HomeMy WebLinkAboutC-7736-1 - PSA for Assessment District Engineering Services for Underground Utilities Assessment District No. 103, Amendment No. 1�, /0-P 1�y2r
AMENDMENT NO. 1
TO fs�W
PROFESSIONAL SERVICES AGREEMENT
WITH HALL & FOREMAN, INC.
FOR UNDERGROUND UTILITIES ASSESSMENT DISTRICT NO. 103 FORMATION
THIS AMEND ENT NO. 1 _10 PROFESSIONAL SERVICES AGREEMENT, entered
into this day of , 2005, by and between the CITY OF
NEWPORT BEACH, a municipal co ration, (hereinafter referred to as "City") and
HALL & FOREMAN, INC., a corporation whose address is 420 Exchange, Suite 100,
Irvine, California, 92602, (hereinafter referred to as "Consultant"), is made with reference
to the following:
RECITALS
A. On March 2, 2004, City and Consultant entered into a Professional
Services Agreement, hereinafter referred to as "Agreement I", for
assistance in forming Underground Utility Assessment District No. 95 for
the City of Newport Beach in accordance with Proposition 218
requirements.
B. On December 1, 2004, City and Consultant entered into a Professional
Services Agreement, hereinafter referred to as "Agreement II", for
assistance in forming Underground Utility Assessment District No. 103 for
the City of Newport Beach in accordance with Proposition 218
requirements.
C. At the time of this Amendment No. 1, proposed Underground Utility
District No's. 103 and 95 have not yet been formed.
D. Underground Utility Assessment District No's. 103 and 95 are adjacent to
each other, as shown on the attached map (Exhibit A). Affected Utility
Companies have informed City that cost savings and design efficiencies
would result from combining the two proposed districts into a single
district.
E. City and Consultant mutually desire to cancel Agreement No. I.
F. City and Consultant mutually desire to amend Agreement II to incorporate
the area formerly designated Underground Utility Assessment District No.
95 into Underground Utility Assessment District No. 103, to be hereinafter
known as Underground Utility Assessment District No. 103, ("Project").
G. City desires to enter into this Amendment No. 1 to reflect the change in
size of Underground Utility Assessment District No. 103, to adjust the
compensation due Consultant for services pursuant to the formation of
Underground Utility Assessment District No. 103, and to extend the term
of the Agreement to the 1 s` day of June, 2009.
H. City desires to compensate Consultant for the professional services
needed for Project.
NOW, THEREFORE, the parties hereto agree as follows:
A. Agreement I is cancelled.
B. The area formerly known as Underground Utility Assessment District No.
95 is now incorporated into Underground Utility Assessment District No.
103, and hereafter the entire area of the Project shall be known as
Underground Utility Assessment District No. 103.
C. Consultant shall provide the services detailed in Exhibit B (Scope of
Services) for the formation of Underground Utility Assessment District No.
103.
D. Consultant shall be compensated for services performed pursuant to this
Amendment No. 1 in accordance with Exhibit C (Fee Schedule).
E. Total compensation to Consultant for all services performed pursuant to
this Amendment No. 1 for the formation of Underground Utility
Assessment District No. 103, including all reimburseable items and
subconsultant fees, shall not exceed Thirty Thousand Nine Hundred
Forty Dollars no/100 ($30,940.00).
F. The term of the Agreement shall be extended to the 1" day of June,
2009.
G. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement II shall remain unchanged and shall be
in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the date first above written.
APPROVED AS TO FORM:
,r
Robin Clauson, City Attorney
tt oy
for the City of Newport Beach ,
CITY OF NEWPORT BEACH,
A Municipal Corporation 1111-2
iviayor
for the City of Newport B
ATTEST: " u
CONSULTANT:
City Clerk JodJE. Bourgeois, P.E.
Pr ident—South Coast Div./Principal
Attachment: Exhibit A — Map of Proposed Assessment District No. 103
Exhibit B — Scope of Services
Exhibit C — Fee Schedule
f:lusers\pbw\shared\agreements\fy 04-05\hall-foreman-ad-103-amendment1.doc
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EXHIBIT B
Section 6 Scope of Work
Scope of Work HFI has developed the following Scope of Services to provide the City of Newport Beach
with complete Assessment Engineering services for the formation of the proposed Assess-
ment Districts. Please see Section 7, 1913/1915 Formation Checklist that HFI follows to
ensure all deadlines are met and for Quality Control.
Completion of the tasks outlined in the Scope of Services will ensure the City that all
statutory requirements are met to establish the Districts, and allow the City to levy
assessments on properties within the Districts.
Under Basic Services, HFI will provide all Assessment Engineering services to prepare the
necessary reports, maps, and documentation required by the "Municipal Improvement Act
of 1913" and "Improvement Bond Act of 1915" of the State of California Streets and
Highway Code, and the "Special Assessment Investigation, Limitation and Majority Protest
Act of 1931" and Proposition 218 of the State of California Constitution in order for the
City to conduct the proceedings and hearings to form the proposed Assessment District.
Under Extended Services, HFI will provide such additional services as may be required
and authorized by the City for the project.
Basic Services
These Basic Services will be provided for the Assessment District proposed to be formed:
TASK 1: Preliminary Engineer's Report
d Project Coordination
Meet with City staff to discuss the proposed boundary the assessment
methodology, the project schedule, and the team distribution list. Meet and
coordinate with utility companies. The public utilities will prepare plans and cost
estimate to underground the existing overhead utilities.
® Research
Gather maps, Assessor's parcel information, direct and indirect costs, and related
data required to confirm the District boundary. HFI has contracted with Real
Quest (Metroscan Online) for parcel data. Confirm certain database records with
the County of Orange Tax Assessor's Records.
9 Site Review
Review the district boundaries, existing and proposed improvements, and special
benefit vs. general benefit: Field review the project site with city staff, utility
representatives and property owners.
R Database Preparation
Update property owner/parcel database information from the County. The
database will be used for the assessment roll and required mailings and will
include the following:
- Assessment Number
- Assessor's Parcel Number (APN)
- Tract and Lot Number
- Area of Lot in acres
- Front Footage
- Area signing petition
05141-000 19
Section 6 - Relative Front Footage
Scope of Work - Property Owner
- Situs Address
- Property Owner's Mailing Address
- Parcel and Building Square Footage
- Land Use
- Assessed Valuation
- Lien to Value Ratio
- Confirm database with County of Orange Tax Assessor Records
Deliverable: Database file will be provided electronically to the City.
■ Determine Petition Sufficiency
Initially prepare a database of property owners to review and confirm the
petitions. Determine if the petitions were signed by property owners representing
more than sixty percent (60%) of the assessable area of lands. Prepare and sign
the Certificate of Sufficiency of Petition.
■ Prepare Cost Estimate
Prepare cost estimate, including improvement costs, incidental costs, bond costs,
and contributions (if any), as supplied by others. Construction costs will be based
upon the construction bid. The City will coordinate the construction bid process
with the utilities.
■ Prepare Benefit Assessment Methodology and Assessment Roll
a. Discuss the benefit assessment methodology with the City, agree upon
one benefit assessment methodology and calculate the assessments for
each parcel.
b. Submit the assessment roll to City staff for approval...
