HomeMy WebLinkAboutC-4025(C) - PSA for Assessment District Engineering and District Formation Services for Undergound Utilities Assessment District No. 103PROFESSIONAL SERVICES AGREEMENT WITH
HARRIS & ASSOCIATES, INC.,
FOR ASSESSMENT DISTRICT ENGINEERING AND DISTRICT FORMATION
SERVICES FOR UNDERGROUND UTILITIES ASSESSMENT DISTRICT NO. 103
THIS AGREEMENT is made and entered into as of this day of
2008, by and between the CITY OF NEWPORT BEACH, a Municiplal Corporation
( "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. 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 establish a Rule 20 -B Underground Utility Assessment District
No. 103 for the City of Newport Beach in accordance with Proposition 218
requirements, as described in Exhibit A.
C. City desires to engage Consultant to provide engineering and district formation
services for proposed Assessment District No. 103, which includes utility plan
reviews, preparation of an Engineer's Report, execution of a ballot vote in
accordance with Proposition 218 requirements, assessment confirmation, and
bond sales consultation pursuant to "Improvement Bond Act of 1915 ".
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Joan E.
Cox, P.E.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth 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 above written date, and shall
terminate on the 30th day of June, 2011, unless terminated earlier as set forth
herein.
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2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 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 that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed Sixty Three Thousand Nine Hundred Thirty Five and no /100
($63,935.00) without prior written authorization from City. No billing rate changes
shall be made during the term of this Agreement without the prior written
approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and/or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
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reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and/or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated JOAN E. COX,
P.E. to be its Project Manager. Consultant shall not remove or reassign the
Project Manager or any personnel listed in Exhibit A or assign any new or
replacement personnel to the Project without the prior written consent of City.
City's approval shall not be unreasonably withheld with respect to the removal or
assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
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This Agreement will be administered by the Public Works Department. IRIS
LEE, P.E. shall be 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.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
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 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. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
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work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents, '
volunteers and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim: collectively,
"Claims'), which may arise from or in any manner relate (directly or indirectly) to
the negligence, recklessness, or willful misconduct of the Consultant or its
principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any award of
attorney's fees in any action on or to enforce the terms of this Agreement. This
indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or 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 approval
for 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 means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
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interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and/or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
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Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than two million dollars ($2,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
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iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. 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.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
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17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
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 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.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all 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.
20. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
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period of three (3) years from the date of final payment to Consultant under this
Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant 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 as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his/her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
22. 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 what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and/or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any 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.
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 immediate
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.
25. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
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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:
Attn: Iris Lee, P.E.
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3323
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attn: Joan E. Cox, P.E.
Harris & Associates
34 Executive Park, Suite 150
Irvine, CA 92614 -4704
Phone: (949) 655 -3900
Fax: (949) 655 -3995
26. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, 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) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
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27. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
30. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
31. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
32. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney,
33. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
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34. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
35. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
"�—
City Attorney
for the City of Newport Beach
ATTEST:
By: V
LaVonne Harkless,
City Clerk '�1.;,
Attachments
CITY OF NEWPORT BEACH,
A Municipal Corporation
for the City of Newport Beach
CONSULTANT:
(Co rate Officer)
Title: SR. P9 -w' -6'c? <e'
Print Name: --Y04N 0, Ge�
(Financial Officer)
Title:
Print Name:
Exhibit A – Scope of Services
Exhibit B – Schedule of Billing Rates
is]
August 19, 2008
Mr. Michael J. Sinacori, PE
Assistant City Engineer
City of Newport Beach
Public Works Department
3300 Newport Avenue
Newport Beach, CA 92658
• EXHIBIT'A'
Harris & Associates
Program Managers
Construction Managers
Civil Engineers
Re: Proposal for Underground Utility Services for Proposed Assessment District No. 103
Dear Mike,
Harris & Associates appreciates the opportunity to present this proposal to provide professional
engineering services for the subject project. The following are our proposed scope of services and
estimated fees to provide these services based on the same terms and conditions outlined in our On-
Call Services contract.
SCOPE OF SERVICES
The following is our understanding of the services that will be required by the City for this process.
There are approximately 360 parcels within AD 103.
Phase 1— Pre - Construction Services
Attend utility coordination meetings on an as- needed basis. Coordinate between City and property
owners as required. Up to three (3) meetings estimated.
2. Review plans prepared by AT & T California (AT &T), and Time Warner Cable (TWC).
Perform a comprehensive field review of the project site and mark out the locations of the vent -sites in
the field.
Phase 2 — Engineer's Report and Formation Proceedings
4. Assist Bond Counsel and City Staff in establishing a project schedule.
5. Attend utility coordination meetings on an as- needed basis. Coordinate between City and property
owners as required. Up to three (3) meetings estimated.
6. Prepare the Boundary Map and the Assessment Diagram for the Assessment District from an electronic
base map supplied by the City.
7. 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
Q \Proposals \Newport Beach\ad103\AD -103 Full Service Proposal 19auilftdoc
34 Executive Park, Suite 150, Irvine, California 926144705 949.655.3900 FAX 949.655.3995 irvine @harris- assoc.com
•
Mr. Michael J. Sinacori, PE
City of Newport Beach
August 19, 2008
Page 2
• Assessment roll with preliminary assessments
• Right -of -Way Certificate (executed by Superintendent of Streets)
• Certificate of Completion (executed by Director of Public Works)
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8. Finalize the Preliminary Engineer's Report, including apportionment and method of assessment
distribution, based on comments received.
9. Attend property owner information meetings to discuss preliminary assessments. Up to three (3)
meetings estimated.
