HomeMy WebLinkAbout10 - 05BA-026 - Underground Assessment District 103CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 10
November 9, 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. 103 (AREA BOUNDED BY: "G" STREET,
EAST BALBOA BOULEVARD, "L" STREET, AND OCEAN BOULEVARD)
RECOMMENDATIONS:
1. Authorize an advance from the General Fund in the amount of $96,270.00 to
Assessment District No. 103 and appropriate $55,300.00 to 74103 -9810 for electric
design, $18,000.00 to 74103 -9811 for phone design, and $22,970.00 to 74103-
9812 for assessment engineering services.
2. Authorize the City Manager to execute a Professional Services Agreement with Hall
& Foreman, Inc. in the not to exceed amount of $22,970.00 for assessment
engineering services.
DISCUSSION:
The property owners of Proposed Underground Assessment District No. 103 (AD -103)
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 approximately 55 percent of the assessable area within the proposed
District. The City's guidelines require a minimum of 60 percent. Although the percentage of
petitions submitted is less than the minimum required, it is highly recommended by Southern
California Edison (SCE) and SBC Communications, Inc. (SBC) to design AD -103 in
conjunction with AD -95 (see Exhibit "B" for AD -95 boundary map) to minimize design and
construction complications. AD -95 funding was approved on August 10, 2004, where
certified petitions accounted for 67 percent of the district by assessable area. The approval
of the requested AD -103 funding will allow the underground utility design in the "Peninsula
Point" area to be completed.
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
$22,970.00 for services with the firm Hall & Foreman, Inc.
SUBJECT: Request for Funding for Proposed Underground Assessment District No. 103
November 9, 2004
Page 2
The assessment engineering services to be provided by Hall & Foreman, Inc. are detailed
in the attached Professional Services Agreement and include identifying, analyzing, and
determining the correct apportionment of costs in addition to preparing the Assessment
Engineer's 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.
SCE and SBC are responsible for the design of their utilities. In order to initiate the design
of these facilities, the City must remit $55,300.00 to SCE and $18,000.00 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
74103 -9810
74103 -9811
74103 -9812
Prepared by:
Iris Lee
Junior Civil Engineer
Account No.
Amount
SCE Design Fee
$55,300.00
SBC Design Fee
$18,000.00
Assessment Engineer Fee
$22.970.00
Total:
$96,270.00
Submitted by:
Badum
s Director
Attachments: Exhibit "A ", Boundary Map of Proposed District No. 103
Exhibit "B ", Boundary Map of Proposed District No. 95
Professional Services Agreement
Budget Amendment
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PROFESSIONAL SERVICES AGREEMENT WITH
HALL & FOREMAN, INC.
FOR ASSESSMENT DISTRICT ENGINEERING SERVICES
FOR UNDERGROUND UTILITIES ASSESSMENT DISTRICT NO. 103
THIS AGREEMENT is made and entered into as of this day of
20 , by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City"), and HALL & FOREMAN, INC. a corporation whose address is 420 Exchange,
Suite 100, Irvine, California, 92602 ( "Consultant'), and is made with reference to the
following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of
the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City is planning to establish a Rule -B Underground Utility Assessment District No.
103 for the City of Newport Beach in accordance with Proposition 218
requirements, as described in Exhibit A.
C. City desires to engage Consultant to assist the City in the formation of the proposed
Assessment District No. 103 including the preparation of a Preliminary Engineer's
Report, execution of a ballot vote in accordance with Proposition 218, preparation
of a Final Engineer's Report, and District Formation, as described more fully in
Exhibit A ( "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal members of Consultant for purposes of Project shall be Deborah
Cobb (Project Manager /Daily Point of Contact), Jon Bourgeois, P.E. (Assessment
Engineer), and Cheryl Martinez (Analyst).
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows.
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31' day of December, 2008, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner. The
failure by Consultant to perform the services in a diligent and timely manner may
result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due to
causes beyond Consultant's reasonable control. However, in the case of any such
delay in the services to be provided for the Project, each party hereby agrees to
provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance in
writing to the Project Administrator not later than ten (10) calendar days after
the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time
extensions for unforeseeable delays that are beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall respond
in the most expedient and appropriate manner under the circumstances, by
either telephone, fax, hand - delivery or mail.
