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HomeMy WebLinkAboutC-3181 - Underground Utilities in Alleys of Corona del Mar (Proposed Underground Assessment District 82)^IY;i PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this 62d-day of ��t nu -z �� ` -1 1998, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City "), and Berryman and Henigar, Inc., whose address is 2001 East First Street , Santa Ana, California 92705, (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. City desires to engage Consultant to prepare an Engineer's Report and serve as Assessment Engineer for CITY in connection with special assessment district procedures to underground utilities for Proposed Undergrounding Assessment District No. 82 (Alleys generally bounded by Goldenrod Avenue, Ocean Boulevard, Heliotrope Avenue and Bayview Drive in Corona del Mar) upon the terms and conditions contained in this Agreement. C. The principal members of Consultant for purpose of this Project are Joan Cox and Jeff Cooper. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant and desires to -1- 0 contract with Consultant under the terms of conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as follows: 1. TERM The term of this Agreement shall commence on the 12thday ofJanuary1998, and shall terminate on the 31st day of December, 1999, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" attached hereto and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section, and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of the Project Administrator. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of Twenty two thousand dollars ($22,000.00). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer -2- printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City payable by City within thirty (30) days of receipt of invoice subject to the approval of the Project Administrator and based upon the following payment schedule: Work performed through Sufficiency of Petition Not to exceed $3,000 Work performed through the second Public Hearing Not to exceed $16,000 Work performed through full establishment of the District Not to exceed $22,000 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of the Project Administrator. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and 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. -3- P 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, 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, or any other delays beyond Consultant's control or without Consultant's fault. -4- 0 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 7. PROJECT MANAGER Consultant shall assign the Project to 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 Project term. Consultant has designated Joan Cox to be its Project Manager. Consultant shall not bill any personnel to the Project other than those personnel 5.2 0 identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of the Project Administrator. Consultant warrants it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE The task(s) to be performed by Consultant shall be in accordance with the schedule specified in Exhibit "A ". Consultant shall receive no additional compensation if completion of its obligation under this Agreement requires a time greater than as set forth herein, unless such extension is caused solely by the conduct of the City. Each parry hereby agrees to provide timely notice to the other of any violation occurring under this Section and the cause thereof. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. IA 0 0 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence (active or passive) of City, or its employees, or other contractors, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. -7- 0 0 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A VII or better carriers, unless otherwise approved by the City Risk Manager. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. N 0 0 C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000.00). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by 0 9 operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. -10- L] Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES City shall furnish to Consultant base, maps, existing studies, ordinances, data and other existing information as shall be requested by Consultant and materials in City's possession necessary for Consultant to complete the work contemplated by this Agreement. City further agrees to provide all such material in a timely manner so as not to cause delays in Consultant's work schedule. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Richard L. Hoffstadt shall be considered the Project Administrator and shall have the authority act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly -11- 0 0 identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or a restoration expense shall be borne by Consultant. Nothing in -12- 0 this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with the Project. 23. CONFLICTS OF INTEREST A. 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 financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT A. Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES -13- • All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (714) 644 -3311 Fax 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Joan Cox Berryman and Henigar, Inc. 2001 East First Street Santa Ana, CA 92705 Telephone: (714) 568 -7300 Fax (714) 836 -5906 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days -14- 0 after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to the Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or -15- 0 • implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his 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. 31. CADD DELIVERABLES CADD data delivered to City shall not include the professional stamp or signature of an engineer or architect. 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. 32. PATENT INDEMNITY The Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's -16- • • drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Do-� Robin Clauson Assistant City Attorney City of Newport Beach ATTEST: LaVonne Harkless City Clerk aftgt 11 -3-97 -17- CITY OF NEWPORT BEACH A Municipal Corporation By: Kev J. MurpaKy City Manager City of Newport Beach CONSULTANT m City of Newport Beach Assessment District No. 82 Page A -1 EXHIBIT "A" SCOPE OF WORK Utility Undergrounding Assessment District No. 82 (Goldenrod Ave I Ocean Blvd I Heliotrope Ave I Bayview Dr) The following Scope of Work commences at the point at which sufficient petitions requesting the formation of Utility Undergrounding Assessment District No. 82 have been received by the City and concludes with the close of the public hearing and confirmation of the assessment district. This includes any required amendments to the Engineer's Report, plus a review of the Preliminary and Final Official Statements. The following tasks are required to complete the assessment district formation. 1. In conjunction with staff, determine proposed assessment district boundary. 2. Obtain and utilize Orange County Assessor's property owner information to create a property owner database that will be used for required mailings and assessment spreads. 3. Prepare a spreadsheet showing Assessment Number, Assessor's parcel numbers, tract and lot number, front footage, area of each lot in acres, area signing petition, relative front footage, owner, address of property, mailing address, and all required property factors necessary for the assessment formula. 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. 6. Assist bond attorney and City staff in establishing a project schedule. 7. Attend utility coordination meetings on an as- needed basis. Coordinate between City and property owners as required (assume 3 meetings). 8. Prepare Boundary Map of Assessment District. 9. Prepare Preliminary Engineer's Report which will include the following: • Act information and tables • Plans and specifications (by reference) • Description of works of improvement • Preliminary estimate of costs sA $mWng\newport.bchW82.doc Berryman & Henigar City of Newport Beach Assessment District No. 82 Page A -2 • Assessment diagram • Method of assessment spreads • Assessment roll with preliminary assessments • Right -of -Way Certificate (executed by Superintendent of Streets) • Certificate of Completion (executed by Director of Public Works) 10. Attend property owner information meeting to discuss preliminary assessments. 11. File Preliminary Engineer's Report with Superintendent of Streets. 12. Attend City Council meeting at which Resolution of Intention is adopted, Preliminary Engineer's Report is approved, and Public Hearing is set. Answer questions as necessary. 13. Prepare Boundary Map for recordation at Orange County Recorder's office. 14. Print and mail Resolution of Intention, preliminary assessment amount, and time and place of Public Hearing to each assessed property owner of record, as required by 1913 Act proceedings (contents of notice will be provided by bond counsel). Prepare written declaration that this has been done. 15. Prepare Amended Engineer's Report in which the confirmed assessment spread is based on final approved estimate of fees to be financed including incidental and financing costs. 16. File Amended /Confirmed Engineer's Report with the Superintendent of Streets. 17. Attend property owner information meeting to discuss confirmed assessments. 18. Attend Public Meeting and Public Hearing at City Council meetings and make presentations as required. 19. Count ballots received and enter the results, by financial obligation, to determine the percentage protest. The ballots are weighed by "financial obligation' or by the amount of the property's assessment. All ballots must be returned prior to the close of the public hearing. 20. Make revisions to Engineer's Report as ordered by the City Council, 21. Print and mail confirmed assessment amount and Notice of Assessment to each assessed property owner of record within the assessment district. Prepare written declaration that this has been done. 22. Prepare Assessment Diagram, Notice of Assessment, and list of assessed property owner names for recordation at Orange County Recorder's office. 