3333 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. Subject to all other terms and provisions of the policy, such insurance as provided by this endorsement shall be deemed primary, but only with respect to work performed by or for the named insured in connection with the above described contract. Any other insurance maintained by the Additional Insured(s) shall be excess and non- contributory. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 POLICY #: PSVO10049 • CWERCIAL GENERAL LIABILITY INSURED: Harris and Associates Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (Form B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Newport Beach, its elected officials, officers and employees Attn: City Clerk PO Box 1768 Newport Beach, Ca. 92658 RE: Professional Management Services for Balboa Village C -3333 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Subject to all other terms and provisions of the policy, such insurance as provided by this endorsement shall be deemed primary, but only with respect to work performed by or for the named insured in connection with the above described contract. Any other insurance maintained by the Additional Insured(s) shall be excess and non - contributory. CG 20 10 11 85 HP OfficeJet Fax Log Report Personal Printer /Fax/Copier May -24 -01 10:14 AM Identification Result Pages Tvce ate Time Duration Diagnostic 19496553995 OK 06 Sent May -24 10:10A 00:03:08 002482030022 ,.].0 2.9 PROFESSIONAL SERVICES AGREEMENT for Proposed Underground Assessment District No. 86 T// THIS AGREEMENT, entered into this 9 — day of 402e,41 , 1999, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and Harris & Associates, Inc., whose address is 34 Executive Park, Suite 150, Irvine, California 92614 -4705 (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the 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 Proposed Underground Assessment District No. 86 (the alley bounded by Ocean Boulevard and Ocean Front and "G" Street and Channel Road) upon the terms and conditions contained in this Agreement. C. The principal members of Consultant for purpose of this Project are Joan E. Cox, P.E. and Jeffrey M. Cooper, P.E. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant and -1- • 0 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 td 7�/ day of ? ? -?�;! 1999, and shall terminate on the -� O day of c, Vii, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" attached and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section, and the scheduled billing rates set forth in Exhibit 'B ", attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of the Project Administrator. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of twenty five thousand five hundred fifty dollars ($25,550.00). Consultant shall submit monthly invoices for services provided during the previous month, and City shall pay undisputed invoices within 30 days of receipt of invoices. 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, -2- 0 0 computer printing, 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", 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 five percent (5 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's -3- supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms -4- 0 0 of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 7. PROJECT MANAGER Consultant shall assign the Project to a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Project term. Consultant has designated Joan E. Cox, P.E., to be its Project Manager. Consultant shall not bill any personnel to the Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of the City Engineer. Consultant warrants it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. -5- 0 8. TIME OF PERFORMANCE 0 Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule specified in Exhibit "A ". Consultant shall receive no additional compensation if completion of its services under this Agreement requires a time greater than as set forth herein, unless such extension is caused solely by the conduct of the City. Consultant shall not be responsible for delays which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 9. CITY POLICY 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. 0 0 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, it's officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attomeys' 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. 7- 0 0 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 $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of one million Dollars ($ 1,000,000.00). 0 0 Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide commercial general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing commercial general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be ME i • construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 0 0 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. D. City will prepare and provide to Consultant street base digital file in AutoCAD (DXF) compatible format. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Richard L. Hoffstadt, P.E. shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered ii- 0 0 pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the -12- 0 0 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. 