03-1203_BERRYMAN & HENIGAR_Personal Services Agreement0 0
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this eC� — day of
2003, by and between the City of San Juan Capistrano (hereinafter
referred to as the "City") and Berryman & Henigar, (hereinafter referred to as
"Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to provide assessment engineering services for open space and landscape
maintenance district administration; and
WHEREAS, Consultant is qualified by virtue of experience, training, education
and expertise to accomplish such services.
NOW, THEREFORE, City and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by Consultant shall consist of those tasks as
set forth in Exhibit'A," attached and incorporated herein by reference.
Consultant warrants that all of its services shall be performed in a competent,
professional and satisfactory manner and in accordance with the prevalent standards of
its profession.
Section 2. Term.
This Agreement shall commence on the effective date of this Agreement and
services required hereunder shall be completed by no later September 1, 2004.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not exceed five
thousand eight hundred dollars ($5,800), as set forth in Exhibit "A," attached and
incorporated herein by reference.
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3.2 Rate Schedule.
The services shall be billed to the City at the hourly rate set forth in Exhibit "A,"
attached and incorporated herein by reference. Included within the compensation are
all the Consultant's ordinary office and overhead expenses incurred by it, its agents and
employees, including meetings with the City representatives and incidental costs to
perform the stipulated services. Submittals shall be in accordance with Consultant's
proposal.
3.3 Method of Payment.
Consultant shall submit monthly invoices based on total services, which have
been satisfactorily completed and specifying a percentage of projected completion for
approval by the City. The City will pay monthly progress payments based on approved
invoices in accordance with this Section.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work.
3.4 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and expenses
incidental to services covered by this Agreement. These records will be made available
at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not
an agent or employee of City, and shall obtain no rights to any benefits which accrue to
City's employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required
without written approval of the City. This Agreement may not be assigned, voluntarily or
by operation of law, without the prior written approval of the City. If Consultant is
permitted to subcontract any part of this Agreement by City, Consultant shall be
responsible to City for the acts and omissions of its subcontractor as it is for persons
directly employed. Nothing contained in this Agreement shall create any contractual
relationships between any subcontractor and City. All persons engaged in the work will
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be considered employees of Consultant. City will deal directly with and will make all
payments to Consultant.
Section 6. Changes to Scope of Work.
In the event of a change in the Scope of Work provided for in the contract
documents as requested by the City, the Parties hereto shall execute an addendum to
this Agreement setting forth with particularity all terms of the new agreement, including
but not limited to any additional Consultant's fees.
Section 7. Familiarity with Work and Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated
the work to be performed; (
and (3) it
understands the facilities, difficulties and restrictions of the work under this Agreement.
Should Consultant discover any latent or unknown conditions materially differing from
those inherent in the work or as represented by City, it shall immediately inform City of
this and shall not proceed with further work under this Agreement until written
instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and
regulations of federal, state and local government.
Section 10. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Consultant.
Section 11. Copies of Work Product.
At the completion of the contract period, Consultant shall have delivered to City
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at least one (1) copy of any final reports and architectural drawings containing
Consultant's findings, conclusions, and recommendations with any support
documentation. All reports submitted to the City shall be in reproducible format.
All services to be rendered hereunder shall be subject to the direction and
approval of the City.
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant
in connection with the performance of its services pursuant to this Agreement are
confidential to the extent permitted by law, and Consultant agrees that they shall not be
made available to any individual or organization without prior written consent of the City.
All such reports, information, data, and exhibits shall be the property of the City and
shall be delivered to the City upon demand without additional costs or expense to the
City. The City acknowledges such documents are instruments of Consultant's
professional services.
Section 13. Indemnity.
Consultant agrees to protect, defend and hold harmless City, its elected and
appointed officials and employees from any and all claims, liabilities, expenses or
damages of any nature, including attorneys' fees, for injury or death of any person or
damage to property or interference with use of property and for errors and omissions
committed by Consultant arising out of or in connection with the work, operation or
activities of Consultant, its agents, employees and subcontractors in carrying out its
obligations under this Agreement.
Section 14. Insurance.
Insurance required herein shall be valid for a minimum of one year, or term of
contract, whichever is longer, and it shall be provided by Admitted Insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A -
Class VII or better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force and
effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
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$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force and
effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period
14.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as
required by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit the
insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement to the Consultant's general liability and umbrella liability
policies to the City Clerk's office for certification that the insurance requirements of this
Agreement have been satisfied.
14.5 Errors and Omissions Coverage
Throughout the term of this Agreement, Consultant shall maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less than One
Million Dollars ($1,000,000). Prior to beginning any work under this Agreement,
Consultant shall submit an insurance certificate to the City Clerk's office for certification
that the insurance requirements of this Agreement have been satisfied.
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor the
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coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions have
been satisfied.