23. Review Preliminary and Final Official Statements. sNSmWnglne port.1Y-Made2.dm Berryman & Henigar City of Newport Beach • Assessment District No, 82 A -3 24. Staff meetings, project administration, and coordination with City staff, bond counsel, financial advisor, bond underwriter, appraiser, and other project consultants (assume 3 staff meetings in addition to the meetings described above). This item shall include answering questions and providing information to property owners, project proponents, community association representatives, etc. Exclusions The following items of work are not included within the above Scope of Services: 1. Right -of -way services. 2. Post - public hearing services (except as noted) including debt service (amortization) schedules and placing assessment on tax roll. 3. Property valuation and tax delinquency information. 4. Advertising of notices in newspaper. 5. Testimony in court or time preparing for a court suit of any kind. 6. Preparation of improvement plans, specification and bid documents Services, Information and/or Fees to be Provided by Others In preparing the above Scope of Services, it is assumed that the following services, information and/or fees will be supplied by the City or other consultants: 1. Utilities construction cost estimates. 2. Up -to -date maps, records, plans, etc., that pertain to this project. 3. Postage and public agency letterhead and envelopes for property owner mailings. 4. Posting notices on property. 5. Right -of -entry onto private property, as required. 6. Other consultants (including property appraiser) whose services are required to complete the assessment district formations. 7. Preparation of Certificate of Sufficiency of Petition. 8. Preparation and execution of Notice of Exemption. sA$mrktng\nmportb&�ad82.dm Berryman & Henigar City of Newport Beach* • Assessment District No. 82 Page a -1 I�: /CII- 3ftiY:3Y COMPENSATION SCHEDULE Utility Undergrounding Assessment District No. 82 (Goldenrod Ave / Ocean Blvd / Heliotrope Ave I Bayview Dr) SCHEDULE OF HOURLY RATES CLASSIFICATION 1. Principal Engineer $135 2. Civil Engineer/ Associate $103 3. Senior Financial Analyst / Specialist III $92 4. CADD Designer $81 5. Financial Analyst / Technician V $65 6. Draftsperson $60 7. Word Processor $48 8. Clerical $33 Sub - Consultants Blueprints, Reproduction Cost + 15% & Courier Service Job Travel $0.36 /mile TERMS: Berryman & Henigar will invoice the City monthly for services provided during the preceding month, based on the above Schedule of Hourly Rates. The total amount invoiced will not exceed the authorization amounts specified in the contract without the prior written consent of the Public Works Department. Undisputed invoices are to be paid within 30 days of receipt of invoice. sA$mrktng\nmport.bch\ad82.doc Berryman & Henigar a TO: Mayor and Members of the City Council FROM: Public Works Department 0 January 12, 1998 CITY COUNCIL AGENDA ITEM NO. 9 SUBJECT: UNDERGROUND UTILITIES IN THE ALLEY BOUNDED BY GOLDENROD AVENUE, OCEAN BOULEVARD, HELIOTROPE AVENUE AND BAYVIEW DRIVE IN CORONA DEL MAR (PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 82) RECOMMENDATIONS: Authorize a Budget Amendment to appropriate $35,000.00 in the Assessment District Capital Project fund to proposed Assessment District No. 82 Golden rod /Heliotrope / Bayview, Account No. 7401- C5200419. 2. Authorize the City Manager to execute a Professional Services Agreement with Berryman and Heniger, Inc. in an amount not to exceed $22,000.00 for assessment engineering services. DISCUSSION: Owners of property located in Proposed Assessment District No. 82 have submitted petitions to the City requesting that a special assessment district be formed to underground overhead utilities. The location of the District is shown on the attached sketch. Property owners have requested 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 ". The proposed District is bounded by Goldenrod Avenue, Ocean Boulevard, Heliotrope Avenue and Bayview Drive in Corona del Mar. 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) referenced in Exhibit "B ". Bonds will be sold pursuant to the "Improvement Bond Act of 1915" (Division 10 of said Code). 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 then submitted the signed petitions to the City. The petition signatures represent approximately 83 percent of assessable area within the proposed District. The City has typically established 60 percent as a minimum in order to proceed with formation of the District. In anticipation that the District would move forward, staff prepared a Request for Proposals (RFP) from Berryman and Henigar to obtain assessment engineering services. Berryman and Henigar's project team has negotiated a fee for services not to exceed $22,000.00. The assessment engineering services to be provided by Berryman and Henigar are shown in Exhibit "B" and include: identifying, analyzing and determining the correct apportionment of the costs, and preparing the Assessment Engineer's Report. In addition, Berryman and Henigar will prepare the voting ballots in accordance with theArPEgfq�€s�gf F�osi y8.CMINCf! PATE