HomeMy WebLinkAbout07 - BA-015 - Assessment District 87 - Big Balboa IslandCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 7
November 25, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Patrick Arciniega, Associate Engineer
949 - 644 -3311
parciniega@city.newport-beach.ca.us
SUBJECT: REQUEST FOR FUNDING FOR PROPOSED UNDERGROUND
ASSESSMENT DISTRICT NO. 87 (BIG BALBOA ISLAND)
RECOMMENDATIONS:
Establish Assessment District No. 87, Account No. 7401- C5200742.
2. Approve a Budget Amendment in the amount of $287,212.00 from Assessment
District Fund Balance, Account No. 400 -3605 to Account No. 7401- C5200742.
Authorize the Mayor to execute a Professional Services Agreement with Harris &
Associates in an amount not to exceed $98,000.00 for assessment engineering and
district coordination services.
4. Authorize the Mayor to execute a Professional Services Agreement with Bush &
Associates Inc. in an amount not to exceed $48,100.00 for aerial survey.
Authorize staff to proceed with design of underground utilities plans by remitting
$51,112.00 to Southern California Edison and $90,000.00 to SBC.
DISCUSSION:
The property owners of Big Balboa Island have submitted petitions to the City requesting a
special assessment district be formed to finance and underground overhead utilities of the
island. Property owners have requested the formation of an Assessment District for the
purpose of financing the conversion of existing overhead utilities. The boundaries of the
proposed District are shown on 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 the petitions to the
property owners and have submitted the signed petitions to the City. The submitted
signatures represent approximately 61 percent (61 %) of the assessable area within the
proposed district. The City's guidelines require 60 percent in favor of the District as a
minimum in order to proceed with the formation of a district. In anticipation that the District
SUBJECT: Request For Funding For Proposed Underground Assessment District No. 87 (Big Balboa Island)
November 25, 2003
Page 2
would move forward, staff called for proposals from qualified firms to provide Assessment
Engineering services. The firm of Hams & Associates and staff negotiated a fee of $50,500
for services, with an optional fee of $47,500 for coordination of the district once it has
been formed. Their total fee is not to exceed $98,000 for the entire scope of work.
The assessment engineering services to be provided by Hams & Associates are detailed
in the Professional Services Agreement and include identifying, analyzing, and
determining the correct apportionment of costs in addition to preparing the Assessment
Engineer's Report. Hams & Associates 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.
In the interest of expediting the design of the underground utility plans, the City requested
a proposal from Bush & Associates Inc. to provide aerial surveying services to assist the
utility companies in designing the basemap for their plans. An aerial survey is being
conducted for this project in order to plot the existing underground utilities (gas, water,
sewer, street lighting, etc.) accurately on the basemap. Basemap accuracy is especially
important when reviewing the location of the joint trench, in the Island's narrow alleys, for
clearance with respect to City owned utility lines. Bush & Associates Inc. and staff have
negotiated a fee of $22,800.00 for services including: survey control research, manhole,
utility and valve vault field marking and location prior to aerial photography, ground control
establishment, and aerial mapping at 20 scale, with an optional fee of $25,300.00 for
additional information to the aerial mapping file. Their total fee is not to exceed
$48,100.00 for the entire scope of their work.
Southern California Edison (SCE) and SBC are responsible for the design of
undergrounding their utilities. In order to initiate the design of these facilities, the City must
remit $51,112.00 to SCE and $90,000.00 to SBC for their work. (See attached letters). 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 design funds will be lost if the District is not formed.
Staff estimates that the design schedule for this District will be as follows:
Approval of PSA for Hams & Associates
Certification of Suffciency of Signatures
Payment for SCE & SBC designs
SCE Design
Redline Basemaps
City Plan Review
Finalize SCE plans
SCE Submits Final Plans to City
SBC Design
Nov. 25, 2003
Jan. 1, 2004
Jan. 15, 2004
Feb.
15 -July 2004
July
— Sept. 2004
Dec.