10. Attend the City Council meeting at which Resolution of Intention and Preliminary Engineer's Report are
considered and Public Hearing is set.
11. Prepare Boundary Map for recordation and record.
12. 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. Handle all property owner inquiries
regarding the Assessment District and coordinate issuance of replacement ballots, as requested by
property owners.
13. Prepare Confirmed Engineer's Report in which the confirmed assessment spread is based on final
approved estimate of costs to be financed, including incidental and financing costs.
14. 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.
15. Make revisions to the Engineer's Report as ordered by the City Council.
16. Coordinate with City and property owners as necessary during the formation proceedings. Up to three (3)
meetings estimated.
Phase 3 • Assessment Confirmation and Bond Sale
17. Prepare the Notice of Assessment, List of Assessed Property Owner Names and Assessment Diagram for
recordation and record.
18. 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. Handle all
property owner inquiries regarding the Assessment District payoff process and coordinate issuance of
replacement notices, as requested by property owners.
19. Prepare the List of Paid and Unpaid Assessments for use by the City.
Q'Troposals \Newport Beach\ad 1034AD -103 Full service Proposal 19aug08 doe H I Harris & Associates..
0 0
Mr. Michael J. Sinacori, PE
City of Newport Beach
August 19, 2008
Page 3
20. 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.
21. 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. Up to
three (3) meetings estimated.
ESTIMATED FEES
Based on our understanding of the services required, our estimated fees for the Scope of Services identified
above shown below and based on a time -spent basis in accordance with the hourly rates identified in our on-
call contract. Hourly rates include most direct costs such as vehicles, mileage, equipment, computers,
communications and reproduction.
Phase 1— Pre - Construction Services
Tasks I through 3 ........................................ ............................... Time & Materials, estimated at $6,990
Phase 2 — Engineer's Report and Formation Proceedings
Tasks 4 through 16 .................................... ............................... Time & Materials, estimated at $44,785
Phase 3 - Assessment Confirmation and Bond Sale
Tasks 17 through 21 .................................. ............................... Time & Materials, estimated at $12,160
These fees are based on the Formation Proceedings being completed in calendar year 2008 and the property
owner coordination process being completed in calendar year 2009.
The following tables provide the estimated hours of work allocated for each of the project tasks.
Project
Dep. Proj.
9
$2,070
Manager
Manager
Total
Total
I
$2301hr
$1801hr
Estimated
Estimated
Hours
Hours
Hours
Fee
Phase 1 - Pre- Consfrurfion Servires
1 Utility Coordination Meetings (3 mt s est.) 9
9
$2,070
2 Review Utility Plans
4
4
$720
_ __
3 Field Review 6
8
14
$2,820
Project Management 1 6
1
1
$1,380
Total Phase 1 services: 21
Q \Proposals \Newport Beach\adl 03\AD-1 03 Full Service Proposal 19aug08.doc
12 33 yo,asa
Harris & Associates.
Mr. Michael J. Sinacori, PE
City of Newport Beach
August 19, 2008
Page 4
Phase 2. R.M.-e. Ran.A and Fnrmafinn Pmmodinne
0
Protect 1 Sr. Proj. I Sr. Draaing Admin
Sr. Proj.
Admin
Manager) Analyst I Technician Asst
Total
Total
$230111r $1001hr $1101hr $651hr
Estimated
Estimated
Hours Hours Hours Hours
I Hours
Fee
7 Establish Project Schedule 2
Sr. Proj.
Admin
1
2
$460
e Utility Coordination Meetings and Owner Coord. (3 mtgs est.)
Asst
Total
Total
16
$3,680
_ _ _ _ _16
9 Prepare Boundary Map and Assessment Diagram 2
6
1 45
_
53
$6,010
10 Prepare draft Preliminary Engineers Report 28
1
1 16
68
$10,300
11 Finalize Preliminary Engineers Report 2
12
1 4
4
18
$1,920
____
12 Property Owner Information Meetings (3 mtgs est.) __ _ _ 15
13 Attend ROI Council Mtg (1 ndg) _ 4
14 Prepare Boundary Map for Recordation and Record
_ 6
_
_ _
3
_ 24
4
$4,245
$920
4
4
$400
15 Prepare Notices of Formation and Ballots 8
30
12
50
$5,620
16 Prepare Am Engineer's Report __ 2
_
1 8
4
_ 14
$1,520
17 Attend Public Heanng & Tabulate Assessment Ballots (1 mtg) 6
6
12
$1,980
18 Make revisions to En ineers Report as directed 2
1
4
14
$1,520
19 PrJea Team Meetings and Coordination (3 mlgs est.) _ _ _ 9
Project Management 18
1 _
1
9
$2,070
_
18
$4,140
Total Phase 2 Services: 114 116 46 31 306 $44,785
Project
Sr. Proj.
Admin
1
1 10
Manager
Analyst
Asst
Total
Total
$230/hr
$100 11hr
$651hr
Estimated
Estimated
Hours
Hours
Hours
Hours
Fee
Pharr 3 _ 4ncuacmnnf Cnnlir,naHnn and P—A oel-
20 Recorded Notice of Assessment
4
1 6
1
1 10
1 $1,520
21 Mailed Notice of Assessment
6
25
12
43
$4,660
22 Paid/Unpaid List
2
4
2
4
$460
$920
_ _
23 Review POS and OS
24 Project Team Meetings and Coordmation 3 mt s est.)
16
1 16
$3,680
Project Management
4
1
1 4
$920
Total Phase 3 Services: 36 31 12 79 $12,160
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. 2337, or email me atjcox @harris- assoc.com.