3.3 The parties agree that it is extremely difficult and impractical to determine
and fix the actual damages that City will sustain should the Consultant fail to
complete the work called for in this Agreement. Should Consultant fail to
complete the work called for in this Agreement, Consultant agrees to the
deduction of actual and reasonable damages.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed Twenty -Two Thousand, Nine Hundred Seventy and 00/100 Dollars
($22,970.00) without additional authorization from City. No billing rate changes
shall be made during the term of this Agreement without the prior written approval
of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name of
the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent on
all work billed on an hourly basis, and a description of any reimbursable
expenditures. City shall pay Consultant no later than thirty (30) days after
approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses specifically
approved in this Agreement, or specifically approved in advance by City.
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Unless otherwise approved, such costs shall be limited and include nothing
more than the following costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this Agreement,
which have been approved in advance by City and awarded in
accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means any
work that is determined by City to be necessary for the proper completion of
the Project, but which is not included within the Scope of Services and which
the parties did not reasonably anticipate would be necessary at the
execution of this Agreement. Compensation for any authorized Extra Work
shall be paid in accordance with the Schedule of Billing Rates as set forth in
Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable times
during the Agreement term. Consultant has designated Deborah Cobb to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or
any personnel listed in Exhibit A or assign any new or replacement personnel to the
Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to the removal or assignment of non -key
personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
If Consultant is performing inspection or construction management services for City,
the Project Manager and any other assigned staff shall be equipped with a Nextel
Plus type cellular /direct connect unit to communicate with City staff. Consultant's
Nextel Direct Connect I.D. number will be provided to City to be programmed into
City Nextel units, and vice versa.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Iris Lee
shall be the Project Administrator and shall have the authority to act for City under
this Agreement. The Project Administrator or his /her authorized representative
shall represent City in all matters pertaining to the services to be rendered pursuant
to this Agreement.
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7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's work schedule.
B. Provide blueprinting and other services through City's reproduction company
for bid documents. Consultant will be required to coordinate the required bid
documents with City's reproduction company. All other reproduction will be
the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed by
qualified and experienced personnel who are not employed by City, nor have
any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the term
of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license during
the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City to
furnish timely information or to approve or disapprove Consultant's work
promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
8.4 The term Construction Management or Construction Manager does not imply
that Consultant is engaged in any aspect of the physical work of construction
contracting. Consultant shall not have control over or be in charge of and
shall not be responsible for the project's design, City's project contractor
( "Contractor'), construction means, methods, techniques, sequences or
procedures, or for any health or safety precautions and programs in
connection with the work. These duties are and shall remain the sole
0
responsibility of the Contractor. Consultant shall not be responsible for the
Contractors' schedules or failure to carry out the work in accordance with the
contract documents. Consultant shall not have control over or be
responsible for acts or omissions of City, Design Engineer, Contractor,
Subcontractors, or their Agents or employees, or of any other persons
performing portions of the work.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents and
employees (collectively, the "Indemnified Parties) from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without
limitation, attorney's fees, disbursements and court costs) of every kind and nature
whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in
any manner relate (directly or indirectly) to any work negligently performed or
services provided under this Agreement (including, without limitation, defects in
workmanship or materials and /or design defects [if the design originated with
Consultant]) or Consultant's presence or activities conducted on the Project
(including the negligent and /or willful acts, errors and /or omissions of Consultant, its
principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose
acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable.
The policy limits do not act as a limitation upon the amount of indemnification to be
provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent they
are limited by statute, rule or regulation and the expressed terms of this Agreement.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or
any of Consultant's employees or agents, to be the agents or employees of City.
Consultant shall have the responsibility for and control over the means of
performing the work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to
direct Consultant as to the details of the performance or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of
City with respect to the results of the services.
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11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the
work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress
of the Project, activities performed and planned, and any meetings that have been
scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement of
work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement, a policy or policies of liability insurance of the type and
amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage
required herein. Insurance certificates must be approved by City's Risk
Manager prior to commencement of performance or issuance of any permit.