2004
Jan.
1, 2005
SUBJECT: Request For Funding For Proposed Underground Assessment District No. 87 (Big Balboa Island)
November 25, 2003
Page 3
SBC Design
(City transmits plans to SBC) Jan
SBC Designs Plan Jan
Final Costs Received From Utilities Oct.
Engineer's Report Completion Jan
(Staff schedules Resolution of Intention with City Ca
for Public Hearing)
1, 2005
1, 2005 — Sept. 1, 2005
15, 2005
1, 2006
incil and sets date
Public Hearing Held March 21, 2006
Construction Begins September 2006
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 are available in
the following account:
Description
7401- C5200742
Prepared by:
Patrick L. Arciniega
Associate Engineer
Account No. Amount
Assessment District No. 87 $287,212.00
Submitted by:
Richard E m6dston
Acting Public Works Director
Attachments: Exhibit "A ", Boundary Map of Proposed District
PSA — Hams & Associates
PSA — Bush & Associates, Inc.
SCE Letter
SBC Letter
Budget Amendment
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PROFESSIONAL SERVICES AGREEMENT WITH
HARRIS & ASSOCIATES TO PROVIDE ENGINEERING SERVICES FOR
FORMATION OF UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 87
THIS AGREEMENT is made and entered into as of this day of
, 2003, by and between the CITY OF NEWPORT BEACH, a municipal
corporation ( "City"), and Harris & Associates, a corporation whose address is 34
Executive Park, Suite 150, Irvine, California, 92614 -4705 ( "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 implement special assessment district procedures to
underground utilities for the Proposed Utility Undergrounding Assessment
District No. 87 (Balboa Island area bounded by the Grand Canal, Bay Front
North, and Bay Front South).
C. City desires to engage Consultant to serve as consultant assessment engineer,
to prepare Engineer's Report, to prepare maps and documents, and to manage
special assessment district proceedings until the completion of utility
undergrounding for proposed Assessment District 87 ( "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 Joan
Cox.
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:
TERM
The term of this Agreement shall commence on the 15th day of November, 2003,
and shall terminate on the 30th day of November, 2007, 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 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.
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 "A" and incorporated herein by reference
except as noted in Exhibit A. In no event shall Consultant's compensation
exceed ninety-eight thousand and 00/100 Dollars ($98,000.00) 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 and /or classification of employment 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.
2
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 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 set forth in Exhibit A.
S. 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 Joan Cox 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.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Patrick
Arciniega shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator or his /her authorized
[c]
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 Consultants
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.
0
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 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 work, 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 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.
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D. Coverage Requirements.
1. 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 Califomia. 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 Califomia 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) 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.
2. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than Two Million
Dollars ($2,000,000) 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.
3. 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.
4. 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 are to be covered as additional insureds with respect to
liability arising out of work performed by or on behalf of the
Consultant.
IN
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, and
agents 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, and agents.
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, or agents.
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) days written notice has been received
by City.
F. Timms 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 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 written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed documents
for other projects and any use of incomplete documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
All improvement and/ or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with
a minimum thickness of 3 mils. Consultant shall provide to City 'As- Built'
drawings, and a copy of digital ACAD and tiff image files of all final sheets within
90 days after finalization of the Project. For more detailed requirements, a copy
of the City of Newport Beach Standard Design Requirements is available from
the City's Public Works Department.
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
0
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 the release of information, except that
Consultant may release information when necessary during the course of and
scope of its work when required to do so by law, ie.e, subpoena.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
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 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.
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 to this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City to examine,
audit and make transcripts or copies of such records 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 under this Agreement.
10
23. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant
shall not discontinue work as a result of such withholding. Consultant shall have
an immediate right to appeal to the City Manager or his designee with respect to
such disputed sums. Consultant shall be entitled to receive interest on any
withheld sums at the rate of 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 bome 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 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, 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
11
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Patrick Arciniega
Public Works
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949 -644 -3347 Fax: 949 - 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Joan Cox
Harris & Associates
34 Executive Park, Suite 150
Irvine, CA 92614 -4705
Phone: 949 - 655 -3900 Fax: 949 - 655 -3995
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 provision, 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 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,
12
county, state and federal laws, 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 govem 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.