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 13- Ll 0 shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3311 (949) 644 -3318 FAX All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Joan E. Cox, P.E. Harris & Associates 34 Executive Park, Suite 150 Irvine, CA 92614 -4705 (949) 655 -3900 (949) 655 -3995 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the 14- 0 0 nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to the Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all applicable laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. -15. 0 0 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. PATENT INDEMNITY The Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH A Municipal Corporati By: By: (/, DWI Rob' [n Clauson Don ebb Assistant City Attorney Public Works Director City of Newport Beach F: \us ers\pbwAsha red\district\ad86\ag mt -hams -16- HARRIS & ASSOCIATES CONSULTANT By: Assessment Engineering4pervices • EXHIBIT "A" Proposed Assessment District No. 86 Scope of Services SCOPE OF SERVICES The following is the scope of services, as outlined in the City's Request for Proposal, dated December 9, 1998. Phase 2 will not commence until the City has received sufficient petitions (60 percent). Phase 1 - Petition Confirmation 1. In conjunction with the City staff, determine proposed assessment district boundary. 2. Obtain and utilize the Orange County Assessor property owner information to create a property owner data base that will be used for required mailings and assessment apportionment. 3. Prepare spread sheet showing Assessment Number, Assessor's Parcel Number, area of each lot in acres, area signing petition, front footage, owner, address of property, mailing addresses and any other pertinent and /or required information. 4. Based on petitions received, recommend whether to proceed with the assessment district formation or whether additional petition gathering efforts are needed. 5. Upon determination that sufficient valid petitions exist to proceed with the formation of the assessment district, execute Certificate of Sufficiency of Petition. Phase 2 - Engineer's Report and Formation Proceedings 6. Assist Bond Counsel and City Staff in establishing a project schedule. 7. Attend utility coordination meetings on an as- needed basis. Coordinate between City and property owners as required (assume three meetings). 8. Prepare Boundary Map of assessment district. 9. Prepare draft Preliminary Engineer's Report in accordance with Proposition 218, to include the following: • 1931 Act information and tables • Plans and specifications (by reference) • Description of works of improvements • Preliminary estimate of costs • Assessment Diagram • Method of assessment apportionment • Assessment roll with preliminary assessments • Right -of -Way Certificate (executed by Superintendent of Streets • Certificate of Completion (executed by Director of Public Works) 10. Prepare preliminary assessment Engineer's Report, including apportionment and method of assessment distribution. +�i�2\DATAWPBV.D86\exh A do Page A -1 Harris B Assaciales Assessment Engineerinpervices EXHIBIT "A" Proposed Assessment District No. 86 Scope of Services 11. Attend property owner information meetings to discuss preliminary assessments and confirmed assessments (assume three meetings). 12. Attend City Council meetings at which Resolution of Intention and Preliminary Engineer's Report are considered, and Public Hearings are set and conducted (assume two meetings). 13. File Preliminary Engineer's Report with Superintendent of Streets. 14. Prepare Boundary Map for recordation and record. 15. Prepare for mailing Resolution of Intention, preliminary assessment amount, assessment ballots property owner information meeting and Public Hearing notices to each assessed property owner of record, as required by the Municipal Improvement Act of 1913, Brown Act Requirements, and Proposition 218 (content of notice will be provided by bond counsel). Prepare written declaration that this task has been completed. (City will be responsible for postage costs.) 16. Prepare Confirmed Engineer's Report in which the confirmed assessment apportionment is based on final approved estimate of fees to be financed, including incidental and financing costs. 17. Prepare and file Confirmed Engineer's Report with the Superintendent of Streets. 18. Tabulate assessment ballots and present results in accordance with financial obligation. Assessment ballots must be received by the City Clerk prior to the close of the Public Hearing. 19. Participate in meetings with City staff, project administration and coordination with City staff, property owners, bond counsel, financial advisor, bond underwriter, appraiser, and other project consultants (assume three meetings in addition to the meetings described above). Phase 3 - Assessment Confirmation and Bond Sale 20. Prepare confirmed assessment apportionment and Notice of Assessment to each property owner of record within the assessment district. Prepare written declaration that this task has been completed. (City will be responsible for postage costs.) 21. Prepare Notice of Assessment and Assessment Diagram for recordation and record. 