Sincerely,
Harris & Associates
Joan E. Cox, PE
Senior Project Manager
Financial Engineering
Q' \ProposalsWewpon Beach\adl03\AD -103 Full Service Proposal 19augg&doc
Harris & Associates.
n
u
City of Ne
•
rt Beach
Fee Schedule (Exhibit B)
Harris & Associates
Range of Hourly Rates: All Employees
ASSESSMENT ENGINEERING AND COORDINATION
Project Directors
Project Managers
Project Engineers
Technical Support
Administration
CONSTRUCTION /PROGRAM MANAGEMENT
Project Directors
Project Managers
Construction Managers
Resident Engineers
Construction Engineers
Scheduling Engineers
Cost Engineers
Inspectors
Technicians
Administration
HOURLY RATE
$190 -270
125 -240
100 -230
75 -150
65 -130
HOURLY RATE
$190 -270
125 -240
100 -210
150 -210
110 -180
110 -210
110 -210
100 -180
90 -160
65 -130
Notes: Unless otherwise indicated in the cost proposal, hourly rates include most direct costs such as
vehicles, mileage, equipment, computers, communications and reproduction (except large
quantities such as construction documents for bidding purposes).
Q TroposalsWewport neachtadI O3\AD103 rate schedule 19aug08v2.doc
Harris & Associates..
0 0
ACORD. CERTIFICATE OF LIABILITY INSURANCE
Dare (M$DOOm)
09 /16 /oe
PRODUCER 0757776 1 -800 -877 -4560
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Sub International of California Insurance Services
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
POLICY NUMBER
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
400 Taylor Blvd. #300
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
Pleasant Hill, CA 94523
INSURED
Harris & Associates Inc.
Attn: Susan Nandilag
INSURER A: OneBeacon America Insurance Co.
INSURER B:Hartf ord Fire Insurance Company
INSURER c; American Guarantee & Liability
120 Mason Circle
INSURER D: Alaska National Insurance Company
Concord, CA 94520
INSURERE:Colony National Insurance Company
% COMMERCIAL GENERAL LIABILITY
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
LIMITS
A
GENERAL LIABILITY
718009690 -0002
08/01/08
08/01/09
EACH OCCURRENCE
$1,000,000
FIRE DAMAGE (my one fire)
$1,000,000
% COMMERCIAL GENERAL LIABILITY
CLAIMS MADE a OCCUR
MEO UP iMy one Person)
$10,000
PERSONAL & ADV INJURY
$1,000,000
• "X" "C" "U"
•
Bev. of Interest
GENERAL AGGREGATE
$2.000,000
GEN'LAGGREGATE
LIMIT APPLIES PER
PRODUCTS - COMP /OP AGO
$2,000,000
POLICY
X PRO LOC
IECT
B
AUTOMOBILE
LIABILITY
ANY AUTO
57UBNUL6878
08/01/08
08/01/09
COMBINED SINGLE LIMIT
(Ea accident)
$ 11000,000
%
BODILY INJURY
(Per Person)
$
ALL OWNED AUTOS
SCHEDULEDAUTOS
X
BODILY INJURY
(Per aoiftm)
$
HIREDAUTOS
NONAWNED AUTOS
X
PROPERTY DAMAGE
(Per m:cWeM)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY: AGO
C
EXCESS LIABILITY
AUC9305561 -06
08/01/08
08/01/09
EACH OCCURRENCE
$ 1,000,000
% OCCUR CLAIMS MADE
AGGREGATE
$ 1,000,000
E
E
DEDUCTIBLE
E
RETENTION $
D
WORKERS COMPENSATION AND
OBHWD40007
08/01/08
08/01/09
X I WCSTATU- OTH-
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT
$1,000,000
E.L. DISEASE - EA EMPLOYEE
$1,000,000
E.L. DISEASE - POLICY LIMIT
51,000,000
8
OTHER
Excess Liability
AR6460401
08/01/08
08/01/09
$10,000,000 excess $1,000,000
s
$
DESCRIPTION OF OPERATIONSILOCATN NSNEHICLESIEXCLUSIONS ADDED BY ENOORSEMENTISPECIAL PROVISIONS
Evidence of PROFESSIONAL LIAR. on following Supplement page.
General & Auto Liability Additional Insured statue granted, if required by written contract /agreement, per attached
OneBeacon America Additional Insured endorsement and CA2048 0299.
Underground Utilities Asseasment District No. 103 (H &A #082 -0504)
CERTIFICATE HOLDER I I ADDITIONAL INSURED: INSURER LETTER: CANCELLATION Ten Day Notice for Non- Payment of Premium
082 -0504
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Newport Beach
DATE THEREOF, THE ISSUING INSURER WILL SCIMM WUMAIL 30 DAYS WRITTEN
Public Works Dept
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ARX% 0NEX$tXV0S AWX
% �3NN6X9X7f g1[[ Itli7��XP, E�tlX7PNNXDDGDWI7XWX1by :1fS7b48aX
3300 Newport Boulevard
YJY#i'#WIMYJEi LXXXXXXXXXXXXXXXXX=XXXXXXXX=%X %XXX%XXXXXXXX
AUTHORIZED REPRESENTATIVE
Newport Beach, CA 92663
USA
qqk
ACORD 25.5 (7197) hkunz
9772513
O ACORD CORPORATION 1988
CBQIIicate Delivery by C':!tftateSNn' mx.CCn1irmNel.com- 877.669.8600 J
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
ALL PERSONS OR ORGANIZATIONS THAT ARE
PARTIES TO A CONTRACT THAT REQUIRES YOU
TO OBTAIN THIS AGREEMENT, PROVIDED YOU
EXECUTED THE CONTRACT BEFORE THE LOSS.