Current certification of insurance shall be kept on file with City's at all times
during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its behalf
shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned
policyholders' Rating of A (or higher) and Financial Size Category Class VII
(or larger) in accordance with the latest edition of Best's Key Rating Guide,
unless otherwise approved by the City's Risk Manager.
D. Coverage Requirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability Insurance
for his or her employees in accordance with the laws of the State of
California. In addition, Consultant shall require each subcontractor to
similarly maintain Workers' Compensation Insurance and Employer's
Liability Insurance in accordance with the laws of the State of
A
California for all of the subcontractor's employees. Any notice of
cancellation or non - renewal of all Workers' Compensation policies
must be received by City at least thirty (30) calendar days prior to
such change. The insurer shall agree to waive all rights of
subrogation against City, its officers, agents, employees and
volunteers for losses arising from work performed by Consultant for
City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal injury,
and property damage, including without limitation, contractual liability.
If commercial general liability insurance or other form with a general
aggregate limit is used, either the general aggregate limit shall apply
separately to the work to be performed under this Agreement, or the
general aggregate limit shall be at least twice the required occurrence
limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile
insurance covering bodily injury and property damage for all activities
of the Consultant arising out of or in connection with work to be
performed under this Agreement, including coverage for any owned, -
hired, non -owned or rented vehicles, in an amount not less than one
million dollars ($1,000,000) combined single limit for each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which covers
the services to be performed in connection with this Agreement in the
minimum amount of one million dollars ($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents
and volunteers are to be covered as additional insureds with respect
to liability arising out of work performed by or on behalf of the
Consultant.
ii. This policy shall be considered primary insurance as respects to City,
its elected or appointed officers, officials, employees, agents and
volunteers as respects to all claims, losses, or liability arising directly
or indirectly from the Consultant's operations or services provided to
City. Any insurance maintained by City, including any self- insured
retention City may have, shall be considered excess insurance only
and not contributory with the insurance provided hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or
appointed officers, officials, employees, agents and volunteers.
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V. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to City, its elected or appointed officers,
officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits, by either party except
after thirty (30) calendar days written notice has been received by
City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claim made or suit instituted arising out of or resulting from Consultant's
performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be. provided
under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty percent
(50 %) or more of the voting power, or twenty -five percent (25 %) or more of the
assets of the corporation, partnership or joint-venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the Consultant
under this Agreement will be permitted only with the express written consent of City.
Consultant shall not subcontract any portion of the work to be performed under this
Agreement without the prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents'), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
r
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse
by City or others on any other project. Any use of completed Documents for other
projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received from
Consultant written consent for such changes.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer or
architect in charge of or responsible for the work. City agrees that Consultant shall
not be liable for claims, liabilities or losses arising out of, or connected with (a) the
modification or misuse by City, or anyone authorized by City, of CADD data; (b) the
decline of accuracy or readability of CADD data due to inappropriate storage
conditions or duration; or (c) any use by City, or anyone authorized by City, of
CADD data for additions to this Project, for the completion of this Project by others,
or for any other Project, excepting only such use as is authorized, in writing, by
Consultant —By acceptance of..CADD data, City agrees to indemnify_ Consultant for
damages and liability resulting from the modification or misuse of such CADD data.
All original drawings shall be submitted to City in the version of AutoCAD used by
CITY in ".dwg" file format on a CD, and should comply with the City's digital
submission requirements for Improvement Plans. The City will provide AutoCAD
file of City Title Sheets. All written documents shall be transmitted to City in the
City's latest adopted version of Microsoft Word and Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of City.
Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement of any
United States' letters patent, trademark, or copyright infringement, including costs,
contained in Consultant's drawings and specifications provided under this
Agreement.
i
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and
make transcripts or copies of such records and invoices during regular business
hours. Consultant shall allow inspection of all work, data, Documents, proceedings
and activities related to the Agreement for a period of three (3) years from the date
of final payment to Consultant under this Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant
shall not discontinue work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or his /her designee with respect to
such disputed sums. Consultant shall be entitled to receive interest on any withheld
sums at the rate of return that City earned on its investments during the time period,
from the date of withholding of any amounts found to have been improperly
withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the work accomplished by
Consultant, the additional design, construction and /or restoration expense shall be
borne by Consultant. Nothing in this paragraph is intended to limit City's rights
under any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose
any financial interest that may foreseeably be materially affected by the work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such
interest.