22. Review Preliminary and Final Official Statements. Exclusions The following items of work are excluded from the Scope of Services: A. Right -of -way services. B. Post - Public Hearing Services (except as noted), including compilation of paid /unpaid list, debt service (amortization) schedules and placement of assessments on tax roll. C. Property valuation and tax delinquency information. \ \LA2\DATAWPB\AD86 \exh A.dM Page A -2 Harris & Associates Assessment Engineering 'Pervices EXHIBIT "A" Proposed Assessment District No. 86 Scope of Services D. Advertising of notices in newspaper. E. Preparation of improvement plans, specifications, and bid documents Services and Information to be Provided By Others The following information will be provided by the City or others: A. Posting of Notices and Construction Inspection. B. Postage, letterhead and envelopes for property owner mailings. C. Fiscal administration. D. Rights -of -entry onto private property, as required. E. Current maps, records, plans, etc., that pertain to this project will be provided by the Public Works Department and /or utility companies, as appropriate. F. Preparation and execution of Notice of Exemption (environment documents, etc.) G Utility construction cost estimates provided by respective utility companies. H. Preparation of Certificate of Sufficiency provided by Bond Counsel. Schedule The following schedule is an estimated timeline of project tasks. Task Est. Date Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Notice to Proceed early Feb -99 Define Proposed District Boundary late Feb -99 Research and Prepare Spreadsheet mid Mar -99 Report and Certify Petition Sufficiency late Mar -99 Utility Design Process by end Sep -99 Prepare Boundary Map & Asmt Diagram mid Aug -99 Prepare 1st Draft Prel. Engineer's Report late Aug -99 Review Comments with Project Team early Sep -99 Prepare 2nd Draft Prel. Engineer's Report late Sep -99 Review Comments with Project Team early Oct -99 Submit Prel. Engineer's Report by 18- Oct -99 Resolution of Intention 25- Oct -99 Notice /Ballot Production and Mailing by 28- Oct -99 45 Day Noticing Period thru 12- Dec -99 Property Owner Information Meeting mid Nov -99 Submit Final Engineer's Report by 6- Dec -99 Tabulate Ballots thru 13- Dec -99 Public Hearing 13- Dec -99 Notice of Asmt Production and Mailing mid Dec -99 30 Day Cash Collection Period thru mid Jan -99 _ Compilation of Paid /Unpaid List late Jan -99 \\LA20ATAINPUADMexh_A doc Page A -3 Harris & Assudales Assessment EngineerinArvices Proposed Assessment District No. 86 FEE SCHEDULE • EXHIBIT `B" Fee Schedule The following fees have been based on the Scope of Services provided in Exhibit "A ": Phase 1 - Petition Sufficiency 1 Determine District Boundary Project Manager ..... ............................... $1,350 2 Research County Information Financial Analyst ...... ............................... $400 3 ... __ Prepare- ._._._. .._._..._. repare Spreadsheet Clerical Staff ............. ............................... $250 4 -- l . - - Petition Analysis - - ..-- $800 5 Certificate of Sufficiency $350 Phase 1 Maximum Fee = $3,150 lump sum Phase 2 - Engineer's Report and Formation Proceedings 6 Establish Schedule $300 7 Utility Coordination Meetings (3 mtgs) 3 @ $450 /mtg lump sum $1,350 max. 8 Prepare Boundary Map and Assessment Diagram $3,000 9 Prepare draft Preliminary Engineer's Report $6,550 10 Prepare Preliminary Engineer's Report $1,200 11 Property Owner Meetings (3 mtgs) 3 @ $450 /mlg lump sum $1,350 max. 12 Council Mtgs - Rol and Public Hearing (2 mtgs) 2 @ $450 /mlg lump sum $900 max. 13 File Prel. Engineer's Rpt with Super. of Streets $150 14 Prepare Boundary Map for Recordation and Record $250 15 Prepare Notices of Formation and Ballots $1,600 16 Prepare Amended/Confirmed Engineers Report $1,200 17 File Conf. Engineers Rpt with Super. of Streets $150 18 Project Team Meetings and Coordination (3 mtgs) 3_ @ $450 /mtg lump sum $1,350 max. 19 _ Tabulate Assessment Ballots $650 Phase 2 Maximum Fee = $20,000 max. Phase 3 - Assessment Confirmation and Bond Sale 20 Prepare Notices of Confirmed Assessment $1,600 21 Prepare and Record Notice and Diagram $250 22 Review POS and OS $550 Phase 3 Maximum Fee = $2,400 lump sum Total Maximum Fee = $25,550 max. These fees are based on the assumption that the Assessment District will be formed prior to December of 2000. SCHEDULE OF HOURLY RATES * Project Director ...... ............................... $190 / hour Project Manager ..... ............................... $140 / hour Senior Financial Analyst ........................ $115 / hour Financial Analyst ...... ............................... $65 / hour Sr. Drafting Technician ............................ $75 / hour Clerical Staff ............. ............................... $45 / hour * Hourly rates includ most direct costs such as vehicle usage and mileage, equipment usage (including computers), and printing and copying. 1 \LA2 \DATA\NPWADWezh B.doc Page B -1 Harris & Associates DATE (MMoDUMT) I o Q4/12i99 ' , PRWLX:ER THIS CERT111CATE IS ISSUED AS-A MATTER OF INFORMATION Diversified Risk Ins. Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 13M Stanford Avenue , ,' ALTER THE COVERAGE AFFORDED 8Y THE POLICIES BELOW, Suite 100 COMPANIES AFFORDING_ COVERAGE Emeryville, CA 94608 U FZhY_ A Royal{& SunAlliancC (S7(b5d7.3203�Licerue N0529776 wsUREO OMPANY i - Harris and Associates, Inc- ti Inde nity Ins Co of North Amer I'! Attn: Holly Lauritsen f'. TIC 220 Mason Circle OMPANY HIII America Concord, CA 94520 ANY COMPANY DC I D RTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD TWITHSTANDING ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS AY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. 7EXCLUSIONS ND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. F INSURANCE POLICY NUMBER I POLICY EFFECTIVE POLICY EXPIRAT1bN LMO$ DATE (WWDD/ ) DATE IMA&v V ) A LIABILDY GENERAL — ! rsv010049 (s/o1/98 08 ov99 GENERAL 4GGREG ATE 5 Z 000 Q(1Q X COMMERCIAL GENERAL LIABILITY ! PRDIX/CTS COMP/OP AOG 9 2 OLIO wo CI-AIMS MADE OCCUR -• PERSONAL A ADV SN,UFY OV4NER S LGONTRACTOFi'6 PROT I EACH OCCURRENCE S 1.000.000 {FIRE WMAGE (Any ww Inpl rL 5( 000 X _POE PTOIeCE Ae,£ MED EXP Urry ore ttnonl S 5 I "X'• "U" I A AUTOMOBILE LIABILITY ; PST0867% I CGMgIN(D SINGLE L1M1T ! 5 ],(UO,ODO , 08/01/98 1 08/01/99 `X AN AUTO ALL CWNED AUTOS I 1900-lY INJURY I L ,f IPa Pervon) SCHEDULED AUTOS l INSURANCE WPPROYEB { HIRED AUTOS X NDN-OWNED AUTOS , a) atCMenIjRY L _..1 . --�__� _ I��)--- •(��±v((�---- I DATE I PROP RTY DAMAGE :9 ISK M IJADLITY ;-GTO ONLY EA AC (DENT 6 _OAAAGE ANY AUTO 'I OTHER T,AN AUTO ONLY, —� EACH ACCIDENT L I I A66REW Tt . S EXCESS LIABILITY $ - XLXG19499583 ? EACN OCCURRENCE , ^. S 3,�OQ,000 08/01/98 08/01/99 -- O I`J U16RELU TORM { AGGAEG ATE S 3,000.000 X OT1ER THAN UTARRELIA FORM !S WOR�RS COMRENSATION AND C 0000879002 ? OS/OV98 WC STATV X T 08/01/99 MPLOrER9 wet m I j I E: EACH ACCIOENT �s ],o00,o00 TIE PROPRIETOR/ X "CC I ELOISEASE POLICYLIMIT !i 1.000o00 PARn1Eq$lEXECUTNE OFFICEI;S ARE I ESCL � ! Q O OTHER 1999 DES'CRNTXY/OF OPEBATIONOILOCAnonsAYEHICLEB�TAl ITE66 •. * its Council, boards & commissions, its elected officials, officers, `� -- agents, representatives and employees Re: Engineer's Report/Assessment Engineering Services - Proposed Under - SHOULD ANY OT THE ABOVE DESCRIBED POUCIE9 BE CANCEUED BEFORE THE ) City of Newport Beach, 1 ')U Newport � 3300 Newport Blvd. el 1 d / EAPIHATION DATE THEREOF. THE 199UING COMPANY WILL �> MAIL �(! DAYS WRITTEN NOTICE TO THE CERTIFICATE nbI DEN NAMED TO THE LEY. Newport Beach. CA 92658-8915 , 'TOwa�nm>�mmlu�wmucXTF.ema: ��II�✓ . uh�tu® LTnX. a�aliwaoTRe ocJgowll}>Iru zoRX.i1BrS�fe� V AUTHORREDREPRE9ENTATI - ^� 91 068191 DG INSURED: Harris and Associates, Inc. DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLESJSPECIAL ITEMS - (Continued): ground Assessment District No. 86 (Harris project #9820951.01) 0 0 Royal Insurance THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED Insured: Harris and Associates, Inc, Policy #: PST086796 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM The following is added to WHO 13 INSURED: The person or organization named below is an Insured but only for bodily injury or property damage resulting from the ownership, maintenance or use of a covered auto by: 1. you; 2. an employee of yours; or 3. anyone other than the person or organization named below, while using, with your or your employee's permission, a covered auto. PERSON OR ORGANIZATION: City of Newport Beach, its Council, boards S commissions, its elected officials, officers, agents, representatives and employees Re: Engineer's ReportlAssessment Engineering Services Proposed Underground Assessment District No. 86 (Harris project #9820951.01) INSURANCE DATE RISK MANAGER / AC0035 1092 .'t'1 THIS ENDORAENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY - ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS [Form B] This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Newport Beach, 3300 Newport Blvd. Newport Beach, CA 92658-8915 (It no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. ' its Council, boards $ commissions, its elected officials, officers, agents, representatives and employees Re: Engineer's ReporVAssessment Engineering Services - Proposed Under- ground Assessment District No. 86 (Harris project #9820951.01) / :.. kc i'R0' CD / DATE � - RISK MANAGER J CG 20 10 11 85 Copyright, Insurance Service Office, Inc., 1984 �o4. �SCSGIIQ 7.v9 . PI100UCER THIS CERTIFICATE IS ISSUED AS A NATTER OF INFORMATION Diversified Risk Ins. Brokers 1335 Stanford Avenue ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 100 COMPANIES AFFORDING COVERAG - Emeryville, CA 94608 (510)5473203 LlcemeU05:9776 _ COMPANY A Continental Casualty Company Harris and Associates, Inc. COMPANY B Attn-. Holly Lauritsen 220 Mason Circle CO CAN Concord, CA 94520 DG COMPANY D ougHaufffl THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO NMICH THIS CETITIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS _ N TYPE O[ INSURANCE LTA I POLIOT NUMBER POLICY EFFECTIVE I POLICY ESPIMTION DATE (MWDD/1Y) DATE (MW Y) UMRS ! GENERAL LWBILTrr GENERAL AOGRE(iATE i PRODUCTS C06PIOP AGO COMMERCIAL GENERAL LIABILITY CLAIMS WOE C OCCUR •I I PERSONALS AOV INJURY S _ I FACHOCCURRENCE f OWNER'S A COnTMCTO S PROT j I MAE DAMAGE AY a Ir.) f MED FJfP U G'A 1 f j j AUTOMOBILE LIABILITY ANY AUTO COMBINED SWGLF LIMIT f ALL OWNED AUTOS SCHEDULED AUTOS G� [`� f. INSURANCE /� �/ PPRVJ�1� � ' �� BODILY INJURY S UAY _- HIRED AUTOS NONOIVNED AUTOS DATE R SK MANAGER I PROPERTY MuAGE f G—AIRAOE UADLITY I ANY AUTO ` AUTOONLY EAACCIOENT S OMER MA.N AUTO) ONLY: e ACCIDENT t ____EACH AGGREGATE Is I EXCESS LIABILITY EACH OCCURRENCE f ABOREOATE i UMBRELLA FORM j i f OTHER TRAN UMBRELL FORM W DRI ERG COMPENGATION AND 17W srATU MTS EMPLOYERG' LIABILITY EL EACH ACCIDENT f THE PROPRIETOR/ INCL PARTNERSAO(ECUTIVE El OISEASE -POUCY LIMIT IT EL DISEASE- EA EMPLOYEE t OFFICERS ARE EXCL I 4 OTHER PROFESSIONAL AEN113822501 08/01198 08/01/99 $2,000,000 Per Claim L1ABELrrY I 52,000,000 Aggregate DESCRWTION OF OPERATIONSILOCATIONW VEHICLES SPECIAL MEWS its Council, boards & commissions, its elected oRcials, officers, agents, representatives and employees Re: Eagiueer's Report/Assessment Engineering Services - Proposed Under - SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCEEIEO BEFORE THE City of Newport Beach, ` 3300 Newport Blvd. . Newport Beach, CA 92658.5915 EXPIMtIUn pAIE TNf R£O[ THE IS$IINC COMPANY WILL. a>®fa3YC1LD NAIL ..10_ DAYS wwTTEN NOTICE TO THE. CERTIFICATE HOLDER NAMLD TO THE LEFT, 1frHif�X1EZX�'>� EOIf�>oBffGX WJR7A>♦'S0' oa7laMUTeaa NTExX•fleelBEpODR[71BR AUIHOP�D REPRECENTAT INSURED: Harris and Associates, Inc. DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/SPE CIA L ITEMS - (Continued)_ ground Assessment District No. 86 (Harris project #9820951.01) All operations of the Named Insured including but not limited to any referenced project. The Aggregate limit Is the total limit of insurance available for all claims presented under the policy �A $100,000 deductible applies to each and every claim submitted under th�'policy. l� %� jNSURANCE APP RDVE� DATE RISK MANAGER :�::T:iF•StsIe! s+. E L] March 8, 1999 / r CITY COUNCIL AGENDA fl .i. €kV. r_L) ITEM NO. 19 TO: Mayor And Members Of The City Council FROM: Public Works Department SUBJECT: UNDERGROUNDING OF UTILITIES IN THE ALLEY BETWEEN OCEAN BOULEVARD AND OCEAN FRONT AND BETWEEN "G" STREET AND CHANNEL ROAD ON PENINSULA POINT (PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 86) RECOMMENDATIONS: 1. Authorize a Budget Amendment to appropriate $52,641.25 in the Assessment District Capital Project fund to proposed Assessment District No. 86, Account No. 7401- C5100490. • 2. Authorize the City Manager to execute a Professional Services Agreement with Harris & Associates in an amount not to exceed $25,550.00 for assessment engineering services. DISCUSSION: Owners of property located in Proposed Assessment District No. 86 have submitted petitions to the City requesting that a special assessment district be formed to underground overhead utilities. The location of the district is shown on the attached sketch. Property owners have requested formation of an assessment district for the purpose of financing the conversion of existing overhead utilities. The boundaries of the proposed District are shown on Exhibit "A ". The District formation proceedings are pursuant to the "Municipal Improvement Act of 1913" (Division 12 of the Streets and Highways Code of the State of California). Bonds will be sold pursuant to the "Improvement Bond Act of 1915 ", Division 10 of said Code. One of the initial steps in the District formation process is the circulation of the Petition for Special Assessment Proceedings. Proponents of the District circulated the petitions to the property owners and then submitted the signed petitions to the City. The petition signatures represent approximately 60% of the assessable area within the proposed District. The City has typically established 60% as a minimum in order to proceed with a formation of the District. r 0 SUBJECT: UNDERGROUNDING OF UTILITIES IN THE ALLEY BETWEEN OCEAN BOULEVARD AND OCEAN FRONT AND BETWEEN "G" STREET AND CHANNEL ROAD ON PENINSULA POINT (PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 86) March 8, 1999 Page 2 In anticipation that the District would move forward, staff prepared a Request for Proposal (RFP) for Harris & Associates to obtain assessment engineering services. Harris & Associates' project team has negotiated a fee for services, not to exceed $25,550.00. The assessment engineering services to be provided by Harris & Associates are detailed in the Scope of Work of the Professional Services Agreement and include identifying, analyzing and determining the correct apportionment of the costs, and preparing the Assessment Engineer's Report. In addition, Harris & Associates will prepare the voting ballots in accordance with the requirements of Proposition 218. The ballots are weighted by "financial obligation" (the amount of the property's assessment. Southern California Edison and Pacific Bell are responsible for the design of their utilities. In order to initiate the design of these facilities, the City must remit $15,000.00 to Edison and $12,091.25 to Pacific Bell. An additional $3,000.00 is being encumbered in order to pay for a consultant to expedite and coordinate plan design through Edison and Pacific Bell. The utility and engineering costs will be reimbursed to the City by the District if it is formed at the final Public Hearing. However, the funds will not be recovered if the District is not formed. The City Council has previously authorized the advancement of funds for other