14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the City
has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City and Consultant shall have the right to terminate this Agreement without
cause by giving thirty (30) days' advance written notice of termination to the other party
In addition, this Agreement may be terminated for cause by providing ten (10)
days' notice to the other party of a material breach of contract. If the other party does
not cure the breach of contract, then the agreement may be terminated subsequent to
the ten (10) day Lcuree period'. ry �1(P 1 _
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Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses,
or to such other addresses as may be designated by written notice. These addresses
shall be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Public Works Director
To Consultant: Berryman & Henigar
2001 East First Street
Santa Ana, CA 92705
Attn: William E. Stracker
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Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of
this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs
and necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration
under the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 19. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
ATTEST:
12.. K",�
R. Monahan, City Clerk
APPROVED AS TO FORM:
John haw, City Attorney
CITY OF SAN JUAN CAPISTRANO
By: 6.�.-.�
Pamela Gibson, Interim City Manager
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The Power to Change
The Power to Build
October 8, 2003
Ms. Amy Amirani, P. E.
Director of Public Works
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
San Juan Capistrano, California 92693
Subject: Assessment Engineering Services for Open Space and Landscape
Maintenance District Administration for Fiscal Year 2004- 2005
Dear Mani
Selecting Berryman & Henigar to administer the four Open Space and two Landscape
Maintenance Districts (OS/LMD) for the City of San Juan Capistrano ensures a timely, high
quality and cost effective service. Specifically, our team provides you:
Continuity of high quality service. Bill Stracker, P.E. will serve as your Assessment
Engineer. Andy Le will serve as your Financial Analyst and develop and update your
assessment database, maintain assessment calculations, and file all assessment
information with the County Auditor/Controller's office prior to the deadline. Also joining our
team is Cathy Shepherd who will serve as Project Manager. Her expertise includes the
formation of special financing districts pursuant to the Landscape and Lighting Act of 1972,
the 1911 and 1913 Municipal Improvement Acts, the Benefit Assessment Act of 1982, Cost
Reimbursement Districts, and the Mello -Roos Community Facilities Districts.
Vo' No learning curve. Our complete understanding of your OS/LMD will allow us to hit the
ground running to meet all compressed City and County deadlines. In addition, we have
been responsible for the formation of more than 30 citywide districts. We can assist you in
assessing the impact caused by the changes in water rates impacting jurisdictions in
California and develop a plan to mitigate those impacts on the City.
A local staff committed to immediately responding to City needs. As your Assessment
Engineer, Bill is committed to attending all council meetings and ensuring that all required
deliverables are completed in a timely and accurate manner. We will deliver your
assessment roll to the County Auditor/Controller's office in the format required and provide
you with a copy of the product submitted, including detailed property information. Moreover,
since we are local, we will always be available to assist with coordination issues (e.g.,
meetings, field review, property owner inquiries, agency interface, and new legislation
impacts). By combining our excellent working relationships, our experienced financial
analysts, and our in-house computer capabilities, Berryman & Henigar will provide on-time
submittal to the County Auditor -Controller.
To expedite this process of district administration and to make certain that required deadlines
are met, we suggest we be authorized to proceed through the approval of this proposal. An
authorized signature in the space below will approve these terms and authorize us to proceed
with your district administration.
2001 East First Street • Santa Ana, CA 92705 • (714) 568-7300 • Fax (714) 836-5906 • www.bhiinc.com
An Equal Opportunity Employer EXHIBIT "A"
Ms. Amy Amirani P.E.
City of San Juan Capistrano
October 8, 2003
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Berryman & Henigar values its relationship with the City of San Juan Capistrano. I appreciated
the assistance and working with Peter Salgado in developing this proposal. We look forward to
continuing to serve your needs in administering your OS/LMD.
Sincerely,
Berryman & Henigar
William E.StSt ackeE.
Senior Vice President
Attachment
Terms Approved
Authorization to Proceed
Authorized Signature Date
Berryman & Henigar
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CITY OF SAN JUAN CAPISTRANO
OPEN SPACE AND LANDSCAPE MAINTENANCE DISTRICTS (OS/LMD)
FISCAL YEAR 2004-2005
SCOPE OF WORK
The following are standard annual district renewal services for updating the City's four Open
Space and two Landscape Maintenance District (OS/LMD). Since we are basing this project on
work prepared by another consultant, we are requesting the original data base and methodology
calculations from their work to review.
BASIC SERVICES
Research. Identify changes in Assessor Parcel Number (APN), collect relevant parcel
attribute data, review parcel maps, acquire latest County Assessor roll data, obtain the
Districts budget information, etc.
Meetings and Coordination - Meet with City staff to review Districts, receive budgets and
other information; confirm schedule; conduct one status meeting in conjunction with the draft
Engineer's Report; attend a meeting authorizing the Resolution of Intention; attend a public
meeting and the public hearing to present the District, provide technical support and answer
questions. Total of four (4) meetings. If additional meetings are necessary we will
attend upon your request.