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
Job Description
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 8/1/2008
Insured Harris & Associates, Inc.
WC 04 03 06 04 84
Policy No. 08HWD40007
Endorsement No.
0 0
POLICY #: 718009690 -0002
INSURED: Harris & Associates Inc.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART and GL CONTRACTORS
EXTENDER FORM VCG 206 02 05
a. COMMERCIAL GENERAL LIABILITY COVERAGE FROM CG 00 01 12 04 is amended by the following wording.
b. GL CONTRACTORS EXTENDER paragraph 1. ADDITIONAL INSURED —REQUIRED IN CONTRACT,
AGREEMENT OR PERMIT is deleted and replaced by the following wording.
I. WHO IS AN INSURED — (Section 11) is
amended to include as an additional insured
any person or organization you are required to
add as an additional insured under this policy
in a written contract or written agreement in
effect during this policy period and signed and
executed by you prior to the loss for which
coverage is sought. The person or
organization does not qualify as an additional
insured with respect to the independent acts or
omissions of such person or organization. The
person or organization is only an additional
insured with respect to liability for "bodily
injury ", "property damage" or "personal and
advertising injury" caused by "your work"
performed under the written contract or written
agreement.
2. The insurance provided to the additional
insured is limited as follows:
a) This endorsement shall not increase
the limits stated in Section III —
LIMITS OF INSURANCE.
b) The insurance provided to the
additional insured does not apply to
"bodily injury", "property damage ",
or "personal and advertising injury"
arising out of an architect's,
engineer's or surveyor's rendering of
or failure to render any professional
services including:
L The preparing, approving or
failing to prepare or approve
maps, shop drawings,
opinions, reports, surveys,
field orders, change orders,
or drawings and
specifications: and
fl. Supervisory or inspection
activities performed as part
of any related architectural
or engineering activities.
c) This insurance does not apply to
"bodily injury: or "property damage"
caused by "your work" included in
the "products- completed operations
hazard" unless you are required to
provide such coverage for the
additional insured by a written
contract or written agreement in effect
during this policy period and signed
and executed by you prior to the loss
for which coverage is sought.
3. Subpart (1)(a) of the Pollution exclusion
(Section I — Coverages, part 2. f. of the
Commercial General Liability Coverage form)
does not apply to you if the "bodily injury" or
"property damage" arises out of "your work"
performed on premises which are owned or
rented by the additional insured at the time
"your work" is performed.
4. Any coverage provided by this endorsement to
an additional insured shall be excess over any
other valid and collectible insurance available
to the additional insured whether primary,
excess, contingent or on any other basis unless
a written contract or written agreement in
effect during this policy period and signed and
executed by you prior to the loss for which
coverage is sought specifically requires that
this insurance apply on a primary or non-
contributory basis.
5. As a condition of coverage, each additional
insured must:
a) Give us prompt written notice of any
"occurrence" or offense which may
result in a claim and prompt written
notice of "suit".
b) Immediately forward all legal papers
to us, cooperate in the defense of any
actions, and otherwise comply with
policy conditions.
OneBeacon America Page I of I
Excerpts from: OneBeacon Form VCG 206 02 05
@VANTAGE FOR GENERAL LIABILITY - CONTRACTORS
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Policy Number:
718009690 -0002
Insurer:
OneBeacon America Insurance Co.
Policy Period:
August 1, 2008 to August 1, 2009
Named Insured:
Harris & Associates Inc.
5. BLANKET WAIVER OF SUBROGATION
Section IV - Transfer of Rights of Recovery Against Others to Us Condition is amended to add the following:
We will waive any right of recovery we may have against any person or organization because of payments
we make for injury or damage arising out of your ongoing operations done under a written contract or
agreement with that person or organization and included in "your work" or the "products- completed
operations hazard ". This waiver applies only to persons or organizations with whom you have a written
contract, executed prior to the "bodily injury" or "property damage ", that requires you to waive your rights of
recovery.
Page 1 of 1
•
POLICY #: 57UENUL6878
COMMERCIAL AUTO
CA 20 48 02 99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi-
fied by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi-
sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.
Endorsement Effective: 811/2008
Named Insured:
Harris R Associates Inc.
SCHEDULE
Name of Person(s) or Organization(s):
Any person or organization with whom you agreed, pursuant to a written contract or written agreement
to provide insurance such as Is afforded under this policy.
(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 11
of the Coverage Form.
Subject to all other terms and provisions of the policy, such insurance as provided by this endorsement shall be
deemed primary, but only with respect to work performed by or for the named insured in connection with the above
described contract. Any other insurance maintained by the Additional Insured(s) shall be excess and non-
contributory.
CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1
Excerpts from: Hartford form HA 99 16 03 02
COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT
BUSINESS AUTO COVERAGE FORM
Policy Number:
57UENUL6878
Insurer:
Hartford Fire Insurance Co.
Policy Period:
August 1, 2008 to August 1, 2009
Named Insured:
Harris & Associates Inc.
15. WAIVER OF SUBROGATION
TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS
AUTO CONDITIONS is amended by adding the following:
We waive any right of recovery we may have against any person or organization with whom you have
a written contract that requires such waiver because of payments we make for damages under this
Coverage Form.
Page 1 of 1
DATE
SUPPLEMENT TO CERTIFICATE OF INSURANCE 09/16/08
Harris & Associates Inc.
