HomeMy WebLinkAbout07 - Underground Assessment District 69 - West NewportApril 23, 2002
CITY COUNCIL AGENDA
ITEM NO. 7
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: UNDERGROUND UTILITIES IN WEST NEWPORT (PROPOSED
UNDERGROUND ASSESSMENT DISTRICT NO. 69)
RECOMMENDATIONS:
1. Approve a Professional Services Agreement in an amount, not to exceed,
$48,200 for Assessment District No. 69 with the firm of Harris and Associates of
Irvine, California to provide assessment engineering services for proposed
Assessment District No. 69 and authorize the Mayor and the City Clerk to
execute the Agreement.
2. Authorize a Budget Amendment in the amount of $25,113 to Account No. 7401-
05100212 from the unappropriated balance of General Fund Reserves.
DISCUSSION:
On April 11, 1994, the City Council appropriated $55,000 from the General Fund to hire
BSI Consultants to process Assessment District No. 69. On May 10, 1999, the City
Council appropriated an additional $247,800 ($200,000 from the General Fund and
$47,800 from the City's CDBG program) for Edison and Pacific Bell design work.
Edison has completed their design and Pacific Bell will be completing their design within
the next few months so the Engineers Report can be completed.
The Public Works Department originally hired BSI Associates in 1994 to process
Assessment District No. 69 to completion (now Berryman and Henigar). However,
since that time, the original staff knowledgeable in underground districts has been hired
by Harris and Associates and the original agreement with BSI has expired.
The Public Works Department recommends hiring Harris and Associates to complete
the District. There is $23,087 in unexpended funds encumbered to BSI Associates,
which will be returned to the Assessment District No. 69 CIP account so those funds
can be used for the Harris and Associates' Agreement. Therefore, only $5,113 in
additional funds is needed for the component to complete Assessment District No. 69.
SUBJECT: UNDERGROUND UTILITIES IN WEST NEWPORT (PROPOSED ASSESSMENT DISTRICT NO 69)
April 23, 2002
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In addition, the scope of work the City is requesting from Harris and Associates is
greater than requested from Berryman and Henigar as it includes the coordination of
the District once it has been formed. This portion of the contract is an additional
$20,000. Staff has requested the coordination in order to provide responsive service to
the property owners during the construction phase of the project.
Therefore, Staff requests a total of $25,113 in additional funds be appropriated from
General Fund Reserves to Account No. 7401- C5100212.
Respectfully submitted,
*t±fiL
Public Works Director
Zd - d
Richard L. Hoff tadt, P.E.
Development Engineer
Attachments: Professional Services Agreement
Boundary Maps of Proposed District
Location Maps of each Sub District
PROFESSIONAL SERVICES AGREEMENT
WITH HARRIS & ASSOCIATES, INC.
FOR PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 69
THIS AGREEMENT, entered into this day of 2002, by and
between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as
"City "), and Hams $ Associates, Inc., whose address is Executive Park, Suite 150,
Irvine, California, 92614 -4705, (hereinafter referred to as "Consultant'), is made with
reference to the following:
RECITALS
A. City is a Municipal Corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is
now being conducted under the statutes of the State of California and the
Charter of City.
B. City is planning to implement (project description) ( "Project').
C. City desires to engage Consultant to prepare and Engineer's Report and
act as an Assessment Engineer for CITY in connection with special
assessment district procedures to underground utilities for Proposed
Underground Assessment District No. 69 (Generally includes West
Newport in alley between Summit Street and 61" Street, in Seashore Drive
between 61" Street and 54'" Street, along Lido Sands Drive, along River
Avenue, along Seashore Drive between 54"' and 461' Street, along
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Seashore Drive and Neptune Avenue between 4e and 34' Street, and
along Ocean Front alley from 34' to 30' Street) upon the terms and
conditions contained in this Agreement.
D. The principal members of Consultant for purpose of the Project are Joan E.
Cox, P.E., and Jeffrey m. Cooper, P.E.
E. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to contract with Consultant under the terms and conditions provided
in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the 30th day of April, 2002, and
shall terminate on the 30th day of April, 2006, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of this
Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and
incorporated herein by reference. No rate changes shall be made during the term of this
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Agreement without prior written approval of City. Consultant's compensation for all work
performed in accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the total contract price of forty-eight thousand, two
hundred and 00/100 Dollars ($48,200.00).
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly progress invoices to City payable by City
within thirty (30) days of receipt of invoice.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with the schedule of the billing rates as set forth in Exhibit 'B ".
3.4 City shall reimburse Consultant only for those costs or expenses, which
have been specifically approved in this Agreement, or specifically approved in advance
by City. Such cost shall be limited and shall include nothing more than the following costs
incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. Actual costs and /or other costs and/or payments specifically authorized in
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advance in writing and incurred by Consultant in the performance of this
Agreement.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of ten
percent (10 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
4. STANDARD OF CARE
4.1 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 the community professional
standards. All services shall be performed by qualified and experienced personnel who
are not employed by City nor have any contractual relationship with City. Consultant
represents to City that it has or shall obtain all licenses, permits, qualifications and
approvals required of its profession. Consultant further represents that it shall keep in
effect all such licenses, permits and other approvals during the term of this Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, failure of City to furnish timely information or to promptly
approve or disapprove Consultant's work, delay or faulty performance by City,
contractors, or governmental agencies, or any other delays beyond Consultant's control.
5. INDEPENDENT PARTIES
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City retains Consultant on an independent contractor basis and Consultant is not
an employee of City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed
to constitute Consultant or any of Consultant's employees or agents to be the agents or
employees of City. Consultant shall have the responsibility for and control over the
details and means of performing the work provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement which may appear to give City
the right to direct Consultant as to the details of the performance of the services or to
exercise a measure of control over Consultant shall mean that Consultant shall follow the
desires of City only in the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies, which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with Consultant on Project.
7. PROJECT MANAGER
Consultant shall assign Project to a Project Manager, who shall coordinate all
phases of Project. This Project Manager shall be available to City at all reasonable times
during term of Project. Consultant has designated Joan E. Cox, P.E., to be its Project
Manager. Consultant shall not bill any personnel to Project other than those personnel
identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior
written approval by name and specific hourly billing rate. Consultant shall not remove or
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reassign any personnel designated in this Section or assign any new or replacement
person to Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants it will continuously furnish the necessary personnel to complete
Project on a timely basis as contemplated by this Agreement.
B. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and Consultant shall perform the services in accordance with the schedule specified
below. The failure by Consultant to strictly adhere to the schedule may result in
termination of this Agreement by City and assessment of damages against Consultant for
delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays,
which are due to causes beyond Consultant's reasonable control. However, in the case
of any such delay in the services to be provided for Project, each party hereby agrees to
provide notice to the other party so that all delays can be addressed.
8.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days after the start
of the condition, which purportedly causes a delay, but not later than the date upon which
performance is due. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays, which are beyond
Consultant's control.
C.
8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances by
telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order to
ensure that Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subject to approval of the Project
Administrator and City Council.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or
are desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damages, or any other claims arising from any and all negligent acts or
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omissions of Consultant, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement, excepting only the
active negligence or willful misconduct of City, its officers or employees, and shall include
attorneys' fees and all other costs incurred in defending any such claim. Nothing in this
indemnity shall be construed as authorizing, any award of attorneys' fees in any action on
or to enforce the terms of this Agreement.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement of
work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must be
filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, agents, representatives and
employees as additional insured for all liability arising from Consultant's services as
described herein.
Insurance policies with original endorsements indemnifying Project for the
following coverages shall be issued by companies admitted to do business in the State of
California and assigned Best's A- VII or better rating:
A. Worker's compensation insurance, including "Wavier of Subrogation"
clause, covering all employees and principals of Consultant, per the laws of
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the State of California.