■ Conduct Property Owner Information Meetings
Conduct three (3) property owner information meetings to discuss the preliminary
assessments, methodology, and formation process.
■ Attend Project Coordination Meeting
Attend staff meetings with City staff, bond counsel, financial advisor, bond under-
writer, and/or appraiser. Assist with establishing a project schedule.
■ Prepare Preliminary Engineer's Report
a. The Preliminary Engineer Report preparation is proposed to begin upon
direction of the City. And, at that time, HFI will update the parcel data infor-
mation. Prepare Preliminary Engineer's Report detailing the costs and pro-
posed assessments. The Reportwill be prepared by a Registered Civil
Engineer, and shall contain at least the following information:
- Plans and Specifications, to be prepared by others
- Description of Works of Improvement
- Preliminary Estimate of Costs with or without ITCC
(Income Tax Component of Contribution)
- Assessment Diagram
- Method of Benefit Assessment Spread
- Assessment Roll including:
Assessor Parcel's Number
05141-000 20
Section 6 1931 Act Information Total Assessed Value, Existing
Scope of Work Liens, Value to Lien Ratio
Benefit Units
Formation Assessment (1st bond sale)
Federal Income Tax component of contribution
(2nd bond sale)
- Right -of -Way Certificate (executed by Superintendent of
Streets)
- Certificate of Completion on Environmental Proceedings
(executed by Director of Public Works)
b. Coordinate with Special Counsel, City Attorney, Financial Advisor, Under-
writers, Property Owners, and other City Staff as required for the project.
c. File Preliminary Engineer's Report with the Superintendent of Streets and
with the City Clerk prior to adoption of the Resolution of Intention by the
City Council.
■ City Council Meeting
Attend one (1) City Council meeting involving adoption of the Resolution of
Intention, approval of the Preliminary Engineer's Report, approval to provide
Notice of Public Hearing and mail Ballots to property owners. Provide technical
support to the City staff, present the Engineer's report and respond to questions
as directed by City staff.
■ Prepare Proposed Boundary Map
Prepare and deliver two (2) original and one (1) copy of the Proposed
Boundary Map to the City for signature.
Record the Boundary Map at the County after the Resolution of Intention
is adopted by Council.
TASK 2: Proposition 218 Ballot Vote
■ Notice of Public Hearing/Ballot
Accomplish printing and mailing of Notice of Assessment, Notice of Public Hearing,
and Ballot to all assessed property owners of record within the proposed District.
HFI has extensive experience in preparing the cover letter, legal notice, and ballot
for submittal to the City and legal counsel for review and approval. The Notice of
Assessment will clearly indicate payment options available, first bond issue
amount, second bond issue amount and the ITCC component. This includes
printing of the cover letter, Notices and Ballots and stuffing in envelopes (City is to
provide letterhead, envelopes, and postage). HFI will mail the notices or will
provide the stuffed envelopes to the City for posting. Contents of Notice to be
prepared by bond counsel.
s Declaration of Mailing
HFI will provide the City with signed declarations certifying that the above Notices
were mailed forty-five (45) days prior to Public Hearing.
■ Property Owner Information Meeting
Conduct two (2) property owner information meetings to discuss preliminary
assessments.
05141-000 ')y
Section 6 ■ Council Meeting -Resolution of Intention
Scope of Work Attend One (1) Council Meeting at which Resolution of Intention is
adopted, the Preliminary Engineer's Report is approved, and Public Hearing is set.
HFI will be available to answer questions, as necessary.
■ Public Information Meeting
Attend one (1) City Council Public Meeting to make presentations and respond to
questions, as directed by City staff.
■ Property Owner Questions
HFI will answer assessment district -related questions from residents/property
owners when referred by City staff.
Project Coordination Meeting
Attend staff meetings with City staff, bond counsel, financial advisor, bond under-
writer, and/or appraiser.
TASK3: Final Engineer's Report
s Prepare Final/Amended Engineer's Report
a. Prepare Final/Amended Engineer's Report with the confirmed
assessments based on final approved estimate of fees to be financed,
including incidental costs and financing costs.
b. File Final Engineer's Report with the Superintendent of Streets and with
the City Clerk prior to the Public Hearing.
® Prepare Assessment Diagram
a. Prepare and deliver two (2) original and one (1) copy of the Assessment
Diagram. The Diagram will show the boundaries and each property with
its assigned Assessment Number.
® City Council Meeting - Public Hearing
a. Attend one (1) City Council meeting involving a Public Hearing for the
District formation. Provide technical support to City staff, present
the Engineer's Report and respond to questions as directed by staff. At
the Public Hearing, HFI will tabulate the ballots and report the final
percentages weighted by dollar amount to the City prior to the end of the
Public Hearing. If a simple majority of the ballots counted by assessment
weight are in favor of forming the District, recommend formation to
City Council.
TASK4: District Formation
N Notice of Assessment
After the Public Hearing, accomplish printing and mailing of the Notice of
Assessment Lien confirmed to each,property owner. This includes City -provided
envelopes and postage and an explanation of payments options of either (1) the
thirty (30) days cash collections or (2) the twenty (20) years bond issuance and
payment of the assessment yearly on the property tax bill.
a. Notice of Assessment will clearly indicate payment options including
1st bond issue and 2nd bond issue with 1TCC portion.
b. Provide the City with signed declarations certifying that the Notice of
Assessments have been mailed.
05141-000 22
.. e-w-m—M.-._.� _ -. a.' w ... e- Sc:^...? _. _ i.,T
Section 6 ■ Record Assessments at County
Scope of Work Record the Assessment Diagram and the Notice of Assessment with the property
owners names at the County.
■ Prepare Amended Engineer's Report
Make any revisions to the Final Engineer's Report, as directed by City Council and
file with Superintendent of Streets.
■ Review the Preliminary and Final Official Statements
■ Project Team Coordination Meeting
Staff meeting to coordinate with special counsel, City attorney, financial advisor,
underwriters, property owners, and other City staff, as required for the project.
Extended Services
HFI will provide Extended Services, if requested and authorized by the City of Newport
Beach, as negotiated at the time services are requested and in accordance with the
Schedule of Hourly Rates current at the time of providing services. Extended Services may
include:
■ Preparation of additional displays and/or audio/visual materials (besides the
boundary map and assessment diagram);
■ Attendance at property owner meetings and Council meetings in addition to those
included in the scope of services;
■ Construction Management;
■ Coordinate private property conversions during construction.
Responsibilities of the City and/or father Consultants
■ Provide Certificate of Sufficiency of Petition Form;
■ Provide execution of Notice of Exemption;
■ Designate a Project Manager to manage and coordinate the project;
■ Obtain complete design plans, and construction bid from the utility
companies;
■ Right-of-way services;
■ Coordinate right-of-way entry onto private property, as required;
■ Provide letters of introduction and authorization to other agencies and utilities to
secure information, as required for the project;
■ Retain qualified legal counsel and financial advisor to provide guidance during
District formation proceedings;
■ Schedule, administer, and accomplish the publishing and/or posting of required
notices in accordance with the Government Code;
■ Provide all resolutions required by the City Counsel;
■ Schedule and agendize Council meetings and hearings as required under the Act;
■ Provide letterhead, envelopes, and postage for mailing of notices;
■ Provide up-to-date AutoCad map file of assessment district with parcels and
boundary;
■ Property valuation and tax delinquency information;
■ Prepare the Debt.Service/Amortization Schedules;
■ Submit the annual assessments to the Auditor -Controller.