Attn: Susan Mandilag
PROFESSIONAL LIABILITY
Insurer: Continental Casualty Company
Policy #AEA113822501
Effective 8/1/2008 - 8/1/2009
Limits: $5,000,000 per claim; $10,000,000 Aggregate
For Professional Liability coverage, the Aggregate Limit is the total insurance available for all covered claims
reported within the policy period. A $150,000 deductible applies to each and every claim submitted under the
policy.
Prue I of 2
CERTIFICATE OF THE PRESIDENT
OF
HARRIS & ASSOCIATES, INC.
Authorization to .Enter into Contacts
Pursuant to the authority granted by Section 5.3 of the Bylaws of Harris &
Associates, Inc., a California corporation ( "Company'), and the delegation of authority
by the Board of Directors of the Company, to the President, the undersigned, as
President, hereby authorizes the individuals named below to have the authority; in the
amounts set forth below, to enter into contracts, proposals, and cost proposals, and to
incur obligations. Authority to enter into contract amendments is subject to the same
limits set forth below, based on the amount of the original contract. These individual
authorities shall remain in effect until the designated individual's employment or position
is terminated, or the signing authority is revoked, changed or amended by a duly executed
Certificate of the President.
Contracts in Unlimited Amounts
L. Carl Harris Chairman
Guy A. Erickson President
Neil M. McCosker Chief Operating Officer
Marian S. Ross Chief Financial Officer
Vernon A. Phillips Secretary
Contracts up to Five Million ($5,000,000):
Randall S. Duncan Mario Maciel
David T. Seevers Kim A.Sloat
Contracts up to One Million Dollars ($1,000,000
Robert DeLiso
Edward A. Kozlowski
Byron G. Tobey
James R. Guerrero
Marie A. Shockley
2008 -06. 1un C'ertihcnle .t ttdhart_ing Signing Awhorhy
.;. Harris &Associates
11
•
Page 2 of 2
Contracts up to Five Hundred Thousand Dollars ($500,000):
Isaac C. nee Julius P. Feller
Dana O. I.cSher
Contracts up to Two Hundred Fifty Thousand Dollars (S250,000):
Dennis A. Anderson
Randall G. Benny
Michael K. Cooper
Rick L. Darnley
Leonardo V. Flor
Gregory B. Griffith
Robert S. Guletz
William Little III
Raymond K. Polidoro
E..tavier Saunders
Contracts up to 550,000
Brett E. Barnett
James D. Bissell
Joan E. Cox
Stephen M. Ehninger
Ehab S. Gerges
Ramon Guiao
Richard A. Huffman
Russell A. Moore
Steven E. Roberts
Eric R. Tholen
Cynthia A. I.affoon Keri McQueen
Denise M. Owen E.lizahelh A. Nystrom
IN WITNESS WHEREOF, the undersigned has executed this Certificate of the President
{h
on this 2 (o day of flu n _.. ; 2008.
Guy A. , reltson, President
2003 - 002,12 C crr£ficure Authorizing A'ignrng 4whority tts�*,C
h,, Harris & Associates
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 12
Date: September 9, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Iris Lee, Senior Civil Engineer
949 - 644 -3323 or ilee @city.newport- beach.ca.us
SUBJECT: PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 103
(PENINSULA POINT) - REQUEST FOR FUNDING AND APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH HARRIS &
ASSOCIATES
Recommendations:
1. Approve a budget amendment authorizing an additional advance from the General
Fund in the amount of $35,163.20 to account number 74103 -9812 for Assessment
District No. 103 assessment engineering and district formation services.
2. Authorize the Mayor to execute a Professional Services Agreement with Harris &
Associates in an amount not to exceed $63,935.00 for assessment engineering and
district formation services.
Discussion:
On February 26, 2008, the City entered into an On -Call Professional Services Agreement
(PSA) with Harris & Associates for Underground Utility Assessment District and Inspection
Services. Under Section 4 of the PSA, proposals in an amount excess of $50,000.00 will
require a separate PSA. The intent of the on -call contract was to supplement staff
resources required in completing a number of anticipated projects.
On August 19, 2008, Harris & Associates submitted a proposal for assessment
engineering and pre /post- district formation services, for a not -to- exceed fee of $63,935.00
(Exhibit "A "). This expanded scope of services is divided into three phases (1) Pre -
Construction Services, which includes a thorough review of the utility plans for compliance
with City standards, and utility coordination support; (2) Engineer's Report and Formation
Proceedings, which includes balloting procedures in accordance with Proposition 218; and
(3) Assessment Confirmation and Bond Sales, pursuant to the "Improvement Bond Act of
1915 ". Phase 3 will not be applicable if the district fails at the public hearing. A detailed
Subject: Proposed Underground Assessment District No. 103 (Peninsula Point) - Request for Funding and
Approval of Professional Services Agreement with Harris & Associates
September 9, 2008
Page 2
Scope of Services is included with the Professional Services Agreement attached (Exhibit
"B ").
As of August 18, 2008, a $28,771.80 balance remains from the expired PSA with Hall and
Foreman for assessment engineering services. To date, $2,168.20 has been expended
for the AD -103 Petition for Special Assessment Proceedings. The remaining balance of
$28,771.80 will be applied towards the new expanded contract with Harris & Associates, if
approved, for the amount of $63,935.00.