If subject to the Act, Consultant shall conform to all requirements of the Act. Failure
to do so constitutes a material breach and is grounds for immediate termination of
this Agreement by City. Consultant shall indemnify and hold harmless City for any
and all claims for damages resulting from Consultant's violation of this Section.
10
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant and conclusively shall be
deemed served when delivered personally, or on the third business day after the
deposit thereof in the United States mail, postage prepaid, first -class mail,
addressed as hereinafter provided. All notices, demands, requests or approvals
from Consultant to City shall be addressed to City at:
Attn: Iris Lee
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3323
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attn: Jon Bourgeois, P.E.
Hall.& Foreman, Inc.
420 Exchange, Suite 100
Irvine, CA 92602
Phone: 714 - 665 -4500
Fax: 714- 665 -4501
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement If such default is not cured within a
period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give
adequate assurance of due performance within two (2) calendar days after receipt
of written notice of default, specifying the nature of such default and the steps
necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole discretion
and without cause, of terminating this Agreement at any time by giving seven (7)
calendar days prior written notice to Consultant. In the event of termination under
this Section, City shall pay Consultant for services satisfactorily performed and
costs incurred up to the effective date of termination for which Consultant has not
been previously paid. On the effective date of termination, Consultant shall deliver
to City all reports, Documents and other information developed or accumulated in
the performance of this Agreement, whether in draft or final form.
11
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.
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.
li%
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
day and year first written above.
APPROVED AS TO FORM:
City Attorney
for the City of Newport Beach
ATTEST:
CITY OF NEWPORT BEACH,
A Municipal Corporation
0
Homer Bludau, City Manager
for the City of Newport Beach
CONSULTANT:
By:
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 - Forman- AD- 101doc
13
October 11, 2004
Ms. Iris Lee
Project Engineer
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
EXHIBIT A
Subject: Proposal to Provide Assessment District No. 103 (Area Bounded By: 'G" Street, Balboa Blvd.,
°L "Street, and Ocean Blvd.) Engineering Services to Establish an Underground Utility
Assessment District
Dear Ms. Lee:
The City of Newport Beach is seeking an engineering consultant qualified to provide assessment engineering services
to establish a Rule 20 -B Underground Utility Assessment District No. 103 for the City of Newport Beach. Selecting the
Hall & Foreman, Inc. (HFI) team enables the City to rely on an experienced project team that has extensive experi-
ence in the formation of underground utility assessment districts and in working with property owners throughout the
process. As the City reviews HFI's qualifications, we want to draw your attention to the following key issues:
HFI's Proven Ability to Provide Assessment Engineering Services
• HFI's key project team members, Ms. Deborah Cobb and Mr. ]on Bourgeois, P.E., have the
expertise and knowledge to establish the Districts in legal compliance with the "Municipal Improvement
Act of 1913" , the "Majority Protest Act of 1931,' and Proposition 218.
• HFI's Project Manager, Deborah Cobb, has over 15 years of assessment engineering experience and has
formed underground utility assessment districts for the cities of Laguna Beach, Hermosa Beach, San
Clemente, Newport Beach, and Manhattan Beach.
• HFI's Assessment Engineer, ]on Bourgeois, P.E. has over 25 years of engineering experience including
the formation of assessment districts to fund street, streetlights, underground utilities, storm drain, and
sewer improvements.
• Since Ms. Cobb assisted the City of Newport Beach to form Utility Underground District No. 82 and is
currently assisting the City with AD 92, AD 95, and 100, she is familiar with City staff and understands
the CiVs policies.
HFI's Team 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
meetwith City staff, utility companies, and neighborhood leaders.
• Ms. Cobb understands the need to communicate the formation process and the benefits of an
underground utility assessment district to the property owners and enjoys working with the public.
• HFI's team recently formed three out of five underground utility assessment districts for the City of
Manhattan Beach. In addition, Ms. Cobb conducted powerpoint presentations for both Council
meetings and property owner meetings to discuss the formation process and the method and formula of
the assessments.
■ Ms. Cobb always meets the critical deadlines as required in the formation process.