05141-000 23
EXHBIT C
CITY OF NEWPORT BEACH
ASSESSMENT DISTRICT NO. 95 AND 103 (COMBINED)
FEE SCHEDULE
SCHEDULE1 TASK # SUMMARYOFSCOPE Assessment Project CADD Project Estimated Estimated
Engineer Manager Analyst Drafter Assistant Hours F..
Jan. 200/feb. 20611A09b) Bllllnp Rote Fxs-FY 2004-2pe6 $760 $74O $95 $9O =65
Jan. 1006feb. 20061AD 703)
TASK 1: Preliminary Engineer's Report
Subtotal Total
Fees F.e.
One (1) Meetings: City staff and Utility
1.1 AD 95 Agency 3 hrs 3 hrs 6 hrs $900.00
Research/Database Preparation/Petition
1.2 AD 95 Sufficiency 1 hrs 4 hrs 8 hrs 13 hrs $1 400.00
SUBTOTAL AD No. 95-Completed)
$2,300.00
1.1 AD 103
One (1) Meetings: City staff and Utility
Agency
3 hrs
3 hrs
6 hrs
S900.00
1.2 AD 103
Research/Database Prepara6on/Petition
Sufficiency & Combine AD 95 & 103
1 hrs
4 hrs
16 hrs
21 hrs
$2 080.00
1.3 AD 103
Confirm Certain Database Records with
County Assessor
1 hrs
6 hrs
7 hrs
$650.00
SUBTOTAL (AD No. 103 - To be Completed)
$3,630.00
SUBTOTAL (Tasks 1.1 throw h 1.3 - AD No. 95 and 103 Combined)
$5,930.00
Termination Clause 11'District is
Feb. 2007 - Aug. 2007
Abandoned due to insufficientpetitions
Billing Rates to be Negotiatied for Tasks Beginning in Feb 2007
1.4
Update Database and Property Owner
Information Developed for Sufficiency of
Petition
2 hrs
10 hrs
12 hrs
$1 130.00
1.5
Prepare Preliminary Engineers Report
2 hrs
8 hrs
24 hrs
3 hrs
37 hrs
$3 675.00
1.6
Prepare Bounds Map/Record at County
4 hrs
8 hrs
12 hrs
$t 060.00
1.7
Conduct Three (3) Properly Owner
1 Meetings
3 hrs
9 hrs
1 6 hrs
1
18 hrs
$2 250.00
1.8
Attend One 1 Council Meetin ROI)
2 hrs
2 hrs
4 hrs
$600.00
1.9
One (1) Project Team Coordination
Meeting
2 hrs
2 hrs
$280.00
SUBTOTAL Tasks 1.4 through 1.9 -AD No. 95 and 103 Combined)
$8,995.00
SUBTOTAL TASK J- PRELIMINARY ENGINEER'S REPOR
TASK 2: Proposition 218 Ballot Vote
139 hrs
2.1
Prepare and Mail Notice & Ballot
4 hrs
20 hrs
24 hrs
48 hrs
$3 820.00
2.2
Conduct Two (2) Property Owners
Meetings
2 hrs
4 hrs
2 hrs
2 hrs
10 hrs
$1 180.00
2.3
Attend Public Meeting - Council Meeting
2 hrs
2 hrs
4 hrs
$600.00
2.4
One (1) Project Team Coordination
Meeting
2 hrs
2 hrs
$290,00
SUBTOTAL
"TASK 3:, Final Englmie?s Report
TASK 2: PROPOSITION 218.BALLO
64 hrs
55:880.00
3.1
Prepare Final Engineer's Report
2 hrs
6 hrs
16 hrs
4 hrs
28 hrs
$2 780.00
3.2
Prepare Assessment Diagram
2 hrs
8 hrs
10 hrs
$890.00
3.3
Conduct Two (2) Property Owners
Meetings
2 hrs
4 hrs
2 hrs
8 hrs
$t 050.00
3.4
Attend Public Meeting - Council Meeting
2 hrs
2 hrs
4 hrs
$600.00
3.5
Attend Public Hearing - Council Meeting
and Ballot Tabulation
2 hrs
2 hrs
2 hrs
6 hrs
$770.00
3.6
One (1) Project Team Coordination
Meeting
2 hrs
2 hrs
$280.00
SUBTOTAL TASK 3: FINAL ENGINEER'S REPOR
58 hrs
$6,370.00
Termination Clause ffDiatnict is Abandonedbythe
Council afthe Public Hearing
TASK 4: DISTRICT FORMATION
4.1
Amend Engineer's Report as directed by
Council
2 hrs
2 hrs
1 hrs
5 hrs
$515.00
4.2
Mail Notice of Assessment
3 hrs
4 hrs
8 hrs
15 hrs
$1 280.00
4.3
Record Asmt Diagram and List of
Assessed Property Owner names
2 hrs
8 hrs
10 hrs
$690.00
4.4
Review Prelim. and Final Official
Statements
2 hrs
2 hrs
$280.00
SUBTOTAL TASK 4: DISTRICT FORMATION
32 hrs
$2 765.00
REIMBURSABLES MILEAGE, COUNTY RECORDING FEES, POSTAGE FOR MAILINGS, PLOTTING EXHIBITS FOR MEETINGS11
TOTAL FEE - DISTRICT a
$1,000.00
S:04189/ADMIN/CONTRACTS/041213 AD No. 95 ar 1G3 Cost Et -WAD No. 95 ar,d 103 Combined Propowl Fee4.ds
PROFESSIONAL SERVICES AGREEMENT WITH
HALL & FOREMAN, INC.
FOR ASSESSMENT DISTRICT ENGINEERING SERVICES
FOR UNDERGROUND UTILITIES ASSESSMENT DISTRICT NO. 103
THIS AGREEMENT is made and entered into as of this off day of 0-vrem&r-,
2004/, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
("City"), and HALL & FOREMAN, INC. a corporation whose address is 420 Exchange,
Suite 100, Irvine, California, 92602 ("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-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 assist the City in the formation of the proposed
Assessment District No. 103 including the preparation of a Preliminary Engineer's
Report, execution of a ballot vote in accordance with Proposition 218, preparation
of a Final Engineer's Report, and District Formation, as described more fully in
Exhibit A ("Project").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal members of Consultant for purposes of Project shall be Deborah
Cobb (Project Manager/Daily Point of Contact), Jon Bourgeois, P.E.
(Assessment Engineer), and Cheryl Martinez (Analyst)
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 31 st day of December, 2008, 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.
3.3 The parties agree that it is extremely difficult and impractical to determine
and fix the actual damages that City will sustain should the Consultant fail to
complete the work called for in this Agreement. Should Consultant fail to
complete the work called for in this Agreement, Consultant agrees to the
deduction of actual and reasonable damages.
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 Twenty-two thousand, nine hundred seventy and 00/100 Dollars
($22,970.00) without additional 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 advance by City.
2
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 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 Deborah Cobb 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.
