HomeMy WebLinkAboutC-3266 - Underground Assessment District No. 78/ Little Island on Balboa Island- March 22, 1999
CITY COUNCIL AGENDA
ITEM NO. 7
APPROVED
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: UNDERGROUND UTILITIES ON LITTLE ISLAND ON BALBOA ISLAND
(PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 78)
RECOMMENDATIONS:
1. Authorize a Budget Amendment to appropriate an additional $4,517.00 from the
General Fund to Assessment District No. 78, Account No. 7401- C5100297, to
pay for the additional work required to carry the district through the public
hearing.
2. Authorize the City Manager to execute Amendment No. 1 to the Professional
Services Agreement with GFB- Friedrich & Associates to increase the amount of
compensation by $4,517.00 from $24,950.00 to $29,467.00 and extend the
agreement until June 30, 1999.
DISCUSSION:
On August 28, 1995, the City Council approved a contract with GFB- Friedrich &
Associates to act as the Assessment Engineer for the Proposed Underground
Assessment District No. 78 (see Exhibit "A "). The original contract was for an amount
not to exceed $24,950.00 with an expiration date of June 30, 1997. It was anticipated
that the undergrounding district would be completed by the June 30, 1997 date.
However, additional work beyond the Scope of Work of the original agreement was
required due to the long period of time that has elapsed. The additional work included
revarification of property owner's names and addresses as well as land and
improvement values for the various databases used for the assessment district. It is
anticipated that the District will be ready for public hearing in April or May 1999 as the
Edison, Pacific Bell and Comcast Cable plans are complete and the Engineers Report
is almost complete except for Edison's final cost estimate. The only thing that still
needs to be completed is the dedication of easements for the Edison lighting proposed
for the alleys which should be completed within the next couple of months.
The Assessment Engineer is requesting an increase in fees of $4,517.00, which will
bring the total contract amount to $29,467.00. This increase in fees is justified
considering the delays in the project, which caused the additional work and expenses.
SUBJECT: Underground Utiliton Little Island on Balboa Island (Proposed U09round Assessment
District No. 78)
March 22, 1999
Page: 2
Compensation to GFB- Friedrich & Associates for the above services will be based on
the firm's standard hourly rates. These costs will be reimbursed to the City by the
district if it is formed at the final public hearing, but will be lost if the district is not
formed.
It is recommended that additional funds be loaned to the proposed district in order to
continue the district until completion.
Re�ectfully mitted,
Don [ }Webb
Public Works Director
By:
Richard L. Hoff tzdt, P.E.
Development Engineer
Attachments: Exhibit "A" - City Council Staff Report dated August 28, 1995
Exhibit `B" - Amendment to Agreement, Amendment No. 1
Budget Amendment
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a
0 Exhibit "A"
August 28, 1995
CITY COUNCIL AGENDA
ITEM NO. 10
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: UNDERGROUND UTILITIES ON LITTLE ISLAND ON BALBOA ISLAND
(PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 78)
RECOMMENDATIONS:
Appropriate the sum of $45,000.00 from the General Fund as a loan to
proposed Assessment District No. 78 to continue the district; pay for the
Engineer's Report, the Edison and Pac Bell cost estimates, Bond
Counsel, and to carry the district through the public hearings.
2. Approve a contract in the amount of, not to exceed, $24,950.00 for the
district with the firm of GFB- Friedrich & Associates of Riverside to provide
assessment engineering services for proposed assessment District No.
78 and authorize the City Manager to execute the contract.
DISCUSSION:
Owners of property located on Little Balboa Island in Proposed Assessment
District No. 78, have submitted petitions to the City requesting that a special assessment district
be formed to underground utilities. The location of the district is shown on the attached sketch.
The Assessment Engineer prior to proceeding with the proposed district will
verify the petitions to determine if 60% of the assessable area is represented in the petitions.
It is estimated that it will cost $45,000.00 to process the proposed district through
the Public Hearings. $25,000 is for the assessment district engineer and $20,000 is for Pao
Bell and Edison cost estimates. The interest in this assessment district is strong and there
does not seem to be any organized protest. Therefore it is recommended that the funds be
loaned to the proposed district as shown in Step 4 of the following brief description of the
procedure that has been used in the past to underground utilities in residential neighborhoods
through the use of the Municipal Improvement Act of 1913:
1. Proponents request information from the City about the procedures used to
underground utilities.
