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HomeMy WebLinkAbout19 - 04BA-076 - Assessment District 100CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 19 June 22. 2004 TO: Mayor and Members of the City Council FROM: Public Works Department Iris Lee, Junior Civil Engineer 949 - 644 -3311 ilee @city.newport- beach.ca,us SUBJECT: REQUEST FOR FUNDING FOR PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 100 (AREA BOUNDED BY: WEST BALBOA BOULEVARD, WEST OCEAN FRONT, ISLAND AVENUE, AND 13TH STREET) RECOMMENDATIONS: Approve a budget amendment authorizing an advance from the General Fund in the amount of $110,650.00 to Assessment District No. 100 and appropriate $67,200.00 to 74100 -9810 for SCE electric design, $22,000.00 to 74100 -9811 for SBC phone design, and $21,450.00 to 74100 -9812 for assessment engineering services. Authorize the City Manager to execute a Professional Services Agreement with Hall & Foreman, Inc. in the not to exceed amount of $21,450.00 for assessment engineering services. DISCUSSION: The property owners of Proposed Underground Assessment District No. 100 have submitted petitions to the City requesting a special Assessment District be formed to finance and underground overhead utilities. The boundaries of the proposed District are shown on the attached Exhibit "A ". One of the initial steps in the District formation process is the circulation of the Petition for Special Assessment Proceedings. Proponents of the District circulated a petition to the property owners and have submitted the signed petition to the City. The submitted signatures represent over 60 percent (60 %) of the assessable area within the proposed District. The City's guidelines require a minimum of 60 percent (60 %) in favor of the District in order to proceed with the formation of a District. In anticipation that the District would move forward, staff called for proposals from qualified firms to provide assessment engineering services. Staff negotiated a not to exceed fee of $21,450.00 for services with the firm Hall & Foreman, Inc. The assessment engineering services to be provided by Hall & Foreman, Inc. are detailed in the attached Professional Services Agreement and include identifying, analyzing, and SUBJECT: REQUEST FOR FUNDING FOR PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 100 June 22, 2004 Page 2 determining the correct apportionment of costs in addition to preparing the Assessment Engineers Report. Hall & Foreman, Inc. will also prepare the voting ballots in accordance with the requirements of Proposition 218. The ballots are weighted by "financial obligation" (the amount of the property's assessment). The District formation proceedings are pursuant to the "Municipal Improvement Act of 1913" (Division 12 of the Streets and Highways Code of the State of California). Bonds will be sold pursuant to the "Improvement Bond Act of 1915," Division 10 of said Code. Southern California Edison (SCE) and SBC Communications, Inc. (SBC) are responsible for the design of their utilities. In order to initiate the design of these facilities, the City must remit $67,200.00 to SCE and $22,000.00 to SBC. The utility and engineering costs will be reimbursed to the City by the District if it is formed at the final Public Hearing. However, the funds will not be recovered if the District is not formed. The City Council has previously authorized the advancements of funds for other districts. Environmental Review: This project qualifies for a Class 2 California Environmental Quality Act (CEQA) exemption under Section 15302, item "d" of the Implementing Guidelines as follows: "Conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding." Public Notice: Not Applicable at this time. Funding Availability: Upon approval of the recommended budget amendment, sufficient funds will be available in the following account: Description Account No. Amount 74100 -9810 SCE Design Fee $67,200.00 74100 -9811 SBC Design Fee $22,000.00 74100 -9812 Assessment Engineer Fee $21,450.00 TOTAL $110,650.00 Prepared by: Submitted by: Iris Stephen G. B duke" for Civil Engineer Public Works Director Attachments: Exhibit "A ", Boundary Map of Proposed District PSA — Hall & Foreman Budget Amendment SCE Fee Proposal SBC Fee Proposal �o u� n W a U .AUWAW =-E – _,- i LU LU i i ._.l! _ L. � I I it I I j i JI LM 90l 9 Ellzloodl� Toy 3AV ONVISI 0 o 009 ti0S LOS 1 909 60S go9 3 llS F-tov,'� U9 glg ' FV-9 , 8�9 29 `OZ9 M ~ (D o O� 133a1S H19 o no 009' ll9 Zl9 H t49; Jl9 9L9' �7 4 , 819 4. 6l9 OZ9! 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FOR ASSESSMENT DISTRICT ENGINEERING SERVICES FOR UNDERGROUND UTILITIES ASSESSMENT DISTRICT NO. 100 THIS AGREEMENT is made and entered into as of this day of 20_, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation 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. 100 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. 100 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 30th day of April, 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. In no event shall Consultant's compensation exceed Twenty One Thousand Four Hundred Fifty Dollars and no /100 ($21,450.00) 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. 2 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. 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 w ritten 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. 191 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. 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. El 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 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). 5 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 M. the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days 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. VA 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. 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. 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 orjoint- 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 9 18. 19. 20. 21. Consultant's deliverables under this Agreement Consultant is waived against Consultant and Cit y such changes unless City has given Consultant from Consultant written consent for such changes. COMPUTER DELIVERABLES by City or persons other than assumes full responsibility for prior notice and has received 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. 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. 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. 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. 10 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. 11 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. 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 12 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 a nd c osts i ncurred u p to t he effective d ate o f t ermination for w hich 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. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. 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. 31. 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. 32. 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. 33. 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. 34. 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. 13 35. 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. 