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
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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
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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!
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