2. The staff reply includes estimated costs, and offers to provide petitions which
may be circulated by the proponents. Proponents are advised that all owners of
property within the proposed district must be asked to sign a petition, and that
the signature of the owners of 60% of the area of assessable land in the district
must be secured in order to assure the staff that there is sufficient demonstrated
support to recommend the expenditure of public funds that will not be recovered
if the district is not formed.
0
SUBJECT: UNDERGROUND UTILITIES ON LITTLE ISLAND ON BALBOA ISLAND. (PROPOSED
UNDERGROUND ASSESSMENT DISTRICT NO. 78)
August 28, 1995
Page 2
3. The petitions are returned to the staff and checked by the staff.
4. Funds are requested from the City as a loan to initiate proceedings and carry the
district up to the close of the public hearing. The funds provide for the
preparation of plans and the submission of guaranteed fixed prices to make the
improvement; preparation of an Engineer's Report; legal counsel; and other
expenses required before the public hearing.
5. The public hearings are held. if the district is formed, the funds advanced by the
City will be recovered with interest from the proceeds of the cash collection
period and the bond sale. If the district is abandoned, the funds are not
recovered.
6. The improvements are constructed by the public utilities.
7. Individual services connections on private property are converted by their
owners.
A proposal was received from GFB- Friedrich & Associates to serve as
Assessment Engineers and provide related services at a bid price of $24,950.00. The principal
services included in the scope of work are summarized as follows:
Based on petitions received, determine assessment district boundary.
2. Obtain and utilize Orange County Assessors property owner information to
create a property owner data base that will be used for required mailings and
assessment spreads.
3. Prepare a spread sheet showing Assessment .Number, Assessor's parcel
Numbers, tract and lot number, front footage, area of each lot in acres, area
signing petition, relative front footage, owner, address of property, mailing
address, and any other pertinent and /or required information.
4. Based on petitions received, determine whether sufficient valid petitions exist to
proceed with the assessment district formation, or whether additional petition -
gathering efforts are needed.
5. Upon determination that sufficient valid petitions exist to proceed with the �.
formation of the assessment district, execute Certificate if Sufficiency of Petition.
6. Assist bond attorney and City staff in establishing a project schedule.
7. Attend utility coordination meetings on an as- needed basis. Coordinate between
City and property owners as required (assume 3 meetings).
8. Prepare Boundary Map of assessment district.
SUBJECT: UNDERGROUND UTILITIES ON LITTLE ISLAND ON BALBOA ISLAND. (PROPOSED
UNDERGROUND ASSESSMENT DISTRICT NO. 78)
August 28, 1995
Page 3
9. Prepare Preliminary Engineer's Report which will include the following:
1931 Act information and tables
Plans and specifications (by reference)
Description of works of improvement
Preliminary estimate of costs
Assessment diagram
Method of assessment spread
Assessment roll with preliminary assessments.
Right -of -Way Certificate (executed by Superintendent of Streets)
Certification of Completion (executed by Director of Public Works)
10. Attend property owner information meeting to discuss preliminary assessments.
11. File Preliminary Engineer's Report with Superintendent of Streets.
12. Attend City Council meeting at which Resolution of Intention is adopted,
Preliminary Engineer's Report is approved, and Public Hearing is set. Answer
questions as necessary.
13. Prepare boundary map for recordation at Orange County Recorder's Office.
14. Print and mail Resolution of Intention, preliminary assessment amount, and time
and place of Public Hearing to each assessed property owner of record, as
required by 1913 Ac` proceedings (contents of notice will be provided by bond
counsel). Prepare vv, itten declaration that this has been done.
15. Prepare Amended Engineer's Report in which the confirmed assessment spread
is based on final approved estimate of fees to be financed, including incidental
costs and financing costs.
16. File Amended /Confirmed Engineers Report with the Superintendent of Streets.
17. Attend property owner information meeting to discuss confirmed assessments.
18. Attend Public Meeting and Public Hearing, at City Council meetings and make
presentations as required.
19. Make revisions to Engineer's Report as ordered by the City Council.
20. Print and mail confirmed assessment amount and Notice of Assessment to each
assessed property owner of record within the assessment district. Prepare
written declaration that this has been done.
21. Prepare Assessment Diagram, Notice of Assessment, and list of assessed
property owner names for recordation at Orange County Recorder's Office.
22. Review Preliminary and Final Official Statements.
E
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SUBJECT: UNDERGROUND UTILITIES ON LITTLE ISLAND ON BALBOA ISLAND. (PROPOSED
UNDERGROUND ASSESSMENT DISTRICT NO. 78)
August 28, 1995
Page 4
23. Staff Meetings, project administration, and coordination with City staff, bond
counsel, financial advisor, bond underwriter, appraiser, and other project
consultants (assume 3 staff meeting in addition to the meetings described
above). This item shall include answering questions and providing information to
property owners, project proponents, community association representatives,
etc.
