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HomeMy WebLinkAboutC-3595 - PSA for Assessment Engineering Services for Proposed Assessment District No. 99• • C -35as AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT WITH HARRIS AND ASSOCIATES FOR PROPOSED ASSESSMENT DISTRICT NO. 99 THIS AMENDMENT NO. 2 Tq-!?,ROFESSIONAL SERVICES AGREEMENT, entered into this )& day of 2008, by and between the CITY OF NEWPORT BEACH, a municipal corporate n, (hereinafter referred to as "City ") and HARRIS AND ASSOCIATES, a California corporation whose address is 34 Executive Park, Suite 150, Irvine, California, 92614 -4705 ( "Consultant'), and is made with reference to the following: RECITALS A. On January 14, 2003, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "Agreement', for Assessment Engineering services for Proposed Assessment District No. 99, hereinafter referred to as "Project'. This Agreement was scheduled to expire on October 31, 2005. B. On May 8"', 2007, City and Consultant entered into Amendment No. 1 of the Agreement to reflect services not included in the Agreement and to extend the term of the Agreement to December 31, 2008. C. City desires to enter into this Amendment No. 2 to reflect additional services not included in the previous Amendment and to extend the term of the Agreement to June 30, 2010. D. City desires to compensate Consultant for additional professional services needed for Project. E. City and Consultant mutually desire to amend agreement, hereinafter referred to as "Amendment No. 2 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: Consultant shall be compensated for additional engineering services for the Revised Underground Utility Assessment District No. 99 performed pursuant to this Amendment No. 2 according to the letter dated January 18, 2008, attached hereto. 2. Total additional compensation to Consultant for services performed pursuant to this Amendment No. 2 for all work performed in accordance with this Amendment, including all reimbursable items and subconsultant fees, shall not exceed Twenty Eight Thousand Four Hundred and Fifty Dollars ($28,450.00). 3. The term of the Agreement shall be extended to June 30, 2010. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on the date first above written. APPROVED AS TO FORM: By: C"_� Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By: CS� LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH A Muni I Corporati n B: ayor for the City of Newport Beach HARRIS AND ASSOCIATES: Title: Senior Project Manager Print Name: Joan E. Cox By: �'^ / Corporate Officer) Title: Sr. Vice President Print Name: Jeffrey M. Cooper Attachment: Letter — Request for Additional Authorization Dated January 18, 2008 F:\Users\PBW\Shared\Agreements\FY 07-08\HARRIS.& ASSOC- Amendment 2.doc 0 0 The following is our additional authorization request for Revised Underground Utility Assessment District (QUAD) No. 99, which is being changed to remove all parcels north of Balboa Blvd except 196' Street and most parcels south of Balboa Blvd and east of 20's Street. Assessment Engineering Services for the formation of WAD No. 99 will include updating the database for the new boundaries and the current Assessor's Parcel Roll, updating the Boundary Map, Assessment Diagram, and the Engineer's Report, and full notice and balloting services. Additionally, property owner information meetings will need to be conducted and all services after formation as outlined in our current Scope of Services. Phase 1— Petition Confirmation ........................................................... ............................... $0 Phase 2 — Engineer's Report and Formation Proceedings ........ ............................... $24,000 .......................................................................... ............................... plus envelopes and postage* Phase 3 — Assessment Confirmation and Bond Sale ..................... ............................... $5,000 ..................................................... ............................... —............I.... plus envelopes and postage* Phase 4 — Property Owner Coordination after Formation (optional) .................... $24,000 Total Requirement for Scope of Services = $53.000 Current Remaining UUAD No. 99 Budget = $24,550 otal Additional Authorization Re uired = $28 45 Indirect expenses (such as mileage, duplicating and postage) are included in the fees shown above except as noted. * Official city #10 window envelopes and the cost for postage for the ballot package are to be provided to Harris one -week prior to the, mailing date. Harris t& Associates will provide a cost/value analysis for out - sourcing the noticing to a mail -house for production, folding, stuffing and mailing. Invoices will be submitted monthly for services provided in the previous month and shall be paid within 30 days of receipt in accordance with our existing contract and in accordance with Harris' current schedule of hourly rates. Any mail -house services for notice/ballot production (for bar - coding, folding, and stuffing the notices and ballots into envelopes for mailing) will be invoiced at cost plus 15 %. Our current Schedule of Hourly Rates is shown below. Q:\ProposalstNewport Beach\ad991AD99 take 2 add[ fee.doc Haniis & Associates January 18, 2008 Program Managers Construction Managers Civil Engineers Mr. Mike Sinacori Assistant City Engineer City of Newport Beach 3300 Newport Avenue Newport Beach, CA 92658 Re: Fee Proposal for Additional Assessment Engineering Services for Revised Underground Utility Assessment District No. 99 Dear Mike, The following is our additional authorization request for Revised Underground Utility Assessment District (QUAD) No. 99, which is being changed to remove all parcels north of Balboa Blvd except 196' Street and most parcels south of Balboa Blvd and east of 20's Street. Assessment Engineering Services for the formation of WAD No. 99 will include updating the database for the new boundaries and the current Assessor's Parcel Roll, updating the Boundary Map, Assessment Diagram, and the Engineer's Report, and full notice and balloting services. Additionally, property owner information meetings will need to be conducted and all services after formation as outlined in our current Scope of Services. Phase 1— Petition Confirmation ........................................................... ............................... $0 Phase 2 — Engineer's Report and Formation Proceedings ........ ............................... $24,000 .......................................................................... ............................... plus envelopes and postage* Phase 3 — Assessment Confirmation and Bond Sale ..................... ............................... $5,000 ..................................................... ............................... —............I.... plus envelopes and postage* Phase 4 — Property Owner Coordination after Formation (optional) .................... $24,000 Total Requirement for Scope of Services = $53.000 Current Remaining UUAD No. 99 Budget = $24,550 otal Additional Authorization Re uired = $28 45 Indirect expenses (such as mileage, duplicating and postage) are included in the fees shown above except as noted. * Official city #10 window envelopes and the cost for postage for the ballot package are to be provided to Harris one -week prior to the, mailing date. Harris t& Associates will provide a cost/value analysis for out - sourcing the noticing to a mail -house for production, folding, stuffing and mailing. Invoices will be submitted monthly for services provided in the previous month and shall be paid within 30 days of receipt in accordance with our existing contract and in accordance with Harris' current schedule of hourly rates. Any mail -house services for notice/ballot production (for bar - coding, folding, and stuffing the notices and ballots into envelopes for mailing) will be invoiced at cost plus 15 %. Our current Schedule of Hourly Rates is shown below. Q:\ProposalstNewport Beach\ad991AD99 take 2 add[ fee.doc Mr. Mike Sinacori City of Newport Beach January 18, 2008 Page 2 0 HARRIS & ASSOCIATES 2008 SCHEDULE OF HOURLY RATES Project Manager . ............................... $230 / hour Deputy Project Manager .................... $210 / hour Senior Project Analyst ....................... $100 / hour Project Analyst ..... ............................... $75 / hour Sr. Drafting Technician ..................... $110 / hour Clerical Staff ........ ............................... $65 / hour * These hourly rates may be updated on an annual (calendar year) basis. Hourly rates include most direct costs such as vehicle usage and mileage, equipment usage (including computers), and printing and copying except as noted above. Mail -house services will be billed at cost plus 15 %. Attached is a Fee Schedule Amendment #2 reflecting the above. Our team is excited about the opportunity to continue working with the City of Newport Beach on this challenging project. We would welcome the opportunity to meet with you to discuss any aspect of our technical or fee proposal. If you have any questions regarding this proposal, please call me at 949.655.3900 ext. 337. Sincerely, Harris & Associates Joan E. Cox, PE Senior Project Manager Financial Engineering Attachment Q TroposalsWe"on Beachla MAD99 take 2 add] fmdoc N I Harris & Associates. 