05141.000
HFI will not be utilizing the services of subconsultants for this project. All work will be performed in -house from HFI's
Corporate Headquarters located in Irvine, CA.
A copy of HFI's Proposed Fee is included in the separate sealed envelope marked "Proposal Fee to Provide Assess-
ment District No. 103 Engineering Services to Establish an Underground Utility Assessment District"
The proposed fee for forming Assessment District No. 103 is based on HFI's billing rates for the Fiscal Year 2003-
2004. The proposed schedule indicates that the Fee Schedule, Tasks 1 and 2, will be performed upon Notice to
Proceed for the duration of four weeks. Then HFI's district formation tasks will be on hold for approximately three
years while the utility companies are designing the project. HFI will resume the formation process starting with Task
3 approximately in Spring of 2008. HFI reserves the right to negotiate an increase in the billing rates when work
resumes and reserves the right to terminate the contract if the negotiated fees are not acceptable.
By selecting HFI, the City will receive an experienced team who understands formations, a Project Manager that
takes pride in the service provided, and assurance thatAssessment District No. 103 will be formed in compliance the
with legal statutes. HFI looks forward to working with the City of Newport Beach on the upcoming District.
Respectfully,
Hall & Foreman, Inc.
o °Hall &Foreman,Inc.
Deborah Cobb
Project Manager
Section 6 Scope of work
Scope of Work HFI has developed the following Scope of Services to provide the City of Newport Beach
with complete Assessment Engineering services for the formation of the proposed Assess-
ment Districts. Please see Section 7,1913/1915 Formation Checklist that HFI follows to
ensure all deadlines are met and for Quality Control.
Completion of the tasks outlined in the Scope of Services will ensure the City that all
statutory requirements are met to establish the Districts, and allow the City to levy
assessments on properties within the Districts.
Under Basic Services, HFI will provide all Assessment Engineering services to prepare the
necessary reports, maps, and documentation required by the "Municipal Improvement Act
of 1913" and "Improvement Bond Act of 1915" of the State of California Streets and
Highway Code, and the "Special Assessment Investigation, Limitation and Majority Protest
Act of 1931" and Proposition 218 of the State of California Constitution in order for the
City to conduct the proceedings and hearings to form the proposed Assessment District.
Under Extended Services, HFI will provide such additional services as may be required
and authorized by the City for the project.
Basic Services
These Basic Services will be provided for the Assessment District proposed to be formed:
TASK 1: Preliminary Engineer's Report
■ Project Coordination
Meet with City staff to discuss the proposed boundary the assessment
methodology, the project schedule, and the team distribution list. Meet and
coordinate with utility companies. The public utilities will prepare plans and cost
estimate to underground the existing overhead utilities.
■ Research
Gather maps, Assessor's parcel information, direct and indirect costs, and related
data required to confirm the District boundary. HFI has contracted with Real
Quest (Metroscan Online) for parcel data. Confirm certain database records with
the County of Orange Tax Assessor's Records.
■ Site Review
Review the district boundaries, existing and proposed improvements, and special
benefit vs. general benefit. Field review the project site with city staff, utility
representatives and property owners.
Database Preparation
Update property owner /parcel database information from the County. The
database will be used for the assessment roll and required mailings and will
include the following:
- Assessment Number
- Assessor's Parcel Number (APN)
- Tract and Lot Number
- Area of Lot in acres
- Front Footage
- Area signing petition
05141 -000 19
Section 6 Relative Front Footage
Scope of Work - Property Owner
- Situs Address
- Property Owner's Mailing Address
- Parcel and Building Square Footage
- Land Use
- Assessed Valuation
- Lien to Value Ratio
Confirm database with County of Orange Tax Assessor Records
Deliverable: Database file will be provided electronically to the City.
■ Determine Petition Sufficiency
Initially prepare a database of property owners to review and confirm the
petitions. Determine if the petitions were signed by property owners representing
more than sixty percent (60 %) of the assessable area of lands. Prepare and sign
the Certificate of Sufficiency of Petition.
■ Prepare Cost Estimate
Prepare cost estimate, including improvement costs, incidental costs, bond costs,
and contributions (if any), as supplied by others. Construction costs will be based
upon the construction bid. The City will coordinate the construction bid process
with the utilities.