B. Commercial general liability insurance, including additional insured and
primary and non - contributory wording, covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury
and property damage. If commercial general liability insurance or other
form with a general aggregate is used, either the general aggregate shall
apply separately to this Project, or the general aggregate limit shall be twice
the occurrence limit.
C. Commercial auto liability and property insurance, including additional
insured (and primary and non - contributory wording for waste haulers only),
covering any owned and rented vehicles of Consultant in a minimum
amount of $1 million combined single limit per accident for bodily injury and
property damage.
D. Professional errors and omissions insurance, which covers the services, to
be performed in connection with this Agreement in the minimum amount of
one million Dollars ($1,000,000.00).
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give City prompt and timely notice of claim made or suit
instituted arising out of Consultant's operation hereunder. Consultant shall also procure
and maintain, at its own cost and expense, any additional kinds of insurance, which in its
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own judgment may be necessary for its proper protection and prosecution of the work.
Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, which
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing workers compensation, comprehensive general,
and automotive liability insurance to either Consultant or City with respect to the services
of Consultant herein, a waiver of any right of subrogation, which any such insurer of said
Consultant may acquire against City by virtue of the payment of any loss under such
insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any of the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or co- tenant if Consultant is a partnership or joint - venture
or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power, or twenty-five percent (25 %) or more of the assets of the
corporation, partnership orjoint - venture.
15. OWNERSHIP OF DOCUMENTS
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Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed documents for other projects
and any use of incomplete documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived as against Consultant and City
assumes full responsibility for such changes unless City has given Consultant prior notice
and has received from Consultant written consent for such changes.
Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless City authorizes the release of information.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. City will provide access to and upon request of Consultant, provide one
copy of all existing record information on file at City. Consultant shall be
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entitled to rely upon the accuracy of data information provided by City or
others without independent review or evaluation. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's work
schedule.
B. Provide blueprinting, CADD plotting, copying and other services through
City's reproduction company for each of the required submittals. Consultant
will be required to coordinate the required submittals with City's
reproduction company. All other reproduction will be the responsibility of
Consultant and as defined above.
C. City staff will provide usable life of facilities criteria and provide information
with regards to deficient facilities.
D. City will prepare and provide to Consultant street base digital file in
AutoCAD (DWG) compatible format.
18. ADMINISTRATION
The Public Works Department will administer this Agreement. Richard L.
Hoffstadt, P.E., shall be considered the Project Administrator and shall have the authority
to act for City under this Agreement. The Project Administrator or his/her authorized
representative shall represent City in all matters pertaining to the services to be rendered
pursuant to this Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
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records with respect to the costs incurred under this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City during normal business
hours to examine, audit and make transcripts or copies of such records. Consultant shall
allow inspection of all work, data, documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
20. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not discontinue
work for a period of thirty (30) days from the date of withholding as a result of such
withholding. Consultant shall have an immediate right to appeal to the City Manager or
his designee with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of seven percent (7 %) per annum from the date
of withholding of any amounts found to have been improperly withheld.
21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than would have
resulted if there were not errors or omissions in the work accomplished by Consultant, the
additional design, construction and /or a restoration expense shall be bome by Consultant.
Nothing in this paragraph is intended to limit City s rights under any other sections of this
Agreement.
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22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
23. CONFLICTS OF INTEREST
A. Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination
of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation
of this Section.
24. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall not be assigned, transferred, contracted or subcontracted without
prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States mail,
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postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
(949) 644 -3311
Fax (949) 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Joan E. Cox, P.E.
Harris & Associates
34 Executive Park, Suite 150
Irvine, CA 92614 -4705
(949) 655 -3900
(949) 655 -3995 Fax
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
(2) days after receipt by defaulting party from the other party of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
nondefaulting party may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
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26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant as
provided herein. Upon termination of this Agreement, City shall pay to Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein whether of the same or a
different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
30. 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
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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.
31. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in responsible charge of the work. City agrees that Consultant shall not be
liable for claims, liabilities or losses arising out of, or connected with (a) the modification or
misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy
or readability of CADD data due to inappropriate storage conditions or duration; or (c) any
use by City, or anyone authorized by City, of CADD data for additions to this Project, for
the completion of this Project by others, or for any other project, excepting only such use
as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to
indemnify Consultant for damages and liability resulting from the modification or misuse of
such CADD data.
All drawings shall be transmitted to the City in the City's latest adopted version of
AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in
the City's latest adopted version of Microsoft Word and Excel.
32. PATENT INDEMNITY
Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM:
City Attorney
ATTEST:
By:
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Mayor
HARRIS & ASSOCIATES
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io
Assessment Engineering Services EXHIBIT "A"
Proposed Assessment District No. 69 Scope of Services
SCOPE OF SERVICES
The following is our scope of services for the formation of Assessment District No. 69, which
encompasses approximately 500 parcels of land. Based on discussions with City staff, the City has
decided to go forward with the establishment proceedings without the usual 60% petition
requirement.
This scope assumes the assessment district will formed under the authority of the Municipal
Improvement Act of 1913. Therefore, all elements required by the 1913 Act and Article XIIID of the
California Constitution (Proposition 218), as well as the provisions of the Debt Limitation Act of
1931, will be provided to the City, including an Engineer's Report that utilizes an appropriate
assessment methodology for apportioning the costs to all properties receiving "special benefits" from
the facilities. The Engineer's Reports will be prepared and signed by a registered Professional Civil
Engineer.
Phase 1 • Engineer's Report and Formation Proceedings
1. In conjunction with the City staff, determine proposed assessment district boundary and any
zones of benefit.
2. Obtain and utilize the Orange County Assessor property owner information to create a property
owner data base that will be used for required mailings and assessment apportionment.
3. Prepare a database showing Assessment Number, Assessor's Parcel Number, area of each lot in
acres, assessed value, front footage, owner, address of property, mailing addresses and any other
pertinent and/or required information.
4. Assist Bond Counsel and City Staff in establishing a project schedule.
5. Prepare the Boundary Map and the Assessment Diagram for the Assessment District from an
electronic base map supplied by the City.
6. Prepare the draft Preliminary Engineer's Report in accordance with the 1913 Act, the 1931 Act
and Proposition 218, to include the following:
• 1931 Act information and tables
• Plans and specifications (by reference)
Description of works of improvements
• Preliminary estimate of costs
• Assessment Diagram
• Method of assessment apportionment
• Assessment roll with preliminary assessments
• Right -of -Way Certificate (executed by Superintendent of Streets
• Certificate of Completion (executed by Director of Public Works)
7. Finalize the Preliminary Engineer's Report, including apportionment and method of assessment
distribution, based on comments received.
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Assessment Engineering Services EXHIBIT "A"
Proposed Assessment District No. 69 Scope of Services
8. File Preliminary Engineer's Report with Superintendent of Streets.
9. Attend the City Council meeting at which Resolution of Intention and Preliminary Engineer's
Report are considered and Public Hearing is set (includes 1 meeting).
10. Prepare Boundary Map for recordation and record.
11. The Notices of Public Hearing and Assessment Ballots will be prepared, including the property
owner's name and mailing address, Assessor's parcel number and preliminary assessment
amount, for mailing to all assessed property owners of record within the proposed district. Work
will be performed in accordance with the 1913 Act and Proposition 218. This scope assumes
Special Council and the City will review and approve the contents of the Notice and that the City
will provide the envelopes and postage for mailing. Prepare a written declaration that this task
has been completed.
12. Prepare Confirmed Engineer's Report in which the confirmed assessment apportionment is based
on final approved estimate of fees to be financed, including incidental and financing costs.
13. File Confirmed Engineer's Report with the Superintendent of Streets.
14. Attend the City Council meeting at which the Public Hearing is conducted to provide technical
support and answer questions. Tabulate the assessment ballots after the close of the public
hearing and present the results to the City Council (includes 1 meeting).