0 Assessment Engineering Services Amendment #2 — EXHIBIT "B" Proposed Assessment District No. 99 Fee Schedule FEE SCHEDULE — AMENDMENT #2 The following fees are being amended based on the additional work required to be performed due to revising the boundaries of Assessment District No. 99 after receiving a majority protest with the original boundaries and going through the full formation proceedings with the parcels in the updated boundaries. Phase 7 — Petition Sufficiency Tasks1 through 5 ............................................................................... ............................... no change Phase 2 — Engineer's Report and Formation Proceedings Tasks 6 through 19 ......................................................... ............................... add additional $24,450 Phase 3 - Assessment Confirmation and Bond Sale Tasks 20 through 24 ........................................................................... ............................... no change Phase 4 - Property Owner Coordination after Formation (Optional) Tasks 25 through 33 ......................................................... ............................... add additional $4,000 Total Additional Fee = $28,450 These time & material estimates and the time & material rates shown below include most indirect costs such as vehicle usage and mileage, equipment usage (including computers), and printing and copying, and are based on the assumption that the Assessment District will be formed prior to December of 2008. Harris' current schedule of hourly rates are provided below. SCHEDULE OF HOURLY RATES Project Manager ................. Deputy Project Manager.... Senior Project Engineer..... Project Engineer ................ Junior Project Engineer ..... Senior Project Analyst....... Senior Drafting Technician Project Analyst .................. Clerical Staff ...................... ......... $230 / hour ......... $210 / hour $140 - 180 / how .........$130 /how $95 - $110 / how $95 - $100 ! how $90- $110 /how ... $75 -$85 / how ........... $65 / how These hourly rates may be updated on an annual (calendar year) basis. Hourly rates include most direct costs such as vehicle usage and mileage, equipment usage (including computers), and printing and copying except as noted above. Mail -house services will be billed at cost plus 15 %. Q:\ProposalsWewport Beach\sd99\AD99 take 2 add[ fee.doc Page B -1 Modified January 18, 2008 i 0 • i INp 3� BY THE MY COUNOL (om I l w-��) CITY OF NEWPORT BEACH I I FE3 1 1 8 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 February 12, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Alfred Castanon 949 -644 -3314 or acastanon @city.newport- beach.ca.us SUBJECT: ASSESSMENT DISTRICT 2 TO PROFESSIONAL ASSOCIATES RECOMMENDATIONS: NO. 99 — APPROVAL OF AMENDMENT NO. SERVICES AGREEMENT WITH HARRIS & Approve Amendment No. 2 to the Professional Services Agreement with Harris & Associates, of Irvine, California, for additional assessment engineering services for Revised Underground Utility Assessment District No. 99 for a not to exceed price of $28,450 and authorize the Mayor and City Clerk to execute the Amendment. 2. Approve remittance payment of $33,100 to AT &T for redesign fees. 3. Approve a Budget Amendment transferring $75,000 from the Unappropriated General Fund Reserve Account to Assessment District No. 99, Account No. 74099 -9812. DISCUSSION: On January 14, 2003, the City entered into a Professional Services Agreement with Harris & Associates for assessment engineering and district coordination services for Underground Utility Assessment District No. 99, for a not to exceed amount of $55,000. The engineering services provided by Harris & Associates included identifying, analyzing, and determining the correct apportionment of costs in addition to preparing the Assessment Engineer's Report. On May 8, 2007, Amendment No. 1 to the Agreement executed a not to exceed amount of $10,000 to reflect additional services not included in the Agreement and to extend the term of the Agreement to December 31, 2008. On June 26, 2007, the vote for the proposed Assessment District resulted in a majority protest with 61% of the ballots voting no, and 39% of the ballots voting yes. Most Assessment District No. 990proval of Amendment No. 2 to Professional Serviogreement with Harris & Associates , February 12, 2008 Page 2 property owners north of Balboa Boulevard and west of 20th Street voted against the • formation of the proposed district. Since the June 2007 vote, the District proponents have requested that we reauthorize their original District request on the Oceanside of Balboa Boulevard between 14th and 19th Streets. After extensive discussion and review with the community, the attached revised District Boundary map was developed. Staff and the proponents are very confident that the revised district will be successful and request the City to move ahead. In addition to the Districts boundary change, the Federal Income Tax Component of Contribution Tax (ITCC) has been eliminated in the interest of a more favorable vote. The ITCC is a tax assessed whenever private party contributions in aide of construction (CIAC) are made. To date, Underground Utility Districts have not been assessed this tax due to the fact underground utility districts are viewed as providing public benefit by increasing community aesthetics and public safety. Under this Amendment No. 2, Harris & Associates will provide Assessment Engineering Services for Underground Utilities Assessment District (UUAD) No. 99, which is being changed to remove parcels north of Balboa Boulevard except 19th Street and parcels south of Balboa Boulevard between 20th Street and McFadden Plaza (see attached Exhibit °A" Boundary. Map of Proposed District No. 99). Assessment Engineering Services for the formation of UUAD No. 99 will include updating the database for the new boundaries and the current Assessor's Parcel Roll, updating the Boundary Map, • Assessment Diagram, and the Engineer's Report, and full notice and balloting services for the revived proposed district. Harris & Associates will also conduct property owner information meetings and all services after formation of the District as outlined in the current Scope of Services. Southern California Edison (SCE) and AT &T are responsible for the design of their utilities. In order to initiate the redesign of these facilities, the City must remit $33,100 to AT &T. SCE is not requesting additional design funds. 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. Environmental Review: This project qualifies for a Class 2 California Environmental Quality Act (CEQA) exemption under Section 15302, item "d" of the Implementing Guidelines as follows: "Conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding." Public Notice: Not applicable. • • • Assessment District No. 01 Approval of Amendment No. 2 to Professional Ser191 Agreement with Harris & Associates February 12, 2008 Page 3 Funding Availability: Aside from the Assessment Engineering and AT &T cost, staff anticipates minor expenses in preparation of the revised District. For example, AT &T has identified the need for an easement off 20th Street and the City may need to employ the services of a land surveyor and /or easement expert. Staff anticipates approximately $10,000 in incidental costs. Upon approval of the budget amendment, funds will be available in the following account to cover the not -to- exceed costs authorized by Amendment No. 2 to the Professional Services Agreement with Harris & Associates, AT &T re- design costs and incidentals. Account Description Assessment District No. 99 Prepared by: * Alfr d Castanon Associate Civil Engineer Account Number Amount 74099 -9812 $75,000 Submitted by: :n G. Badum Works Director Attachments: Exhibit "A" Revised Boundary Map of Proposed District No. 99 Amendment No. 2 Budget Amendment NY. � PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT No. 99 (BALBOA BOULEVARD ALLEY) CITY OF NEWPORT BEACH, COUNTY OF ORANGE 4y' STATE OF CALIFORNIA I� -NORTH OF BALBOA ZONE SHEET 4 BLw SOUTH OF BALBOA ZONE 9 i SHEET 6 NOT TO SCALE EXHIBIT "A" — ASSESSOR'S PARCEL UNE ^ ^•^ LO1 LINE ASSESSMENT ClSTRICT BOUNDARY --'- MACT LINE CENTERLINE I LOl NUMBER N.A.P. BDT A PART EP AWESS LRT O5MNT Hp°�rrn�gp�[ 33 i0tE5 cIVII RU 6eAS E'CBS J, DECURC PN . RPM IK AVNF. BA 13611.,705 BALE w/BB/BB I S v = N 6 • 0 i • • AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH HARRIS AND ASSOCIATES FOR PROPOSED ASSESSMENT DISTRICT NO. 99 THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of , 2008, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City") and HARRIS AND ASSOCIATES, a California corporation whose address is 34 Executive Park, Suite 150, Irvine, California, 92614 -4705 ( "Consultant "), and is made with reference to the following: RECITALS A. On January 14, 2003, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "Agreement", for Assessment Engineering services for Proposed Assessment District No. 99, hereinafter referred to as "Project ". This Agreement was scheduled to expire on October 31, 2005. • B. On May 89', 2007, City and Consultant entered into Amendment No. 1 of the Agreement to reflect services not included in the Agreement and to extend the term of the Agreement to December 31, 2008. C. City desires to enter into this Amendment No. 2 to reflect additional services not included in the previous Amendment and to extend the term of the Agreement to June 30, 2010. D. City desires to compensate Consultant for additional professional services needed for Project. E. City and Consultant mutually desire to amend agreement, hereinafter referred to as "Amendment No. 2 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall be compensated for additional engineering services for the Revised Underground Utility Assessment District No. 99 performed pursuant to this Amendment No. 2 according to the letter dated January 18, 2008, attached hereto. • 2. Total additional compensation to Consultant for services performed pursuant to this Amendment No. 2 for all work performed in accordance with this Amendment, including all reimbursable items and suboonsultant fees, shall not exceed Twenty Eight Thousand Four Hundred and Fifty Dollars ($28,450.00). 3. The term of the Agreement shall be extended to June 30, 2010. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on the date first above written. APPROVED AS TO FORM: By. rte_ r ` . Aaron Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor for the City of Newport Beach HARRIS AND ASSOCIATES: Title: Senior Project Manager Print Name: Joan E. Cox By: (Corporate Officer) Title: Sr. Vice President Print Name: Jeffrey MJeffrey M. Cooper Attachment: Letter — Request for Additional Authorization Dated January 18, 2008 F: IUsers\PBWlShared\AgreementslFY 07- 081HARRIS & ASSOC- Amendment 2.doc F- -I LJ • • 0 • 0 January 18, 2008 Mr. Mike Sinacori Assistant City Engineer City of Newport Beach 3300 Newport Avenue Newport Beach, CA 92658 Re: Fee Proposal for Additional Assessment Engineering Services for Revised Underground Utility Assessment District No. 99 Dear Mike, 0 r ate` 9 a s Ptngtam moogels CoPSbticEieit'iiFaPagets Civil (`PgIP�iE,fS The following is our additional authorization request for Revised Underground Utility Assessment District (QUAD) No. 99, which is being changed to remove all parcels north of Balboa Blvd except 19'k Street and most parcels south of Balboa Blvd and east of 20s' Street, Assessment Engineering Services for the formation of WAD No. 99 will include updating the database for the new boundaries and the current Assessor's Parcel Roll, updating the Boundary Map, Assessment Diagram, and the Engineer's Report, and full notice and balloting services. Additionally, property owner information meetings will need to be conducted and all services after formation as outlined in our current Scope of Services. Phase t —Petition Confirmation ........................................................... ............................... $0 • Phase 2 — Engineer's Report and Formation Proceedings ........ ............................... $24,000 .......................................................... .................. I............................ plus envelopes and postage* Phase 3 —Assessment Confirmation and Bond Sale ........................... ......................... $5,000 .......................................................................... ............................... plus envelopes and postage* Phase 4 — Property Owner Coordination after Formation (Optional) .................... $24,000 Total Requirement for Scope of Services = $53,000 Current Remaining UUAD No. 99 Budget= $24,550 otal Additional Authorization Re uired = $28 45 Indirect expenses (such as mileage, duplicating and postage) are included in the fees shown above except as noted. * Official city #10 window envelopes and the cost for postage for the ballot package are to be provided to Harris one -week prior to the mailing date. Harris & Associates will provide a cost/value analysis for out - sourcing the noticing to a mail -house for production, folding, stuffing and mailing. Invoices will be submitted monthly for services provided in the previous month and shall be paid within 30 days of receipt in accordance with our existing contract and in accordance with Harris' current schedule of hourly rates. Any mail -house services for notice/ballot production (for bar- coding, folding, and stuffing the notices and ballots into envelopes for mailing) will be invoiced at cost plus 15 %. • Our current Schedule of Hourly Rates is shown below. Q:TroposaWNewport BeachW991AD99 take 2 addl fee doc Mr. Mike Sinacori City of Newport Beach January 18, 2008 Page 2 0 HARRIS & ASSOCIATES 2008 SCHEDULE OF HOURLY RATES Project Manager ............ Deputy Project Manager Senior Project Analyst... Project Analyst .............. Sr. Drafting Technician. Clerical Staff ................. .$230 / hour 32 / hour .$100 / hour ... $75 / hour .$110 / hour ... $65 / hour * These hourly rates may be updated on an annual (calendar year) basis. Hourly rates incl most direct costs such as vehicle usage and mileage, equipment usage (including computers), and printing and copying except as noted above. Mail -house services will be billed at cost plus 15 %. Attached is a Fee Schedule Amendment #2 reflecting the above. Our team is excited about the opportunity to continue working with the City of Newport Beach on this challenging project. We would welcome the opportunity to meet with you to discuss any aspect of our technical or fee proposal. If you have any questions regarding this proposal, please call me at 949.655.3900 ext. 337. Sincerely, Harris & Associates Joan E. Cox, PE Senior Project Manager Financial Engineering Attachment Q VroposalsNewport Beach\adMAD99 take 2 add] fee.doc I Harris & Associates. • r1 • Assessment Engineering Services Amendment 42 — EXHIBIT "B° • Proposed Assessment District No. 99 Fee Schedule FEE SCHEDULE — AMENDMENT #2 The following fees are being amended based on the additional work required to be performed due to revising the boundaries of Assessment District No. 99 after receiving a majority protest with the original boundaries and going through the full formation proceedings with the parcels in the updated boundaries. Phase t — Petition Sufficiency TasksI through 5 ............................................................................... ............................... no change Phase 2 — Engineer's Report and Formation Proceedings Tasks 6 through 19 ......................................................... ............................... add additional $24,450 Phase 3 - Assessment Confirmation and Bond Sale Tasks 20 through 24 ........................................................................... ............................... no change Phase 4 - Property Owner Coordination after Formation (Optional) Tasks 25 through 33 ......................................................... ............................... add additional $4,000 Total Additional Fee = $28,450 • These time & material estimates and the time & material rates shown below include most indirect costs such as vehicle usage and mileage, equipment usage (including computers), and printing and copying, and are based on the assumption that the Assessment District will be formed prior to December of 2008. Harris' current schedule of hourly rates are provided below. SCHEDULE OF HOURLY RATES Project Manager .............. ............................... $230 / hour Deputy Project Manager . ............................... $210 / hour Senior Project Engineer ........................$140 - 180 / hour Project Engineer ............. ............................... $130 / hour Junior Project Engineer ........................$95 - $110 / hour Senior Project Analyst ..........................$95 - $100 /hour Senior Drafting Technician ..................$90 - $110 / hour Project Analyst ............ ............................$75 -$85 / hour Clerical Staff ..................... ............................... $65 / hour These hourly rates may be updated on an annual (calendar year) basis. Hourly rates include most direct costs such as vehicle usage and mileage, equipment usage (including computers), and printing and copying except as noted above. Mail -house services will be billed at cost plus 15 %. r1 �i QAProposalMewport Beach%ad991AD99 take 2 add[ feeAm Page B -1 Modified January 18, 2008 CS'( of Newport Beach • NO. BA- 08BA -045 ' BUDGET AMENDMENT 2007 -08 AMOUNT: $75,000.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations for engineering costs associated with Assessment District No. 99. The General Fund will advance these funds and will be reimbursed by the district should it be formed. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 4099 3605 REVENUE ESTIMATES (3601) Fund/Division Account EXPENDITURE APPROPRIAT IONS (3603) Description AD #99 - Fund Balance Descri ption Description Division Number 74099 Assessment District No. 99 Account Number 9812 AD Assessment Engineering Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: { Fi ancigl Approval: Adminis tive services Director Signed: j Administrative Ap oval: City Manager Signed: Amount Debit Credit $75,000.00 $75,000.00 (atD e f� i�r /f p City Council Approval: City Clerk Date • 0 0 c,- 5545 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH HARRIS AND ASSOCIATES FOR PROPOSED ASSESSEMENT DISTRCT NO. 99 THIS AMEND ENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this M& day of , 2007, by and between the CITY OF NEWPORT BEACH, a municipal cg poration, (hereinafter referred to as "City ") and HARRIS & ASSOCIATES, INC., a California Corporation whose address is 34 Executive Park, Suite 150, Irvine, California, 92614 -4705 ( "Consultant "), and is made with reference to the following: RECITALS A. On January 14, 2003, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "Agreement", for Assessment Engineering services for Proposed Assessment District No. 99, hereinafter referred to as "Project". This Agreement is scheduled to expire on October 31, 2005. B. City desires to enter into this Amendment No. 1 to reflect additional services not included in the Agreement and to extend the term of the Agreement to December 31, 2008. C. City desires to compensate Consultant for additional professional services needed for Project. D. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 1", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: Consultant shall be compensated for services performed pursuant to this Amendment No. 1 according to "Exhibit A" attached hereto. Total additional compensation to Consultant for services performed pursuant to this Amendment No. 1 for all work performed in accordance with this Amendment, including all reimburseable items and subconsultant fees, shall not exceed Ten Thousand Dollars and no1100 ($10,000.00). 3. The term of the Agreement shall be extended to December 31, 2008. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: By: C� �-- Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk Attachment: Exhibit A f:\users\pbw\shared\agreements\fy 06-07\harris-ad 99 -amend 1.doc CITY OF NEW RT BEACH, A MtrrF l Comdration By: Mayor for the City of Newport Beach CONSULTANT: By: 4//4 orporate Offi ler) Title: 'e V i!