It is recommended that the Contract be given to GFB- Friedrich & Associates,
Inc. to provide the necessary services for the proposed district.
Compensation to GFB- Friedrich & Associates for the above services will be
based on the firm's standard hourly rates, with an estimated maximum fee of $24,950.00 total
for the district. These costs will be reimbursed to the City by the district if it is formed at the
final public hearing, but will be lost if the district is not formed.
An exhibit is attached for reference.
Respectfully submitted,
4
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By
Dick Hoff a
Subdivision Engineer
Attachment
ASSESSMENT DISTRICT BOUNDARY
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LOCATION MAP
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LITTLE BALBOA
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EXHIBIT
AANDMENT TO AGREENENT Exhibit "B"
Services for Amendment No. 9 dated , 19, to the
Agreement dated August 28 19 95 , by and between the City of Newport Beach
(hereinafter known as "City ") and GFB- Friedrich & Assoc., Inc. (hereinafter known as
"Engineer ") for the project known as Utilities Undergrounding Assessment District No. 78
(Little Balboa Island) , shall be performed by consultant and becomes effective after being
signed by both parties to the Agreement and dated above. The Scope of Work, consultant fee
and schedule to completion are as given below.
Scope of Work: Page 1 of 2
Engineer has performed, or will perform, additional work beyond the Scope of Work of the original
Agreement due to the long period of time that has elapsed since the last major work was performed for
this project in 1996. This time lag has resulted from the length of time it has taken Southern California
Edison and Pacific Bell to prepare their facility designs and construction cost estimates. The additional
work includes:
1. Updating of property owner's names and addresses, as well as land and improvement values, for
various data bases for this assessment district including the Certificate of Sufficiency of Petition,
Assessment Spread, 1931 Act Table of Values, mail merge file for mailing notices and ballots,
Protest Log, and 30 -day Cash Collection Register. Approximately 49 percent of the property owner
names and addresses changed in some way. The Certificate of Sufficiency of Petition has been
executed and sent to the City and to the bond attorney. All of the above work is complete.
Principal 35.0 hours @ $96.00 1hr $ 3,360.00
Clerical 8.0 hours @ $37.00 /hr 296.00
Subtotal, Item No. 1 $ 3,656.00
(Continued)
Requested By: John A. Friedrich Title: President/Assessment Engineer
Projected Completion Date: June 1±-, 19 99
No. of Working Days to Complete: - - -
Consultant Fee: $ 4.517.00
Total Fee This Project: $ . 29.467.00
(this Amendment only)
(including this Amendment)
City
Engineer `
Signature:
Signature:
Title:
Title: esident
Scope of Work: 0 • Page 2 of 2
2. Updating of Boundary Map and Assessment Diagram to reflect the elapsed time since the maps were
originally prepared in 1995 and photo mylars of same for recordation. This work has not been
completed to date.
Principal 2.0 hours @ $96.00 /hr $ 192.00
Drafter 8.0 hours @ $63.00 /hr 504.00
Reimbursable Outside Costs 165.00
Subtotal, Item No. 2 $ 861.00
Total Additional Fee Requested, Amendment No. 1 $ 4,517.00
Prepared By: John Friedrich
February 17, 1999
pity of Newport Beacte
BUDGETAMENDMENT
1998 -99
IECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
Increase Budget Appropriations AND X
IIII����"'J111 Transfer Budget Appropriations
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
NO. BA- 054
AMOUNT:
Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To advance $4,517 to proposed Assessment District No. 78 for amendment 1 to the contract to underground 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.
This brings the total Professional Service Agreement from $24,950 to $29,467.
ACCOUNTING ENTRY:
Amount
3UDGET.kRY FUND SALANCE Debit Credit
Fund Account Description
Assessment District 400 3505 Fund Balance Control $4,517.00
—AVE APPPOPPIATIONS (3601)
Fund /Div(sion Account Description
EX,°E•NDITU.REARPROPRAT /DNS (3503)
Division Number
Account Number
Automatic Systerim Entry.
Signed:
Financi Approval: Finance Dire ton Date
Signed: �/I�/it!/J ( 3 '1`�
d inistrative Approval: Cit Manager Date
Signed:
City Council Approval: City Clerk Date
Description
D'rdision
Number
7401 Assessment District - Capital Project
Account
Number
C510)297 Underground Utilities A.D. 78 54,517.00
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division Number
Account Number
Automatic Systerim Entry.