If Consultant is performing inspection or construction management services for City,
the Project Manager and any other assigned staff shall be equipped with a Nextel
Plus type cellular/direct connect unit to communicate with City staff. Consultant's
Nextel Direct Connect I.D. number will be provided to City to be programmed into
City Nextel units, and vice versa.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Iris Lee
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.
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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.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the term
of this Agreement, any and all licenses, permits, insurance and other
approvals that are 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 work
promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
8.4 The term Construction Management or Construction Manager does not imply
that Consultant is engaged in any aspect of the physical work of construction
contracting. Consultant shall not have control over or be in charge of and
shall not be responsible for the project's design, City's project contractor
("Contractor"), construction means, methods, techniques, sequences or
procedures, or for any health or safety precautions and programs in
connection with the work. These duties are and shall remain the sole
C!
responsibility of the Contractor. Consultant shall not be responsible for the
Contractors' schedules or failure to carry out the work in accordance with the
contract documents. Consultant shall not have control over or be
responsible for acts or omissions of City, Design Engineer, Contractor,
Subcontractors, or their Agents or employees, or of any other persons
performing portions of the work.
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 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 any work negligently performed or
services provided under this Agreement (including, without limitation, defects in
workmanship or materials and/or design defects [if the design originated with
Consultant]) or Consultant's presence or activities conducted on the Project
(including the negligent and/or willful acts, errors and/or omissions of Consultant, 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
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 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's 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.
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 Insurance and Employer's
Liability Insurance in accordance with the laws of the State of
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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 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 one
million dollars ($1,000,000) 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.
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.
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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 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.
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. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer or
architect in charge of or responsible for the work. City agrees that Consultant shall
not be liable for claims, liabilities or losses arising out of, or connected with (a) the
modification or misuse by City, or anyone authorized by City, of CADD data; (b) the
decline of accuracy or readability of CADD data due to inappropriate storage
conditions or duration; or (c) any use by City, or anyone authorized by City, of
CADD data for additions to this Project, for the completion of this Project by others,
or for any other Project, excepting only such use as is authorized, in writing, by
Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for
damages and liability resulting from the modification or misuse of such CADD data.
All original drawings shall be submitted to City in the version of AutoCAD used by
CITY in ".dwg" file format on a CD, and should comply with the City's digital
submission requirements for Improvement Plans. The City will provide AutoCAD
file of City Title Sheets. All written documents shall be transmitted to City in the
City's latest adopted version of Microsoft Word and Excel.
19. 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.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his/her
judgment as a design professional and is supplied for the general guidance of City.
Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. 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.
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22. 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 period of three (3) years from the date
of final payment to Consultant under this Agreement.
23. 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.
24. 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 any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
26. 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.
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27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant and conclusively shall be
deemed served when delivered personally, or on the third business day after the
deposit thereof in the United States mail, postage prepaid, first-class mail,
addressed as hereinafter provided. All notices, demands, requests or approvals
from Consultant to City shall be addressed to City at:
Attn: Iris Lee
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: Jon Bourgeois, P.E.
Hall & Foreman, Inc.
420 Exchange, Suite 100
Irvine, CA 92602
Phone: 714-665-4500
Fax: 714-665-4501
28. 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, 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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29.
COMPLIANCE WITH ALL LAWS
30.
31
32.
33.
34.
35.
Kil
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.
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.
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.
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.
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.
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.
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.
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.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
day and year first written above.
APPR�O7 AS TO FORM: CITY OF NEWPORT BEACH,
/� 11 A Municipal Corporation
dw " By: -
Cit A torney Ho er Bludau, ity Manager
for the City of Newport Beach for the City of Newport Beach
ATTEST: CONSULT
LIM
Jon . Bourgeois, P. E.
Pres dent, South Coast Division
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
F:\USERS\PBW\Shared\Agreements\FY 03-04\Hall-Forman-AD-103.doc
13
October 11, 2004
Ms. Iris Lee
Project Engineer
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
EXHIBIT A
Subject: Proposal to Provide Assessment District No.103 (Area Bounded By: "G" Street, Balboa Blvd.,
%"Street, and Ocean Blvd.) Engineering Services to Establish an Underground Utility
Assessment District
Dear Ms. Lee:
The City of Newport Beach is seeking an engineering consultant qualified to provide assessment engineering services
to establish a Rule 20-B Underground Utility Assessment District No. 103 for the City of Newport Beach. Selecting the
Hall & Foreman, Inc. (HFI) team enables the City to rely on an experienced project team that has extensive experi-
ence in the formation of underground utility assessment districts and in working with property owners throughout the
process. As the City reviews HFI's qualifications, we want to draw your attention to the following key issues:
HFI's Proven Ability to Provide Assessment Engineering Services
■ HFI's key project team members, Ms. Deborah Cobb and Mr. Jon Bourgeois, P.E., have the
expertise and knowledge to establish the Districts in legal compliance with the "Municipal Improvement
Act of 1913" , the "Majority Protest Act of 1931," and Proposition 218.
■ HFI's Project Manager, Deborah Cobb, has over 15 years of assessment engineering experience and has
formed underground utility assessment districts for the cities of Laguna Beach, Hermosa Beach, San
Clemente, Newport Beach, and Manhattan Beach.
■ HFI's Assessment Engineer, Jon Bourgeois, P.E. has over 25 years of engineering experience including
the formation of assessment districts to fund street, streetlights, underground utilities, storm drain, and
sewer improvements.
■ Since Ms. Cobb assisted the City of Newport Beach to form Utility Underground District No. 82 and is
currently assisting the City with AD 92, AD 95, and 100, she is familiar with City staff and understands
the City's policies.
HFI's Team Commits toa Smooth Formation Process
■ Ms. Cobb takes pride in providing good Client service by responding to City staff and property owners in
a timely manner.
■ Since HFI's team is conveniently located in Irvine, the team can easily commute to Newport Beach to
meet with City staff, utility companies, and neighborhood leaders.
■ Ms. Cobb understands the need to communicate the formation process and the benefits of an
underground utility assessment district to the property owners and enjoys working with the public.
■ HFI's team recently formed three out of five underground utility assessment districts for the City of
Manhattan Beach. In addition, Ms. Cobb conducted powerpoint presentations for both Council
meetings and property owner meetings to discuss the formation process and the method and formula of
the assessments.
■ Ms. Cobb always meets the critical deadlines as required in the formation process.
05141-000
HFI will not be utilizing the services of subconsultants forth is project. All work will be performed in-house from HFI's
Corporate Headquarters located in Irvine, CA.
A copy of HFI's Proposed Fee is included in the separate sealed envelope marked "Proposal Fee to Provide Assess-
ment District No. 103 Engineering Services to Establish an Underground Utility Assessment District."
The proposed fee for forming Assessment District No. 103 is based on HFI's billing rates for the Fiscal Year 2003-
2004. The proposed schedule indicates that the Fee Schedule, Tasks 1 and 2, will be performed upon Notice to
Proceed for the duration of four weeks. Then HFI's district formation tasks will be on hold for approximately three
years while the utility companies are designing the project. HFI will resume the formation process starting with Task
3 approximately in Spring of 2008. HFI reserves the right to negotiate an increase in the billing rates when work
resumes and reserves the right to terminate the contract if the negotiated fees are not acceptable.
