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Home My WebLink About07 - Underground Utilities District 78 - Little Island on Balboa IslandMarch 22, 1999 CITY COUNCIL AGENDA ITEM NO. 7 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: UNDERGROUND UTILITIES ON LITTLE ISLAND ON BALBOA ISLAND (PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 78) RECOMMENDATIONS: 1. Authorize a Budget Amendment to appropriate an additional $4,517.00 from the General Fund to Assessment District No. 78, Account No. 7401- C5100297, to pay for the additional work required to carry the district through the public hearing. 2. Authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with GFB- Friedrich & Associates to increase the amount of compensation by $4,517.00 from $24,950.00 to $29,467.00 and extend the agreement until June 30, 1999. DISCUSSION: On August 28, 1995, the City Council approved a contract with GFB- Friedrich & Associates to act as the Assessment Engineer for the Proposed Underground Assessment District No. 78 (see Exhibit "A "). The original contract was for an amount not to exceed $24,950.00 with an expiration date of June 30, 1997. It was anticipated that the undergrounding district would be completed by the June 30, 1997 date. However, additional work beyond the Scope of Work of the original agreement was required due to the long period of time that has elapsed. The additional work included revarification of property owner's names and addresses as well as land and improvement values for the various databases used for the assessment district. It is anticipated that the District will be ready for public hearing in April or May 1999 as the Edison, Pacific Bell and Comcast Cable plans are complete and the Engineers Report is almost complete except for Edison's final cost estimate. The only thing that still needs to be completed is the dedication of easements for the Edison lighting proposed for the alleys which should be completed within the next couple of months. The Assessment Engineer is requesting an increase in fees of $4,517.00, which will bring the total contract amount to $29,467.00. This increase in fees is justified . considering the delays in the project, which caused the additional work and expenses. SUBJECT: Underground Utilities on Little Island on Balboa Island (Proposed Underground Assessment District No. 78) March 22, 1999 Page: 2 Compensation to GFB- Friedrich & Associates for the above services will be based on the firm's standard hourly rates. These costs will be reimbursed to the City by the district if it is formed at the final public hearing, but will be lost if the district is not formed. It is recommended that additional funds be loaned to the proposed district in order to continue the district until completion. X ectfully mitted, Don Webb Public Works Director i By: Richard L. Hoff tz(dt, P.E. Development Engineer Attachments: Exhibit "A" - City Council Staff Report dated August 28, 1995 Exhibit "B" - Amendment to Agreement, Amendment No. 1 • Budget Amendment 1* \\mis_l\Sys \users\pbvAshared\ council \fy98- 99\mar- 22\ad78- eng -2.doc • 0 40 TO FROM CITY COUNCIL Exhibit "A" August 28, 1995 CITY COUNCIL AGENDA ITEM NO. 10 MAYOR AND MEMBERS OF THE CITY COUNCIL PUBLIC WORKS DEPARTMENT SUBJECT: UNDERGROUND UTILITIES ON LITTLE ISLAND ON BALBOA ISLAND (PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 78) RECOMMENDATIONS: 1, Appropriate the sum of $45,000.00 from the General Fund as a loan to proposed Assessment District No. 78 to continue the district; pay for the Engineer's Report, the Edison and Pac Bell cost estimates, Bond Counsel, and to carry the district through the public. hearings. 2. Approve a contract in the amount of, not to exceed, $24,950,00 for the district with the firm of GFB- Friedrich & Associates of Riverside to provide assessment engineering services for proposed assessment District No. 78 and authorize the City Manager to execute the contract. DISCUSSION: Owners of property located on Little Balboa Island in Proposed Assessment District No. 78, have submitted petitions to the City requesting that a special assessment district be formed to underground utilities. The location of the district is shown on the attached sketch. The Assessment Engineer prior to proceeding with the proposed district will verify the petitions to determine if 60% of the assessable area is represented in the petitions. It is estimated that it will cost $45,000.00 to process the proposed district through the Public Hearings. $25,000 is for the assessment district engineer and $20,000 is for Pac Bell and Edison cost estimates. The interest in this assessment district is strong and there does not seem to be any organized protest. Therefore it is recommended that the funds be loaned to the proposed district as shown in Step 4 of the following brief description of the procedure that has been used in the past to underground utilities in residential neighborhoods through the use of the Municipal Improvement Act of 1913: 1. Proponents request information from the City about the procedures used to underground utilities. 