districts. These funds will be recovered upon formation of the districts. Re ectfully u mitted, .V D ebb Public Works Dire for Richard L. HafK9fadt, P.E. Development Engineer Attachments: Exhibit "A ", Boundary Map of Proposed District Exhibit "B ", Professional Services Agreement F: \Users \P B W \Shared\ COUNCIL \FY98 -99 \Mar -8W D86- ENG.doc (: Z cr cr W 0 ms i immomms A ti 2� V EXHIBIT "A" S Q CQ V_ J q d o2f Q q cn J Z Gp , Z W Z W Q LL) 0. p [a m O q > qJ OZ O W Z m cl: K Q J J E Q Z O W 2 > U7 Q O O S � O F F U W . H U1 U7 J f F Z Z �--� W W W F- W [A d J J � N O O � ¢ Q C q W w 3 Z r J J Y W W ZD q O Q d Cl- O O ca Z C:) Z C9 • o W z� I � 0 1& EXHIBIT "B" PROFESSIONAL SERVICES AGREEMENT for Proposed Underground Assessment District No. 86 THIS AGREEMENT, entered into this day of 1999, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and Harris & Associates, Inc., whose address is 34 Executive Park, Suite 150, Irvine, California 92614 -4705 (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the 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 Proposed Underground Assessment District No. 86 (the alley bounded by Ocean Boulevard and Ocean Front and "G" Street and Channel Road) upon the terms and conditions contained in this Agreement. C. The principal members of Consultant for purpose of this Project are Joan E. Cox, P.E. and Jeffrey M. Cooper, P.E. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant and -1- 9 9 desires to contract with Consultant under the terms of conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as follows: 1. TERM The term of this Agreement shall commence on the day of 1999, and. shall terminate on the day of , unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" attached and incorporated herein by reference. 0 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section, and the scheduled billing rates set forth in Exhibit "B ", attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of the Project Administrator. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of twenty five thousand five hundred fifty dollars ($25,550.00). 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 on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. is 3.2 Consultant shall not receive any compensation for extra work without prior -2- i • 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. 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 -3- 0 0 personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to . approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to -4- r • direct Consultant as to the details of the performance of the services or to exercise a 0 measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 7. PROJECT MANAGER Consultant shall assign the Project to a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Project term. Consultant has designated Joan M. Cox, P.E., to be its Project Manager. Consultant shall not bill any personnel to the Project other than those 0 personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of the City Engineer. Consultant warrants it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. B. TIME OF PERFORMANCE 0 -5- 9 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 0 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. 0 12. HOLD HARMLESS ll1 0 Consultant shall indemnify, defend, save and hold harmless City, its City Council, 0 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 misconduct of City, it's officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE 0 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 9 -7- • 0 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. 0 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). r� 0 0 Said policy or policies shall be endorsed to state that coverage shall not be 0 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 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 . M 0 • 0 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 0 Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. _10- • 17. CITY'S RESPONSIBILITIES 0 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 1381011/10 B. Provide blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant L will be required to coordinate the required submittals with City's 0 reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. D. City will prepare and provide to Consultant street base digital file in AutoCAD (DXF) compatible format. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Richard L. Hoffstadt, P.E. shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered • 11- 0 0 Mpursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of Such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS . City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the -12- 0 0 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. 