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: City Attorney's Office for the City of Newport Beach CITY OF NEWPORT BEACH, A Municipal Corporation A Homer Bludau, City Manager for the City of Newport Beach HALL & FOREMAN, INC.: Jon E. Bourgeois, P. E. President, South Coast Division Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f: \users\pbw\shared \agreements \fy 03 -04 \hall foreman- ad- 100.doc 14 r0� Hall & Foreman, Inc. IRVINE 420 Exchange Suite 100 Irvine, CA 92602 714.665.4500 Fax 714.665.4501 RANCHO CUCAMONGA 9130 Anaheim Place Suite 120 Rancho Cucamonga. CA 91730 909.484.9090 Fax 909.484.9084 CHATSWORTH 9310 Topanga Canyon Blvd. Suite 220A Chatsworth, CA 91311 818.407.9407 Fax 818.407.9400 TEMECULA 43513 Ridge Park Drive Temecula, CA 92590 909.676.6726 Fax 909.699.0896 www.hfinc.com Dedicated Service Since 1961 pp 71� March 12, 2004 Ms. Iris Lee u Junior Civil Engineer City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Subject: Proposal to Provide Assessment District No. 100 (Area Bounded By: West Balboa Blvd., West Ocean Front, Island Avenue, and 13th St.) 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. 100 for the City of Newport Beach. Selecting the Hail & 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 Y 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 and Newport 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 and AD 95, she is familiar with City staff and understands the City's policies. HFI'sTeam Commits to a 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 is currently forming five underground utility assessment districts for the City of Manhattan Beach. To date, Ms. Cobb has successfully 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. 04288 -000 D HFI will not be utilizing the services of subconsultants for this project. All work will be performed in house from HFI's Corporate Headquarters located in Irvine, CA. HFI has gone over the City of Newport Beach's Professional Services Agreement (PSA) and the Scope of Work (Exhibit "A') in its entirety. HFI is submitting noted items to the City's office for consideration as highlighted in Section 8. A copy of HFI's Proposed Fee is included in the separate sealed envelope marked "Proposal Fee to Provide Assess- ment District No. 100 Engineering Services to Establish an Underground Utility Assessment District" The proposed fee for forming Assessment District No. 100 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 April 2004 through June 2004. Then HFI's district formation tasks will be on hold for approximately three years while the utility compa- nies are designing the project. HFI will resume the formation process starting with Task 3 in spring of 2008. HFI reserves the right to negotiate an increase in the billing rates when work resumes and reserves the right to termi- nate 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. 100 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, Hall & Foreman, Inc. ]on E. Bourgeois, P.E. Deborah Cobb President - South Coast Division /Principal Project Manager 04288 -000 SECTION 1 Company Background .........................4 SECTION 2 Project Understanding .........................5 SECTION 3 Relevant Experience ...........................7 SECTION 4 Project Team ....... .............................10 Organizational Chart .......... .............................10 Project Team Responsibilities ...........................10 Level of Commitment/Staff Availability/ Percentages Matrix ............. .............................11 Project Team Resumes ....... .............................12 SECTION 5 Project Schedule .. .............................18 SECTION 6 Scope of Work . .............................19 SECTION 7 1913/1915 Formation Checklist .......... 24 ATTACHMENT 1 Proposed Assessment District No. 100 . .............................27 ATTACHMENT 2 Assessment District 100 Estimate ......... ............................... 29 04288 -000 I Section 1 HFI Corporate History Company In 1961, City of Santa Ana's former City Engineer, Jack Hall founded the firm. In 1963, s Background Hugh Foreman, Santa Ana's Public Works Director, and George 5hambeck, Orange County Flood Control District's Senior Right -of -Way Engineer, joined Mr. Hall and incorporated the company. In 1993, leadership of the firm was passed on to a new era of engineers and entrepreneurs, and today the company is owned by four principals; John Hogan, Jon Bourgeois, Steve 5hambeck, and Lou Ann Frederick. George 5hambeck remains semi -active with the firm on the Board and as a consultant to the survey and mapping department. During the last42 years, HFI has developed successful relationships in the Southern •" " •' "' California community with numerous agencies, developers, and builders that benefit ' in the Southern from quality services. HFI has a staff of 125 professionals with 22 registered civil California community i engineers and eight licensed land surveyors in house ready to serve the City of Newport Beach. Contact Information I —t Hall & Foreman, Inc. Corporation 420 Exchange, Suite 100 Irvine, CA 92602 Phone:(714)665 -4500 Fax: (714) 665-4501 Deborah Cobb Phone:(714)665 -4539 Fax: (714) 665-4501 E -mail: debblecobb @hfinc.com Jon E. Bourgeois, P.E. Assessment Engineer /Principal Phone: (714) 665-4508 Fax: (714) 665-4501 E -mail: jonbourgeois @hfinc.com HFI'S Mission Statement HFI is committed to providing quality and timely services to our diverse Clients, in an atmosphere of integrity and respect, which contributes to their success and, in turn, assures our own. Financial Condition HFI is a corporation in good standing, is fully insured, and is incorporated in the state of California. Although privately held and not required by law, the records and receipts are reviewed annually by a group of certified public accountants to attest to HFI's reliability. All taxes are paid on time and there are no judgments or liens outstanding. HFI has a strong credit profile, is able to obtain capital as needed, and operates in a manner thatfacilitates our Client's project needs. HFI uses the leading industry project management/ i financial software and monitors costs in order to manage the pricing of contracts. HFI would ,J be willing to provide any financial resource information, as deemed necessary, to fulfill the City of Newport Beach's contract needs. 04288 -000' Section 2 PROIECCUNDERSTANDING Project Assessment District No. 100's area is bounded by West Balboa Blvd., West Ocean Front, Understanding Island Avenue, and 13th Street with approximately 194 parcels. The property owners are in favor of forming an Assessment District to underground the utilities. The District forma- tion process will begin when the City has received sufficient petitions at a minimum 60% of the parcel owners. The City of Newport Beach would like to retain an Assessment Engineering firm able to fulfill the requirements of Proposition 218 leading to property owner approval of under- ground utility assessment districts formed under the "Municipal Improvement Act of 19131" the "Majority Protest Act of 19311" and the "Improvement Bond Act of 1915." The City of Newport Beach has established numerous districts and has a thorough under- standing of the utility undergrounding process and formation. The City's expertise will aide in a smooth formation process. HFI's assessment engineering team has extensive experience in conducting successful property owner balloting and fully understands the requirements of Proposition 218 and the critical need to successfully communicate the benefits of the District to property owners. When assessments are submitted to property owners for approval, it is important that the public be educated. The team must work closely with City staff in the preparation of information that will be disseminated to the public by mailings or meetings. For the City of Newport Beach, it is important to clearly explain the assessment payment options including the first bond sale, the second bond sale, and the Federal Income Tax compo- nent of the contribution. HFI's office is located in Irvine and is within close proximity to the City of Newport Beach and the County of Orange. HFI's staff has ready access to Orange County Tax Assessor's Records and the support of a browser for database development. HFI will confirm accu- rate records with the County's Assessor