Signed:
Financi Approval: Finance Dire ton Date
Signed: �/I�/it!/J ( 3 '1`�
d inistrative Approval: Cit Manager Date
Signed:
City Council Approval: City Clerk Date
C*y of Newport Beach
BUDGET AMENDMENT
1998 -99
ECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Budget Appropriations AND
Transfer Budget Appropriations
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
NO. BA- 054
AMOUNT:
I
Increase in Budgetary Fund Balance
X Decrease in Budgetary Fund Balance
No_effeQt-cn.B.udgetary. Fund - Balance
_ -
W2"
t L
This budget amendment is requested to provide for the following: ---- --• --- _ ° "�- °�""�
To advance $4,517 to proposed Assessment District No. 78 for amendment 1 to the contract to underground 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.
This brings the total Professional Service Agreement from $24,950 to $29,467.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Descripticn
Assessment District 400 3e05 Fund Balance Control
-NUE APPROPRIATIONS (3601 )
Fund /Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Amount
Debit Credit
54,517.00 '
Division Number
Account Number
Automatic Systeih Entry.
Signed:
Financi Approval: Fi Dire
d inistrative Approval: r �a)naa�ger Date
Signed: ;; t �I Y , r/')�% _ pj(,t t-l�i�, �' ,, `� - i
City Council Approval: City Clerk Date
Description
Division
Number
7401 Assessment District - Capital Project
Account
Number
C5100297 Underground Utilities A.D. 78 $4,517.00
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division Number
Account Number
Automatic Systeih Entry.
Signed:
Financi Approval: Fi Dire
d inistrative Approval: r �a)naa�ger Date
Signed: ;; t �I Y , r/')�% _ pj(,t t-l�i�, �' ,, `� - i
City Council Approval: City Clerk Date
AMENDMENT TO AGREEMENT
Services for Amendment No. 1 dated iT,4zL 3 191 `/ , to the
Agreement dated August 28 19_5 , by and between the City of Newport Beach
(hereinafter known as "City ") and GFB- Friedrich & Assoc., Inc. (hereinafter known as
"Engineer ") for the project known as Utilities Undergrounding Assessment District No. 78
(Little Balboa Island) , shall be performed by consultant and becomes effective after being
signed by both parties to the Agreement and dated above. The Scope of Work, consultant fee
and schedule to completion are as given below.
Scope of Work: Page 1 of 2
Engineer has performed, or will perform, additional work beyond the Scope of Work of the original
Agreement due to the long period of time that has elapsed since the last major work was performed for
this project in 1996. This time lag has resulted from the length of time it has taken Southern California
Edison and Pacific Bell to prepare their facility designs and construction cost estimates. The additional
work includes:
1. Updating of property owner's names and addresses, as well as land and improvement values, for
various data bases for this assessment district including the Certificate of Sufficiency of Petition.
Assessment Spread, 1931 Act Table of Values, mail merge file for mailing notices and ballots,
Protest Log, and 30 -day Cash Collection Register. Approximately 49 percent of the property owner
names and addresses changed in some way. The Certificate of Sufficiency of Petition has been
executed and sent to the City and to the bond attorney. All of the above work is complete.
Principal 35.0 hours @ $96.00 /hr $ 3,360.00
Clerical 8.0 hours @ $37.00 /hr 296.00
Subtotal, Item No. 1 $ 3,656.00
(Continued)
Requested By: John A. Friedrich Title: President/Assessment Engineer
Projected Completion Date: June 1± 19 99
No. of Working Days to Complete: - - -
Consultant Fee: $ 4,517.00
Total Fee This Project: $ 29.467.00
(this Amendment only)
(including this Amendment)
City i
EngineLesident
Signature: /�{ c�2��
Signatu %"
Title: `
Title:
ri AS TO FORM:
City Attomev
Scope of Work: Page 2 of 2
2. Updating of Boundary Map and Assessment Diagram to reflect the elapsed time since the maps were
originally prepared in 1995 and photo mylars of same for recordation. This work has not been
completed to date.
Principal 2.0 hours @ $96.00 /hr $ 192.00
Drafter 8.0 hours @ $63.00 /hr 504.00
Reimbursable Outside Costs 165.00
Subtotal, Item No. 2 $ 861.00
Total Additional Fee Requested, Amendment No. 1 $ 4,517.00
Prepared By: John Friedrich
February 17, 1999
ENGINEERING AGREEMENT
THIS AGREEMENT, entered into this day of
de T' 1 1995, by and between the CITY OF NEWPORT
BEACH, a municipal corporation, (hereinafter referred to as
"CITY ") and GFB- FRIEDRICH & ASSOCIATES, INC., whose address is
6809 Indiana Avenue, Suite 201, Riverside, California 92506
(hereinafter referred to as "ENGINEER ") is made with reference to
the following:
RECITALS:
A.