_Q PrPS 1 QA Print Name:A, p�c.e 1 Title: foe. ,A -,A^ G6 Print Name: J'o,f,., C. cc)�< r Assessment Engineering Sees *Amendment #1- EXHIBIT A Proposed Assessment District No. 99 Fee Schedule FEE SCHEDULE - AMENDMENT #1 The following fees are being amended based on the additional work required to be performed due to: • Added two optional areas for petition review incorporating approximately 50 properties; • Added approximately 60 properties to the originally anticipated 185 properties; Original proposal anticipated Assessment District formation by December 2002. Phase 1- Petition Sufficiency TasksI through 5 ............................................... ............................... Phase 2 - Engineer's Report and Formation Proceedings Tasks6 through 19 ............................................. ............................... Phase 3 - Assessment Confirmation and Bond Sale Tasks20 through 24 ........................................... ............................... Phase 4 - Property Owner Coordination after Formation (Optional) Tasks 25 through 33 ......................... add additional $2,000 .....add additional $8,000 ....... no change no change Total Additional Fee = $10,000 These time & material estimates and the time & material rates shown below include most indirect costs such as vehicle usage and mileage, equipment usage (including computers), and printing and copying, and are based on the assumption that the Assessment District will be formed prior to December of 2007. Harris' current schedule of hourly rates are provided below. SCHEDULE OF HOURLY RATES Project Director ............................. Project Manager ............................ Deputy Project Manager ............... Senior Project Engineer ................ Project Engineer ............................ ......$230 / hour ......$200 / hour ...... $200 / hour ......$150 / hour ......$130 / hour Junior Project Engineer ....... ...........................$110 / hour Senior Project Analyst ...... ............................... $95 / hour Senior Drafting Technician ............................ $100 / hour Project Analyst .................. ............................... $85 / hour Clerical Staff ........................ ............................$65 / hour These hourly rates may be updated on an annual (calendar year) basis. F:\ Users \PBW\Shared\COUNCIL\FY06 -07\05-08\AD99 \99 ammdl "h_B.dm Page B -1 Mod ' . . . C -3595 - PROFESSIONAL SERVICES AGREEMENT FOR ASSESSMENT ENGINEERING SERVICES FOR PROPOSED ASSESSMENT DISTRICT NO. 99 THIS AGREEMENT, entered into this A day of 003, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City"), and Harris & Associates, 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 City. B. City is planning to implement Proposed Assessment District No. 99 ( "Project"). C. City desires to engage Consultant to perform services for the formation of Assessment District No. 99, which encompasses approximately 200 parcels of land in an area bounded by McFadden Place, Balboa Boulevard, 140' Street, and Ocean Front West upon the terms and conditions contained in this Agreement. D. The principal members of Consultant for purpose of Project are: Joan E. Cox, PE, Project Manager; Jeffrey M. Cooper, PE, Project Director, Dennis A. Anderson, Project Engineer, and Valarie G. Hall, Project Analyst. -1- 0 0 E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and 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 , 2003, and shall terminate on the 31st day of October 2005, 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" 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 City. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the total contract price of Fifty Five Thousand Dollars ($55,000). -2- n 0 0 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. 3.2 Consultant shall submit monthly progress invoices to City payable by City within thirty (30) days of receipt of invoice. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B °. 3.4 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. 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. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's -3- '1 • 0 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 to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. If Consultant is performing inspection or construction management services for the City, the assigned staff shall be equipped with a Nextel Plus type cellular/direct connect unit to communicate with City Staff; consultant's Nextel Direct Connect I.D. Number will be provided to City to be programmed into City Nextel units, and vice versa. Consultant further represents 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, acts of God, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 4.3 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or charge of, and shall not be responsible for Project's design, Project's contractor (hereinafter referred to as "Contractor"), construction means, methods, techniques, sequences or procedures, or for 13 0 any health or safety precautions and programs in connection the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 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 and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION 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 Consultant on Project. -5- 9 0 0 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Joan Cox to be its Project Manager. Consultant shall not bill any personnel to 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 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 Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. C. 0 0 0 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant shall 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 Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS 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 to the extent caused by negligent acts or -7- 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 sole negligence or willful misconduct of City, its 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, and employees as additional insured for all liability arising from Consultant's services as described herein. Insurance policies with original certificates and endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of Califontia and assigned Best's A- VII or better rating: A. Worker's compensation insurance, including 'Wavier of Subrogation" clause, covering all employees and principals of Consultant, per the laws of the State of California. M z. 0 0 B. Commercial general liability insurance original certificate . and endorsement (which includes additional insured and primary and non- contributory wording), 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, including additional insured (and primary and non - contributory wording for waste haulers only), 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 ($100,000). 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 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 in II 0 • 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, which Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, 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 co- tenant if Consultant is a partnership or joint - venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty-five percent (25 %) or more of the assets of the corporation, partnership or joint-venture. -10- 13 • • 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 speck 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, fumish 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 City authorizes the release of information, expect that Consultant may release information when necessary during the course and scope of its work when required to do so by law, i.e. subpoena. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this -11- la- 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 (DWG) compatible format. 18. ADMINISTRATION The Public Works Department will administer this Agreement. Patrick Arciniega shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. -12- J� 0 19. RECORDS 0 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 -13- 16 0 0 additional design, construction and /or a restoration expense shall be bome 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 Project. 23. CONFLICTS OF INTEREST A. 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 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. -14- II 0 0 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Joan Cox Hams & Associates 34 Executive Park, Suite 150 Irvine, CA 92614 -4705 (949) 655 -3900 Fax: (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, S&I is • • specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. 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. 28. 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. Consultant and City will use reasonable care to comply with applicable laws in effect at the time services are performed hereunder which, to the best of their knowledge, information and belief, apply to their respective obligations under this Agreement. -16- ,% 0 0 29. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her 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. 30. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All drawings shall be transmitted to the City in the City's latest adopted version of AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in the City's latest adopted version of Microsoft Word and Excel. 31. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and 5VA Z� IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: 1 1 � ATTEST: By: A Ue-7-9 City Clerk CITY OF NEWPORT BEACH A Municipal Corporation HARRIS & ASSOCIATES By: Title: f}s SoGi.g z f:\users\pbw\shared\agreements\fy 02-03\harris & assoc-ad 99.doc ow Assessment Engineering SeAs 41 EXHIBIT "A" Proposed Assessment District No. 99 Scope of Services SCOPE OF SERVICES The following is our scope of services for the formation of Assessment District No. 99, which encompasses approximately 200 parcels of land with mixed uses (residential, commercial and institutional) in an area bounded by McFadden Place, Balboa Boulevard, 14th Street and Ocean Front West. This scope assumes the assessment district will be formed under the authority of the Municipal Improvement Act of 1913. Therefore, all elements required by the 1913 Act and Article XIIID of the California Constitution (Proposition 218), as well as the provisions of the Debt Limitation Act of 1931, will be provided to the City, including an Engineer's Report that utilizes an appropriate assessment methodology for apportioning the costs to all properties receiving "special benefits" from the undergrounding of overhead utilities. The Engineer's Reports will be prepared and signed by a registered Professional Civil Engineer. The Scope of Services is broken into 3 distinct phases. Phase 2 will not commence until the City has received sufficient petitions (60 percent) from the property owners, and Phase 3 will not commence unless the City Council acts to establish the Assessment District. We have also provided an optional Phase 4, which provides property owner coordination during construction. Phase 1— Petition Confirmation 1. In conjunction with the City staff, determine proposed assessment district boundary. 2. Obtain and utilize the Orange County Assessor's property owner information to create a property owner database that will be used for petition confirmation, required mailings and assessment spread. 3. Prepare a 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 address, tract and lot number, 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 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. (Assumes 3 riieetings.) 8. Prepare the Boundary Map and the Assessment Diagram for the Assessment District from an electronic base map supplied by the City. 0 Harris & Associates \\Ia2\Data\Proposals\Newport Beach\ad99\99 exh_A scope.doc Page A -I 2L Assessment Engineering Secks • EXHIBIT "A" Proposed Assessment District No. 99 Scope of Services 9. Prepare the draft Preliminary Engineer's Report in accordance with the 1913 Act, the 1931 Act and 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. Finalize the Preliminary Engineer's Report, including apportionment and method of assessment distribution, based on comments received. 11. File Preliminary Engineer's Report with Superintendent of Streets. / 12. Attend the City Council meeting at which Resolution of Intention and Preliminary Engineer's Report are considered and Public Hearing is set (includes 1 meeting). 13. Prepare Boundary Map for recordation and record. 14. Prepare the Notices of Public Hearing and Assessment Ballots, including the property owner's name and mailing address, Assessor's parcel number and preliminary assessment amount, for mailing to all assessed property owners of record within the proposed district. Work will be performed in accordance with the 1913 Act and Proposition 218. This scope assumes Special Council and the City will review and approve the contents of the Notice and that the City will provide the envelopes and postage for mailing. Prepare a written declaration that this task has been completed. 15. Prepare Confirmed Engineer's Report in which the confirmed assessment spread is based on final approved estimate of fees to be financed, including incidental and financing costs. 16. File Confirmed Engineer's Report with the Superintendent of Streets. , IT Attend a property owner information meeting to discuss preliminary assessments. ' 18. Attend the City Council meeting at which the Public Hearing is conducted to provide technical support and answer questions. Tabulate the assessment ballots after the close of the public hearing and present the results to the City Council (includes 1 meeting). 19. Make revisions to the Engineer's Report as ordered by the City Council. fi Harris & Associates \VA202taTmposalsWewport Beach\ad99V9=h_Ascope.doc Page A -2 zh Assessment Engineering Serf EXHIBIT "A" Proposed Assessment District No. 99 Scope of Services Phase 3 - Assessment Confirmation and Bond Sale 20. Prepare the Notice of Assessment, List of Assessed Property Owner Names and Assessment Diagram for recordation and record. 21. Prepare the Notice of Assessment, including the confirmed assessment amount as well as cash payoff amount, for mailing to all assessed property owners of record within the confirmed district. This scope assumes Special Council reviews the contents of the Notice and that the City will provide the envelopes and postage for the mailing. Prepare a written declaration that this task has been completed. 22. Prepare the List of Paid and Unpaid Assessments for use by the City. 23. Assist the City and project team with review of the Preliminary Official Statement and the Official Statement, and provide basic assessment engineering, as necessary, to bring the project to the point of initial bond sale. 24. 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 3 meetings.) Phase 4 - Property Owner Coordination after Formation (Optional) 25. Answer property owner questions relating to the underground district, service connections, building permits and all other miscellaneous questions related to the undergrounding. 26. Mailing No. 1: Mail letters to property owners telling them that the Edison contractor is starting work. 27. Mailing No. 2: Mail letters to property owners telling them that it is time to connect to the new underground system once Edison has completed installation of the underground conduits and vaults. 28. Research all returned letters to determine correct address and remail. 29. Keep accurate records to avoid multiple letters to homeowners. 30. Mailing No. 3: Mail follow -up letter about 2 months after Letter #2 was mailed to owners that have not pulled Electrical Permits. The Building Department will provide the Public Works Department with a list of those property owners that have been issued Electrical Permits. 31. Research all returned letters to determine correct address and rem". 32. Mailing No. 4: Mail follow -up letter about 2 months after Letter #2 was mailed to owners that have not pulled Electrical Permits. The Building Department will provide the Public Works Department with a list of those property owners that have been issued Electrical Permits. This letter will have a final conversion date with a statement of legal ramifications. 33. Work with City to get any stragglers to underground their services. This may require additional letters, most likely reviewed and approved by the City Attorney's office. Harris & Associates \V. Mata\Proposals\Newport BeachW99\99 exh_A scope.doc Page A -3 24 • Assessment Engineering SeAs • EXHIBIT "A" Proposed Assessment District No. 99 Scope of Services 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 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, including an electronic base map of the proposed Assessment District. 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. i7 Harris & Associates 1U.a21Dam\Pmposa1sWewpat Be MadW99 exh A scope.doc Page A4 1� Assessment Engineering SeAs EXHIBIT "A" Proposed Assessment District No. 99 Scope of Services Tentative Schedule The following schedule is an estimated timeline of project tasks and is based on receiving final cost estimates for the improvements in late December, 2002. Task Est. Date I Aug IS ep Oct I Nov I Dec I Jan I Feb I Mar I Apr I Mayi Jun Notice to Proceed mid Aug -02 Define Proposed District Boundary late Aug -02 Research and Prepare Database mid Sep -02 Report and Certify Petition Sufficiency late Sep -02 Utility Design Process thru late Dec -02 Prepare Boundary Map & Asmt Diagram mid Nov -02 Prepare 1st Draft Prel. Engineer's Report early Dec -02 Review 1st draft Comments with Project Team mid Dec -02 Receive Revised Cost estimates from Utilities by late Dec -02 �. Prepare 2nd Draft Prel. Engineer's Report mid Jan -03 Review Comments with Project Team late Jan -03 Submit Prel. Engineer's Report 7- Feb -03 Resolution of Intention 26- Feb -03 Notice /Ballot Production and Mailing by 7- Mar -03 45 Day Noticing Period thru 22- Apr -03 :< Property Owner Information Meeting late Mar -03 Submit Final Engineer's Report 4- Apr -03 Public Hearing 22- Apr -03 Notice of Asmt Production and Mailing early May -03 30 Day Cash Collection Period thru early Jun -03 compilation of Paid/Unpaid List mid Jun -03 U Harris & Associates VLa2\Data\Proposa1sWcwport Bmch\ad99199 exh A scope.doc Page A -5 2(' Assessment Engineering SAS • EXHIBIT "B" Proposed Assessment District No. 99 Fee Schedule FEE SCHEDULE The following fee estimates are provided based on the Scope of Services described in Exhibit "A ": Phase 1— Petition Sufficiency Tasks 1 through 5 . ............................... ...........................Time & Materials, estimated at $4,000 Phase 2— Engineer's Report and Formation Proceedings Tasks 6 through 19 ............................ ...........................Time & Materials, estimated at $26,000 Phase 3 - Assessment Confirmation and Bond Sale Tasks 20 through 24 ............................ ...........................Time & Materials, estimated at $5,000 Phase 4 - Property Owner Coordination after Formation (Optional) Tasks 25 through 33 .......................... ...........................Time & Materials, estimated at $20,000 These time & material estimates and the hourly rates shown below include most indirect costs such as vehicle usage and mileage, equipment usage (including computers), and printing and copying, and are based on the assumption that the Assessment District will be formed prior to December of 2002. Harris' current schedule of hourly rates are provided below. If the City chooses to have Harris mail the notices, reimbursement for postage will be billed at cost plus 10 %. Invoices will be submitted monthly for services performed in the previous month. Undisputed invoices will be paid within 30 days of receipt in accordance with a professional services agreement. SCHEDULE OF HOURLY RATES Project Director ............... ............................... $200 / hour Project Manager .................. ...........................