Records. From HFI's previous experience in similar districts, a couple of issues should be men- tioned. The City is very sensitive to the consensus of the property owners in approval of the district It is important to conduct property owner information meetings prior to the Preliminary Engineer's report going to Coundl adopting the Resolution of Initiation. Explaining the methodology to the property owners and having an opportunity to tweak the method helps community support for the project. Also, it is HFI's recommendation to have the public works bid for the undergrounding before the Preliminary Engineer's Report is adopted. Once the preliminary assessment amount for the project is adopted, it cannot be increased. Therefore, it is important to have an accurate cost estimate and the contractor's bid. The City of Newport Beach's policy to have Edison design -build the project ensures a good cost estimate. The basis for the method and formula of the assessment spread includes: The responsibility for recommending an apportionment of the costs to properties which specially benefit from the improvements rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. In order to apportion the assessments to each parcel in direction proportion with the special benefit, which it will receive from OFF Hall & Foreman, In �y t Section 2 improvements, an analysis will be completed and is used as the basis for apportioning Project costs to each property within the Assessment District. Understanding Generally for Rule 20 -B, residential underground utility assessment districts projects the properties are zoned as R -1 single family residential land use classification. For Assess- ment District No. 100, all of the parcels are residential and generally the parcels have similar square footage so the special benefit will probably be distributed equally to each parcel on a per parcel basis. Usually, 100% of the cost allocation for the improvements is special benefit to the parcels within the District The special benefit to the properties due to the underground utility system includes improved safety, reliability, and enhanced aesthetic view of the neighborhood area. 04288 -000 I'J Section 3 Relevant Experience Utility Undergrounding Assessment District No- 95 Newport Beach Description: HFI is currently assisting the City of Newport Beach with Assessment Engineering in developing an Engineer's Report, preparation of proposition 218 ballot vote, and district formation. Estimated construction costs for the district total approximately $2.2 million. Contact: Pat Arciniega Associate Engineer 3300 Newport Boulevard Newport Beach, CA 92658 949 - 6443311 Preliminary Assessment Engineering Services AD 92 Newport Beach Description: HFI is currently assisting the City of Newport Beach with the development of a Methodology Report for a proposed district formation. The Methodology Report involves development of a preliminary database that considers varied parcels zoned for residential and commercial land use. Estimated construction costs for the district total approximately $1.37 million. Contact: Pat Arciniega Associate Engineer 3300 Newport Boulevard Newport Beach, CA 92658 949 - 6443311 Five Underground Utility Assessment Districts Manhattan Beach Description: HFI is forming five residential neighborhood Rule 20 -B underground utility assessment districts for the City of Manhattan Beach. HFI's Project Manger, Deborah Cobb conducted a powerpoint presentation to the City Council and City residents regarding underground utility assessment districts formation process, and the benefit assessment methodology. For each of the five districts, Ms. Cobb has field reviewed the Districts, talked with property owners, developed a parcel database and provided 3 assessment methodology scenarios to discuss with property owners at five neighborhood meetings. Ms. Cobb has prepared an Engineer's Report, database, diagrams, noticing balloting, and recordations to the County to date. Districts began the formation process in 2004 for three of the five districts. Contact: Neil Miller Director of Public Works 3621 Bell Avenue Manhattan Beach, CA 90266 310 -802 -5303 Prior to joining HFI, Deborah Cobb managed the formation of the following underground utility assessment districts: 04288 -000. { Section 3 Utility Undergrounding Assessment District No. 95-6 (WendtTerrace) Relevant Laguna Beach Experience Description: Ms. Cobb assisted the City with the formation of the 1913/1915 Act Utility Undergrounding Assessment District. The improvements consist of the undergrounding of the utility line poles in a residential neighborhood. The District consists of 50 parcels for a total assessment of $646,750.00. Ms. Cobb also served as the Project Manager in the formation of the Utility Undergrounding Assessment District No. 90 -3 and 94 -1 for the City of Laguna Beach. These projects similarly consisted of the undergrounding of the utility line poles in a residential neighborhood. Contact: 3oe Chiquete Project Manager 515 Forest Avenue Laguna Beach, CA 92651 949- 497 -0338 Utility Undergrounding Assessment District No. 99 -1 San Clemente Description: Ms. Cobb assisted the City with the formation of the 19 13/ 19 15 Act Under- ground Utility Assessment District. The improvements consisted of the undergrounding of utility line poles in a residential neighborhood. The District No. 99 -1 has 106 parcels for a total assessment of $1,785,400. Ms. Cobb was responsible for the Engineer's Report, database, diagrams, noticing, and balloting, recordations at the County, and placing the annual assessments on the property tax bills. Contact: Akram Hindiyeh Principal Civil Engineer 910 Calle Negocio, Suite 100 San Clemente, CA 92673 949- 361 -6127 Utility Undergrounding Assessment District No. 82, 2001 Newport Beach Description: This District was formed with approval of the majority of property owners to fund $400,000 for the removal of utility poles and the undergrounding of utility lines in a residential neighborhood. Ms. Cobb coordinated with the utility companies and prepared the Engineer's Report. Contact: Patrick Arciniega Associate Engineer 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658 -8915 949- 644 -3311 04288-000' �J L6`_ Section 3 Utility Underground Assessment District No. 97 -1 and 97 -2 Relevant Hermosa Beach Experience Description: Ms. Cobb assisted in the formation of the 1913/1915 Act Underground Utility Assessment Districts. Ms. Cobb was responsible for the development of benefit formula; preparation of the Engineer's Report, which included improvement descriptions, cost estimates, maps and notices; processing documents with County offices; and preparing assessment calculations. Furthermore, Ms. Cobb conducted assessment proceeding presentations at Council meetings to educate the property owners. The improvements consisted of the undergrounding of utility line poles in two residential neighborhoods. The District No. 97 -1 and 97 -2 have 187 and 219 parcels for a total assessment of $1,650,000 and $1,831,000 respectively. Contact: Stephen Burrell City Manager Civic Center 1315 Valley Drive Hermosa Beach, CA 902543883 310 - 318 -0239 Underground Utility District No. 98 -1 Dana Point Description: Ms. Cobb served as the Assessment Engineer for the formation of the City of Dana Point Underground Utilities District 98 -1 in compliance with the Public Utilities Commission Rule 20A. As the Project Manager, Ms. Cobb undertook the following respon- sibilities: reviewed and ensured that the District selection criteria complies with the Public Utilities Commission Rules 20A, prepared a project time schedule, researched and then created District data, and prepared the District boundary diagram, and the District Assess- ment Roll. 04288 -000 Section 4 i Project Team Team Bios /Responsibilities on Project The project team