City is a municipal
corporation
duly
organized
and
validly
existing
under the laws
of the State
of
California
with
the power to carry on its business as it is now being conducted
under the statutes of the State of California and the Charter of
CITY.
B. CITY and ENGINEER desire to enter into a professional
services agreement whereby ENGINEER will prepare an Engineer's
Report and act as Assessment Engineer for CITY in connection with
special assessment district procedures to underground utilities
for the Proposed Utility Undergrounding Assessment District No.
78 (Little Island of Balboa Island).
NOW, THEREFORE, it is mutually agreed by and between CITY
and ENGINEER as follows:
SECTION 1. TERM
The term of this Agreement shall commence on the date
the agreement is entered into as set forth above, and shall
terminate on the 30th day of June 1997, unless terminated earlier
as set,forth herein.
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SECTION 2. SERVICES TO BE PERFORMED
ENGINEER shall perform services set forth in Exhibit
"A" which is attached hereto and incorporated herein by this
reference.
SECTION 3. COMPENSATION TO ENGINEER
ENGINEER shall be compensated for services performed
pursuant to this Agreement in the amount and manner set forth in
Exhibit "B" which is attached hereto and incorporated herein by
this reference.
The maximum fee under this contract shall not exceed
the sum of twenty four thousand nine hundred fifty dollars
($24,950) without the prior written approval of the Public Works
Director. The scope of the project may be changed and the
maximum fee revised upon the prior written approval of the Public
Works Director if the increase does not exceed ten percent (10 %)
of the maximum fee. If the increase exceeds ten percent (10 %) of
the maximum fee, an amendment to this contract shall be processed
and executed by the parties.
SECTION 4. STANDARD OF CARE
ENGINEER agrees to perform all services hereunder in a
manner commensurate with the community professional standards and
agrees that all services shall be performed by qualified and
experienced personnel who are not employed by CITY nor have any
contractual relationship with CITY.
SECTION 5. INDEPENDENT PARTIES
CITY and ENGINEER intend that the relation between them
created by
this
Agreement
is that
of employer - independent
contractor.
The
manner and
means of
conducting the work are
under the control of, ENGINEER, except to the extent they are
limited by statue, rule or regulation and the express terms of
this Agreement. No Civil Service status or other right of
employment will be acquired by virtue of ENGINEER'S services.
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None of the benefits provided by CITY to its employees, including
but not limited to unemployment insurance, workers' compensation
plans, vacation and sick leave, are available from CITY to
ENGINEER, its employees or agents. Deductions shall not be made
for any State or Federal taxes, FICA payments, PERS payments, or
other purposes normally associated with an employer - employee
relationship from any fees due ENGINEER. Payment of the above
items, if required, is the responsibility of ENGINEER.
SECTION 6. HOLD HARMLESS
ENGINEER shall indemnify and hold harmless CITY, its
City Council, boards and commissions, officers and employees from
and against any and all loss, damages, liability, claims, suits,
costs and expenses whatsoever, including reasonable attorneys'
fees, arising from or in any manner connected to ENGINEER'S
negligent performance of services pursuant to this Agreement.
SECTION 7. INSURANCE
On or before the commencement of the term of this
Agreement, ENGINEER shall furnish CITY with certificates showing
the type, amount, class of operations covered, effective dates
and dates of expiration of insurance coverage in compliance with
Paragraphs 7A, B, and C. Such certificates, which do not limit
ENGINEER'S indemnification, shall also contain substantially the
following statement: "The insurance covered by this certificate
shall not be canceled by the insurer except after ten (10) days'
written notice has been received by the City of Newport Beach."
It is agreed that ENGINEER shall maintain in force at
all times during the performance of this Agreement all
appropriate coverage of insurance required by this Agreement, and
that said coverage of insurance shall be secured from an
insurance company assigned Policyholders' Rating B (or higher)
and Financial Size Category Class VIII (or larger) by the latest
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edition of Best's Key Rating Guide and licensed to do insurance
business in the State of California.
A. COVERAGE
(1) Workers' Compensation. Statutory coverage as
required by the State of California.