■ Prepare Benefit Assessment Methodology and Assessment Roll
a. Discuss the benefit assessment methodology with the City, agree upon
one benefit assessment methodology and calculate the assessments for
each parcel.
b. Submit the assessment roll to City staff for approval.
■ Conduct Property Owner Information Meetings
Conduct three (3) property owner information meetings to discuss the preliminary
assessments, methodology, and formation process.
■ Attend Project Coordination Meeting
Attend staff meetings with City staff, bond counsel, financial advisor, bond under-
writer, and/or appraiser. Assist with establishing a project schedule.
■ Prepare Preliminary Engineer's Report
a. The Preliminary Engineer Report preparation is proposed to begin upon
direction of the City. And, at that time, HFI will update the parcel data infor-
mation. Prepare Preliminary Engineer's Report detailing the costs and pro-
posed assessments. The Report will be prepared by a Registered Civil
Engineer, and shall contain at least the following information:
- Plans and Specifications, to be prepared by others
- Description of Works of Improvement
- Preliminary Estimate of Costs with or without TFCC
(Income Tax Component of Contribution)
- Assessment Diagram
- Method of Benefit Assessment Spread
- Assessment Roll including:
Assessor Parcel's Number
JUFF'Hall & Foreman, Inc. ,,,
Section 6 1931 Act Information Total Assessed Value, Existing
Scope of Work Liens, Value to Lien Ratio
Benefit Units
Formation Assessment (1st bond sale)
Federal Income Tax component of contribution
(2nd bond sale)
- Right -of -Way Certificate (executed by Superintendent of
Streets)
- Certificate of Completion on Environmental Proceedings
(executed by Director of Public Works)
b. Coordinate with Special Counsel, City Attorney, Financial Advisor, Under-
writers, Property Owners, and other City Staff as required for the project.
c. File Preliminary Engineer's Report with the Superintendent of Streets and
with the City Clerk prior to adoption of the Resolution of Intention by the
City Council.
■ City Council Meeting
Attend one (1) City Council meeting involving adoption of the Resolution of
Intention, approval of the Preliminary Engineer's Report, approval to provide
Notice of Public Hearing and mail Ballots to property owners. Provide technical
support to the City staff, present the Engineer's report and respond to questions
as directed by City staff.
■ Prepare Proposed Boundary Map
a. Prepare and deliver two (2) original and one (1) copy of the Proposed
Boundary Map to the City for signature.
b. Record the Boundary Map at the County after the Resolution of Intention
is adopted by Council.
TASK 2: Proposition 218 Ballot Vote
■ Notice of Public Hearing/ Ballot
Accomplish printing and mailing of Notice of Assessment, Notice of Public Hearing,
and Ballot to all assessed property owners of record within the proposed District.
HFI has extensive experience in preparing the cover letter, legal notice, and ballot
for submittal to the City and legal counsel for review and approval. The Notice of
Assessment will dearly indicate payment options available, first bond issue
amount, second bond issue amount and the ITCC component. This includes
printing of the cover letter, Notices and Ballots and stuffing in envelopes (City is to
provide letterhead, envelopes, and postage). HFI will mail the notices or will
provide the stuffed envelopes to the City for posting. Contents of Notice to be
prepared by bond counsel.
■ Declaration of Mailing
HFI will provide the City with signed declarations certifying that the above Notices
were mailed forty -five (45) days prior to Public Hearing.
■ Property Owner Information Meeting
Conduct two (2) property owner information meetings to discuss preliminary
assessments.
05141.000 21
Section 6 ■ Council Meeting- ResolutionofIntention
Scope of Work Attend One (1) Council Meeting at which Resolution of Intention is
adopted, the Preliminary Engineer's Report is approved, and Public Hearing is set.
HFI will be available to answer questions, as necessary.
■ Public Information Meeting
Attend one (1) City Council Public Meeting to make presentations and respond to
questions, as directed by City staff.
■ Project Coordination Meeting
Attend staff meetings with City staff, bond counsel, financial advisor, bond under-
writer, and /or appraiser.