3 Database Preparation. Update the existing database for the District based on current
County Assessor data and above research.
4 Engineer's Report. Prepare the Engineer's Report establishing the annual assessment
rates for the next fiscal year based on budget information provided by the City. Furnish three
(3) copies of a draft report for review and comment and up to twenty (20) copies of the final
report, with one (1) copy of the Preliminary Assessment Roll, for processing and filing.
Prepare the Preliminary Assessment Roll and provide one copy to the City for the District for
filing.
5 Assessment Calculation. Calculate the parcel assessments for the District based on the
assessment formula in the Engineer's Report.
6 Resolution of Intention and Public Hearing. Attend one (1) City Council meeting adopting
the Resolution of Intention; attend one (1) public hearing to present the District; provide
technical support and answer questions as needed.
7 Auditor's Report/Placement of Assessments on County Tax Roll. Submit the annual
assessments to the County on magnetic tape; research any parcels on the County
Auditor/Controller Exception List and resubmit; provide the City two (2) bound copies of the
Final Assessment Roll, as confirmed by the County Auditor/Controller.
Provide Exception List / Parcel Change Research Information. On an as -needed basis,
research changes in APN and assessor parcel attributes upon City staff request.
EXTENDED SERVICES
1. Prepare display boards and/or visual aids for any and all meetings
2. Prepare and/or mail property owner information
City of San Juan Capistrano Page 1 of 3
OS/LMD Scope of Work
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3. Provide any other services desired and authorized by the City
4. Provide services other than basic services required for proposition 218 compliance.
RESPONSIBILITIES OF THE CITY
1. Prepare all resolutions, Council reports, and notices of public hearings or other meetings to
be published by City Clerk.
2. Provide qualified legal counsel to draft legal notices, resolutions, etc., and to provide legal
advice to City staff and to the Assessment Engineer as required during the annual
assessment process.
3. Provide proposed open space and landscape maintenance budgets for the next fiscal year.
4. Provide the existing maps for the Districts.
5. Provide administrative fees required by the County Auditor/Controller's office.
6. Provide any other available, pertinent information such as record maps, water use and
improvement plans that may be required to expedite the project.
SCHEDULE
The following is a preliminary schedule for the project. The schedule will be confirmed after
issuance of a Notice to Proceed.
Action Tent. Date Feb Mar
Apr
May
Jun
Jul
Au
Notice to Proceed - District Proceedings late Mar -04
.......................................... .........
-----------
--....
----
Receive Budget Information from City early Apr_04
..... ....
Submit Draft Engineer's Report late Apr -04
------------------------------------------- ------
-_
-
------------------
- ----•-------------•----
Submit Final Engineer's Report mid May 04
-............................. --- ............
•.......
...................
...............................
Resolution of Intention late May_04
------
----
............ .• . ........
Publish Notice �10 days prior to PH) by late June -04 .............................
---------
n- Hearing (PH) early Jul_04
- ------ ...................
......
--
--
Submit Annual Assessments to Count Jul -Au -04
FEES
Based upon our current understanding of the City's project per the Scope of Services and our
experience on OS/LIVID, Berryman & Henigar proposes the following fees, as shown below, for
the completion of the work as outlined under Basic Services in the Scope of Services for a
lump -sum fixed -fee of $5,800. Clerical, reproduction, postage, and mileage are included in the
lump -sum fee above. The cost of the County Assessor's data will be submitted as a
reimbursable expense -plus -15 percent reimbursable to Berryman & Henigar in addition to the
lump sum fee.
City of San Juan Capistrano Page 2 of 3
OS/LIVID Scope of Work
The fees for Basic Services as authorized shall be paid monthly for services performed during
the previous month. Invoices are to be paid within 30 days of receipt of invoice.
Basic Services......................................................... $5,800.00
Total Project Fee
$5,800.00
If the City would like a multi-year contract, we will commit to the same basic fee of $5,800 for
Fiscal Years 2005-06, 2006-07, and 2007-08.
Terms. Berryman & Henigar will invoice the City monthly for services provided during the
previous month but shall not exceed the schedule shown below. Invoices will be paid within 30
days of receipt of invoice.
Submit Preliminary Engineer's Report .......................................
70%
Completion of City Council ROI Meeting ...................................
80%
Completion of Public Hearing ....................................................
90%
Submit Final Assessment Roll to County & City ......................
100%
Extended services, upon written authorization, will be provided for a mutually agreed-upon fee in
accordance with the hourly rates current at the time of providing services.
RATE SCHEDULE
Principal-in-Charge/Assessment Engineer..
Project Manager ...........................................
Senior Financial Analyst ..............................
Financial Analyst ..........................................
CADD Operator ............................................
Word Processor ...........................................
City of San Juan Capistrano
OS/LMD Scope of Work
$207.00/hour
$124.00/hour
$109.00/hour
$ 99.00/hour
$ 92.00/hour
$ 66.00/hour
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