Loading...
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. SG 1 0 0 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 `a 0 0 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 3 0 0 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; 0 0 0 $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 5 0 0 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 _ coK5t 1 c4 i�rd( ba.'COvi.4 PQ- cl., � -i'4 erj l.µi p ¢,- fo � w%Q-d p r l d r I C7 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 N 6 i 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 7 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 Page 2 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 0 0 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 17W 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 Page 3 of 3