By selecting HFI, the City will receive an experienced team who understands formations, a Project Manager that
takes pride in the service provided, and assurance that Assessment District No. 103 will be formed in compliance the
with legal statutes. HFI looks forward to working with the City of Newport Beach on the upcoming District.
Respectfully,
Hail & Foreman, Inc.
Deborah Cobb
Project Manager
05141-000
Section 6 Scope of Work
Scope of Work HFI has developed the following Scope of Services to provide the City of Newport Beach
with complete Assessment Engineering services for the formation of the proposed Assess-
ment Districts. Please see Section 7, 1913/1915 Formation Checklist that HFI follows to
ensure all deadlines are met and for Quality Control.
Completion of the tasks outlined in the Scope of Services will ensure the City that all
statutory requirements are met to establish the Districts, and allow the City to levy
assessments on properties within the Districts.
Under Basic Services, HFI will provide all Assessment Engineering services to prepare the
necessary reports, maps, and documentation required by the "Municipal Improvement Act
of 1913" and "Improvement Bond Act of 1915" of the State of California Streets and
Highway Code, and the "Special Assessment Investigation, Limitation and Majority Protest
Act of 1931" and Proposition 218 of the State of California Constitution in order for the
City to conduct the proceedings and hearings to form the proposed Assessment District.
Under Extended Services, HFI will provide such additional services as may be required
and authorized by the City for the project.
Basic Services
These Basic Services will be provided for the Assessment District proposed to be formed:
TASK 1: Preliminary Engineer's Report
® Project Coordination
Meet with City staff to discuss the proposed boundary the assessment
methodology, the project schedule, and the team distribution list. Meet and
coordinate with utility companies. The public utilities will prepare plans and cost
estimate to underground the existing overhead utilities.
® Research
Gather maps, Assessor's parcel information, direct and indirect costs, and related
data required to confirm the District boundary. HFI has contracted with Real
Quest (Metroscan Online) for parcel data. Confirm certain database records with
the County of Orange Tax Assessor's Records.
® Site Review
Review the district boundaries, existing and proposed improvements, and special
benefit vs. general benefit. Field review the project site with city staff, utility
representatives and property owners.
® Database Preparation
Update property owner/parcel database information from the County. The
database will be used for the assessment roll and required mailings and will
include the following:
- Assessment Number
- Assessor's Parcel Number (APN)
- Tract and Lot Number
- Area of Lot in acres
- Front Footage
- Area signing petition
05141-000 19
Section 6 - Relative Front Footage
Scope of Work - Property Owner
- Situs Address
- Property Owner's Mailing Address
- Parcel and Building Square Footage
- Land Use
- Assessed Valuation
- Lien to Value Ratio
- Confirm database with County of Orange Tax Assessor Records
Deliverable: Database file will be provided electronically to the City.
■ Determine Petition Sufficiency
Initially prepare a database of property owners to review and confirm the
petitions. Determine if the petitions were signed by property owners representing
more than sixty percent (60%) of the assessable area of lands. Prepare and sign
the Certificate of Sufficiency of Petition.
■ Prepare Cost Estimate
Prepare cost estimate, including improvement costs, incidental costs, bond costs,
and contributions (if any), as supplied by others. Construction costs will be based
upon the construction bid. The City will coordinate the construction bid process
with the utilities.
■ Prepare Benefit Assessment Methodology and Assessment Roll
a. Discuss the benefit assessment methodology with the City, agree upon
one benefit assessment methodology and calculate the assessments for
each parcel.
b. Submit the assessment roll to City staff for approval.
■ Conduct Property Owner Information Meetings
Conduct three (3) property owner information meetings to discuss the preliminary
assessments, methodology, and formation process.
■ Attend Project Coordination Meeting
Attend staff meetings with City staff, bond counsel, financial advisor, bond under-
writer, and/or appraiser. Assist with establishing a project schedule.
■ Prepare Preliminary Engineer's Report
a. The Preliminary Engineer Report preparation is proposed to begin upon
direction of the City. And, at that time, HFI will update the parcel data infor-
mation. Prepare Preliminary Engineer's Report detailing the costs and pro-
posed assessments. The Report will be prepared by a Registered Civil
Engineer, and shall contain at least the following information:
- Plans and Specifications, to be prepared by others
- Description of Works of Improvement
- Preliminary Estimate of Costs with or without ITCC
(Income Tax Component of Contribution)
- Assessment Diagram
- Method of Benefit Assessment Spread
- Assessment Roll including:
Assessor Parcel's Number
05141-000 20
Section 6
Scope of Work
in
C.
1931 Act Information Total Assessed Value, Existing
Liens, Value to Lien Ratio
Benefit Units
Formation Assessment (1st bond sale)
Federal Income Tax component of contribution
(2nd bond sale)
- Right -of -Way Certificate (executed by Superintendent of
Streets)
- Certificate of Completion on Environmental Proceedings
(executed by Director of Public Works)
Coordinate with Special Counsel, City Attorney, Financial Advisor, Under-
writers, Property Owners, and other City Staff as required for the project.
File Preliminary Engineer's Report with the Superintendent of Streets and
with the City Clerk prior to adoption of the Resolution of Intention by the
City Council.
■ City Council Meeting
Attend one (1) City Council meeting involving adoption of the Resolution of
Intention, approval of the Preliminary Engineer's Report, approval to provide
Notice of Public Hearing and mail Ballots to property owners. Provide technical
support to the City staff, present the Engineer's report and respond to questions
as directed by City staff.
■ Prepare Proposed Boundary Map
a. Prepare and deliver two (2) original and one (1) copy of the Proposed
Boundary Map to the City for signature.
b. Record the Boundary Map at the County after the Resolution of Intention
is adopted by Council.
TASK 2: Proposition 218 Ballot Vote
■ Notice of Public Hearing/Ballot
Accomplish printing and mailing of Notice of Assessment, Notice of Public Hearing,
and Ballot to all assessed property owners of record within the proposed District.
HFI has extensive experience in preparing the cover letter, legal notice, and ballot
for submittal to the City and legal counsel for review and approval. The Notice of
Assessment will clearly indicate payment options available, first bond issue
amount, second bond issue amount and the ITCC component. This includes
printing of the cover letter, Notices and Ballots and stuffing in envelopes (City is to
provide letterhead, envelopes, and postage). HFI will mail the notices or will
provide the stuffed envelopes to the City for posting. Contents of Notice to be
prepared by bond counsel.
■ Declaration of Mailing
HFI will provide the City with signed declarations certifying that the above Notices
were mailed forty-five (45) days prior to Public Hearing.
■ Property Owner Information Meeting
Conduct two (2) property owner information meetings to discuss preliminary
assessments.
05141-000
21
Section 6 ■ Council Meeting -Resolution of Intention
Scope of Work Attend One (1) Council Meeting at which Resolution of Intention is
adopted, the Preliminary Engineer's Report is approved, and Public Hearing is set.
HFI will be available to answer questions, as necessary.
■ Public Information Meeting
Attend one (1) City Council Public Meeting to make presentations and respond to
questions, as directed by City staff.
■ Property Owner Questions
HFI will answer assessment district -related questions from residents/property
owners when referred by City staff.