(2) Liability. Comprehensive general coverage in
the following minimum limits:
Bodily Injury $250,000 each person
$500,000 each occurrence
$500,000 aggregate
Property Damage $100,000 each occurrence
$250,000 aggregate
A combined single limit policy with aggregate
limits in the amount of $1,000,000 will be considered equivalent
to the required minimum limits shown above.
(3) Professional Liability. Professional
liability insurance which includes coverage for the professional
acts, errors and omissions of the ENGINEER in the amount of at
least $ 500,000.
B. SUBROGATION WAIVER
ENGINEER agrees that in the event of loss due to
any of the perils for which it has agreed to provide
comprehensive general liability insurance, that ENGINEER shall
look solely to its insurance for recovery. ENGINEER hereby
grants to CITY, on behalf of any insurer providing comprehensive
general liability insurance to either ENGINEER or CITY with
respect to the services of ENGINEER herein, a waiver of any right
of subrogation which any such insurer of said ENGINEER may
acquire against CITY by virtue of the payment of any loss under
such insurance.
C. ADDITIONAL INSURED
CITY, its City Council, boards and commissions,
officers, and employees shall be named as an additional insured
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under all insurance coverages, except any professional liability
insurance, required by this Agreement. The naming of an
additional insured shall not affect any recovery to which such
additional insured would be entitled under this policy if not
named as such additional insured. An additional insured named
herein shall not be held liable for any premium, deductible
portion of any loss, or expense of any nature on this policy or
any extension thereof. Any other insurance held by an additional
insured shall not be required to contribute anything toward any
loss or expense covered by the insurance provided by this policy.
SECTION 8. PROHIBITION AGAINST TRANSFERS
Neither party shall assign, sublease, hypothecate,
or transfer this Agreement or any interest therein directly or
indirectly, by operation of law or otherwise, without the prior
written consent of the other party; any attempt to do so without
said consent shall be null and void, and any assignee, sublessee,
hypothecate or transferee shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of
ENGINEER, or of the interest of any general partner or joint
venturer or syndicate member or co- tenant if ENGINEER is a
partnership or joint venturer or syndicate or cotenancy, which
shall result in changing the control of ENGINEER, shall be
construed as an assignment of this Agreement. Control means
fifty percent (50%) or more of the voting power of the
corporation.
SECTION 9. PERMITS AND LICENSES
ENGINEER, at its sole expense, shall obtain and
maintain during the term of this Agreement, all appropriate
permits, licenses and certificates that may be required in
connection with the performance of services hereunder.
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SECTION 10. REPORTS
Each and every report, draft, work - product, map,
record and other document reproduced, prepared or caused to be
prepared by ENGINEER shall be the property of CITY.
CITY shall make no use of materials prepared by
ENGINEER pursuant to this Agreement, except for construction,
maintenance and repair of the Project. Any use of such documents
for other projects, and any use of uncompleted documents, shall
be at the sole risk of the CITY and without liability or legal
exposure of the ENGINEER.
No report, information or other data given to or
prepared or assembled by the ENGINEER pursuant to this Agreement
shall be made available to any individual or organization by the
ENGINEER without prior approval of CITY.
ENGINEER shall, at such time and in such form as
CITY may require, furnish reports concerning the status of
services required under this Agreement.
SECTION 11. RECORDS
ENGINEER shall maintain complete and accurate
records with respect to costs, expenses, receipts and other such
information required by CITY that relate to the performance of
services required under this Agreement.
ENGINEER shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of
services. All such records shall be maintained in accordance
with generally accepted accounting principles and shall be
clearly identified and readily accessible. ENGINEER shall
provide free access to the representatives of CITY or its
designees at all proper times to such books and records, and
gives CITY the right to examine and audit same, and to make
transcripts therefrom as necessary, and to allow inspection of
all work, data, documents, proceedings and activities related to
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this Agreement. Such records, together with supporting
i
documents, shall be kept separate from other documents and
records and shall be maintained for a period of three (3) years
after receipt of final payment.
SECTION 12. NOTICES
All notices, demands, requests or approvals to be
given under this Agreement shall be given in writing and
conclusively shall be deemed served when delivered personally or
on the second business day after the deposit thereof in the
United States mail, postage prepaid, registered or certified,
addressed as hereinafter approved.
Ali notices, demands, requests, or approvals from
ENGINEER to CITY shall be addressed to CITY at:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Don Webb,
Public Works Director
All notices, demands, requests, or approvals from
CITY to ENGINEER shall be addressed to ENGINEER at:
GFB- Friedrich & Associates, Inc.