TASK 3: Final Engineer's Report
■ Prepare Final /Amended Engineer's Report
a. Prepare Final /Amended Engineer's Report with the confirmed
assessments based on final approved estimate of fees to be financed,
including incidental costs and financing costs.
b. File Final Engineer's Report with the Superintendent of Streets and with
the City Clerk prior to the Public Hearing.
Prepare Assessment Diagram
a. Prepare and deliver two (2) original and one (1) copy of the Assessment
Diagram. The Diagram will show the boundaries and each property with
its assigned Assessment Number.
City Council Meeting - Public Hearing
a. Attend one (1) City Council meeting involving a Public Hearing for the
District formation. Provide technical support to City staff, present
the Engineer's Report and respond to questions as directed by staff. At
the Public Hearing, HFI will tabulate the ballots and report the final
percentages weighted by dollar amount to the City prior to the end of the
Public Hearing. If a simple majority of the ballots counted by assessment
weight are in favor of forming the District, recommend formation to
City Council.
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.
osiai -000 22
Section 6
Scope of Work
■ Prepare Amended Engineer's Report
Make any revisions to the Final Engineers Report, as directed by City Council and
file with Superintendent of Streets.
■ Review the Preliminary and Final Official Statements
■ Project Team Coordination Meeting
Staff meeting to coordinate with special counsel, City attorney, financial advisor,
underwriters, property owners, and other City staff, as required for the project.
Extended Services
HFI will provide Extended Services, if requested and authorized by the City of Newport
Beach, as negotiated at the time services are requested and in accordance with the
Schedule of Hourly Rates current at the time of providing services. Extended Services may
include:
• Preparation of additional displays and /or audio /visual materials (besides the
boundary map and assessment diagram);'
• Attendance at property owner meetings and Council meetings in addition to those
included in the scope of services;
• Construction Management;
• Coordinate private property conversions during construction.
Responsibilities of the City and /or other Consultants
• Provide Certificate of Sufficiency of Petition Form;
• Provide execution of Notice of Exemption;
• Designate a Project Manager to manage and coordinate the project;
• Obtain complete design plans, and construction bid from the utility
companies;
• Right -of -way services;
• Coordinate right -of -way entry onto private property, as required;
• Provide letters of introduction and authorization to other agencies and utilities to
secure information, as required for the project;
• Retain qualified legal counsel and financial advisor to provide guidance during
District formation proceedings;
• Schedule, administer, and accomplish the publishing and /or posting of required
notices in accordance with the Government Code;
• Provide all resolutions required by the City Counsel;
• Schedule and agendize Council meetings and hearings as required under the Act;
• Provide letterhead, envelopes, and postage for mailing of notices;
• Provide up -to -date AutoCad map file of assessment district with parcels and
boundary;
• Property valuation and tax delinquency information;
• Prepare the Debt Service /Amortization Schedules;
• Submit the annual assessments to the Auditor - Controller.
05141 -000
23
Exhibit B
City of Newport Beach 10/1112004
Assessment District No. 103
Fee Schedule
SCHEDULEffASK#
Dec'2001 -Jan 2005.
SUMMARY OF SCOPE OF WORK TEMS Assessment Project Analyst CADD Project TOTALEST. TOTALEST.