$170 / hour Sr. Project Engineer ........ ............................... $150 /hour Project Engineer .................. ...........................$120 / hour Junior Project Engineer ..... ............................... $90 ! hour Sr. Project Analyst ............... ............................$80 / hour Sr. Drafting Technician ..... ............................... $95 / hour Project Analyst ..................... ............................$70 / hour Clerical Staff ..................... ............................... $60 / hour These hourly rates may be updated on an annual (calendar year) basis. ii Harris & Associates QVropwalMewport BeachW99V9 exh_B fee.doc Page B -1 21 HARRAND -01 GADI -AC-ORD. CERTIFICAT F LIABILITY INSURA E zrlsizoo0s ) PRODUCER (510) 547 -3203 Diversified Risk Insurance Brokers License #0529776 5900 Christie Avenue Emeryville, CA 94608 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Harris and Associates Inc. Attn: Tracy Rapozo 120 Mason Circle Concord, CA 94520 -1238 INSURERA: Evanston Insurance Co. INSURER B: Royal Insurance Co. of America INSURER C: Steadfast Insurance Co. 'SURER o- Alaska National Insurance Company INSURER E: Continental Casualty Co. COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LR�11TS , GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 FIRE DAMAGE (Any weilre) $ 50000 A X COMMERCIAL GENERAL LIABILITY 02PKGO0743 81112002 8/112003 CLAIMS MADE � OCCUR MED EXP (Any one person $ 5,00 PERSONAL B ADV INJURY $ 1100000 X "X" °f.° ..U° X Severability of Interest GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG $ 200000 POLICY X PRO LOC B AUTOMOBILE X LIABILITY ANY AUTO PST414719 8/112002 811/2003 COMBINED SINGLE LIMIT (Ea amidut) $ 1'000'00 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per awidwt) $ HIRED AUTOS NON-OWNED AUTOS X PROPERTYDAMAGE (PerawUmt) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ 6,000.00 AGGREGATE $ 5,000,000 C X OCCUR �CLAIMSMADE AUC- 9305561 -00 8/1/2002 61112003 $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND X I WC IATU 'E R E.L EACH ACCIDENT $ 1,000,000 FMPLOYERWIUABILTTY 02HW040007 811/2002 81M003 E.L DISEASE - EA EMPLOYEE $ 1,000,000 E. DISEASE - POLICY LIMIT L. $ 1,000,000 OTHER E Professional Liability AEA113822501 811/2002 8/112003 Per Claim: 5,000,000 E See Remarks" AEA113822501 811/2002 8/1/2003 re ate: 5,000.00 DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/EXCLUSN)NS ADDED BY ENDORSEMENTISPECIAL PROVISIONS In the event of cancellation for non - payment of premium, a 10 day notice will apply. Re: Assessment District 99 (H&A #022 -0250.01) Waiver of Subrogation Is Included as respects Workers' Compensation. CERTIFICATE HOLDER I I ADDITIONALINSURED: INSURER LETTER CANCELLATION ACORD 25 -S (7197) © ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Newport Beach DATE THEREOF, THE ISSUING INSURER WILLXl*)0fi MMA1L 30 DAYS WRITTEN Attn: Patrick Arciniega 3300 Newport Blvd. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Newport Beach, CA 92658 -8915 AUTHOWED REPRESENTATN , ACORD 25 -S (7197) © ACORD CORPORATION 1988 REMARKS RAND -01 GADI PAGE 1 OF 1 Professional Liability " As respects PROFESSIONAL LIABILITY Coverage: 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 the policy. EMENOW POLICY #: 02PKGO0743 • INSURED: Harris and Associates Inc. COMERCIAL GENERAL LIABILITY 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 Re: Assessment District 99 (H&A #022 -0250.01) (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 1185 0 POLICY #: PST414719 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 modified 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: 02118/03 Named Insured: Harris and Associates Inc. Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): City of Newport Beach, its elected officials, officers, and employees Re: Assessment District 99 (H &A #022- 0250.01) (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. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 0 0 Alaska National INSURANCE COMPANY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -- CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) Person or Organization You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule City of Newport Beach, its elected officials, officers and employees Job Description Assessment District 99 (H&A #022 - 0250.01) This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Endorsement Effective Insured Harris and Associates, Inc. Countersigned Byl WC 04 03 06 04 84 Policy No. 02HWD40007 Endorsement No. Rooks, Shari From: Farley, Lauren Sent: Monday, February 24, 2003 11:55 AM To: Rooks, Shari Subject: RE: Insurance Carts for Harris & Associates approved - - -- -Original Message- - From: Rooks, Shari Sent: Monday, February 24, 2003 11:49 AM To: Farley, Lauren Cc: Oyler, Shauna Subject: Insurance Cents for Harris & Associates 0 Hi Lauren, I have the insurance certs from Harris & Associates (consultant) and they look good except for a minor item that I wanted to run past you for approval. Their GL carrier is Evanston Insurance Company and they are not admitted, but they have an A X rating. Will you sign off on that one? Thanks, Shari Rooks Public Works 5pecialist (, C12 iD "q b *o4 beer• -0-/n lit 0"'-Uv� PaWk'2 1 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT TO: Mayor And Members Of The City Council FROM: Public Works Department Patrick Arciniega, Junior Engineer 949 - 644 -3311 parciniega@city.newport-beach.ca.us C (Li 0l�q) Agenda Item No. 9 January 14, 2003 JAN 14 2003 6A-03ka SUBJECT: REQUEST FOR FUNDING FOR PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 99 (ALLEY BOUNDED BY MCFADDEN PLACE, BALBOA BOULEVARD, le STREET, AND OCEAN FRONT WEST) RECOMMENDATIONS: Authorize a Budget Amendment to appropriate $100,000 in the Assessment District Capital Project fund to proposed Assessment District No. 99, Account No. 7401- 05200707. 2. Authorize the City Manager to execute a Professional Services Agreement with Hams & Associates in an amount not to exceed $55,000 for assessment engineering and district coordination services. DISCUSSION: Owners of property located in the Proposed Assessment District No. 99 have submitted petitions to the City requesting a special assessment district be formed to underground overhead utilities. 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 properly owners and then submitted the signed petitions to the City. The petition signatures represent approximately 61 percent of the assessable area within the proposed district. The City has typically established 60 percent as a minimum in order to proceed with the formation of a district. • 0 SUBJECT: REQUEST FOR FUNDING rOR PROPOSED UNDERGROUND ASSESSMENI DISTRICT NO. 99 (ALLEY BOUNDED BY MCFADDEN PLACE, BALBOA BOULEVARD, 14- STREET, AND OCEAN FRONT WEST) January 14, 2003 Page 2 In anticipation the district would move forward, Staff prepared a Professional Services Agreement for Hams & Associates to provide assessment engineering services. Hams & Associates' project team negotiated a fee of $35,000 for services, with an optional fee of $20,000 for coordination of the district once it has been formed. Their total fee is not to exceed $55,000 for the entire scope of work. The assessment engineering services to be provided by Harris & Associates are detailed in the Professional Services Agreement and include identifying, analyzing, and determining the correct apportionment of costs in addition to preparing the Assessment Engineer's Report. Harris & Associates will also 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 to Edison and $30,000 to 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. Environmental Review: This project qualifies for a Class 2 California Environmental Quality Act (CEQA) exemption under Section 15302, item "d" of the Implementing Guidelines as follows: "Conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding." Public Notice: Not Applicable. Funding Availability: The City is reimbursed for assessment districts expenses upon the sale of bonds. Prepared by: Submitted by: C <d z Patrick Arciniega Stephen G. Baduffi Junior Engineer Public Works Director Attachments: Exhibit "A", Boundary Map of Proposed District Professional Services Agreement PROPOSEb ASSESSEMENT DISTRICT NO.99 AREA BOUNDEDIBY MCFADDEN PLACE, BALBOA BOULEVARD, 14TH STREET, AND OCEAN FRONT WEST. POLES TO BE REMOVED O POL ES TO REMAIN IN PLACE -- GUT( WIRE TO BE REMOVED OV�RHEAD LINES TO BE REMOVED - - - - - - - OV�RHEAD LINES TO REMAIN IN PLACE Pg. 1 I AREA B 0 BOUNDARY OF PROPOSED ASSESSEMENT DISTRICT - I ASSESSEMENT DISTRICT NO.99 BY MCFADDEN PLACE, BALBOA BOULEVARD, 14TH STREET, AND OCEAN FRONT WEST, POLES TO BE REMOVED POLES TO REMAIN IN PLACE GUY WIRE TO BE REMOVED OVERHEAD LINES TO BE REMOVED - - - - - - - OVERHEAD LINES TO REMAIN IN PLACE LOT HAS ALREADY PAID TO HAVE OVERHEAD LINES UNDERGROUND SCE WORK ORDER # 6533 - 7112 -E7105 -m PROFESSIONAL SERVICES AGREEMENT FOR ASSESSMENT ENGINEERING SERVICES FOR PROPOSED ASSESSMENT DISTRICT NO. 99 THIS AGREEMENT, entered into this day of 2003, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City "), and Harris & Associates, 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 City. B. City is planning to implement Proposed Assessment District No. 99 ( "Project'). C. City desires to engage Consultant to perform services for the formation of Assessment District No. 99, which encompasses approximately 200 parcels of land in an area bounded by McFadden Place, Balboa Boulevard, 14' Street, and Ocean Front West upon the terms and conditions contained in this Agreement.. D. The principal members of Consultant for purpose of Project are: Joan E. Cox, PE, Project Manager, Jeffrey M. Cooper, PE, Project Director, Dennis A. Anderson, Project Engineer, and Valarie G. Hall, Project Analyst. -1- J 0 E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and 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 , 2003; and shall terminate on the 31st day of October 2005, 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 W 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 City. Consultants compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the total contract price of Fifty Five Thousand Dollars ($55,000). -2- 0 i 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. 