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 Availabilitv:
Upon approval of the recommended budget amendment, sufficient funds will be available
in the following account:
Account Description Account Number Amount
Assessment District No. 103 74103 -9812 $63,935.00
Prepared by:
Submitted by:
Iris (.(Stephen G. Badum
rvil Engineer Public Works Director
Attachments: Exhibit "A" - Boundary Map of Proposed District
Exhibit "B" - Professional Services Agreement
BOUNDARY OF PROPOSED
ASSESSMENT DISTRICT
6ALBOA BOILEVP D EAST
yry/ t r) r• r r� r: 1�- r r r` r.- �°� r
f
•DEL
PIPZAf NOWE
LL
P /�� 327
/ � 2
Exhibit A - PROPOSED ASSESSEMENT DISTRICT NO.103
AREA BOUNDED BY "G" STREET, BALBOA BOULEVARD, CHANNEL ROAD, AND OCEAN BOULEVARD
POLES TO BE REMOVED
_
„
OVERHEAD LINES TO BE REMOVED
N
NOTTOSLAIE
PAGE 1 OF 2
12114103
BALBOA
.88�I1I.r
N?N i-
BLVD EAST
401 11 ._....402_
2 4ao
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$ ,s j N p Nfnt
`N -�i d'ipp� 0 yy NINIQrJ `p�i'ot ,�
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BOUNDARY OF PROPOSED
ASSESSMENT DISTRICT
0
Iz
N 1 N I N I N
Exhibit A - PROPOSED ASSESSEMENT DISTRICT NO. 103
AREA BOUNDED BY "G" STREET, BALBOA BOULEVARD, CHANNEL ROAD, AND OCEAN BOULEVARD _
POLES TO BE REMOVED „
OVERHEAD LINES TO BE REMOVED N
NOT To SCn
PAGE 2 OF 2
12/14/03
City of Newport Beach o'• Public Works Department
PROFESSIONAL SERVICES AGREEMENT
Vendor: I Harris & Associates
Description of Work:
Assessment engineering services and district formation services for Underground Utility Assessment District No.
103.
Please answer the following questions and route in the order listed to the right:
Council Policy
Selection Process
Sole Source* I I RFQ /RFP Emergency X I On -Call
Justification attached: I Ys No N/A
How many firms were contacted?
How many proposals were received and reviewed?
Contract Terms
Justification attached: Yes No X N/A
Required Approval:
Project Manager:
Div. Manager:
Deputy Director:
City Attorney:
Director:
City Manager:
Mayor:
Project File:
PSA
Under $30,000
Amend 1
Up to $50,000
x
Over $50,000
Director
City Manager
Ci Council
Selection Process
Sole Source* I I RFQ /RFP Emergency X I On -Call
Justification attached: I Ys No N/A
How many firms were contacted?
How many proposals were received and reviewed?
Contract Terms
Justification attached: Yes No X N/A
Required Approval:
Project Manager:
Div. Manager:
Deputy Director:
City Attorney:
Director:
City Manager:
Mayor:
Project File:
PSA
100% -110%
Amend 1
110% -125%
Amend 2
Over 125%
Director
I Cit y Manager
City Council
Selection Process
Sole Source* I I RFQ /RFP Emergency X I On -Call
Justification attached: I Ys No N/A
How many firms were contacted?
How many proposals were received and reviewed?
Contract Terms
Justification attached: Yes No X N/A
Required Approval:
Project Manager:
Div. Manager:
Deputy Director:
City Attorney:
Director:
City Manager:
Mayor:
Project File:
PSA
$
Amend 1
$
Amend 2
$
Amend 3
$
Amend 4
$
Total
$
X I New Agreement I I Amendment No.
If amended, will the total contract amount exceed 125 %? YES NO N/A
Date of Council Action? 9/9/08
Does the agreement cover the entire length of the anticipated project? X YES NO
Are the Proposal or Scope of Work and Billing Rates attached? X YES NO
Have any of the standard terms of the agreement been changed? YES I X I NO
City Attorney Review
Secretary of State Business Confirmation Attached? YES NO
Approved by the City Attorney? I I YES I I NO I Date Approved:
. ........... .... .................................................... . ..................... I
Budget Account I I Encumbrance No.
Is a Budget Amendment required? I I Yes I I No N/A
Recommended funds to use for Budget Amendment?
Comments:
* **"* KEEP THE REDLINED COPY ATTACHED * * * * **
PROFESSIONAL SERVICES AGREEMENT WITH
HARRIS & ASSOCIATES, INC.,
FOR ASSESSMENT DISTRICT ENGINEERING AND DISTRICT FORMATION
SERVICES FOR UNDERGROUND UTILITIES ASSESSMENT DISTRICT NO. 103
THIS AGREEMENT is made and entered into as of this day of
2008, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "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. 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 establish a Rule 20 -B Underground Utility Assessment District
No. 103 for the City of Newport Beach in accordance with Proposition 218
requirements, as described in Exhibit A.
C. City desires to engage Consultant to provide engineering and district formation
services for proposed Assessment District No. 103, which includes utility plan
reviews, preparation of an Engineer's Report, execution of a ballot vote in
accordance with Proposition 218 requirements, assessment confirmation, and
bond sales consultation pursuant to "Improvement Bond Act of 1915 ".
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Joan E.
Cox, P.E.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth 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 above written date, and shall
terminate on the 30th day of June, 2011, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay.in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 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 that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail..
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed Sixty Three Thousand Nine Hundred Thirty Five and no1100
($63,935.00) without prior written authorization from City. No billing rate changes
shall be made during the term of this Agreement without the prior written
approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs. and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work' means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated JOAN E. COX,
P.E. to be its Project Manager. Consultant shall not remove or reassign the
Project Manager or any personnel listed in Exhibit A or assign any new or
replacement personnel to the Project without the prior written consent of City.