is comprised of staff directly employed by HFI. It is not anticipated that subconsultants will be utilized for this project. The following are project team members' responsibilities on the City of Newport Beach's Utility Undergrounding Project: Debbie Cobb - Project Manager /Daily Point of Contact Ms. Cobb will serve as the Project Manager and daily point of contact responsible for the delivery of services in accordance with the established project understanding and scope of work. She has over 15 years of project management experience leading and coordinating teams resulting in successful projects for public agencies including assessment district formations. She has a broad range of experience working with city staff, council, legal counsel, engineers, contractors, inspectors, utility agencies, and property owners. ]on E. Bourgeois, P.E. - Assessment Engineer Mr Bourgeois has over 25 years of professional experience in the planning, design, construction, and operation of street, highway, drainage, and Flood control projects in Southern California. He will provide assessment engineering services on behalf of the City of Newport Beach. As an Assessment Engineer, Mr. Bourgeois will be involved in many facets of the formation of the districts including signing and reviewing the Engineer's Report, determining the benefit assessment methodology, and reviewing the cost esti- mate. Mr. Bourgeois will be available at all times to meet with City staff, as needed. 'n'1 : Hall S Foreman, In Section 4 Cheryl Martinez - Analyst Project Team As an Assessment Engineering Analyst, Ms. Martinez will research the assessor parcel F information, prepare the assessment roll database, assist with the development of the Engineer's Report, assessment calculations and prepare the mail merge for the notices and ballots. She will also assist in conducting property owner information meetings. Cl Level of Commitment /Staff Availability/ Percentages Matra HFI is committed to completing the scope of work in accordance with the project schedule and the legal statutory deadlines that must be met. As a Principal of the Firm, Mr. Bourgeois will ensure that the project team's key members, Ms. Cobb and Ms. Martinez will have the schedule Flexibility and resources necessary to ensure that the district forma- tion project is a first priority to meet deadlines. As Project Manager, Ms. Cobb prioritizes workload and always meets District formation deadlines. Please see the following matrix of anticipated total work effort and hours, in terms of percentages and responsibilities, for this project. City of Newport Beach Assessment District No. 100 Staff Availability / Percentages Matrix Team Member Hours of Effort % of Effort Assessment Engineer 24 12.37% Project Manager 58 29.90% Analyst 78 40.21% CADD Drafter 6 3.09% Project Assistant 28 14.43% TOTAL 194 100.000/0 E Hall & Foreman, lnc. 04288-000' 11 _.j Section 4 Project Team Education & Registrations California State University at Long Beach, 1987 - B.S. - Civil Engineering UCLA, Assessment Engineering Law Education Courses Professional Experience Ms. Cobb has over 15 years of project management experience including: assessment districtformation; district engineering; contract administration /construction management; and plan checking (including SWPPP and WQMP Reports). Her expertise includes the formation of financing districts to fund public works infrastructure, maintenance, and public services. She also provides district engineering /contract administration to public agencies in acquiring infrastructure financed by bonds and constructed by developers. Her key to successful project management is responsive communication with public agency staff, council members, planning commissions, legal counsel, developers, inspectors, contractors, and property owners. Ms. Cobb has established a public relations /outreach program, which employs practices to ensure that the public support of the project is maintained. Successful outreach programs have included; a database of telephone calls, an 800 telephone number with a representa- tive answering the call promptly, public information meetings, newsletters, and handbill notification of construction activities. Project Experience Underground Utility Assessment District No. 92, Newport Beach: (Project Man- ager) Currently assisting the City of Newport Beach with development of methodology for proposed Underground Utility Assessment District No. 92. District consists of mixed com- mercial and residential land use of approximately 49 parcels with estimated construction costs at approximately $1.3 million. Underground Utility Assessment District No. 95, Newport Beach: (Project Man- ager) Ms. Cobb is assisting the City of Newport Beach form an underground utility district, which consists of approximately 227 parcels, and the total estimated assessment is $2,200,000. The District formation is scheduled to being in February 2004. HFI will be responsible for the Engineers Report and for conducting Powerpoint presentations at community meetings. Five Underground Utility Assessment Districts, Manhattan Beach: HFI is forming 5 residential neighborhood Rule 20 -B underground utility assessment districts for the City of Manhattan Beach. HFI's Project Manger, Deborah Cobb conducted a powerpoint presenta- tion to the City Council and City residents regarding underground utility assessment districts formation process, and the benefit assessment methodology. For each of the five districts, Ms Cobb has field reviewed the Districts, talked with property owners, developed a parcel database and provided three assessment methodology scenarios to discuss with property owners at five neighborhood meetings. To date, the utility companies are finaliz- ing plans to proceed to construction bids and the Districts will begin the formation process in January 2004. no "Hall & Foreman, Inc. Section 4 Utility Undergrounding Assessment District No. 97 -1 and 97 -2, Hermosa Beach: Project Team Ms. Cobb assisted in the formation of the 1913/1915 Act Underground Utility Assessment Districts. Ms. Cobb was responsible for the development of benefit formula; preparation of the Engineer's Report, which included improvement descriptions, cost estimates, maps and notices, processing documents with County offices, and preparing assessment calculations. Furthermore, Ms. Cobb conducted assessment proceeding presentations at Council meetings to educate the property owners. The improvements consisted of the undergrounding of utility line poles in a residential neighborhood. The District No. 97 -1 and 97 -2 have 187 and 219 parcels for a total assessment of $1,650,000 and $1,831,000 respectively. City of Newport Beach Utility Undergrounding Assessment District No. 82, 2001: This District was formed with approval of the majority of 27 property owners to fund $400,000 for the removal of utility poles and the undergrounding of utility lines in a residential neighborhood. Ms. Cobb coordinated with the utility companies and prepared the Engineer's Report City of Laguna Beach, Utility Undergrounding Assessment District No. 95 -6 (Wendt Ter- race), 1999: Assessment Engineer for the formation of the 1913/1915 Act Underground Utility Assessment District bond insurance of $440,000. The improvements consist of the undergrounding of utility line poles in a residential neighborhood. Served as Project Manager in the formation of the Utility Undergrounding Assessment District No. 90 -3 and 94 -1 for the City of Laguna Beach. These projects similarly consisted of the undergrounding of utility line poles in a residential neighborhood. (� Utility Undergrounding Assessment District No. 99 -1, San Clemente: Ms. Cobb assisted the City with the formation of the 1913/1915 Act Underground Utility Assessment District The improvements consisted of the undergrounding of