■ Project Coordination Meeting
Attend staff meetings with City staff, bond counsel, financial advisor, bond under-
writer, and/or appraiser.
TASK 3: Final Engineer's Report
■ Prepare Final/Amended Engineer's Report
a. Prepare Final/Amended Engineer's Report with the confirmed
assessments based on final approved estimate of fees to be financed,
including incidental costs and financing costs.
b. File Final Engineer's Report with the Superintendent of Streets and with
the City Clerk prior to the Public Hearing.
■ Prepare Assessment Diagram
a. Prepare and deliver two (2) original and one (1) copy of the Assessment
Diagram. The Diagram will show the boundaries and each property with
its assigned Assessment Number.
■ City Council Meeting - Public Hearing
a. Attend one (1) City Council meeting involving a Public Hearing for the
District formation. Provide technical support to City staff, present
the Engineer's Report and respond to questions as directed by staff. At
the Public Hearing, HFI will tabulate the ballots and report the final
percentages weighted by dollar amount to the City prior to the end of the
Public Hearing. If a simple majority of the ballots counted by assessment
weight are in favor of forming the District, recommend formation to
City Council.
TASK 4: District Formation
■ Notice of Assessment
After the Public Hearing, accomplish printing and mailing of the Notice of
Assessment Lien confirmed to each property owner. This includes City -provided
envelopes and postage and an explanation of payments options of either (1) the
thirty (30) days cash collections or (2) the twenty (20) years bond issuance and
payment of the assessment yearly on the property tax bill.
a. Notice of Assessment will clearly indicate payment options including
1st bond issue and 2nd bond issue with ITCC portion.
b. Provide the City with signed declarations certifying that the Notice of
Assessments have been mailed.
05141-000 22
Section 6 ■ Record Assessments at County
Scope of Work Record the Assessment Diagram and the Notice of Assessment with the property
owners names at the County.
■ Prepare Amended Engineer's Report
Make any revisions to the Final Engineer's Report, as directed by City Council and
file with Superintendent of Streets.
® Review the Preliminary and Final Official Statements
s Project Team Coordination Meeting
Staff meeting to coordinate with special counsel, City attorney, financial advisor,
underwriters, property owners, and other City staff, as required for the project.
Extended Services
HFI will provide Extended Services, if requested and authorized by the City of Newport
Beach, as negotiated at the time services are requested and in accordance with the
Schedule of Hourly Rates current at the time of providing services. Extended Services may
include:
■ Preparation of additional displays and/or audio/visual materials (besides the
boundary map and assessment diagram);
® Attendance at property owner meetings and Council meetings in addition to those
included in the scope of services;
® Construction Management;
® Coordinate private property conversions during construction.
Responsibilities of the City and/or Other Consultants
■ Provide Certificate of Sufficiency of Petition Form;
■ Provide execution of Notice of Exemption;
® Designate a Project Manager to manage and coordinate the project;
■ Obtain complete design plans, and construction bid from the utility
companies;
® Right-of-way services;
■ Coordinate right-of-way entry onto private property, as required;
■ Provide letters of introduction and authorization to other agencies and utilities to
secure information, as required for the project;
■ Retain qualified legal counsel and financial advisor to provide guidance during
District formation proceedings;
® Schedule, administer, and accomplish the publishing and/or posting of required
notices in accordance with the Government Code;
■ Provide all resolutions required by the City Counsel;
■ Schedule and agendize Council meetings and hearings as required under the Act;
® Provide letterhead, envelopes, and postage for mailing of notices;
® Provide up-to-date AutoCad map file of assessment district with parcels and
boundary;
® Property valuation and tax delinquency information;
■ Prepare the Debt Service/Amortization Schedules;
■ Submit the annual assessments to the Auditor -Controller.
05141-000 23
Exhibit B
City of Newport Beach 10/11/2004
Assessment District No. 103
Fee Schedule
SCHEDULErrASK#
Dec 2004 - Jan 2005
SUMMARY OF SCOPE OF WORK ITEMS
Billing Rate Fees FY 2003-2004
Assessment
Engineer
$160 1
Project
Manager
$140
Analyst
$85
.. Project
Drafter Assistant
$90 $65
TOTALEST.
HOURS
TOTALEST.
FEES
TERMINATION
FEES
1
TASK 1: Preliminary Engineer's Report
Two (2) Meetings: City Staff and Utility Agency 6 his 6 his 12 his
$1,800.00
2
Research/Database Preparation / Sufficiency of
Petition
1 his
4 his
14 his
19 his
$1,910.00
3
Confirm Certain Database Records with County
Assessor
1 his
4 his
5 his
$480.00
Spring 2008
�T"rmina.n a.u.e if District is Abandoned due to insufficient
Billing Rates to be Negotiatied for Tasks Beginning
petitions
in Spring 2008
r ri
4
Update Database and Property Owner Information
Developed for Sufficiency of Petition
2 his
8 his
10 his
$960.00
5
Prepare Preliminary Engineer's Report
2 his
4 his
24 his
3 his
33 his
$3,115.00
6
Prepare Boundary Map/Record at County
2 his
4 his
6 his
$530.00
7
Conduct Two (2) Property Owner Meetings
3 his
9 his
6 his
18 his
$2,260.00
8
Attend One (1) Council Meeting (ROI)
2 his
2 his
4 his
$600.00
9
One (1) Project Team Coordination Meeting
2 his
2 his
$280.00
Subtotal Task 1 Preliminary Engineer's Report
TASK 2: Proposition Ballot Vote
109 his
$11,925.00
10
218
Prepare and Mail Notice & Ballot
4 his
16 his
18 his
38 his
$3,090.00
11
Attend One (1) Public Information Meeting
2 his
2 his
4 his
$600.00
12
One (1) Project Team Coordination Meeting
2 his
2 his
$280.00
Subtotal Task 2 Proposition 218 Ballot
44 his
$3,970.00
13
TASK 3: Final Engineer's Report
Prepare Final Engineer's Report
2 his
6 his
16 his
4 his
28 his
$2,780.00
14
Prepare Assessment Diagram
2 his
2 his
4 his
$350.00
15
Attend One (1) Council Meeting / Public Hearing and
Ballot Tabulation
2 his
4 his
4 his
10 his
$1,220.00
16
One (1) Project Team Coordination Meeting
2 his
2 his
$280,00
17
Subtotal Task 3 Final Engineer's Report
Termination Clause if District is Abandoned by the Council
TASK 4: District Formation
Amend Engineer's Report as directed by Council
at the Public
Hearing
2 his
2 his
1 his
44 hrs
5 his
$ 4,630.00
$515.00
18
Mail Notice of Assessment
3 his
2 his
4 hrs
9 his
$860.00
19
Record Asmt Diagram and List of Assessed Property
Owner names
2 his
2 his
4 his
$300.00
20
Review Prelim. and Final Official Statements
2 his
2 his
$280.00
Subtotal Task 4 District Formation
20 his
$1,945.00
Reimbursables (mileage, County recording fees,
TOTAL FEE - District Formed to Completion
postage for mailings, plotting exhibits for meetings)
20 his 57 his 102 his 6 his 32 his
217 his
$500.00
$22,970.00
s:04189/admin/contracts/041008 Proposal Fee AD 103.xis
OFFICE:
SURVEY:
N
,!SIM1i viw., il l
Engineering " Surveying • Planning • Landscape Architecture
SCHEDULE OF HOURLY BILLING RATES
Effective March 12, 2004
Principal
$185.00/Hour
Sr. Project Director
$160.00/Hour
Project Director
$150.00/Hour
Project Manager
$140.00/Hour
Project Engineer/Project Surveyor
$125.00/Hour
Principal Planner
$130.00/Hour
Planner
$100.00/Hour
Senior Designer
$125.00/Hour
Staff Engineer
$110.00/Hour
Entitlement Coordinator
$100.00/Hour
Designer
$105.00/Hour
Drafter
$ 90.00/Hour
Sr. Inspector/Resident Engineer
$115.00/Hour
Inspector
$105.00/Hour
Analyst
$ 85.00/Hour
Project Assistant
$ 65.00/Hour
Expert Witness
$275.00/Hour
Survey Manager
$140.00/Hour
Survey Analyst
$105.00/Hour
3-Man Survey Crew
$225.00/Hour
2-Man Survey Crew
$185.00/Hour
1-Man Survey Crew
$130.00/Hour
Note 1: It is Consultant's policy to meet all schedule requirements while maintaining a competent and
professional level of service. In return, it is expected that all invoices will be paid in a timely manner. It is agreed
and understood that all invoices will be considered delinquent sixty (60) days after invoice date. If invoice remains
unpaid on the sixty-first (61st) day after invoice date, a late fee in the form of 10 percent interest per annum will
begin accruing and Consultant will stop work on this project. Ninety (90) days after invoice date Consultant will
lien the property.