15. Attend utility coordination meetings on an as- needed basis. Coordinate between City and
property owners as required. Attend property owner information meetings to discuss preliminary
assessments and confirmed assessments. Participate in coordination meetings with City staff,
bond counsel, financial advisor, bond underwriter, appraiser, and other project consultants.
Phase 2 • Assessment Confirmation and Bond Sale
16. Prepare the Notice of Assessment, List of Assessed Property Owner Names and Assessment
Diagram for recordation and record.
17. The Notice of Assessment will be prepared and will including the confirmed assessment amount
as well as cash payoff amount, for mailing to all assessed property owners of record within the
confirmed district. This scope assumes Special Council reviews the contents of the Notice and
that the City will provide the envelopes and postage for the mailing. Prepare a written declaration
that this task has been completed.
18. Prepare the List of Paid and Unpaid Assessments for use by the City.
19. Assist t e ity an project team wi ieview o the Preliminary Of icral- Stateent-,Yffd-dlL- -
Official Statement, and provide basic assessment engineering, as necessary, to bring the project
to the point of initial bond sale.
20. Participate in meetings with City staff, project administration and coordination with City staff,
property owners, bond counsel, financial advisor, bond underwriter, appraiser, and other project
consultants.
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Assessment Engineering Services EXHIBIT "A"
Proposed Assessment District No. 69 Scope of Services
Phase 3 - Property Owner Coordination after Formation
21. Answer property owner questions relating to the underground district, service connections,
building permits and all other miscellaneous questions related to the undergrounding.
22. Mailing No. 1: Mail letters to property owners telling them that the Edison contractor is starting
work.
23. Mailing No. 2: Mail letters to property owners telling them that it is time to connect to the new
underground system once Edison has completed installation of the underground conduits and
vaults.
24. Research all returned letters to determine correct address and remail.
25. Keep accurate records to avoid multiple letters to homeowners.
26. Mailing No. 3: Mail follow -up letter about 2 months after Letter #2 was mailed to owners that
have not pulled Electrical Permits. The Building Department will provide the Public Works
Department with a list of those property owners that have been issued Electrical Permits.
27. Research all returned letters to determine correct address and remail.
28. Mailing No. 4: Mail follow -up letter about 2 months after Letter #2 was mailed to owners that
have not pulled Electrical Permits. The Building Department will provide the Public Works
Department with a list of those property owners that have been issued Electrical Permits. This
letter will have a final conversion date with a statement of legal ramifications.
29. Work with City to get any stragglers to underground their services. This may require additional
letters, most likely reviewed and approved by the City Attorney's office.
Exclusions
The following items of work are excluded from the Scope of Services:
a. Right -of -way services.
b. Post - Public Hearing Services (except as noted), including debt service (amortization) schedules
and placement of assessments on tax roll.
c. Property valuation and tax delinquency information.
d. Advertising of notices in newspaper.
e. Preparation of improvement plans, specifications, and bid documents.
Services and Information to be Provided by Others
The following information will be provided by the City or others:
a. Posting of Notices and Construction Inspection.
C:\WINDOWS\TempomrYIntemetFiles \OLK50FI\eh-A2-doe Page A -3
Assessment Engineering Services EXHIBIT "A"
Proposed Assessment District No. 69 Scope of Services
b. Postage, letterhead and envelopes for property owner mailings.
c. Fiscal administration.
d. Rights -of -entry onto private property, as required.
e. Current maps, records, plans, etc., that pertain to this project will be provided by the Public
Works Department and/or utility companies, as appropriate.
f Preparation and execution of Notice of Exemption (enviromnent documents, etc.)
g. Utility construction cost estimates provided by respective utility companies.
h. Preparation of Certificate of Sufficiency provided by Bond Counsel.
Preliminary Schedule
The following schedule is an estimated timeline of project tasks and is based on receiving final cost
estimates for the improvements in late May, 2002.