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
Robin Clauson,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless
CITY Clerk
CITY OF NEWPORT BEACH
A. Municipal Corporation
By:
Mayor
for the City of Newport Beach
HARRIS & ASSOCIATES
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Attachments: Exhibit A — Scope of Services
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Scope of Services
The following is our scope of services for the formation of Assessment District No. 87, which encompasses
approximately 1,200 parcels of land with mixed uses (residential and commercial) on Balboa Island.
This scope assumes the assessment district will be formed under the authority of the Municipal Improve-
ment Act of 1913. Therefore, all elements required by the 1913 Act and Article YCUID of the California
_] Constitution (Proposition 218), as well as the provisions of the Debt Limitation Act of 1931, will be pro-
vided to the City, including an Engineer's Report that utilizes an appropriate assessment methodology for
_.� apportioning the costs to all properties receiving "special benefits" from the undergrounding of overhead
utilities. The Engineer's Reports will be prepared and signed by a registered Professional Civil Engineer.
The Scope of Services is broken into 3 distinct phases. Phase 2 will not commence until the City has re-
ceived sufficient petitions (60 percent) from the property owners, and Phase 3 will not commence unless the
City Council acts to establish the Assessment District We have also provided an optional Phase 4, which
provides property owner coordination during construction.
3
Phase 1 — Petition Confirmation
1. In conjunction with the City staff, determine proposed assessment district boundary.
2. Obtain and utilize the Orange County Assessor's property owner information to create a property
owner database that will be used for petition confirmation, required mailings and assessment spread.
Additional services, such as MetroScan, will be used as deemed appropriate to ascertain the most current
owner names and addresses axe utilized.
3. Prepare a spread sheet showing Assessment Number, Assessor's Parcel Number, area of each lot in
acres, area signing petition, front footage, owner, address of property, mailing address, tract and lot
number, and any other pertinent and /or required information. An electronic copy of this data will be
Provided to the City.
4. Based on petitions received, determine whether sufficient valid petitions exist to proceed with the
assessment district formation, or whether additional petition gathering efforts are needed.
5. Upon determination that sufficient valid petitions exist to proceed with the formation of the assessment
district, execute Certificate of Sufficiency of Petition.
Phase 2 - Engineer's Report and Formation Proceedings
6. Assist Bond Counsel and City Staff in establishing a project schedule.
7. Attend utility coordination meetings on an as- needed basis. Coordinate between City and property
owners as required. (Assumes 3 meetings.)
8. Prepare the Boundary Map and the Assessment Diagram for the Assessment District from an electronic
base map supplied by the City.
J 9. Prepare the Preliminary Engineer's Report in accordance with the 1913 Act, the 1931 Act and Proposi-
tion 218, to include the following:
+A^a UtilityUndergrounding
aAssessment DistridNO .87 (BaLboalsland)
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1931 Act information and tables
7
Plans and specifications (by reference)
_)
- Description of works of improvements
- Preliminary estimate of costs with and without ITCC (Income Tax Component of Contribution)
- Assessment Diagram
7
- Method of assessment apportionment
- Assessment roll with preliminary assessments
- Right -of -Way Certificate (executed by Superintendent of Streets)
- Certificate of Completion (executed by Director of Public Works)
10.
File Preliminary Engineer's Reportwith Superintendent of Streets.
1
11.
Attend the City Council meeting at which Resolution of Intention and Preliminary Engineer's Report are
considered and Public Hearing is set and answer questions as necessary (includes 1 meeting).
12.
Prepare Boundary Map for recordation at the Orange County Recorder's Office and record.
13.