3.2 Consultant shall submit monthly progress invoices to City payable by City within thirty (30) days of receipt of invoice. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 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. 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. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's -3- • • supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents to . City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. If Consultant is performing inspection or construction management services for the City, the assigned staff shall be equipped with a Nextel Plus type cellular /direct connect unit to communicate with City Staff, consultant's Nextel Direct Connect I. D. Number will be provided to City to be programmed into City Nextel units, and vice versa. Consultant further represents 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, acts of God, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 4.3 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or charge of, and shall not be responsible for . Project's design, Project's contractor (hereinafter referred to as "Contractor'), construction means, methods, techniques, sequences or procedures, or for r' • 0 any health or safety precautions and programs in connection the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractors schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 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 and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION 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 Consultant on Project. -5- q • 9 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Joan Cox to be its Project Manager. Consultant shall not bill any personnel to 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 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 Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. la rr� • • 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant shall 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 Project proceeds in a manner consistent with City goals and policies. - 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS 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 to the extent caused by negligent acts or -7- 0 0 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 sole negligence or willful misconduct of City, its 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 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 Rrior 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, and employees as additional insured for all liability arising from Consultant's services as described herein. Insurance policies with original certificates and endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and assigned Best's A- VII or better rating; A. Worker's compensation insurance, including 'Wavier of Subrogation" clause, covering all employees and principals of Consultant, per the laws of the State of California. to 0 • B. Commercial general liability insurance original certificate • and endorsement (which includes additional insured and primary and non- contributory wording), 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, including additional insured (and primary and non - contributory wording for waste haulers only), 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 ($100,000). 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 City prompt and timely notice of claim made or suit instituted arising but 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 W 19 0 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, which Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, 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 co- tenant if Consultant is a partnership or joint - venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power,. or twenty-five percent (25 %) or more of the assets of the corporation, partnership orjoint - venture. -10- • 0 1S. 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 City authorizes the release of information, expect that Consultant may release information when necessary during the course and scope of its work when required to do so by law, i.e. subpoena. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this -11- )A- • • 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 (DWG) compatible format. 18. ADMINISTRATION The Public Works Department will administer this Agreement. Patrick Arciniega shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. -12- i 19. RECORDS 0 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 -13- 0 • additional design, construction and /or a restoration expense shall be bome 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 Project. 23. CONFLICTS OF INTEREST A. 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 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. -14- 11 • 25. NOTICES C] All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 (949) 6443311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Joan Cox Hams & Associates 34 Executive Park, Suite 150 Irvine, CA 92614 -4705 (949) 655 -3900 Fax: (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, -15- IC • specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. 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. 28. 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. Consultant and City will use reasonable care to comply with applicable laws in effect at the time services are performed hereunder which, to the best of their knowledge, information and belief, apply to their respective obligations under this Agreement. -16- • 29. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her 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. 30. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All drawings shall be transmitted to the City in the City's latest adopted version of AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in the City's latest adopted version of Microsoft Word and Excel. 31. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and -17- �a 0 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: City Attorney ATTEST: By: City Clerk CITY OF NEWPORT BEACH A Municipal Corporation HARRIS & ASSOCIATES Title: f.VMrMpbw%zhareftgreementsNy 02- 031harris & assoc ad 99.doc aU- Zt Assessment Engineering Sees EXHIBIT "A" Proposed Assessment District No. 99 Scope of Services SCOPE OF SERVICES The following is our scope of services for the formation of Assessment District No. 99, which encompasses approximately 200 parcels of land with mixed uses (residential, commercial and institutional) in an area bounded by McFadden Place, Balboa Boulevard, 10 Street and Ocean Front West. This scope assumes the assessment district will be formed under the authority of the Municipal Improvement Act of 1913. Therefore, all elements required by the 1913 Act and Article 3IIID of the California Constitution (Proposition 218), as well as the provisions of the Debt Limitation Act of 1931, will be provided to the City, including an Engineer's Report that utilizes an appropriate assessment methodology for apportioning the costs to all properties receiving "special benefits" from the undergrounding of overhead utilities. The Engineer's Reports will be prepared and signed by a registered Professional Civil Engineer. The Scope of Services is broken into 3 distinct phases. Phase 2 will not commence until the City has received sufficient petitions (60 percent) from the property owners, and Phase 3 will not commence unless the City Council acts to establish the Assessment District. We have also provided an optional Phase 4, which provides property owner coordination during construction. Phase 1— Petition Confirmation 1. In conjunction with the City staff, determine proposed assessment district boundary. 2. Obtain and utilize the Orange County Assessor's property owner information to create a property owner database that will be used for petition confirmation, required mailings and assessment spread. 3. Prepare a 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 address, tract and lot number, 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 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. (Assumes 3 meetings.) 8. Prepare the Boundary Map and the Assessment Diagram for the Assessment District from an electronic base map supplied by the City. ii Harris & Associates 1VL 2\Dau\Pmposa lsWewpmBeach\3d99\99exh Ascope.doc PageA -1 7t 0 Assessment Engineering Services EXHIBIT "A" Proposed Assessment District No. 99 Scope of Services 9. Prepare the draft Preliminary Engineer's Report in accordance with the 1913 Act, the 1931 Act and 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. Finalize the Preliminary Engineer's Report, including apportionment and method of assessment distribution, based on comments received. 11. File Preliminary Engineer's Report with Superintendent of Streets. / 12. Attend the City Council meeting at which Resolution of Intention and Preliminary Engineer's Report are considered and Public Hearing is set (includes 1 meeting). 13. Prepare Boundary Map for recordation and record. 