City's approval shall not be unreasonably withheld with respect to the removal or
assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
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This Agreement will be administered by the Public Works Department. IRIS
LEE, P.E. shall be 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.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
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 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. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
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work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner relate (directly or indirectly) to
the negligence, recklessness, or willful misconduct of the Consultant or its
principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any award of
attorney's fees in any action on or to enforce the terms of this Agreement. This
indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or 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 approval
for 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 means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
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interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coveraqe Reauirements.
i. Workers' Compensation Coveraqe. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
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Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than two million dollars ($2,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
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iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance underthis Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. 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.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
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17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
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 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.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, . its agents, officers,
representatives and employees against any and all 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.
20. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
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period of three (3) years from the date of final payment to Consultant under this
Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant 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 as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
22. 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 what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any 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.
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. immediate
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.
25. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
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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:
Attn: Iris Lee, P.E.
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3323
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attn: Joan E. Cox, P.E. .
Harris & Associates
34 Executive Park, Suite 150
Irvine, CA 92614 -4704
Phone: (949) 655 -3900
Fax: (949) 655 -3995
26. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, 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) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
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27. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
30. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terns
of this Agreement shall govern.
31. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
32. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
33. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
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34. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
35. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
I //OL'— 0-"�
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
CONSULTANT:
an
(Corporate Officer)
Title:
Print Name:
By:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
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August 19, 2008
Mr. Michael J. Sinacori, PE
Assistant City Engineer
City of Newport Beach
Public Works Department
3300 Newport Avenue
Newport Beach, CA 92658
Re: Proposal for Underground Utility Services for Proposed Assessment District No. 103
Dear Mike,
Harris & Associates appreciates the opportunity to present this proposal to provide professional
engineering services for the subject project. The following are our proposed scope of services and
estimated fees to provide these services based on the same terms and conditions outlined in our Cn-
Call Services contract.
SCOPE OF SERVICES
The following is our understanding of the services that will be required by the City for this process.
There are approximately 360 parcels within AD 103.
Phase 1— Pre - Construction Services
1. Attend utility coordination meetings on an as- needed basis. Coordinate between City and property
owners as required. Up to three (3) meetings estimated.
2. Review plans prepared by AT & T California (AT &T), and Time Warner Cable (TWC).
3. Perform a comprehensive field review of the project site and mark out the locations of the vent -sites in
the field.
Phase 2 — Engineer's Report and Formation Proceedings
4. Assist Bond Counsel and City Staff in establishing a project schedule.
5. Attend utility coordination meetings on an as- needed basis. Coordinate between City and property
owners as required. Up to three (3) meetings estimated.
6. Prepare the Boundary Map and the Assessment Diagram for the Assessment District from an electronic
base map supplied by the City.
7. 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
Q'. \ProposalsWewport BeachWl03\AD -103 Full Service Proposal 19aug0g.Uoc
34 Executive Park, Suite 150, Irvine, California 92614 - 4705 949.655.3900 FAX 949.655.3995 irvine @har6s- assoc.com
Mr. Michael J. Sinacori, PE
City of Newport Beach
August 19, 2008
Page 2
• Assessment roll with preliminary assessments
• Right -of -Way Certificate (executed by Superintendent of Streets)
• Certificate of Completion (executed by Director of Public Works)
8. Finalize the Preliminary Engineer's Report; including apportionment and method of assessment
distribution, based on comments received.
9. Attend property owner information meetings to discuss preliminary assessments. Up to three (3)
meetings estimated.
10. Attend the City Council meeting at which Resolution of Intention and Preliminary Engineer's Report are
considered and Public Hearing is set.
11. Prepare Boundary Map for recordation and record.
12. 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. Handle all property owner inquiries
regarding the Assessment District and coordinate issuance of replacement ballots, as requested by
property owners.
13. Prepare Confirmed Engineer's Report in which the confirmed assessment spread is based on final
approved estimate of costs to be financed, including incidental and financing costs.
14. 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.
15. Make revisions to the Engineer's Report as ordered by the City Council.
16. Coordinate with City and property owners as necessary during the formation proceedings. Up to three (3)
meetings estimated.
Phase 3 - Assessment Confirmation and Bond Sale
17. Prepare the Notice of Assessment, List of Assessed Property Owner Names and Assessment Diagram for
recordation and record.
18. 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. Handle all
property owner inquiries regarding the Assessment District payoff process and coordinate issuance of
replacement notices, as requested by property owners.
19. Prepare the List of Paid and Unpaid Assessments for use by the City.
QAProposals \Newport BeacMad 103VAD -103 Full Service Proposal 19augOg.doc I Harris & Associates..
Mr. Michael J. Sinacori, PE
City of Newport Beach
August 19, 2008
Page 3
20. 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.
21. 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. Up to
three (3) meetings estimated.
ESTIMATED FEES
Based on our understanding of the services required, our estimated fees for the Scope of Services identified
above shown below and based on a time -spent basis in accordance with the hourly rates identified in our on-
call contract. Hourly rates include most direct costs such as vehicles, mileage, equipment, computers,
communications and reproduction.
Phase 1— Pre - Construction Services
Tasks I through 3 ........................................ ............................... Time & Materials, estimated at $6,990
Phase 2 — Engineer's Report and Formation Proceedings
Tasks 4 through 16 .................................... ............................... Time & Materials, estimated at $44,785
Phase 3 - Assessment Confirmation and Bond Sale
Tasks 17 through 21 .................................. ............................... Time & Materials, estimated at $12,160
These fees are based on the Formation Proceedings being completed in calendar year 2008 and the property
owner coordination process being completed in calendar year 2009.
The following tables provide the estimated hours of work allocated for each of the project tasks.
Project
Dep. Proi.