Task Est. Date
Apr
I Mavl
Jun
I Jul
Aug
Sep
Oct
Nov
Notice to Proceed earl A r -02
Define Proposed District Boundary late Apr-02
Research and Prepare Database mid May-02
Receive Final Cost estimates from Utilities by late May-02
Prepare Boundary Map & Asmt Diagram late May-02
Prepare 1 st Draft Pref. Engineers Report earl Jun -02
Review Comments with Project Team mid Jun -02
Prepare 2nd Draft Prel. Engineer's Report late Jun -02
Review Comments with Project Team earl Jul -02
Submit Prel. Engineer's Report mid Jul -02
Resolution. of Intention 23- Jul -02
Notice /Ballot Production and Mailing by 9-Aug-02
45 Day Noticing Period thru 24-Sep-02
Property Owner Information Meeting late Aug-02
Submit Final Engineer's Report mid Sep-02
Public Hearin 24-Sep-02
Notice of Asmt Production and Mailing late Sep-02
Da Cash Collection Period thru late Oct -02
130
Com ilation of Paid/Unpaid List earl Nov -02
C:\WINDOWS\TenToTarylntemetFilcs\OLK50FI\exh—A2.doo Page A-4
Assessment Engineering Services
Proposed Assessment District No. 69
FEE SCHEDULE
The following fees have been based on the Scope of Services described in Exhibit "A ":
Phase 1 - Engineer's Report and Formation Proceedings
EXHIBIT "B"
Fee Schedule
Tasks 1 through 14 (including ROI and Public Hearing meetings) ............... $23,000 lump sum
Task 15 (Utility, Project Team and Property Owner meetings) ..... $600 lump sum per meeting
Phase 2 - Assessment Confirmation and Bond Sale
Tasks 16 through 19 .......:......................... ............................... .........................$4,000 lump sum
Task 20 (Project Team meetings)
....... $600 lump sum per meeting
Phase 3 - Property Owner Coordination after Formation
Tasks 21 through 29 ........................... ............................time & materials, estimated at $20,000
These lump sum fees and the time & material rates shown below include most indirect costs such as
vehicle usage and mileage, equipment usage (including computers), and printing and copying, and
are based on the assumption that the Assessment District will be formed prior to December of 2002.
Harris' current schedule of hourly rates are provided below.
If the City chooses to have Harris mail the notices, reimbursement for postage will be billed at cost
plus 10 %.
Invoices will be submitted monthly for services performed in the previous month. Undisputed
invoices will be paid within 30 days of receipt.
SCHEDULE OF HOURLY RATES
Project Director ............... ...............................
$200 / hour
Project Manager .............. ...............................
$170 / hour
Sr. Project Engineer ........ ...............................
$150 / hour
Project Engineer .............. ...............................
$140 / hour
Junior Project Engineer ... ...............................
$120 / hour
Sr. Project Analyst ............ ...............................
$90 / hour
Sr. Drafting Technician ..... ...............................
$95 / hour
Project Analyst .................. ...............................
$75 / hour
-- Clerical Staff. . ....... __
.$60 / hour
These hourly rates may be updated on an annual (calendar year) basis.
C:\WD-TDOWS\TcrMomrylntemetFilcs\OLK50FI\exh—B2.do Page B -1
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City of Newport Beach
BUDGET AMENDMENT
2001 -02
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
rx I from unappropriated fund balance
EXPLANATION:
NO. BA- 039
AMOUNT: $25,113.00
Increase in Budgetary Fund Balance
AND X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To transfer funds provide for a professional services agreement for engineering services in the undergrounding of
utilities in West Newport, Assessment District No. 69.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
010 3605
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
General Fund Balance
Description
Amount
Debit Credit
$25,113.00
Description
Division Number 7401 Assessment Districts
Account Number C5100212 Assessment District No. 69 $25,113.00
Division Number
Account Number
Division Number
Account Number
Division Number
Account Number
Division Number
Account Number
• Automatic System Entry.
Signed:
9Z.4 oval:: Adminis rative ervices Director Date
Signed: 0z-
Administrative Approv pK City Manager ate
Signed:
City Council Approval: City Clerk Date