Engineer Manager Drafter Assistant HOURS FEES
Billing Rale Feet FY 2003 -2001 $160 $140 685 - 690 '.$65
TERMINATION
FEES
I
TASK 1; Preliminary Engineer's Report
Two (2) Meetings: City SlaCand Wild, Agency Shia 61rs 12 hrs 61,800.00
2
Research/Wtabass Prepzrefion I SWicienoy of this 4hrs 14 his 19 hrs 61,910.00
Patfiwn
3
Confirm Certain Database Records with County this 4hrs 5 Ms 6460.60
Assessor
Spring MOB
Billing Rates to be NegoOailad for Tasks Beginning in Spring 2006
4
Update Database aM Property Purer lnlomulion
Developed for SuR enry of Petition
2hrs
Shia
lohrs
6960.00
6
Prepare Prelianary Engineers Report
2 hrs
4 hrs
24 his
3 hrs
33 hrs
63,115.00
6
Prepare Boundary Map /Revord al County
2 hrs
4 hrs
6 hrs
690.00
T
Conduct Two (2) Properly Paver Meetings
3hrs
Shia
6hrs
18 hrs
62.250.00
8
Mend One (1) Counca Meeting (ROI)
2 firs
2 hrs
4 hrs
6600.00
9
One (1) Protect Team Coordinabon Meetn,
2 hrs
2 hrs
6280.00
Subtotal Task 1 Preliminary Engineers Repot
TA SK Propos ition
IN hrs
611,625.00
10
2: 21 B B all at Vote
prepare antl Mail Non. d Sabi
4hrs
16 hrs
i6 hrs
38 hrs
13,090.00
11
Mend One (1) Public hd.orn n Meeting
2 hrs
2 hrs
4 hrs
6600.00
13
C n (it PPOjeq Team CowdnaOOn Meeting
2h-
2 hrs
6280.00
Subtotal Task 2 Ploppenks, 218 Baliut
TASK Final
"hrs
66,9T6.00
13
3: Engineer's Report
Prepare Final Engineers Repot
2 hrs
6hrs
16 hrs
4 hrs
28 hrs
62.780.00
11
Prepare Assessmem Diagram
2hrs
2hrs
4hrs
6350.00
16
Mend One (1) Cobra MaeOng l pubfic Hearing and
Ballot Tabulation
2hrs
Afars
4hrs
10 his
61.220.00
16
One(1) project Team Coordiiatan Meeting
- 2hrs
2hrs
6280.00
Su od.['Task 3 Final Erryprvi Report
KM
64.630.00
17
TASK 4: District Formation
Amend Engineers Report as directed by Council
2 hrs 2 hrs 1 ho,
5 ha
6516.00
18
Mail Noah, of Assessment
3hrs 21rs 4hn,
9hrs
6850.00
t9
Record Asm1 Diagram and that of Assessed Property
Cwner names
2 hrs 2 hrs
4h.
6300.00
20
Review Prelim. and Final Official Statement,
2hrs
2hrs
6280.00
S.Nofal Task Distdd Formation
20 hrs
61,946.00
Reimbursables (maeage, County recording tees, postage for mailings, plotting exhibits or meetings)
TDTA� FEE - District Formed to Completion 20 his S7 his 102 his 6 hr$ 32 his
217 his
6600.00
$22.970.00
s:D4169IatlMn /wekaehl041008 Proposal Fee AD 103s1s
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 Client's behalf. If requested, we will provide a computer printout which details these
costs. we do not typically provide any additional back up for these generally nominal expenses as part of our fee.
Note 3: Miscellaneous fees shall be billed monthly as they are incurred. Invoices shall be considered due and
payable upon presentation.
Note 4: The above Schedule of Hourly Billing Rates is for straight time only. In the case of overtime, the rate
charged will be 1 -1/2 times the hourly rates shown, and for Sundays and holidays, 3 times the hourly rate shown.
Note 5: The fee stated herein does not include any sales or use tax. In the event that a sales and /or use tax is
imposed by local, state, or federal authority, upon the services rendered hereunder, such sales and /or use tax shall
be in addition to said fee herein, and shall be the full responsibility of the Client.
C:\Doc .m and Settings'Dye Nancy\Desktop \041008 HUling Rates to City NP AD 103.do
City of Newport Beach NO. BA- 05BA -026
BUDGET AMENDMENT
2004 -05 AMOUNT: Sss,27o.00
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
Increase Expenditure Appropriations AID x Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase expenditure appropriations for the costs associated with electric and phone design and engineering
services for Assessment District No. 103. General Fund will advance these funds and will be reimbursed by the
district should it be formed.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
4103 3605 AD #103 Fund Balance
REVENUE ESTIMATES (3601)
Fund /Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Signed:
Financial Approval:
Signed: �� 1
Signed:
Services Director
City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$96,270.00
$55,300.00
$18,000.00
$22,970.00
Automatic Syslem Entry.
//1- (y
Date
Date
Date
Description
Division
Number
74103
Assessment District No. 103
Account
Number
9810
AD Electrical Design
Account
Number
9811
AD Phone Design
Account
Number
9812
Engineering Services
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Financial Approval:
Signed: �� 1
Signed:
Services Director
City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$96,270.00
$55,300.00
$18,000.00
$22,970.00
Automatic Syslem Entry.
//1- (y
Date
Date
Date