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
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AUTHORED REP S j TATIVE
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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
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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,
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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
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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
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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.
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8. TIME OF PERFORMANCE
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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.
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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.
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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).
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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
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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.
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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
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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
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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
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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
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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.
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DES'CRNTXY/OF OPEBATIONOILOCAnonsAYEHICLEB�TAl ITE66
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* 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
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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
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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
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. 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
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COMPANY
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Harris and Associates, Inc.
COMPANY
B
Attn-. Holly Lauritsen
220 Mason Circle
CO CAN
Concord, CA 94520
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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
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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,
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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
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DATE RISK MANAGER
:�::T:iF•StsIe!
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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).
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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 .
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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.
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17. CITY'S RESPONSIBILITIES
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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
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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 •
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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
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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
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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
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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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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
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CITY OF NEWPORT BEACH
A Municipal Corporation
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Don Webb
Public Works Director
HARRIS & ASSOCIATES
CONSULTANT
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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
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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
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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
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other project consultants (assume three meetings in addition to
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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.)
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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
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Mr. Dick Hoffstadt
City of Newport Beach
January 6, 1999
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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
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Jeffrey M. Cooper, PE
Vice President
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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%