Prepare the Notices of Public Hearing and Assessment Ballots, including the property owner's name and
mailing address, Assessor's parcel number and preliminary assessment amount, for mailing to all assessed
property owners of record within the proposed district Work will be performed in accordance with the
1913 Act and Proposition 218. Due to the size of this district, bar -codes will be included on each of the
assessment ballots for tabulation purposes. This scope assumes Special Council and the City will review
_I
and approve the contents of the Notice and that the City will provide the envelopes and postage for
mailing. Prepare a written declaration that this task has been completed.
7
14.
Prepare Confirmed Engineer's Report in which the confirmed assessment spread is based on final
approved estimate of fees to be financed, including incidental and financing costs.
15.
File Confirmed Engineer's Report with the Superintendent of Streets.
16.
Attend property owner information meetings to discuss preliminary assessments (up to 4 meetings).
17.
Attend the City Council meeting at which the Public Hearing is conducted to provide technical support
and answer questions (includes 1 meeting).
18.
Using bar -code scanning equipment and a laptop computer, tabulate the assessment ballots, weighted by
the proposed assessment amount, after the close of the public hearing and present the results to the City
CouncL The results of the tabulation may be continued to the next City Council meeting.
19.
Make revisions to the Engineer's Report as ordered by the City CouncL
Phase 3 - Assessment Confirmation and Bond Sale
3
20.
Prepare the Notice of Assessment, including the confirmed assessment amount as well as cash payoff
amount, for mailing to all assessed property owners of record within the confirmed district The Notice
-1
of Assessment will clearly indicate payment options available, 1'° bond issue amount, 2" a bond issue
J
amount, and ITCC portion. This scope assumes Special Council reviews the contents of the Notice and
that the City will provide the envelopes and postage for them ;lam. Prepare a written declaration that
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this task has been completed.
Utility Undergrounding !'
��111\
Assessment District No. 87 (Balboa Island) ii
21. Prepare the Notice of Assessment, List of Assessed Property Owner Names and Assessment Diagram
for recordation and record.
1 22 Assist the City and project team with review of the Preliminary Official Statement and the Official
Statement, and provide basic assessment engineering, as necessary, to bring the project to the point of
initial bond sale.
- -, 23. Participate in meetings with City staff, project administration and coordination with City staff; property
owners, bond counsel, financial advisor, bond underwriter, appraiser, and other project consultants.
(Assume 3 meetings) This task also includes answering questions and providing information to property
owners, project proponents, community associates representatives, etc.
J
Phase 4 - Property Owner Coordination after Formation
(Optionat)
24. Answer property owner questions relating to the underground district, service connections, building
permits and all other miscellaneous questions related to the undergrounding.
25. Mailing Nc, 1: Mail letters to property owners telling them that the Edison contractor is starting work
26. Mailing No, 2: Mail letters to property owners telling them that it is time to connect to the new under-
ground system once Edison has completed installation of the underground conduits and vaults. The
mailing of this letter will be dependent on the construction schedule for SCE's contractor. Once SCE's
contractor has completed the installation of the underground facilities this second letter can be mailed.
27. Research all returned letters to determine correct address and remail. MetroScan assessor's information,
City's Master ID System, returned envelopes to crosscheck owner's addresses or other equivalent data-
base to verify owner's address.
28. Keep accurate records to avoid multiple letters to homeowners. Check the Gigs software Permits Plus
to verify homes that have pulled electrical underground permits. If residence has not pulled permit,
coordinate with the Building Department Inspector to verify status of resident service (ext under-
ground, not responsive, etc.). Field check residences as necessary to determine if the property is existing
underground when no City information is available.
29.
Mailing No. 3: Mail follow -up letter about 4 months after Letter #2 was mailed to owners that have
not pulled Electrical Permits.
30.
Research all returned letters to determine correct address and remail.
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31.
Mailing No. 4: Mail follow -up letter about 6 months after Letter #3 was mailed to owners that have not
pulled Electrical Permits. This letter will have a final conversion date with a statement of legal ramifica-
-j
lions. Residents should be given 4 weeks to have their utility service in compliance, Failure to comply will
result in the matter being turned over to the City Attorney's office.