utility line poles in a residential neighborhood. The District No. 99 -1 has 106 parcels for a total assessment of $1,785,400. Ms. Cobb was responsible for the Engineer's Report, database, diagrams, noticing, and balloting, recordations at the County, and placing the annual assessments on the property tax bills. k f City of Irvine Assessment District Engineering Services: HFI's Project Manager, Deborah Cobb, is currently providing on -call assessment engineering services to the City of Irvine. Ms. Cobb is assisting the City in reviewing and approving reimbursement re- quests for certain public infrastructure financed by the assessment districts and con- structed by the developer. Ms. Cobb attends assessment district meetings; reviews the Engineer's Reports, contracts, change orders, invoices, payment documentation, daily worktickets; and prepares the reimbursement summary spreadsheets and finance letters to the City of Irvine's accounting department recommending reimbursement. Communities Facilities District No. 1(Amerige Heights), Fullerton: (District Engi- neer) The City of Fullerton issued $16 million in bonds to construct public improvements for a master planned community. As District Engineer for the C.F.D., Ms. Cobb reviewed docu- mentation for 40 acquisition reports, bond fund analysis, reviewed as -built quantities, in- voices, change orders, and made recommendations to the City to acquire the public im- provements at a fair value from bond proceeds. 04288 -000' 13 Section 4 Project Team Education & Registrations Northern Arizona University, 1975, B.S. — Civil Engineering Professional Licensed Civil Engineer, 1979 —CA- #30242 Professional Experience As the President of HFI's South Coast Division, Mr. Bourgeois's career spans over 25 years in the field of public works engineering. His responsibilities entail project management, design, plan checking, and assessment engineering activities for diverse public works projects. Mc Bourgeois's broad -based experience in project management, design of public works projects, preparation of project specifications and bid documents, cost estimates, right -of -way engineering, contract administration and inspection, allows him to function with technical hands -on leadership. His extensive experience more specifically includes streets, highways, storm drains, sewer, and water facilities, and other public works infrastructure components. As an Assessment Engineer, Mr. Bourgeois has been involved in many facets of the formation of districts including reviewing and signing the Engineer's Report, determining the benefit assessment methodology, and review the cost estimate. He also is involved in the acquisition of improvements including: public works bidding, reviewing construction plans, quantities, and costs, procedures, improvement eligibility review, change order review and field site review. Professional Experience Underground Utility Assessment District No. 92, Newport Beach: (Assessment Engineer) Currently assisting the City of Newport Beach with development of methodology r for proposed Underground Utility Assessment District No. 92. District consists of mixed commercial and residential land use of approximately 49 parcels with estimated construc- tion costs at approximately $1.3 million. Underground Utility Assessment District No. 9S, Newport Beach: (Assessment Engineer) Ms. Cobb is assisting the City of Newport Beach form an underground utility district, which consists of approximately 227 parcels, and the total estimated assessment is $2,200,000. The District formation is scheduled to being in February 2004. HFI will be responsible for the Engineer's Report and for conducting PowerPoint presentations at community meetings. Five Underground Utility District, Manhattan Beach: As Assessment Engineer, Mr. Bourgeois is responsible for the Engineer's Report including compliance with legal statutes, cost estimate, assessment methodology and formula, and Proposition 218 special benefit analysis. Community Facilities District No. 2000-1 (Rio Vista), Cathedral City: HFI is assist- ing the City in acquiring the infrastructure constructed by the developers, as an assess- ment engineer, Mr. Bourgeois provides oversight in the public works bid process, reviewing construction plans, reviewing improvements and change orders to determine eligibility for reimbursement. Olinda Ranch, City of Brea: District Engineer responsible for verifying and documenting as -built quantities and costs for public works infrastructure for a 600 -unit, master - planned residential development. Prepared the Acquisition Report which detailed infrastructure reimbursement recommendations. 04266 -000 14 Section 4 Live Oak /Arrow Highway Reconstruction and Widening, City of Irwindale: � °�; Project Team Project manager for the preparation of plans, specification and estimate for reconstruction of Live Oak/Arrow Highway for approximately two miles in the City of Irwindale. Assisted the City as part of the assessment engineering team to form a 1913/1915 assessment district by providing the street rehabilitation, storm drain and sewer lateral cost estimate. Also provided the storm drain hydrology study for the basis of determining the allocation of storm drain benefit and fair share of costs for each parcel in the District. Sewer Maintenance Charge, (Irwindale Business Center), City of Irwindale Project Manager for the design of the 7,500 L.F.B "to 12 "VCP gravity sewer main and lift station for a 116 Acre site. Assisted the City in the formation of a sewer maintenance charge by providing the engineer's cost estimate to maintain the sewer system and the lift station replacement fund. Assisted in establishing the benefit method of a benefit unit per acre for each parcel. Assessment District No. 94-05, (Diamond Crest Sewers), City of Laguna Beach As Assessment Engineer, formed a 1913 /1915 Assessment District forthe City of Laguna Beach for $1,315,000 to finance a sewer system for 100 parcels. Each parcel's benefit from the sewer system was identified, the costs apportioned and an assessment levied. Assessment District No. 99- 01(Oriento) and No. 99 -02 Sewer Assessment Districts, Yorba Linda Water District. District Sewer Engineer responsible the reviewing and approving improvement plans, updating the sewer master plan and manag- ing the construction projects. Assisted the water district form 2 sewer assessment dis- tricts. Lighting and Landscaping District, City of Brea Assisted the City analyze the existing 5lighting and landscaping maintenance districts cost estimates, assessment methodology and provide recommendations to the City for the restructuring of the Districts and mailed legal notifications to the property owners. City-wide Water System Master Plan, Brea: Prepared the original City -wide master plan in 1968 and prepared updated as the City expanded. Provided the oversight and project development history necessary for the preparation of the update in 1985 of the water master plan. Provided the scenarios for the development of the sphere of influence outside of the City limits, land development planning, established water duties, and financial analysis for the future improvements. Sub -Area Master Plan, Pulte Homes / Yorba Linda Water District: Pulte Homes, by an agreement with the Yorba Linda Water District, contracted with HFI, the District Sewer Engineer, to prepare a sub -area master plan that included three drainage areas tributary to the County Sanitation District of Orange County. This report analyzed the deficiencies of the current District boundary and the added deficiencies from the annexed development area. Capital costs are developed for shared participation between the developers and the District. 