14. Prepare the Notices of Public Hearing and Assessment Ballots, including the property owner's name and mailing address, Assessor's parcel number and preliminary assessment amount, for mailing to all assessed property owners of record within the proposed district. Work will be performed in accordance with the 1913 Act and Proposition 218. This scope assumes Special Council and the City will review and approve the contents of the Notice and that the City will provide the envelopes and postage for mailing. Prepare a written declaration that this task has been completed. 15. Prepare Confirmed Engineer's Report in which the confirmed assessment spread is based on final approved estimate of fees to be financed, including incidental and financing costs. 16. File Confirmed Engineer's Report with the Superintendent of Streets. , 17. Attend a property owner information meeting to discuss preliminary assessments. 118. Attend the City Council meeting at which the Public Hearing is conducted to provide technical support and answer questions. Tabulate the assessment ballots after the close of the public hearing and present the results to the City Council (includes 1 meeting). 19. Make revisions to the Engineer's Report as ordered by the City Council. 0 Harris & Associates \\W\DataTToposals\Ncwpon Beach\ad99\99 exh_A scope.doc Page A-2 Assessment Engineering Services EXHIBIT "A" Proposed Assessment District No. 99 Scope of Services Phase 3 - Assessment Confirmation and Bond Sale 20. Prepare the Notice of Assessment, List of Assessed Property Owner Names and Assessment Diagram for recordation and record. 21. Prepare the Notice of Assessment, including the confirmed assessment amount as well as cash payoff amount, for mailing to all assessed property owners of record within the confirmed district. This scope assumes Special Council reviews the contents of the Notice and that the City will provide the envelopes and postage for the mailing. Prepare a written declaration that this task has been completed. 22. Prepare the List of Paid and Unpaid Assessments for use by the City. 23. Assist the City and project team with review of the Preliminary Official Statement and the Official Statement, and provide basic assessment engineering, as necessary, to bring the project to the point of initial bond sale. 24. 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 3 meetings.) Phase 4 - Property Owner Coordination after Formation (Optional) 25. Answer property owner questions relating to the underground district, service connections, building permits and all other miscellaneous questions related to the undergrounding. 26. Mailing No. 1: Mail letters to property owners telling them that the Edison contractor is starting work. 27. Mailing No. 2: Mail letters to property owners telling them that it is time to connect to the new underground system once Edison has completed installation of the underground conduits and vaults. 28. Research all returned letters to determine correct address and remail. 29. Keep accurate records to avoid multiple letters to homeowners. 30. Mailing No. 3: Mail follow -up letter about 2 months after Letter #2 was mailed to owners that have not pulled Electrical Permits. The Building Department will provide the Public Works Department with a list of those property owners that have been issued Electrical Permits. 31. Research all returned letters to determine correct address and remail. 32. Mailing No. 4: Mail follow -up letter about 2 months after Letter #2 was mailed to owners that have not pulled Electrical Permits. The Building Department will provide the Public Works Department with a list of those property owners that have been issued Electrical Permits. This letter will have a final conversion date with a statement of legal ramifications. 33. Work with City to get any stragglers to underground their services. This may require additional letters, most likely reviewed and approved by the City Attorney's office. H Harris & Associates %Va2\Data\Proposa1s\Newpcn BeachW!99199 exh_A scope.doe Page A -3 Assessment Engineering Services ENHIBIT "A" Proposed Assessment District No. 99 Scope of Services 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 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, including an electronic base map of the proposed Assessment District. 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. E! Harris & Associates \\1a2\Data%Proposa1sWe"cTt Beach\edM99 exh_A scope.doc Page A-4 1'i Assessment Engineering Se ues • EXHIBIT "A" Proposed Assessment District No. 99 Scope of Services Tentative Schedule The following schedule is an estimated timeline of project tasks and is based on receiving final cost estimates for the improvements in late December, 2002. Task Est. Date Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Notice to Proceed mid Aug -02 Define Proposed District Boundary late Aug -02 Research and Prepare Database mid Sep -02 Report and Certify Petition Sufficiency late Sep -02 Utility Design Process thru late Dec -02 - C. = °V s =a Prepare Boundary Map & Asmt Diagram mid Nov -02 Prepare 1st Draft Prel. Engineer's Report earl Dec -02 Review 1 st draft Comments with Project Team mid Dec -02 Receive Revised Cost estimates from Utilities by late Dec -02 Prepare 2nd Draft Prel. Engineer's Report mid Jan -03 Review Comments with Project Team late Jan -03 Submit Pre]. Engineer's Report 7- Feb -03 Resolution of Intention 26- Feb-03 NoticelBallpt Production and Mailing by 7- Mar -03 45 Day Noticing Period thru 22-Apr-03 Property Owner Information Meeting late Mar -03 Submit Final Engineer's Report 4- Apr -03 Public Hearing 22- Apr -03 Notice of Asmt Production and Mailing early May -03 30 Day Cash Collection'Period thru early Jun -03 [" Compilation of Paid /Unpaid List mid Jun -03 my M Harris & Associates \\La2\Dam%Proposals\Ncwport Beach\ad99\99 exh_A scope.dm Page A -5 7.� s Assessment Engineering Sees S EXHIBIT "B" Proposed Assessment District No. 99 Fee Schedule FEE SCHEDULE The following fee estimates are provided based on the Scope of Services described in Exhibit 'W': Phase t — Petition Sufficiency Tasks 1 through 5 Time & Materials, estimated at $4,000 Phase 2— Engineer's Report and Formation Proceedings Tasks 6 through 19 ............................ ...........................Time & Materials, estimated at $26,000 Phase 3 - Assessment Confirmation and Bond Sale Tasks 20 through 24 .................... Time & Materials, estimated at $5,000 Phase 4 - Property Owner Coordination after Formation (Optional) Tasks 25 through 33 .......................... ...........................Time & Materials, estimated at $20,000 These time & material estimates and the hourly rates shown below include most indirect costs such as vehicle usage and mileage, equipment usage (including computers), and printing and copying, and are based on the assumption that the Assessment District will be formed prior to December of 2002. Harris' current schedule of hourly rates are provided below. If the City chooses to have Harris mail the notices, reimbursement for postage will be billed at cost plus 10 %. Invoices will be submitted monthly for services performed in the previous month. Undisputed invoices will be paid within 30 days of receipt in accordance with a professional services agreement. SCHEDULE OF HOURLY RATES Project Director ................... ...........................$200 / hour Project Manager .............. ............................... $170 /hour Sr. Project Engineer ........ ............................... $150 / hour Project Engineer .................. ...........................$120 / hour Junior Project Engineer ........ ............................$90 / hour Sr. Project Analyst ............ ............................... $80 / hour Sr. Drafting Technician ..... ............................... $95 / hour Project Analyst .................. ............................... $70 / hour Clerical Staff $60 / hour These hourly rates may be updated on an annual (calendar year) basis. Harris & Associates Q.\Prop"sals\Newp= Beach\adW99 "h_B fez.doc Page B -1 * ;ty of Newport Beach BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Pq Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: NO. BA- 036 AMOUNT: $1oo,oaa.00 Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations related to Assessment District 99. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 400 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Description Assessment District Fund Balance Description Description 7401 Assessment District C5200707 Assessment Distric 99 Signed: Financial Approval: Signed: IG.. Administrative Apdi City Manager Director Amount Debit Credit $100,000.00 - $100,000.00 —/ Date / a3 D e Signed: City Council Approval: City Clerk Date O�ty of Newport Bead* BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Description Division Increase Revenue Estimates X Account Increase Expenditure Appropriations C5200707 Assessment Distric 99 Division Transfer Budget Appropriations SOURCE: Account Number from existing budget appropriations Number from additional estimated revenues X from unappropriated fund balance EXPLANATION: NO. BA- 036 AMOUNT: S1oo,o00.00 Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations related to Assessment District 99. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 400 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Assessment District Fund Balance Description gned: 3ned: fned: Approval: Director City Council Approval: City Clerk JAN 14 2003 Amount Debit Credit $100,000.00 Automatfc $100,000.00 Date / $ a3 / D �Z3 Date a Description Division Number 7401 Assessment District Account Number C5200707 Assessment Distric 99 Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number gned: 3ned: fned: Approval: Director City Council Approval: City Clerk JAN 14 2003 Amount Debit Credit $100,000.00 Automatfc $100,000.00 Date / $ a3 / D �Z3 Date a