32.
Work with City to get any stragglers to underground their services. This may require additional letters,
most likely reviewed and approved by the City Attorney's office.
33.
During the homeowner utility conversion phase, conduct monthly meetings to update City and commu-
nity on progress of district conversions.
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Utility Undergrounding
Assessment District No. 87 (Balboalsland)
no
Cena 76
Exclusions
The following items of work are excluded from the Scope of Services:
a. Right -of -way services.
b. Post -Public Hearing Services (except as noted), including debt service (amortization) schedules and
placement of assessments on tax roll
c Property valuation and tax delinquency information.
d. Advertising of notices in newspaper.
e. Preparation of improvement plans, specifications, and bid documents.
Services and Information to be Provided by Others
The following information will be provided by the City or others:
a. Utility construction cost estimates
b. Up-to -date maps, records, plans, etc. that pertain to this project, including an electronic base map of
the proposed Assessment District
c Postage, letterhead and envelopes for property owner mailings.
d. Posting notices on property.
e. Rights -of -entry onto private property, as required.
f. Other consultants (including property appraiser) whose services may be required to complete the
assessment district formation.
g. Preparation and execution of Notice of Exemption (environment documents, etc.)
b. Preparation of Certificate of Sufficiency provided by Bond Counsel
+ Utility Undergrounding
Assessment District No. 87 (Balboa Island
November 7, 2003
Mr. Patrick Arciniega
Associate Engineer
City of Newport Beach
3300 Newport Avenue
Newport Beach, CA 92658
Re: Fee Proposal for Assessment Engineering Services for
Proposed Assessment District No. 87 (Balboa Island)
Dear Patrick,
Harris & Associates
Program Managers
Construction Managers
Civil Engineers
Nov 7 is _U
The following are our proposed fees to provide Assessment Engineering Services for Formation of Utility
Undergrounding Assessment District No. 87 (Balboa Island), which are based upon our understanding of the
requirements for formation of the proposed Assessment District, the City's Request for Proposal dated August 15,
2003, our experience on similar projects and the scope of work identified in our technical proposal.
Phase 1 — Petition Confirmation ..................... ............................... .........................$8,000
Phase 2 — Engineer's Report and Formation Proceedings .. ............................... $35,000
plus envelopes and postage*
Phase 3 — Assessment Confirmation and Bond Sale .............. ............................... $7,500
plus envelopes and postage*
Phase 4 — Property Owner Coordination after Formation (Optional) .............. $47,500
Indirect expenses (such as mileage, duplicating and postage) are included in the fees
shown above except as noted.
* Official city #10 window envelopes and the cost for postage for the ballot package are to be
provided to Harris one -week prior to the mailing date. Harris & Associates will provide a cost/value
analysis for out - sourcing the noticing to a mail -house for production, folding, stuffing and mailing.
Invoices will be submitted monthly for services provided in the previous month and shall be paid within 30 days
of receipt in accordance with a mutually agreeable contract. Extended services will be provided for a mutually
agreeable fee and in accordance with Harris' current schedule of hourly rates. Any mail -house services for
notice/ballot production (for bar - coding, folding, and stuffing the notices and ballots into envelopes for mailing)
will be invoiced at cost plus 15 %.
A table showing the estimated hours of work allocated for all project tasks is included on the following page. Also
provided is our current Schedule of Hourly Rates.