9
$2,070
Manager
Manager
Total
Total
I
$2301hr
$180thr
Estimated
Estimated
Hours
Hours
Hours
Fee
1 Utility Coordination Meetings 3 mills est.) 9
9
$2,070
2 Review Utilif Plans
4
4
$720
3 Field Review 6
8
14
$2,820
Project Management 6
6
$1,380
Total Phase 1 Services:
Q:1Propomis\Newpom Beach1ad103WU -103 Full Service Proposal 19aug03.doc
21 12 33 $8189u
Hams & Associates.
Mr. Michael J. Sinacori, PE
City of Newport Beach
August 19, 2008
Page 4
Project ; Sr. Proj. Sr. Drafting I Admin
2 1
Admin
Manager) Analyst Technician I Asst
Total
Total
$2301hr I $1001hr 1 $1101hr i $65/hr
Estimated
Estimated
Hours Hours I Hours ' Hours
Hours
Fee
Phase 2- Enaineers Revort and Formation Proceedings
7 Establish Project Schedule
2 1
Admin
1 10
1 $1,520
2
$460
8 Utility Cowdinalion Meetings and Owner Coord _(3 milts est.)
.. .....
9 Prepare Boundary Map and Assessment Diagram
! 7_6 �� -_
2
6
!
__.__. ..___.
45
_
16
53
.. $3,680
—.
$6,010
10 Prepare draft Preliminary Engineers Report
28
36
Hours
4
68
$10,300
11 Finalize Preliminary Engineers Report_
2
12
4
4
18
$1,920
12 Progeny (Dwner, Council Mt (1 g) tin s (3 milts est.)
13 Attend ROI Council Mt 1 mt �
r 15
4 i
6
- -L
i
3
_ 24
4
$4,245 _
$920
14 Prepare Boundary Map for Recordation and Record
4
4
$400
15 Prepare Notices of Formation and Ballots
8 i
30
12
50
$5,620
16 Prepare AmendedlConlimed Engineers Repon
2
_
_4__
_ 14
$1,520
17 Attend Public Hearing & Tabulate Assessment Sagols 1 mtg
_ __e�
6
fi
12
$1,980
18 Make revisions to En ineers Report as directed
2
8
4
14
$1,520
19 _Project Team Mee6n2s and Coordination (3 mlgs
. 9
_
9
$2,070
Project Mana ement
18
18
$4.140
10121 Phase 2 Services:
Phase 3 - Assessment Cnnfirmation and Rnnd Sara
114 118 46 51 366 b44,766
Project
Sr. Proj.
Admin
1 10
1 $1,520
Manager
Analyst
Asst
Total
Total
$2301hr
$100Ihr
$651hr
Estimated
I
Estimated
I
Hours
Hours
Hours
Hours
Fee
20 Recorded Notice of Assessment
4
6 1
1 10
1 $1,520
21 Mailed Notice of Assessment
6
25 . 12
43
$4,660
22 Paid/Unpaid List
.... Review.POS and OS_ _
24 Project Team Meetings and Coordination (3 mtgs est.)
2
2
$460
4
4
$920
16
_
16
_
$3,680
Project Management
4
1
4
$92D
I 01a1 Phase s services: 36 s1 a r6 y1Z,10u
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. 2337, or email me atjcox @harris- assoc.com.
Sincerely,
Harris & Associates
Joan E. Cox, PE
Senior Project Manager
Financial Engineering
Q: \Proposals \Newport Seachlad 103\AD-103 Full Service Proposal 19augog.doc E Harris & Associates..
Citv of Newport Beach
Assessment District No. 103
Fee Schedule (Exhibit B)
Harris & Associates
Range of Hourly Rates: All Employees
ASSESSMENT ENGINEERING AND COORDINATION
HOURLY RATE
Project Directors
$190 -270
Project Managers
125 -240
Project Engineers
100 -230
Technical Support
75 -150
Administration
65 -130
CONSTRUCTION / PROGRAM MANAGEMENT HOURLY RATE
Project Directors
$190 -270
Project Managers
125 -240
Construction Managers
100 -210
Resident Engineers
150 -210
Construction Engineers
110 -180
Scheduling Engineers
110 -210
Cost Engineers
110 -210
Inspectors
100 -180
Technicians
90 -160
Administration
65 -130
Notes: Unless otherwise indicated in the cost proposal, hourly rates include most direct costs such as
vehicles, mileage, equipment, computers, communications and reproduction (except large
quantities such as construction documents for bidding purposes).
QiProposals\Nmport aeach1adI03WD103 rate schedule 19augO8v2.doc = Harris & Associates.
am I
City of Newport Beach NO. BA- 09BA -010
BUDGET AMENDMENT
2008 -09 AMOUNT: $3s,1s3.zo
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
Pd Increase Expenditure Appropriations AND E Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
from additional estimated revenues
X from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase expenditure appropriations for proposed Underground Assessment District No. 103, Peninsula Point.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
4103 3605
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
AD #103 - Fund Balance
Description
Signed: /krto C.
Fina ci I Approval: AdministaKe Services Director
Signed:
Xdministrative Appr al: City Manager
Signed:
Amount
Debit Credit
$35,163.20 *
' Automatic
$35,163.20
—s —6
Date
ata�
City Council Approval: City Clerk Date
Description
Division
Number
74103 AD #103
Account
Number
9812 Assessment District Engineering
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed: /krto C.
Fina ci I Approval: AdministaKe Services Director
Signed:
Xdministrative Appr al: City Manager
Signed:
Amount
Debit Credit
$35,163.20 *
' Automatic
$35,163.20
—s —6
Date
ata�
City Council Approval: City Clerk Date