6809 Indiana Avenue
Suite 1201
Riverside, Ca 92506
Attention: John Friedrich
SECTION 13. TERMINATION
Either party may terminate this Agreement at any
time and for any reason by giving the other party seven (7) days'
prior written notice; notice shall be deemed served upon deposit
in the United States Mail, postage prepaid, addressed to the
other party's business office. In the event of termination due
to fault of ENGINEER, CITY shall be obligated to compensate
ENGINEER for only those authorized services which have been
completed and accepted by CITY. If this Agreement is terminated
for any reason other than fault of ENGINEER, CITY agrees to
compensate ENGINEER for the actual services performed up to the
7
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effective date of the Notice of Termination, on the basis of fee
schedules contained above, subject to any maximum amount to be
received for any specific service.
SECTION 14. COST OF LITIGATION
If any legal action is necessary to enforce any
provision hereof or for damages by reason of an alleged breach of
any provisions of this Agreement, the prevailing party shall be
entitled to receive from the losing party all costs and expenses
in such amount as the court may adjudge to be reasonable
attorneys' fees.
SECTION 15. COMPLIANCES
ENGINEER shall exercise usual and customary
professional care to comply with laws, State or Federal, and
ordinances, rules and regulations of CITY.
SECTION 16. SUBCONTRACTOR APPROVAL
Unless prior written consent from CITY is
obtained, only those people and subcontractors whose names and
addresses appear in this Agreement or any attachments hereto
i
shall be used in the performance of this Agreement. Request for
additional subcontracting shall be submitted in writing,
describing the scope of work to be subcontracted and the name of
the proposed subcontractor. Such request shall set forth the
total price or hourly rates used in preparing an estimated cost
for the subcontractor's services. Approval of the subcontractor
may, at the option of CITY, be issued in the form of a Work
Order.
SECTION 17. WAIVER
A waiver by CITY 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.
E
• •
SECTION 18. INTEGRATED CONTRACT
This Agreement represents the full and complete
understanding of every kind of 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 hereof.
Any modification of this Agreement will be effective only by
written execution signed by both CITY and ENGINEER.
IN WITNESS WHEREOF, the parties have caused this Agreement
to be executed on the day and year first above written.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
a Municipal Corporation
By
City Attorney Ci y ager
By
B- �riedri h Assoc , Inc.
T % L��; e -
Title
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Exhibit "A"
SCOPE OF WORK
Utility Undergrounding Assessment District No. 78
(Little Balboa Island)
The ENGINEER shall provide the following Scope of Work, commencing at the point at which
sufficient petitions requesting the formation of Utility Undergrounding Assessment District No.
78 have been received by the City, and concluding with the close of the public hearing and
confirmation of the assessment district. This includes any required amendments to the
Engineer's Report, plus a review of the Preliminary and Final Official Statements. The
following tasks are required to complete the assessment district formation.
I. In conjunction with City staff, determine proposed assessment district boundary.
2. Obtain and utilize Orange County Assessor property owner information to create a
property owner data base that will be used for required mailings and assessment spreads.
3. Prepare a spread sheet showing Assessment Number, Assessor's Parcel Number, tract
and lot number, front footage, area of each lot in acres, area signing petition, relative
front footage, owner, address of property, mailing address, and any other pertinent
and /or required information.
4. Based on petitions received, determine whether sufficient valid protests exist to proceed
with the assessment district formation, or whether additional petition - gathering efforts are
needed.
5. Upon determination that sufficient valid protests exist to proceed with the formation of
the assessment district, execute Certificate of Sufficiency of Petition.
6. Assist bond attorney and City staff in establishing a project schedule.
7. Attend utility coordination meetings on an as- needed basis. Coordinate between City and
property owners as required (assume 3 meetings).
8. Prepare Boundary Map of assessment district.
THIS AREA INTENTIONALLY LEFT BLANK.
A -1
0
SCOPE OF WORK
(Continued)
9
9. Prepare Preliminary Engineer's Report which will include the following:
1931 Act information and tables
Plans and specifications (by reference)
Description of works of improvement
Preliminary estimate of costs
Assessment Diagram
Method of assessment spread
Assessment roll with preliminary assessments
Right -of -Way Certificate (executed by Superintendent of Streets)
Certificate of Completion (executed by Director of Public Works).
10. Attend property owner information meeting to discuss preliminary assessments.
11. File Preliminary Engineer's Report with Superintendent of Streets.
12. Attend City Council meeting at which Resolution of Intention is adopted, Preliminary
Engineer's Report is approved, and Public Hearing is set. Answer questions as
necessary.
