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Home My WebLink AboutItem 4.04 AD ConsultBerryman CITY CLERK File # AG EN DA STATEMENT CITY COUNCIL MEETING DATE: February 18, 2003 SUBJECT: Agreement With Berryman & Henigar, Inc., for Assessment District Consulting Services Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: !) Resolution 2) Proposed Agreement RECOMMENDATION: Adopt resolution approving agreement with Berryman & Henigar, Inc., for Assessment District consulting services FINANCIAL STATEMENT: The proposed annual cost for services is as follows: Citywide Street Light Assessment District 83-1 $ 6,000 Stagecoach Road Landscape Maintenance Assessment District 83-2 $ 1,000 Dougherty Road Landscape Maintenance Assessment Distict 86-1 $ 1,000 Santa Rita Area Landscape Maintenance Assessment District 97-1 $ 1,000 Dublin Ranch Street Light Assessment District 99-1 $ 2,500 Citywide Refuse Collection Fee $ 2,500 Citywide EMS Fee $ 2,500 Dublin Blvd. Extension Assessment District 91-1 $ 1,700 $18,200 10% contingency: $ 1,800 Recommended Not-To-Exceed: $20,000 The above costs are budgeted in and would be paid by the various assessment districts as part of the Engineering and Administrative cost. DESCRIPTION: Staff recently issued a Request for Proposal to four firms who provide assessment district consulting services, and after review of the four proposals, selected the firm of Berryman and Henigar, Inc., as best suited to provide these services to the City of Dublin. For the past two years, the City has used a consulting firm to spread assessments and prepare Engineer's Reports and Staff Reports, as well as the submittal for the Alameda County Assessor's Office. Use of a consulting firm for this service helps to alleviate some of the demand on Public Works Staff time, as well as provide assurance of compliance with current Assessment District regulations. COPIES TO: Amy Roblyer, Berryman & Henigar 4~ ITEM NO. []j g:\engrcontract\berryman\agst agreement The cost proposal is similar to the cost incurred from the previous consultant; however, the scope of services has been increased to include research to determine new or changed parcels, update of assessment diagrams, and preparation of revenue estimates. The consultant would also assume administration of the 1915 Act Dublin Boulevard Extension Assessment District. Berryman & Henigar staff are located in Pleasanton and are available for attendance at Staff budget meetings, property owner meetings, and City Council meetings. Although Staff does not anticipate the need for any Proposition 218 ballot procedures for Fiscal Year 2003-2004, Berryman & Henigar could also provide those services, if needed, at an additional cost. Staff recommends that the City Council adopt the resolution approving the agreement with Berryman and Henigar, Inc., for Assessment District consulting services. Page 2 RESOLUTION NO. - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT WITH BERRYMAN & HENIGAR, INC. FOR CONSULTING SERVICES WHEREAS, the City of Dublin requires consulting services for preparation of Engineer's RePorts, staff reports, estimates, and other activities related to fees and Assessment Districts; and WHEREAS, the qualifications of Berryman and Henigar, Inc., are appropriate for the work proposed; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the agreement with Berryman and Henigar, Inc., for Assessment District consulting services. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 18th day of February, 2003. AYE S: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND BERRYMAN AND HENIGAR, INC. THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and Berryman and Henigar, Inc. ("Consultant") as of February 18, 2003. Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A., the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2006, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $20,000 annually, unless otherwise agreed in writing, notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consulting Services Agreement between City of Dublin and Berryman and Henigar, Inc, Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: · Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; · The beginning and ending dates of the billing period; · A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; · At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; · The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; · The Consultant's signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Final Payment. (This section not applicable.) 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, Consulting Services Agreement between February 18, 2003 City of Bublin and Berryman and Henigar, Inc. Page 2 of 13 unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the following fee schedule: 2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not exceed Two Hundred and Fifty Dollars ($250) per year unless otherwise approved in writing by the City. Expenses not listed below are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactow to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to Consulting Services Agreement between February 18, 2003 City of Dublin and Berryman and Henigar, Inc. Page 3 of 13 commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Consulting Services Agreement between February 18, 2003 City of Dublin and Berryman and Henigar, Inc. Page 4 of 13 Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ("any auto"). No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. 4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) Consulting Services Agreement between February 18, 2003 City of Dublin and Berryman and Henigar, Inc. Page 5 of 13 days' prior written notice by certified mail, return receipt requested, has been given to the City. 4.3.3 The policy must contain a cross liability or severability of interest clause. 