04288 -000 15 Section 4 Project Team �y :tea .;E ,- j(A-.' Education & Registrations University of Redlands, 2001- B.S. Business and Management California State University of Fullerton, 2004 - Certificate in Environmental Compliance (in progress) Professional Experience Ms. Martinez has experience as an Assessment Engineering Analyst with expertise in parcel research, database analysis, preparation of the assessment roll, assessment methodologies, execution of mail notification to property owners, and ballot administration. She also assists in the preparation of assessment district reimbursements for agencies acquiring infrastructure including public works improvements constructed by developers. Experience involves review and verification of contracts, change orders, invoices, and payment documentation as well as preparation of bond summary spreadsheets and reimbursement reports. Ms. Martinez also has experience in research and preparation of federal and state grant applications, the study of water policy issues in the State of California, financial analysis and valuation processes, assistance with grant writing workshops, coordination with funding agencies, permitting and entitlement requirements, and assistance in the develop- ment of required environmental documents. Experience includes grant funding assistance for infrastructure, public works and water resource projects by means of local, state and federal funding programs. Proposals responding to funding agency solicitations include U.S. Environmental Protection Agency, Department of Water Resources, State Water Resources Control Board, Metropolitan Water District of Southern California, and Los Angeles County Metropolitan Transportation Authority. Project Experience Underground Utility Assessment District No. 92, Newport Beach: (Analyst) Cur- rently assisting the City of Newport Beach with development of methodology for proposed Underground Utility Assessment District No. 92. District consists of mixed commercial and residential land use of approxmately 49 parcels with estimated construction costs at approximately $1.3 million. Underground Utility Assessment District No. 95, Newport Beach: (Analyst) Ms. Cobb is assisting the City of Newport Beach form an underground utility district, which consists of approximately 227 parcels, and the total estimated assessment is $2,200,000. The District formation is scheduled to being in February 2004. HF1 will be responsible for the Engineer's Report and for conducting PowerPoint presentations at community meet- ings. Assessment District Engineering Services, Irvine: Assisted in the preparation of reimbursement reports issued in bonds for public works improvements acquired by the City of Irvine. Developments consist of commercial /retail use for the Irvine Spectrum V development and residential use for Shady Canyon, Quail Hill and Turtle Ridge develop- ments. Duties involve review of contracts, change orders, invoices, payment documenta- tion and preparation of bond summary spreadsheets for the City. 04288 -000 16 Section 4 Community Facilities District 2000-1 (Rio Vista) Cathedral City: Assisted the City Project Team in the development of costs reimbursement procedures for the Rio Vista Community Facilities District, a 300 acre 2,500 dwelling unit master planned community. This district proposes funding of approximately $15 million for the acquisition of public works improve- ments over the next four years. Responsibilities include preparation of reimbursement reports issued in bonds for public works improvements including street, water, sewer, storm drain, and community parks. Other duties entail reviewing contracts, change orders, invoices, payment documentation and preparation of bond summary spreadsheets for the City. Five Underground Utility Assessment Districts, Manhattan Beach: Assisted with research and preparation of five residential neighborhood underground utility assessment districts with each district containing approximately 200 parcels in accordance with Rule 20 -B. Duties entail development of the assessment district database including the prop- erty owner and parcel information, and determining assessment benefit to the parcels for the assessment roll. Other responsibilities consist of preparation of mailing notices and ballots to the property owners. To date, the utility companies are finalizing plans to proceed to construction bids and begin the district formation process in January 2004. Community Facilities District No. 1(Amerige Heights), Fullerton: Assisted in the preparation of reimbursement reports of the Amerige Heights, a master planned residen- tial community located within the City of Fullerton. Reimbursements reports entailed review of contracts, change orders, invoices, payment documentation and preparation bond summary spreadsheets for approximately $16 million of public works improvements. GASS 34 Asset Inventory Evaluation: Assisted with the development of a public 1 works asset inventory spreadsheet for municipal use in accounting for inventory assets. This accounting method is in compliance with the GASB 34 accounting methods and will be used for client cities. Researched various indices for infrastructure, bridges, sewers, and storm drains. Grant Application, Inland Empire Utilities Agency (IEUA), Fontana, CA: Assisted with the development and submittal of Chino Creek Park_ Stormwater Management Project for State Water Resources Control Board's 2003 Concept Proposal for Watershed Protection and Nonpoint Source Pollution Control Grant application. The Project consisted of design, construction and implementation by utilizing four acres of enhanced wetlands and twelve acres of subsurface wetlands targeting urban, dairy, agricultural stormwater runoff entering the Chino Creek Reach 1 listed on the 303(d) list of impaired water bodies. Project will provide multiple benefits to riparian ecological functions encouraging endan- gered species with an educational /interpretive signs throughout the site. Project Value/ Funding Request: $2.461 million project cost, $1.431 million requested. Submitted 05/10/ 03. Recommended for Full Proposal Application Submittal. Grant Application, Eastern Municipal Water District (EMWD), Perris, CA: Assistec in the preparation for the Hemet/San Jacinto Recharge and Recovery Program submitted to the Department of Water Resources for the Prop 13 Groundwater Storage Construction Grant Program. The Project will construct 15 recharge ponds and appurtenant facility additions and improvements in the San Jacinto River Channel. The Project will alleviate overdraft, accommodate Soboba Indian water rights, meet demand ofgrowth, and mitigate salinity problems by dilution. Project Value /Funding Request- $10.7 million project cost, $5.375 requested. Submitted 6/03. Recommended for funding October 2003. 04288 -000 17 Ct C I INJ Q O 0 0 LLJ ca CD Z co , LLJ .2 0 -T LP co CD z CD W E i2 8 8 8 0 01 CD 0 s 0 w C c CL F- F- F- F- F- 'r < 3: F- F- 3: 3 FO 0 0 LL O cc cc o m 0 0 w F- Z m ❑ ❑ cc IL d 0. d (n (n ❑ I— m Q f0 n m W O IV 1l2 �v- 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. 7 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 database records at the County of Orange. if 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. N 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 - Area signing petition 04288- 000 19 •• u -_ 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 - Existing Liens - 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. a 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 in 2007. And, at that time, HFI will update the parcel data information. Prepare Preliminary Engineer's Report detailing the costs and proposed 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 04288 -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) and the 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 Reportwith the Superintendent of Streets and with the City Clerk prior to adoption of the Resolution of Intention by the City Council. m 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, presentthe Engineer's report and respond to questions as directed by City staff. i 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 Ballotto 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 Assessmentwill 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. e Public Meeting Attend one (1) City Council Public Meeting to make presentations and respond to questions as directed by City staff. '.E :• u.