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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 \\mis_t \sys\ users\ pbvA shared\councir Vy96- 99Mar- 22\ad78- eng.2.doc 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 0 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 I L5 5' i:3 3.4 L D 0 X PA R r is O ESSIVIENT DIST LOCATION MAP It 5 EfNO. Z= M Amma- irm-R.- r:,-:pzmu 130hruaw Aj o7m; LITTLE BALBOA ISLAND 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. 1 0 6 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. 2 9 0 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 3 0 0 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 V 0 0 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. 5 L 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 0 0 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 0 0 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 N 0 0 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