13. Prepare boundary map for recordation at Orange County Recorder's Office.
14. Print and mail Resolution of Intention, preliminary assessment amount, and the times and
places for a Public Meeting and a Public Hearing to each assessed property owner of
record, as required by 1913 Act and Brown Act proceedings (content of notice will be
provided by bond counsel). Prepare written declaration that this has been done.
15. Prepare Amended Engineer's Report in which the confirmed assessment spread is based
on final approved estimate of fees to be financed, including incidental costs and financing
costs.
16. File Amended Engineer's Report with the Superintendent of Streets.
17. Attend property owner information meeting to discuss confirmed assessments.
18. Attend Public Meeting and Public Hearing, respectively, at City Council meetings and
make presentations as required.
19. Make revisions to Engineer's Report as ordered by the City Council.
A -2
SCOPE OF WORK
(Continued)
0
20. Print and mail confirmed assessment amount and Notice of Assessment to each assessed
property owner of record within the assessment district. Prepare written declaration that
this has been done.
21. Prepare Assessment Diagram, Notice of Assessment and list of assessed property owner
names for recordation at Orange County Recorder's Office.
22. Review Preliminary and Final Official Statements.
23. Staff meetings, project administration, and coordination with City staff, property owners,
bond counsel, financial advisor, bond underwriter, appraiser, and other project
consultants (assume 3 staff meetings in addition to the meetings described above). This
item shall include answering questions and providing information to property owners,
project proponents, Community Association representatives, etc.
Exclusions
The following items of work are not included within the above Scope of Services:
1. Right -of -way services.
2. Post - public hearing services (except as noted) including paid /unpaid list, debt service
(amortization) schedules and placing assessments on tax roll.
3. Property valuation and tax delinquency information.
4. Advertising of notices in newspaper.
5. Preparation of improvement plans, specifications and bid documents.
Services Information and /or Fees to be Provided by Others
In preparing the above Scope of Work, we have assumed that the following services, information
and /or fees will be supplied by the City or other consultants.
1. Utilities construction cost estimates.
2. Up -to -date maps, records, plans, etc. that pertain to this project.
A -3
•
SCOPE OF WORK
(Continued)
3. Postage and public agency letterhead and envelopes for property owner mailings.
4. Posting notices on property.
5. Right -of -entry onto private property, as required.
6. Other consultants (including property appraiser) whose services are required to complete
the assessment district formations.
7. Preparation of Certificate of Sufficiency of Petition.
8. Preparation and execution of Notice of Exemption.
9. Recordation of maps and Notice of Assessment at Orange County Recorder's Office.
END
RMI!
August 1, 1995
•
Exhibit "B"
GFB- FRIEDRICH & ASSOC., INC.
COMPENSATION SCHEDULE
Sub - Consultants Sub - Consultant
Fee plus 10%
Blueprints, Reproduction
& Courier Service Vendor Costs
Job Travel $ 0.36 per mile
Delivery $ 20.00 per hour
plus mileage
NOTE: Normal overtime will be invoiced at 1.50 times standard hourly rate. Overtime
on Sundays and holidays will be invoiced at 2.00 times standard hourly rate.
This Schedule of Hourly Rates is in effect through July 31, 1996 and shall be
subject to annual revision based on changes in the cost of living and the Union
Labor Agreement.
lam
CLASSIFICATION
RATE
1.
Principal
$
96.00 per hour
2.
Senior Registered Engineer
$
90.00 per hour
2a.
Registered Engineer
$
84.00 per hour
3.
Project Manager
$
78.00 per hour
4.
Drafter /Field Inspector
$
63.00 per hour
4a.
Special Districts Analyst
$
63.00 per hour
5.
Designer
$
72.00 per hour
6.
2 -Man Survey Party
$
145.00 per hour
7.
3 -Man Survey Party
$
192.00 per hour
8.
Survey Computer
$
70.00 per hour
9.
Clerical
$
37.00 per hour
10.
Engineering Aide
$
35.00 per hour
Sub - Consultants Sub - Consultant
Fee plus 10%
Blueprints, Reproduction
& Courier Service Vendor Costs
Job Travel $ 0.36 per mile
Delivery $ 20.00 per hour
plus mileage
NOTE: Normal overtime will be invoiced at 1.50 times standard hourly rate. Overtime
on Sundays and holidays will be invoiced at 2.00 times standard hourly rate.
This Schedule of Hourly Rates is in effect through July 31, 1996 and shall be
subject to annual revision based on changes in the cost of living and the Union
Labor Agreement.
lam