� oazas -ooh 21 Section 6 Scope Of Work ■ Attend 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. E 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 ® 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. Record Assessments at County Record the Assessment Diagram and the Notice of Assessment with the property owners names at the County. m 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 04288 -00d 22 Section 6 ■ Project Team Coordination Meeting Scope Of Work 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; IN Coordinate right -of -way entry onto private property, as required; a 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 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. 04288 -000' 23 r I a Request AutoCAD file from City of proposed district boundary or general area Obtain parceliproperty owner data and parcel maps Request City land use planning and zoning ma Conduct Project Kickoff Meeting Determine Petition Sufficien Record Certificate of Petition Sufficiency Prepare Project Schedule and Distribution List Database Develo Lent Set u database Assign each APN Assessment Number For Assessment Diagram - - `> Q. ST NIA Conduct coordination meetings with utility representatives Cost Estimate: Construction Costs Project Incidentals Bond Financing Email Project Team - ..:- f':'..OWrMIL- IMINARY E GINEEws.REP,O . -R01' >: £ `�' _ `''= ' -'� t'i "u�' "Rr.— <.• Develop Assessment Scenarios Develop Assessment Methodology Develop Assessment Roll Verify correct APN information, owner name, and address at County Assessment Engineer Review of Draft Preliminary Engineers Report Meet with i to discuss Preliminary epo an Assessments Meet with property owners before ROI if City requests) Submit draft Preliminary Engineers Report to City (approximately 3 weeks prior to ROI) Submit Draft Preliminary Engineers Report to Project Team File Preliminary Engineers Report with city Clerk for ROI and distribute to Project Team Submit Boundary Diagram and Assessment Diagram to city Hall Fa�eman, /nc. Page 1 r'Z Prepare Draft Cover Letter, Notice of Assessment Ballot and submit to City and legal counsel. To be approved before ROL Coordinate printing and mailing of Notices and Ballots Attend Adoption of Resolution and Intention to form District Adopt Resolution approving Preliminary Engineers Report and firing time and place of the Public Meeting (legal proceeding that is optional) or public information meeting (non-legal, also optional) and Public Hearin Mail Notice of Public Meeting and Public Hearing and Ballot to all property owners in District (45 days prior to Public Hearing) Record Boundary Map with County Recorder (within 15 days after adoption of Resolution of Intention Book Page Send affidavits of the recording of tl -e Boundary Diagram and the mailing of the Notice and Ballot to City Clerk and bond counsel Publish Notice of Public Hearing (7 days prior to hearing date). Public Meeting (legal proceeding occurring at City Council Meeting) or Public Information Meeting. Hear public testimony. Incorporate any changes to draft for the Engineers Report. Submit Final Engineer's Report 3 weeks prior to PH Prepare draft Notice of Assessment, determine any bond financing discount and submit to City and legal counsel. 4 If electronic tabulation, confirm operability of scanning device and laptop computer Review tabulation method and contact City Clerk regarding procedures for tabulation and script for Public Hearing Public Hearing: Affidavits of mailing presented, tabulate votes, written protests verified, results of ballot tabulation, adopts resolution ordering acquisition of the improvements and confimling the assessments Hall Freeman, Inc. Page 2 J 0 u LO �ozW J Q 1) 4Nb'7S1 T 0 0 009 b09 L09 60s «9 1 11�909 1 909 Z�9 El9 _R9 9l9 I 9L9 TA 8l9 6t9 OZ9 M EZ9 8Z9 0 0 .1331 3AOSV V, 3N{1 HOlVW 33S 133ais H16 133i11S I H10L zzL ' 133i1-Ls I H1l— I. 9Z EZL 0 0 L ._..f m ur 133a1S H18 Z 3JVd ,8, 3NI1 HZUV33 33S 139 ,V, 3Nll HDIVW 33S 0 LL H W W H 2 H M z Z Q H U W z Z O w W Z w W U O u.i z z w z z En g w O`- a1 O: m a w w 5 a w o ? o o W U d W w m Z Q w IY of w m o w a z ¢ 0 w z 0 w z 0 w z W O W O J J J W to 2 2 of 2 of J J W W W m m 0 0 0 1 i •O I 0 1 LLI 1/1 U_ a� O~ do LL O Z W <� QW z Ef) Z W 0] Q N 6 n- l 3I)Vd.9.3NI1 HOiVY1 33S HITT 1331:11S Hitt U tMvt tot oott w Vic LOtV ZOtt w 1 4011 VOII ? O 1 W W U Q a W K m _Z Q LL) m 9011 z 0 0 Elll LLJ a z Z4l z W W gill O I 9l Q QJ Ill QJ Q szu z/LSZU OZII U) _ _ 6Zl yZll ui W vcctt d eMt BZII 0 0 ME L,Tt ocII ZR LnL qt7 9cl 6t7 ot7 H12T 1332115 HIU Ioz m 4 o LL > 4021 oozI J m Cl 60ZV W s ctzt Wl ZIZI IzzI 9lzl 4ZZl ozzI 6ZZl hZZI 4EZl 8zzl ¢ LM o ZEZI ` m IVZI o < 9M 4hzl m 66ZL OVZL Z/l 66Z1 ZVZt HlET —41 133211S HlEI LM p N it LLI a U N 6 n- U w a w 1 O ? O 1 W W U Q a W K m _Z Q LL) m o z 0 0 0 LLJ < z z z W W J O I O Q QJ Ill QJ Q In U) _ _ _ d 0 0 0 N 6 n- ASSESSMENT DISTRICT 100 ESTIMATE 1 CALCULATION TOTAL Length in ft. Cost per ft. Utility Construction Southern California Edisc 5000 $200.00 $1,000,000.00 Pacific Bell 5000 $96.11 $480,550.00 $1,480,550.00 10% Contingency: $5,000.00 $148,055.00 TOTAL CONSTRUCTION $1,628,605.00 INCIDENTIAL EXPENSES: 5.0% $83,380.25 Edison Design Engineering $5,000.00 $5,000.00 Pac Bell Design Engineering $4,000.00 $4,000.00 Assessment Engineering $22,000.00 $22,000.00 Contract Inspection $1,000.00 $1,000.00 City Administration $3,000.00 $3,000.00 Printing, Advertising, Notices $1,500.00 $1,500.00 Bond Printing, Reg. & Servicing $2,000.00 $2,000.00 Filing Fees $500.00 $500.00 f Subtotal Incidential Expenses $39,000.00 Construction $1,628,605.00 Subtotal Incidential & Construction $1,667,605.00 FINANCIAL COSTS Bond Council $5,000.00 $5,000.00 Bond Discount 2.5% $41,690.13 Bond Reserve 5.0% $83,380.25 Capitalized Interest 6.0% $100,056.30 Paying Agent $2,500.00 $2,500.00 Subtotal & Financial Costs $232,626.68 TOTAL ESTIMATE $1,900,231.68 Cost Per Unit $7,756.05 TOTAL COST WITH EDISON ITCC TAX $340,000.00 $2,240,231.68 $9,143.80 Number of Parcels: 245 02119 =04 F�� v�G�E�'G(G� /f/va �l�Gi�l6- /1J4TE5 Engineering • Surveying • Planning • Landscape Architecture March 12, 2004 Ms. Iris Lee Junior Civil Engineer City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Subject: Proposal to Provide Assessment District No. 100 (Area Bounded by West Balboa Blvd., West Ocean Front, Island Avenue, and 13th Street) Engineering Services to Establish an Underground Utility Assessment District Dear Ms. Lee: Hall & Foreman, Inc. (HFI) hereby proposes to provide professional services for the City of Newport Beach Assessment District No. 100 project for the fixed fee of $21,450.00 for the services outlined in our Technical Proposal dated March 12, 2004, and as detailed on the enclosed Cost Proposal Excel Spreadsheet. The fixed fee includes the cost of all administration, overhead, project site visits, atten- dance at all meetings, and all reproduction costs. The proposed fee for forming Assessment District No.100 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 April 2004 through June 2004. 