Mr. Patrick Arciniega
City of Newport Beach
November 7, 2003
Page 2
TASK
Project Dep. Proj. Sr. Proj. Sr. Drafting Clerical TOTALS
Manager Manager Analyst Technician HOURS
Hours Hours Hours Hours Hours
Determine District Bounda
2
4
q
--' - -' --
77' --
8
Research County Information
3
6
16
16
Prepare
Spreadsheet
2
4
8
72
60
12
Petition
Anal sis
40
4
36
72
Prepare Preliminary Engineer's Report
40
Certificate of Sufficlency
1
2
4
14
2
5
Phase 2 - Engineer's Report and Formation Proceedings
Establish Schedule
2
6
5
--' - -' --
77' --
2
Utility Coordination Meetings (3 mt s)
3
6
9
Prepare Boundary Map and Assessment Diagram
2
2
8
48
72
60
Prepare draft Preliminary Engineer's Report
12
16
40
4
72
Prepare Preliminary Engineer's Report
2
2
g
4
14
Property Owner Meetings (4 mtgs)
12
3
40
7
12
Council Mtgs - ROI and Public Hearing (2 mtgs)
6
6
File Prel. Engineer's Rpt with Super. of Streets
3
2
__4_6__
72
2
Prepare Boundary Map for Recordation and Record
g
0
4
2
6
Prepare Notices of Formation and Ballots
4
4
20
60
88
Prepare Amended /Confirmed Engineer's Report
2
8
4
14
File Coif. Engineer's Rpt with Super. of Streets
2
2
Project Team Meetings and Coordination (3 mtgs)
6
3
9
Tabulate Assessment Ballots
—Management
4
6
10
Pro ict
16
16
74 53 186 48 138 499
Phase 4 - Pro Dertv owner Coordination nkar Pnrmatinn /rintinrnn
_ Answer Property Owner Questions regarding un ergroun d ing
6
6
5
--' - -' --
77' --
Mailing No.
Mailing o.2
0
40
72
Research returned-letters
2
16
18
Maintain records of mailings
2
q0
42
Mailing No. 3
2
3
40
7
Research resume le ters
2
Mailing o.
3
__4_6__
72
oordination ma ze un ergroun ing
g
0
8
Mo— nthly Status Meetings during conversion (est. 8 mon
32
3
Proect Mana ement
16
16
cc Du L// IOU DIV
The hours shown above for Phase 2 — "Prepare Notices of Formation and Ballots" and Phase 3 — "Prepare Notices
of Confirmed Assessment" will be reduced significantly if a mail -house is used to for notice production.
Q:Troposals\Newport Beachtad87Vee leuer1doc
� Harris &Associates
Mr. Patrick Arciniega
City of Newport Beach
November 7, 2003
Page 3
SCHEDULE OF HOURLY RATES *
Project Director ........ ..........................$230 / hour
Project Manager ...... ...........................$180 / hour
Deputy Project Manager ....................$150 ( hour
Senior Project Analyst .........................$90 ( hour
Project Analyst ......... ............................$70 ( hour
Sr. Drafting Technician ........................$95 / hour
Clerical Staff ............ ............................$60 / hour
* These hourly rates may be updated on an annual (calendar year) basis
not to exceed five percent (5 %) per year.
Hourly rates include most direct costs such as vehicle usage and mileage,
equipment usage (including computers), and printing and copying except
as noted above. Mail -house services will be billed at cost plus 15 %.
Our team is excited about the opportunity to continue working with the City of Newport Beach on this
challenging project. We would welcome the opportunity to meet with you to discuss any aspect of our technical
or fee proposal. If you have any questions regarding this proposal, please call me at 949.655.3900 ext. 337.
Sincerely,
Harris & Associates
Joan E. Cox, PE
Associate / Project Manager
QdProposals\Newport Beach\adgWee lettaldoc J
� I Harris &Associates
PROFESSIONAL SERVICES AGREEMENT
FOR
BALBOA ISLAND UTILITY MAPPING
WITH BUSH & ASSOCIATES INC.
THIS AGREEMENT is made and entered into as of this day of November, 2003,
by and between the CITY OF NEWPORT BEACH, a municipal corporation ( "City"),
and, a Bush & Associates, Inc. whose address is 18017 Sky Park Circle, Suite Q,
Irvine, CA 92614 -6520 ( "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, in cooperation with Southern California Edison, SBC and Adelphia, is
planning to underground utilities on Balboa Island.