4.3.4 The following provisions shall apply if the professional liability coverages are written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreemeni or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.4 ' Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of Consulting Services Agreement between February 18, 2003 City of Dublin and Berryman and Henigar, Inc. Page 6 of 13 such insurance are either not commercially available, or that the City's interests are otherwise fully protected. 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: · Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; · Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or · Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage Consulting Services Agreement between February 18, 2003 City of Dublin and Berryman and Henigar, Inc. Page 7 of 13 to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City~ including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. Consulting Services Agreement between February 18, 2003 City of Dublin and Berryman and Henigar, Inc. Page 8 of 13 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon sixty (60) days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Consulting Services Agreement between February 18, 2003 City of Dublin and Berryman and Henigar, Inc. Page 9 of 13 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following: 6.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Consulting Services Agreement between February 18, 2003 City of Dublin and Berryman and Henigar, Inc. Page 10 of 13 Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains purSuant to this Agreement and that relate to the matterS covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is underStood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, voucherS, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) yearS, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of'the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so Consulting Services Agreement between February 18, 2003 City of Dublin and Berryman and Henigar, Inc. Page 11 of 13 adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. ~10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et. seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including · reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqual!fied from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by Lee S. Thompson ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. Consulting Services Agreement between February 18, 2003 City of Dublin and Berryman and Henigar, Inc. Page 12 of 13 10.10 Notices: Any wdtten notice to Consultant shall be sent to: K. Dennis Klingethofer, P.E. Berryman and Henigar, Inc. 6150 Stoneddge Mall Road Suite 370 Pleasanton CA 94588..3241 Any wdtten notice to City shall be sent to: Lee S. Thompson 100 Civic Plaza Dublin CA 94568 10.11 Professio.nal.$,ea!. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.12 inte~ration, This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all pdor negotiations, representations, or agreements, either wdtten or oral. CITY OF DUBLIN CONSULTANT Mayor Berryman & Henigar, Inc. Attest: City Clerk Approved as to Form: City Attorney G:'~eng~benTman\agrt Consulting Services Agreement between February 18, 2003 City of Dublin and Berryman and Henigar, Inc. Page 13 of 13 EXHIBIT A SCOPE OF SERVICES As per proposal dated January 6, 2003, attached. Consulting Services Agreement between February 18, 2003 City of Dublin and Berryman & Henigar--,Exhibit A, Page 1 of 1 ';,~\i ~:'t~'~______~v_,,~.V.~ ~;~ ! ~'-',i Preparation of Engineer's Report~ and Table of Contents Section 1 Corporate Overview Section 2 Proposed Project Team Section 3' Project Understanding and Approach Section 4 Project Schedule Sectio~ 5 Project Experience and Client References Section 6 Fee Schedule (See Sealed Envelope) ",.~%-~?/// Assessment District Adm.ir~istrat~o.n Corporate Overview For over 25 years Berryman & Henigar has provided fuii service, value added consulting services exclusively to over 400 public agencies. We have developed a "municipal culture" within a highly respected firm that thinks, acts, and understands municipal issues, priorities and requirements. Our hands-on municipal expertise in assessment engineering, asset management, civil engineering, community development, plan check: surveying, construction management and extension of staff services gives more of the expertise and creativity cities expect to build a better future. Berryman & Henigar's Range of Services include: Public Finance P_ro.qram/Construction ~¢lanaqement · GASB 34 Compliance . Assessment Engineering Community Development o Specia Tax District Formation · Building Inspection · Rate Studies · Building Plan Review · Building Department Administration Mqnicipal Encfineerina · Stormwater Management Asset l~lanaqement · Transportation Infrastructure · Pavement Management · WaterNVastewater Facilities · Infrastructure Management · Surveying · GIS Services · Civil and Map Plan Review · Marine Engineering Municipal Consultinq o Water Resources · Contract City Services · Staff Augmentation e-Government · Capital Improvement Programs · Public Information Since 1982 Berryman & Henigar's Management and Finance Division has worked with over 150 public agencies throughout California and is recognized as a leader in forming and administering over 200 1972 and 1982 Act Districts. This past year we administered over 90 districts for public agencies and p~epared assessment tax rolls which included over 3 million parcels. Specific to 1972 and 1982 Act Districts, we have helped agencies throughout California form districts, including the City of Vista, to provide funding for the operation, maintenance, and construction of park facilities, open space, landscaping, street lights, street sweeping and related