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 in spring 2008. HFI reserves the right to negotiate an in- crease in the billing rates when work resumes and reserves the right to terminate the contract if the negotiated fees are not acceptable. Respectfully, Hall & Foreman, Inc. Jon E. Bourgeois, P.E. President - South Coast Division /Principal Irvine Rancho Cucamonga Chatsworth 420 EKCnange, Suite 100 9130 Anaheim Place, Suite 120 9310 Topanga Canyon Blvd., Suite 220A Irvine, CA 92602 -1301 Rancho Cucamonga, CA 91730 -5465 Chats fth, CA 91311 -5728 Tel 714.665.4500 Tel 909484.9090 Tel 818.407.9407 FaK 714.665.4501 FaK 909.486.9084 FaK 818.407.9400 Temecula 43513 Ridge Park Drive Temecula. CA 92590 -3690 Tel 909.676.6726 FaK 909.699.0896 City of Newport Beach Assessment District No. 100 Fee Schedule 3/11/2004 s:0at69/adniNCantracL•A140308 1`10posal Fee AD toi SCHEDULUTASK # E SUMMARY OF SCOPE OF WORK ITEMS Assessment Project CADD Project TOTAL EST. TOTAL EST. T TERMINATION 2 R RaaeamhOrdo,asa PreparatioNPaotim Suf .Ky 1 he 4 hrs 72 hrs 17 hn $7,110.00 3 C Con &m Database Records with County Assessor 2 M 2 hrs 4 hn 2450.00 Prepare Pr4imirary Engineers Report 2nd 4 4hn 2 24 hrs 3 3Ma 3 33 hn $ $31115.00 5 P Prepare Boundary MsP/Resod m County 2 2hrs 4 4hire 6 6hn ( (590.00 6 C Conduct Thne (3) Property Owrwr ~Age 3 3 hrs 9 9 his 6 6 hrs 1 16 him # #,260.00 7 A Attend Council Meeting (ROI) 2 2 hrs 2 2 his 4 4 him ( (600.00 6 O One (1) Project Team Coordindon Meeting 2 2 his 2 2hn ( (260.00 g P Subtotal Task 1 Preliminary Engineer's Report %hire $ $10,165.00 10 C Conduct Two (2) Propecty Owners Meetings 2 2 hrs 4 4 hrs 2 2 h, 3 3 hrs 1 11 him $ $1,245.00 11 A Atta al Pudic Meeting - Ccuncli Meeting 2 2 Ms 2 2 hrs 4 4 hn $ $600.00 12 O One (1) Project Teem Coordination Meeting 2 2 hrs 2 2 him $ $200.00 13 P Subtotal Task 2 Proposition 216 Ballot 9 91 hire $ $3,695.00 14 P Pnpma Assessment Diagram 2 2 him 2 2 his 4 4 him $ $350.00 15 A Attend Pudic Meeting - Council Meeting 2 2 Ms 2 2 hrs 4 4 hire $ $600.00 16 B Attend Public Hearing - Council Meeting and 2 his 2 2 his 2 2 his 6 6 him $ $710.00 17 O One (1) Project Teem Coordination Meeting 2 2 hire 2 2hn 1 1260.00 16 A Subtotal Task 3 Final Engineers Report 4 41 hire f f 4,5,15.00 79 M Mat N0600 Of Assessment 3 3 hr s 2 hr s 4 hrs 9 9 hn 1 1650.0 20 O Retard Asmt Diagram and fist of Assessed Property 2 N 2hn 4 4h. 3 3300.00 21 R Review Prelim, and final Official Statements 2 2 hrs 2 2 M $ $260.00 Subtotal Task 4 District Formation 20 his $ $7,94$.1) Relmbureables (mileage, County recording tees, postage for mailings, plotting exhibits for meetings) 1 150000 1`10posal Fee AD toi OFFICE: SURVEY: 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 Gients 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 nominat 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 hourty rates shown, and for Sundays and holidays, 3 times the hourly rate shown. Note 5: The above Schedule of Hourly Billing Rates shall be adjusted in accordance with Paragraph 26 of the Standard Provisions of this Agreement. Note 6: 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. C1Docummm end Satings\D)a Nmcy%DesMop %SCHEDUIB OF HOURLY BaIJNG RA7ESAm JSOUTHERN CALIFORNIA EDiSW An EDISONIA'TER:NATIOA'AL ^. Company May 20, 2004 Subject: Engineering cost for AD 100 Dear Iris: RECEIVEr CITY or" NicPJt RTE, Per your request, here is the cost for the Engineering of this Assessment District. Based on the costs of Base map and Engineering fee which are non - refundable, but applied toward the cost of the job, the total fee for this District will be $67,200.00. Before sending payment, please advise us of when you anticipate starting design and we will generate an invoice for you. If you have any questions, please give me a call. Sincerely, Jim Swanson Southern California Edison Technical Design P.O. Bo% 11982 Santa Ana, CA 92711 -1982 (9001 May 28, 2004 City of Newport Beach Public Works Department Attention: Iris Lee, P.E. PO Box 1768 Newport Beach, Ca. 92658-8915 Dear Iris, ECEW R1 z004 JV" �U��C�ORKS �gPAR1Tfl� rli`V' Or NEWPOr��EF1CK SBC West 3939 E. Coronado St. 2n° Floor Anaheim, Ca. 92807 -1687 This letter is a revised estimate to a letter dated January 10, 2002 in response to the City's request for a preliminary estimate for the proposed Assessment District No. loo. The assessment district is comprised of the area bounded by West Balboa boulevard, West Ocean Front, Island Avenue, and 13th Street. A new "rough" estimate of $735,000.00 was calculated using the new pavement restoration guidelines and by looking at an overview of the job. All conduit and trench footages were approximated for this estimate as well as the number of structures, such as manholes and handholes. These numbers will change when the final design has been completed. This estimate considered joint participation with Southern California Edison and Adelphia Communications but is dependant on their designs, which would affect the cost as well. A deposit payment of $22,000.00 will be required prior to any design work. The deposit is non - refundable but will be applied to the cost of the job. Upon receipt of the deposit, SBC -West will commence 1+'ith the design of the requested work and provide the City of Newport Beach within approximately 6 months after receiving Edison's design the final cost of the project based on the actual conduit design and the use of any joint trench by the participating utilities. The deposit is not required at this time but once the Cityplans to proceed with the assessment district a billing letter will be issued for the deposit. Please contact me when the decision has been made. Please ell me at (714) 656 -5710 if you have any questions or concerns. Sincerely, W %z�61V Jeff Merickel Engineer City of Newport Beach NO. BA- 046A -076 BUDGET AMENDMENT 2003 -04 AMOUNT: $110,650.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues qX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations for the costs associated with the preliminary work on Assessment District No. 100. General Fund will advance these funds and will be reimbursed by the district should it be formed. ACCOUNTING ENTRY: BUDGETARYFUND BALANCE Fund Account 4100 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Division Account Account Account Division Account Division Account Signed Signed Signed Description AD # 100 Fund Balance Description Number Number Number Number Financial Approval: Adminl ive Services Director Administrative A4 oval: City Manager City Council Approval: City Clerk Amount Debit Credit $110,650.00 " $67,200.00 $22,000.00 $21,450.00 // Date 4� � 1, '/Date Date Description Number 74100 Assessment District No. 100 Number 9810 AD Electrical Design Number 9811 AD Phone Design Number 9812 AD Assessment Engineering Number Number Number Number Financial Approval: Adminl ive Services Director Administrative A4 oval: City Manager City Council Approval: City Clerk Amount Debit Credit $110,650.00 " $67,200.00 $22,000.00 $21,450.00 // Date 4� � 1, '/Date Date City of Newport Beach NO. BA- 34BA -076 � I� BUDGET AMENDMENT 2003 -04 AMOUNT: $11o,s5o.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues qX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations for the costs associated with the preliminary work on Assessment District No. 100. General Fund will advance these funds and will be reimbursed by the district should it be formed. r_tK"I10rrI, lei aa"WIF BUDGETARY FUND BALANCE Fund Account 4100 3605 REVENUE ESTIMATES (3601) Fund /Division Account Description AD # 100 Fund Balance Descri Amount Debit Credit $110,650.00 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 74100 Assessment District No. 100 Account Number 9810 AD Electrical Design $67,200.00 Account Number 9811 AD Phone Design $22,000.00 Account Number 9812 AD Assessment Engineering $21,450.00 Division Number Account Number Division Number Account Number Signed:eis�1 Financial Approval: Admin�.jVive Services Director Date ' Signed:" /� "CAI Admin�istrtrative Approval: City anager ! 'bate Signed: 29 C�IL9l ( ✓ /�- 4jj,� ad. U City Council Approval: City Clerk Date