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 -13- 0 • 1J 0 shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3311 (949) 644 -3318 FAX All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Joan M. Cox, P.E. Harris & Associates 34 Executive Park, Suite 150 Irvine, CA 92614 -4705 (949) 655 -3900 (949) 655 -3995 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the 0 14- 0 0 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. -is- 0 a 0 0 0 0 0 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. PATENT INDEMNITY The Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Robin Clauson Assistant City Attorney City of Newport Beach F:\ users \pbw\shared\districtPad861agmt - harris -16- CITY OF NEWPORT BEACH A Municipal Corporation 0 Don Webb Public Works Director HARRIS & ASSOCIATES CONSULTANT 0 City of Newport Beach Proposoljor Assessment Engineering Services Proposed Assessment District No. 86 Scope of Work The following is our proposed scope of work, as outlined in the City's Request for Proposal, dated December 9, 1998. We understand that Phase 2 will not commence until the city has received sufficient petitions (60 percent), and that it is the City's intent to complete the District proceedings by December of 2000. Phase 1 - Petition Confirmation 1. In conjunction with the City staff, determine proposed assessment district boundary. 2. Obtain and utilize the Orange County Assessor property owner information to create a property owner data base that will be used for required mailings and assessment apportionment. 3. Prepare spread sheet showing Assessment Number, Assessor's Parcel Number, area of each lot in acres, area signing petition, front footage, owner, address of property, mailing addresses and any other pertinent and/or required information. 4. Based on petitions received, recommend whether to proceed with the assessment district formation or whether additional petition gathering efforts are needed. 5. Upon determination that sufficient valid petitions exist to proceed with the formation of the assessment district, execute Certificate of Sufficiency of Petition. Phase 2 - Engineer's Report and Formation Proceedings 6. Assist Bond Counsel and City Staff in establishing a project schedule. 7. Attend utility coordination meetings on an as- needed basis. Coordinate between City and property owners as required (assume three meetings). 8. Prepare Boundary Map of assessment district. 9. Prepare draft Preliminary Engineer's Report in accordance with Proposition 218, to include the following: ■ 1931 Act information and tables • Plans and specifications (by reference) • Description of works of improvements • Preliminary estimate of costs • Assessment Diagram or Method of assessment apportionment ■ Assessment roll with preliminary assessments Page 17 lonn L ] twposai Jor Assessment enyureenay JO �iLr� City of Newport Beach Proposed Assessment District No. 86 ■ Right -of -Way Certificate (Acuted by Superintendent of Streets ■ Certificate of Completion (executed by Director of Public Works) I 10. Prepare preliminary assessment Engineer's Report, including apportionment and method of assessment distribution. 11, Attend property owner information meetings to discuss preliminary assessments and confirmed assessments (assume three meetings). 12. Attend City Council meetings at which Resolution of Intention and Preliminary Engineer's Report are considered, and Public Hearings are set and conducted (assume two meetings). 13. File Preliminary Engineer's Report with Superintendent of 1 Streets, M. Prepare Boundary Map for recordation and record. 15. Prepare for mailing Resolution of Intention, preliminary assessment amount, assessment ballots property owner information meeting and Public Hearing notices to each assessed property owner of record, as required by the Municipal Improvement Act of 1913, Brown Act Requirements, and Proposition 218 (content of notice will be provided by bond counsel). Prepare written declaration that this task has been completed. (City will be responsible for postage costs.) 16. Prepare Confirmed Engineer's Report in which the confirmed assessment apportionment is based on final approved estimate of fees to be financed, including incidental and financing costs. 17. Prepare and file Confirmed Engineer's Report with the i Superintendent of Streets. 18. Tabulate assessment ballots and present results in accordance with financial obligation. Assessment ballots must be received by the City Clerk prior to the close of the Public Hearing. 19. Participate in meetings with City staff, project administration and coordination with City staff, property owners, bond counsel, financial advisor, bond underwriter, appraiser, and i other project consultants (assume three meetings in addition to I the meetings described above). Phase 3 - Assessment Confirmation and Bond Sale 20. Prepare confirmed assessment apportionment and Notice of Assessment to each property owner of record within the assessment district. Prepare written declaration that this task has been completed. (City will be responsible for postage costs.) Q� Page M City of Newport Beach Proposal jor ASSessmenr ingmeenng 5ervices' - - Proposed Assessment District No. 86 21. Prepare Notice of ASsessmeWind Assessment Diagram for recordation and record. 