2. The staff reply includes estimated costs, and offers to provide petitions which may be circulated by the proponents. Proponents are advised that all owners of property within the proposed district must be asked to sign a petition, and that the signature of the owners of 60% of the area of assessable land in the district must be secured in order to assure the staff that there is sufficient demonstrated support to recommend the expenditure of public funds that will not be recovered if the district is not formed. SUBJECT: UNDERGROUND UTILITIES ON LITTLE ISLAND ON BALBOA ISLAND. (PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 78) August 28, 1995 Page 2 3. The petitions are returned to the staff and checked by the staff. 4. Funds are requested from the City as a loan to initiate proceedings and carry the district up to the close of the public hearing. The funds provide for the preparation of plans and the submission of guaranteed fixed prices to make the improvement; preparation of an Engineer's Report; legal counsel; and other expenses required before the public hearing. 5. The public hearings are held. If the district is formed, the funds advanced by the City will be recovered with interest from the proceeds of the cash collection period and the bond sale. If the district is abandoned, the funds are not recovered. 6. The improvements are constructed by the public utilities. 7. Individual services connections on private property are converted by their owners. A proposal was received from GFB- Friedrich & Associates to serve as Assessment Engineers and provide related services at a bid price of $24,950.00. The principal services included in the scope of work are summarized as follows: 1. Based on petitions received, determine assessment district boundary. 2. Obtain and utilize Orange County Assessors property owner information to create a property owner data base that will be used for required mailings and assessment spreads. 3. Prepare a spread sheet showing Assessment _Number, Assessor's parcel Numbers, tract and lot number, front footage, area of each lot in acres, area signing petition, relative front footage, owner, address of property, mailing address, and any other pertinent and /or required information. 4. Based on petitions received, determine whether sufficient valid petitions exist to proceed with the assessment district formation, or whether additional petition - gathering efforts are needed. 5. Upon determination that sufficient valid petitions exist to proceed with the formation of the assessment district, execute Certificate if Sufficiency of Petition. 6. Assist bond attorney and City staff in establishing a project schedule. 7. Attend utility coordination meetings on an as- needed basis. Coordinate between City and property owners as required (assume 3 meetings). 8. Prepare Boundary Map of assessment district. SUBJECT: UNDERGROUND UTILITIES ON LITTLE ISLAND ON BALBOA ISLAND. (PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 78) August 28, 1995 Page 3 9. Prepare Preliminary Engineer's Report which will include the following: 1931 Act information and tables Plans and specifications (by reference) Description of works of improvement Preliminary estimate of costs Assessment diagram Method of assessment spread Assessment roll with preliminary assessments. Right -of -Way Certificate (executed by Superintendent of Streets) Certification of Completion (executed by Director of Public Works) 10. Attend property owner information meeting to discuss preliminary assessments. 11. File Preliminary Engineer's Report with Superintendent of Streets. 12, Attend City Council meeting at which Resolution of Intention is adopted, Preliminary Engineer's Report is approved, and Public Hearing is set. Answer questions as necessary. 13. Prepare boundary map for recordation at Orange County Recorder's Office. 14. Print and mail Resolution of Intention, preliminary assessment amount, and time and place of Public Hearing to each assessed property owner of record, as required by 1913 Act proceedings (contents of notice will be provided by bond counsel). Prepare written declaration that this has been done. 15. Prepare Amended Engineer's Report in which the confirmed assessment spread is based on final approved estimate of fees to be financed, including incidental costs and financing costs. 16. File Amended /Confirmed Engineers Report with the Superintendent of Streets. 17. Attend property owner information meeting to discuss confirmed assessments. 18. Attend Public Meeting and Public Hearing, at City Council meetings and make presentations as required. 19. Make revisions to Engineer's Report as ordered by the City Council. 20. Print and mail confirmed assessment amount and Notice of Assessment to each assessed property owner of record within the assessment district. Prepare written declaration that this has been done. 21. Prepare Assessment Diagram, Notice of Assessment, and list of assessed property owner names for recordation at Orange County Recorder's Office. 