Note 2: Client shall pay the cost, plus 15%, for any applicable governmental fees, title company charges, well
monuments, outside vendor reproduction costs, in-house reproduction cost, plotting costs, mileage and delivery or
messenger services incurred on Client's behalf. If requested, we will provide a computer printout which details these
costs. We do not typically provide any additional back up for these generally nominal expenses as part of our fee.
Note 3: Miscellaneous fees shall be billed monthly as they are incurred. Invoices shall be considered due and
payable upon presentation.
Note 4: The above Schedule of Hourly Billing Rates is for straight time only. In the case of overtime, the rate
charged will be 1-1/2 times the hourly rates shown, and for Sundays and holidays, 3 times the hourly rate shown.
Note 5: The fee stated herein does not include any sales or use tax. In the event that a sales and/or use tax is
imposed by local, state, or federal authority, upon the services rendered hereunder, such sales and/or use tax shall
be in addition to said fee herein, and shall be the full responsibility of the Client.
CADocuments and Settings\Dver Nancv\Desktop\041008 Billing Rates to City NP AD 103.doe
L;Ilent;;: libbb HALLFOREM
ACORD,. CERTIFIGA E OF LIABILITY INSW 'LNCE 1DATE (MM/D
1/23/04DIYYYY)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P. O. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Santa Ana, CA 92711-0550
714 427-6810 INSURERS AFFORDING COVERAGE NAIC #
INSURED INSURERA: United States Fidelity & Guaranty
(Hall &Foreman, Inc. INSURER B: St. Paul Fire & Marine Ins. Co.
420 Exchange, Suite 100
INSURER C:
Irvine, CA 92602
INSURER D:
INSURER E:
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
LTR
D
NSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE MM/DDlYY
POLICY EXPIRATION
DATE MM/DD/YY
LIMITS
A
GENERAL LIABILITY
BKO1357391
02/01/04
02/01/05
EACH OCCURRENCE
$1 000 000
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE 5XI OCCUR
General Liab.
excludes claims
DAMAGE TO RENT D
PREMISES (Ea occurrence)S1
000 000
MED EXP (Any one person)
$1 U 000
PERSONAL & ADV INJURY
$1 000,000
X Contractual
arising out of
GENERAL AGGREGATE
52,000,000
the performance
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$2,000,000
of professional
POLICY PRO-
JECT LOC
services.
A
AUTOMOBILE
LIABILITY
ANY AUTO
BA01298186
02/01/04
02/01/05
COMBINED SINGLE LIMIT
(Ea accident)
$1 ,000,000
X
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
X
BODILY INJURY
(Per accident)
$
HIRED AUTOS
NON -OWNED AUTOS
X
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
S
AUTO ONLY: AGG
A
EXCESS/UMBRELLA LIABILITY
BKO1357391
02/01/04
02/01/05
EACH OCCURRENCE
S1,000,000
X OCCUR CLAIMSMADE
AGGREGATE
S1,000,000
$
DEDUCTIBLE
$
RETENTION $
B
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
WVA7745947
02/01/04
02f01 /05
X WC sTM oTH-
TORY LIMITS ER
E.L. EACH ACCIDENT
$1 ,000,000
E.L. DISEASE - EA EMPLOYEE
$1 ,000,000
OFFICER/MEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT
$1 ,000,000
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
* et-f0-day s nntic _ of cancellation for non-payment of premium.
Re: Assessment District No. 103
The i , ' elected or appointed officers, officials,
employees, agents, representatives and volunteers are additional insureds
(See Attached Descriptions)
%,r-m I IriLAiC nULLJrM
City of Newport Beach
Attn: Mary Locy- Public Works Specialist
3300 Newport Blvd.,
Newport Beach, CA 92658
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL EN)ax9C9)(Xr0WIL in* DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BW"V,)QRRRXpj(XnXb=XX
�utsea�clxvc�t�lxo�atr�tx�cgt�tut ast�st��a�ca>»cxxx:
REPRESENTATIVE
ACORD 25 (2001/08) 1 of 2 #S115740/M107291 TMN O ACORD CORPORATION 1988
i ®E` RIPTIONS (Continued from r ge 1) 1
on General Liability coverage but only as respects to work being performed
by the insured.
Coverage afforded the additional insured is primary and non-contributory.
Waiver of subrogation included in general liability and work comp policy.
Severability of interest included in General Liability.
AMS 25.3 (2001/08) 2 of 2 #S115740/M107291
Policy Number: 13KO1357391
Owners Lessees or Contractors (Form B)
ADDITIbNAL INSURED
Change(s) Effective: 11 / 2 3 / 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULLY. This endorsement modifies insurance policy under the following:
LIABILITY COVERAGE PART:
Schedule
Name of Person or Organization:
City of Newport Beach
Attn: Mary Locy- Public Works Specialist
3300 Newport Blvd.,
Newport Beach, CA 92658
SECTION II - WHO IS AN INSURED is amended to include as an insured the
person or organization shown in the Schedule, but only with respect to liability
arising out of°your work" for that insured by or for you.
The City of Newport Beach, its elected or appointed officers,
officials, employees, agents, representatives and volunteers
PRIMARY INSURANCE:
IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY
AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED
SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS
INSURANCE.
WAIVER OF SUBROGATION:
IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF
SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED(S), BUT ONLY AS RESPECTS
THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO.