C. City desires to engage Consultant to provide surveying services to base mapping
services of Balboa Island ('Project ").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be David Bush.
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 25th day of November, 2003,
and shall terminate on the 31 st day of December, 2004, 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 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.
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 Consultants compensation exceed Forty -Eight
Thousand One Hundred Dollars ($48,100) 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 and /or classification of employment 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:
2
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 mates 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 David Bush 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.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Michael
Sinacori 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:
3
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 Consultants
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.
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
!I
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work negligently
performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and /or design defects [if the
design originated with Consultant]) or. Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or any or all of
them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
s
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 work, 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 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 Regulrements.
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) 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.
Ll
2. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than Two Million
Dollars ($2,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
otherform with a general aggregate limit is used, eitherthe 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.
3. 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.
4. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of One Million Dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds
with respect to liability arising out of work performed by or on behalf
of the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
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) 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
City and Consultant agree that subconsultants may be used to complete the work
outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit "A." Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in this
Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
othenwise required by law. Except as specifically authorized herein, the services to
be provided under this Agreement shall not be otherwise assigned, transferred,
contracted or subcontracted out without the prior written approval 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
M
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 written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed documents
for other projects and any use of incomplete documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent forsuch 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 the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
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.
R
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against liability, including costs, for infringement
of any United States' letters patent, trademark, or copyright infringement,
including costs, contained in Consultant's drawings and specifications provided
under this Agreement.
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 to this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City to examine,
audit and make transcripts or copies of such records 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 under this Agreement.
23. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant
shall not discontinue work as a result of such withholding. Consultant shall have
an immediate right to appeal to the City Manager or his designee with respect to
such disputed sums. Consultant shall be entitled to receive interest on any
withheld sums at the rate of 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 bome 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.
27
28.
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 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.
NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, 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:
Michael J. Sinacorl
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949 -644 -3342
Fax: 949 - 644 -3308
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: David Bush
Bush & Associates Inc.
18017 Sky Park Circle, Suite Q
Irvine, California 92614 -6520
Phone: 949 - 752 -1888
Fax: 949 - 752 -1895
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
44
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 provision, 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 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 govemmental 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, 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 govem.
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.
12
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.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
Robin Clauson,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless
CITY Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Mayor
for the City of Newport Beach
CONSULTANT
0
David Bush, President
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
f ; \users\pbw\shared�agreements \fy 03- 04\bush- balboa island utility mapping.doc
1'k
EXHIBIT "A°
Bush ,& Associates Inc.
Land Surveyors
August 7, 2003
PROPOSAL
TO: Mike Sinacori,City of Newport Beach
Public Works Department
FROM: David Bush, Bush & Associates, Inc.
SUBJECT: Balboa Island Utility Mapping
Surveying.Services
We propose to provide the following services for the 7.3 mile utility project:
1. Research at county offices for local survey control. (Licensed Surveyor 2 HRS)
2. Mark manhole, utility and valve vaults in the field prior to the aerial photography. (2 -Party
Survey Crew 8 HRS)
3. Establish survey ground control for aerial mapping using NAD83 coordinates and NAVD88
county benchmark elevations. (2 -Party Survey Crew 16 HRS, Licensed Surveyor 8 HRS)
4. Aerial mapping by photogrammetric methods at 20 scale, one foot contour interval, of the
20' wide mapping strip along all alleys and 60' wide mapping strip along Park, Balboa,
Marine and Agate. Final product will be an Autocad digital drawing file by subconsultant
Robert Lung and Associates. (Aerial Mapping $10;140.00)
5. Field locate and add obscured surface features, not visible in the aerial photography, to the
aerial mapping file. (2 -Party Survey Crew 40 HRS, Licensed Surveyor 8 HRS, Survey
Technician 24 HRS)
Estimated fee for the above services: $22,800.00
Add $25,300.00 to locate USA markings along project route and add information to the aerial
mapping file. (2 -Party Survey Crew 120 HRS, Licensed Surveyor 24 HRS, Survey Technician
80 HRS)
Cowainvlet\propo a11me30807.dm
18017 Sky Park Circle • Suite Q • Irvine, California 92614 -6520 • (949) 752 -1888
EXHIBIT "B"
Bush & Rssociates Inc.