22. Review Preliminary and Final Official Statements. SUBJECT: UNDERGROUND UTILITIES ON LITTLE ISLAND ON BALBOA ISLAND. (PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 78) August 28, 1995 Page 4 23. Staff Meetings, project administration, and coordination with City staff, bond counsel, financial advisor, bond underwriter, appraiser, and other project consultants (assume 3 staff meeting in addition to the meetings described above). This item shall include answering questions and providing information to property owners, project proponents, community association representatives, etc. It is recommended that the Contract be given to GFB- Friedrich & Associates, Inc. to provide the necessary services for the proposed district. Compensation to GFB- Friedrich & Associates for the above services will be based on the firm's standard hourly rates, with an estimated maximum fee of $24,950.00 total for the district. These costs will be reimbursed to the City by the district if it is formed at the final public hearing, but will be lost if the district is not formed. An exhibit is attached for reference. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director By Dick Hoff a Subdivision Engineer Attachment 9 4SSESSMENT DISTRICT BOUNDARY IF 117 23 S.4 L& OA PARK I'S 111il ur: 31�1 R, ASSESSMENT DISTRICT NO- 78. 5 . .. ... immi:ME'll no .. .. .... Pct LOCATION MAP WT O —3> L17-7—LE BALBOA ISLAND N —z_ IC3 EXHIBIT I . .... ..... C4 . . ..... .... ... ... . ......... . ..... ... z: mom- ........ . ..... . .. - 111 tr . ... . .. . . . ....... . U¢ i[ umm: i —F 106 :m 4i I Ms.. 66 WT O —3> L17-7—LE BALBOA ISLAND N —z_ IC3 EXHIBIT I Exhibit "B" AMENDMENT TO AGREEMENT Services for Amendment No. 9 dated , 19, to the Agreement dated Auaust 28 19 95 , by and between the City of Newport Beach (hereinafter known as "City ") and GFB- Friedrich & Assoc., Inc. (hereinafter known as "Engineer ") for the project known as Utilities Underaroundina Assessment District No. 78 (Little Balboa Island) , shall be performed by consultant and becomes effective after being signed by both parties to the Agreement and dated above. The Scope of Work, consultant fee and schedule to completion are as given below. Scope of Work: Page 1 of 2 Engineer has performed, or will perform, additional work beyond the Scope of Work of the original Agreement due to the long period of time that has elapsed since the last major work was performed for this project in 1996. This time lag has resulted from the length of time it has taken Southern California Edison and Pacific Bell to prepare their facility designs and construction cost estimates. The additional work includes: 1. Updating of property owner's names and addresses, as well as land and improvement values, for various data bases for this assessment district including the Certificate of Sufficiency of Petition, Assessment Spread, 1931 Act Table of Values, mail merge file for mailing notices and ballots, Protest Log, and 30 -day Cash Collection Register. Approximately 49 percent of the property owner names and addresses changed in some way. The Certificate of Sufficiency of Petition has been executed and sent to the City and to the bond attorney. All of the above work is complete. Principal 35.0 hours @ $96.00 /hr $ 3,360.00 Clerical 8.0 hours @ $37.00/hr 296.00 Subtotal, Item No. 1 $ 3,656.00 (Continued) Requested By: John A. Friedrich Title: President/Assessment Engineer Projected Completion Date: June 1t 19 99 No. of Working Days to Complete: - -- Consultant Fee: $ 4.517.00 Total Fee This Project: $ 29.467.00 (this Amendment only) (including this Amendment) City Engineer Signature: Signature: Title: Title: esident n �J 9 City of Newport Beach BUDGET AMENDMENT 1998 -99 jECT ON BUDGETARY FUND BALANCE: Ir��tl Increase Revenue Estimates I X I Increase Budget Appropriations AND X IL—�I Transfer Budget Appropriations from existing budget appropriations from additional estimated revenues qX from unappropriated fund balance EXPLANATION: NO. BA- 054 AMOUNT: 54,517.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To advance $4,517 to proposed Assessment District No. 78 for amendment 1 to the contract to underground utilities. If the proposed assessment district is formed, the funds will be reimbursed to the City by the District. Historically, the City has advanced funds to other districts. There have been no prior budget amendments to this capital project account, This brings the total Professional Service Agreement from $24,950 to $29,467. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description Assessment District 400 3605 Fund Balance Control .NUE APPROPRIATIONS (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Amount Debit Credit $4.517.00 $4,517.00 Division Number Account Number Automatic System Entry. Signed: Financi Approval: Finance Dire f Date Signed: 1/61� 2 S� d inistrative Approval: Cit anager Date Signed; City Council Approval: City Clerk Date Description Division Number 7401 Assessment District- Capital Project Account Number C5100297 Underground Utilities A.D. 78 Division Number Account Number Division Number Account Number Division Number Account Number Amount Debit Credit $4.517.00 $4,517.00 Division Number Account Number Automatic System Entry. Signed: Financi Approval: Finance Dire f Date Signed: 1/61� 2 S� d inistrative Approval: Cit anager Date Signed; City Council Approval: City Clerk Date