SEVERABILITY OF INTEREST:
IT IS AGREED THAT EXCEPT WITH RESPECT TO THE LIMIT OF INSURANCE, THIS
COVERAGE SHALL APPLY AS IF EACH ADDITIONAL INSURED WERE THE ONLY INSURED
AND SEPARATELY TO EACH INSURED AGAINST WHOM CLAIM IS MADE OR SUIT IS
BROUGHT.
CL/BF 22 40 03 95
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different
date is indicated below.
(The following "attaching clause" needs to be completed only when this endorsement is issued subsequent to preparation of the policy.)
This endorsement forms a part of Policy No. WVA7745947
Issued to: Hall & Foreman, Inc.
By: St. Paul Fire & Marine Ins. Co.
Premium (if any) TBrD
We have a 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).
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 2-5% of the California workers compensation premium otherwise
due on such remuneration.
Schedule
Person or Organization Job Description
City of Newport Beach Re: Assessment District No. 103 The
Attn: Mary Locy- Public Works Special2E�ty of Newport Beach, its elected or
3300 Newport Blvd., appointed officers, officials,
Newport Beach, CA 92658 employees, agents, representatives and
volunteers
WC 04 03 06
(Ed. 4-84)
Countersigned by
Authorized Representative
Certificate of Insurance
1 of 1 #87214
Agency Name and Address: THIS CERTIFICATE IS ISSUED AS A MATTER OF
Professional Practice INFORMATION ONLY AND CONFERS NO RIGHTS UPON
Insurance Brokers, Inc. THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES
2030 Main Street, Suite 350 NOT AMEND, EXTEND OR ALTER THE COVERAGE
Irvine, CA 92614-7248 AFFORDED THE POLICIES LISTED BELOW.
Insureds Name and Address:
Hall & Foreman, Inc.
420 Exchange, Suite 100
Irvine, CA 92602
Companies Affording Policies:
A. Greenwich Insurance Company
B.
C.
D.
E.
F.
COVERAGES: THIS IS TO CERTIFY THAT 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 PER IAIN. I HE INSURANCE AFFUHUEU BY WE HULIUIES UESUHIBLU HLHEIN IS SUbJEU I I U ALL I HE I tHMS, LAULUZ
TYPE OF INSURANCE POLICY NUMBER EFF.DATE EXP.DATE
GENERAL LIABILITY
❑ Commercial General Liability
❑ Claims Made
❑ Occurrence
❑ Owner's and Contractors
Protective
AUTO LIABILITY
❑ Any Automobile
❑ All Owned Autos
❑ Scheduled Autos
❑ Hired Autos
❑ Non -owned Autos
❑ Garage Liability
El
EXCESS LIABILITY
❑ Umbrella Form
❑ Other than Umbrella Form
WORKERS'
COMPENSATION
AND EMPLOYER'S
LIABILITY
A
PROFESSIONAL
APP467750
12/15/04
12/15/05
LIABILITY'
Description of Operations/LocationsNehicles/Restrictions/Special items:
CITY OF NEWPORT BEACH ASSESSMENT DISTRICT NO. 103.
IS, ANU UUNUI I IUNJ Ur JUUM YUULAL .
POLICY LIMITS
General Aggregate:
Products-Com/Ops
Aggregate:
Personal and Adv. Injury:
Each Occurrence:
Fire Dmg. (any one fire):
Combined Single Limit:
Bodily Injury/person:
Bodily Injury/accident:
Property Damage:
Each Occurrence:
Aggregate:
Statutory Limits
Each Accident:
Disease/Policy Limit:
Disease/Employee:
Per Claim $2,000,000
Aggregate $2,000,000
$0
-written at aggregate limits of iiaoiiity not less tnan amount snown.
Certificate Holder:
THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED
WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED.
City of Newport Beach
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION
3300 Newport Boulevard
DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WILL MAIL 30
Newport Beach, CA 92658
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN
THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS
NOTICE WILL BE GIVEN.
Authorized Representative: � 11/23/04
.4,
U,
r`
0
N The St. Paul Business Foundation Series &TTRAUL
vERs
Business Automobile Policy Endorsement
United States Fidelity and Guaranty Company
5801 Smith Avenue
Baltimore, Maryland 21209
Change Number: Change(s) Effective: Policy Number: Policy Expiration:
6 111/23/2004 BA01298186 102/01/2005
Named Insured: Your Agent:
HALL & FOREMAN, INC DEALEY BENTON & ASSOC INS BKRS
SAM W PETERSON & ASSOCIATES;PACE INVESTEGATIVE 3 IMPERIAL PROMENADE #440
h SERVICES, A DIVISION OF HALL & FOREMAN, INC. SANTA ANA, CA 92707
420 EXCHANGE
CO
co SUITE 100
o IRVINE, CA 92602 Agent Code: 042919
a
m
N
0 Client Number: 0001600346 Agent's Signature:
U
Change(s)
* Additional Insured Designated Person or Organization CITY OF NEWPORT BEACH, 3300 NEWPORT BLVD., NEWPORT BEACH, CA
92663 RE: ASSESSMENT DISTRICT NOX PROJECT is Added
Form Description 03
CLBA 05 05 06 97 Business Automobile Endorsement
CL/CA 99 09 08 95 Additional Insured Designated Person or Organization
Additional Premium: WAIVED /�,��
Date Issued: 12/01/2004
Authorized Representative
INSURED Direct Bill Number
CUB 05 05 06 97 4400021453
Print Date: 12/01/2004 25% down/8 installments
Page 1 of 1
1A
U)
00
m
N
0
Q
m
N
O
O
O
N
1E
Policy Number: BAD1298186
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
DESIGNATED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following;
BUSINESS AUTO COVERAGE PART
GARAGE COVERAGE PART
TRUCKERS COVERAGE PART.
COMMERCIAL AUTO
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the
endorsement.
SCHEDULE
Name of Person or Organization:
CITY OF NEWPORT BEACH, 3300 NEWPORT BLVD,, NEWPORT BEACH, CA 92663 RE:
ASSESSMENT DISTRICT NO, 92 PROJECT
A. WHO IS AN INSURED is amended to include as an
"insured" the person or organization shown in the
Schedule as an Additional Insured. The coverage
afforded to the Additional Insured is solely limited to
liability specifically resulting from the conduct of the
Named Insured which may be imputed to the Additional
Insured. However, the naming of the person or
organization shown in the Schedule as an Additional
Insured does not increase or alter the Limit of Insurance
nor the scope of coverage of this policy.
B. EXCLUSIONS
This insurance does not apply to:
1. "Bodily injury" or "property damage" for which the
Additional Insured is obligated to pay damages by C.
reason of the assumption of liability in a contract or
agreement. But this exclusion does not apply to
liability for damages that the Additional Insured
would have in the absence of the contract or
agreement.
2. 'Bodily injury" or "property damage" arising out of
the use of your "products" or work you performed for
the Additional Insured.
3. "Property damage" to:
a. Property owned, used or occupied by or rented
to the Additional Insured.
b. Property in the care, custody or control of the
Additional Insured for any purpose of exercising
physical control.
Any coverage provided by this policy shall be excess only,
over any other valid and collectible insurance which
would apply in the absence of this policy. However, this
policy shall not be excess over any policy written as
specific excess.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Copyright, Insurance Services Office, Inc., 1993
CL/CA 99 09 08 95
United States Fidelity and Guaranty Company