Land Surveyors
BUSH & ASSOCIATES INC.
2003 FEE SCHEDULE
2 -Party Survey Crew W/Equipment $148.00/HR
3 -Party Survey Crew W/Equipment $188.00/HR
Licensed Land Surveyor $ 86.00/HR
Survey Technician $ 68.00/HR
Draftsperson $ 62.00/HR
Prints, Photocopies, Etc..... Cost + 10%
18017 Sky Park Circle • Suite 0 • Irvine, California 92614 -6520 • (949) 752 -1888
NOV -14 -03 10:51 FROM= ID= PAGE 2/2
SOUTHERN CAllFURNl4
EDISON�
An PRISON IMMMA770NAL9 Company
November 14, 2003
Subject: Design fee for Assessment Dist. 87
Dear Patrick,
In order to start Design on Assessment Dist. 87, Edison will require an Engineering fee of
$51,112.00 as discussed. Actual invoice for Engineering fee will be mailed to you week
of 11/17/03. If you have any questions, please feel free to give me a call. Thank you.
Sincerely,
4� 0)�-
Al Ohara
Technical Design
Southern California Edison
P. O. BOX 11992
Santa Ana, CA 92711 -1452
10/28/2003 15:03
� saw
C.�
October 28, 2003
7142376095
(Sty of Newport Beach
Public Works Department
Attention: Iris Lee, P.E.
PO Box 1768
Newport Beach, Ca. 92658.8915
Dear Iris,
PACBELL PROACTIVE
PAGE
SBC Wert
3939 E Coronado St.
2"d floor
Anaheim, Ca. 92807 -1687
AN
This letter is in response to the OWsrequest for a preliminary estimate for the proposed-Assessment District No. 87. The
assessment district is comprised of Balboa Island.
A °rough" estimate of $3,818,125.00 was calculated 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 hwl tiles. These numbers will
change when the final design has been completed. This estimate considered joint participatiea with Southern California
Edison and9delpbia Communications but is dependant on their final designs, which would af%xt the cost as well.
A deposit pay
mentof�9o, 000. oo will be required prior to any dPPTwork The deposit is non- refundablebutwill be applied
to the cost of the job. Upon receipt of the deposit, SBC -West will commence with the design of the requested work and provide
the City of Newport Beach within approximately 8 montbs after receiving FAson s design the final cost of the project based oa
the actual conduit design and the use of anyjaint trench by the participating utilities.
The deposit is not required at this time but once the City plans to proceed.witb the asse_Q_ eat district abiBing letter will be
issued for the deposit. Please contact me when the decision has been made.
Please ca111ae at (714) 666 -5710 if you bave any questions or concerns.
Sincerely,
JeffMeaickel
EnAillee
City of Newport Beach
BUDGET AMENDMENT
2003 -04
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
X from future estimated revenues
from unappropriated fund balance
EXPLANATION:
NO. BA- 015 i
AMOUNT: $287,212.00
Increase in Budgetary Fund Balance
AND X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To appropriate $301,822 for the engineering and design of proposed Assessment District 87 (Big Balboa Island). If the
district is formed, funds will be provided by future property owner assessments. If the district is not formed, the engineering
and design costs will become General Fund costs.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
400 3605
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Signed
Signed
Description
Assessment District Fund Balance
Description
Description
7401 Assessment District Capital Projects
C5200742 Assessment District 87
Amount
Debit Credit
$287,212.00
$287,212.00
Automatfc System Entry.
Approval: Administra ervices Director Date
ative App/al: City Manager Da
City Council Approval: City Clerk
Date