22. Review Preliminary and Final Official Statements. Exclusions The following items of work are excluded from the Scope of Services: A. Right -of -way services. B. Post - Public Hearing Services (except as noted), including compilation of paid /unpaid list, debt service (amortization) schedules and placement of assessments on tax roll. C. Property valuation and tax delinquency information. D. Advertising of notices in newspaper. E. Preparation of improvement plans, specifications, and bid documents. Services and Information to be Provided by Others The following information will be provided by the City or others: A. Posting of Notices and Construction Inspection. B. Postage, letterhead and envelopes for property owner mailings C. Fiscal administration. D. Rights -of -entry onto private property, as required. E. Current maps, records, plans, etc., that pertain to this project will be provided by the Public Works Department and /or utility companies, as appropriate. F. Preparation and execution of Notice of Exemption (environment documents, etc.) G Utility construction cost estimates provided by respective utility companies. H. Preparation of Certificate of Sufficiency provided by Bond Counsel. Page 19 77 0 E 0 __ .. uu C.�.l Ui'-v UdJ JJUJ 11.�1(Nlb " ;. L� Mr. Dick Hoffstadt City of Newport Beach January 6, 1999 Page 2 • • SCHEDULE OF HOURLY RATES' Project Director.... ................................. $190 / hour Project Manager ..... ............................... $140 / hour Senior Financial Analyst ........................ $115 / hour Financial Analyst ................... ................ $65 / hour Sr. Drafting Technician ...................... ... $75 / hour Clerical Staff ................. ......................... $45 / hour Hourly rates include most direct costs such as vehicle usage and mileage, equipment usage (including computers), and printing and copying. Our team is excited about the opportunity of working with the City of Newport Beach again. It you have any questions regarding our fee proposal, please feel free to call us. Sincerely, HARRIS & ASSOCIATES, INC. Joan E. Cox, PE Project Manager F: \US ER5W0AN1PR0PW PB \FEELTR.DOC Jeffrey M. Cooper, PE Vice President a Ilerhs 6 Assoemes .....(iJ� 01. 0,, R O L Z U j ��•fJi r- 0 O a 21 m z r 9 L U rn d ro c 7 H.lkkt i S • G V 0 O Z Cl O m Q 7 C 7 T m Q m a a m rn m rn o� rn rn rn rn a� rn rn rn m rn rn rn m rn rn rn rn g rn m m m a> rn m rn rn rn rn rn rn m rn m m rn o> rn m A IJ d Gt d 0. V YJ V V C� V CS C C O N 0) 7 O) d O V O 0) O m 0 m 0 m m O W d m MJ d E-O � m a .n 2 to a cu C a m c � N C o J m° n a a M m ° ct a a Ul o ,� W w o a V .- _ A L N L L C C C b m € N .� N U a C) w a` CL D o E o E w d c c LU o U o w o o°° c m A a o a °f o c m m m 0 c m U N V a O m Z LL CU V ._ c o M m a) m� 'F o u m'L E m a ami L. ex z° o cc of � a` ci a 0- a �'n X z° a a` U) a' z ° cj m 4 Ill L� • C� of Newport Beach • NO. BA- 050 BUDGET AMENDMENT 1998 -99 AMOUNT: 35z,s41.z5 E CT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance I X Increase Budget Appropriations AND X Decrease in Budgetary Fund Balance i Transfer Budget Appropriations No effect on Budgetary Fund Balance X X EXPLANATION: from existing budget appropriations from additional estimated revenues from unappropriated fund balance This budget amendment is requested to provide for the following: To advance S52,641.25 to proposed Assessment District No. 86 for undergrounding of utilities. If the proposed assessment district is formed, the funds will be reimbursed to the City by the District. Historically, the City has advanced funds to other districts. There have been no prior budget amendments to this capital project account. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Accunt Description Assessment District 400 3605 Fund Balance Control ROUE APPROPRIATIONS (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Amount Debit Credit 552,641.25 ` Description Division Number 7401 Assessment District - Capital Project Account Number C5100490 A.D. 86 - Ocean Blvd Alley $52,641.25 Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number � Automatic System Entry. Signed: linan 'jApproval: Finance ctor Date Signed: ?, 2s--j77. Administrative Approval: -City Manager Date Sig d: City Council Approval: City Clerk Date y of Newport Beach • BUDGET AMENDMENT 1998 -99 EFFECT ON BUDGETARY FUND BALANCE: Number Increase Revenue Estimates Number Increase Budget Appropriations AND Number Transfer Budget Appropriations Number from existing budget appropriations from additional est,mated revenues from unappropriated fund balance EXPLANATION: NO. BA- 050 AMOUNT: a5z,sa1.z5 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance .CiSLeff�4ioAB.ud9 e #ar.KEu rd -Sala n ce j ::: r, t I -. j I I A C V C f This budget amendment is requested to provide for the following: --- To advance S52,641.25 to proposed Assessment District No. 85 for undergrounding of utilities. if the proposed assessment district is formed, the funds will be reimbursed to the City by the District. Historically, the City has advanced funds to other districts. There have been no prior budget amendments to this capital project account. I ACCOUNTING ENTRY: G=7ARY =UND 3A1 ANCE Fr. �u P. Descriotion Distrd 400 36�)5 Fund Balance Control -_ .U`11iE APGPOPRi.4T IONS (3601) - und:Di•visicn Accc -:nt Description I = �ES`i.rlTURE A.010RC•FR!ATIONS {13603j Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed Signed Signed: —Description 7401 Assessment District - Capital Project C5100490 A.D. 85 - Ocean Blvd Alley City Council Approval: City Clerk Amount Debit Credit S52,641.25 ` Automatic S52,o41.25 Date pDate 3 - -0- ,7% Date s%