improvements. These districts have ranged in size from including one single development to citywide districts. Our staff has also assisted in the consolidation of districts, and currently prepares the annual tax roll for more than 50 districts. We have helped agencies throughout California form districts under the authority of the Landscaping and Lighting Act of 1972 and the 1911 Act to provide funding for the operation, maintenance, and construction of park facilities, open space, landscaping, streetlights, and related improvements. These districts have ranged in size from one single development to citywide districts. We make it our first priority to work closely with each agency in developing the appropriate methodology and a strong benefit nexus that relates to 'special benefit'. Some districts may require benefit zones based on the varying types and level of service received by certain properties. Our staff has also assisted in ttqe consolidation of districts, he ped agencies determine the feasibility of forming districts, and currently prepares the annual assessment roll for more than one hundred districts. Special Tax Districts Our public financing specialists have extensive experience n administering all types of special tax districts. Our staff has prepared the annual Auditor's Report for the levy of special taxes for a wide range of public services including library services, emergency medical and paramedic, and recreation services. This includes special tax levies for which we helped agencies and those formed by others. We can also prepare Special Tax Reports, track delinquencies, monitor arbitrage requirements, and manage annexations, consolidations and reapportionments for existing districts if there is bonded indebtedness. Proposition 218 Compliance Berryman & Henigarhas a clear knowledge of Proposition 218 and the subsequent clarifying legislation of Senate Bill 919. Our staff members have lectured at numerous conferences and agency meetings to discuss the potential impacts of Proposition 218 to existing and proposed financing districts. We have helped agencies review their existing assessments and fees for compliance with the requirements of Proposition 218, identified changes needed, and assisted in the implementation of those changes. We have prepared notices and ballots for each property owner and tabulated the ballots as they were returned. Our staff has also prepared effective public information programs to educate property owners about various financing issues and has worked with taxpayer groups. IViello-Roos Community Facilities Districts We have served as special tax consultants and district engineers for the formation of Mello-Roos Community Facilities Districts with a total bonding capacity of over $300 million. Funds from these districts have been used to construct major public works facilities and on-site public improvements associated with new development and school facilities. As special tax consultants, we have developed the special tax formulas, prepared the special tax reports, and continue to administer many of the districts on an annual basis. " Denefit Assessment Districts We have extensive experience in securing financing for the construction and/or acquisition of public improvements formed under the Municipal Improvement Act of 1913 and bonded under the Improvement Bond Act of 1915. Our staff has served as assessment engineers for the formation of districts ranging in size from several thousand dollars to almost $540 million. As assessment engineers, we have provided all services required under the Act including determining the methodology to be used in apportioning costs, preparation of the engineer's reports and diagrams, participating in public hearings, and preparation of reapportionment reports. In addition, we are frequently retained by our clients to conduct construction cost audits for the acquisition of completed improvements. ''~r~~ ~/~/ Assessment District Administration Proposed Project Team Berryman & Hen/gar has established itself as a leader in providing financial engineering and management consulting services based upon the knowledge and expertise of our staff. The professional staff in the firm's Management & Finance Division are dedicated to working with local agencies to identify financing mechanisms, assist in the formation of al types of special financing districts, and provide on-going administrative support. Our key project team members for this project will work from our Pleasanton office. These key project team members are: Dennis Klinge~hofer Pti nc ipal-i r~-C harge Mr. Klingelhofer is a Senior Vice President with extensive experience in public finance and. special assessment procedures and has provided consulting services to public agencies for the formation of Public Finance Districts throughout California. These districts include the Municipal Improvement Act of 1913, the Landscaping and Lighting Act of 1972, the Benefit Assessment Act of 1982, Mello-Roos Community Facilities districts, Fire Suppression Assessments, and Special Tax districts for police and fire services. Mr. Klingelhofer also has extensive knowledge of the impacts of Proposition 218, and subsequent clarifying legislation of SB 919 (the Proposition 218 Omnibus Implementation Act). He has also worked with a variety of agencies to identify financing alternatives, evaluate the feasibility of forming special districts, and prepared the necessary documents/reports required for district formation. In addition to being the Principal-in-Charge for this project, Mr. Klingelhofer will actively provide quality assurance/quality control throughout the project. Amy Roblyer Project ~lanager Ms. Roblyer has over ten years of public finance experience and has served as Project Manager for many Special Assessment proceedings working with public agencies in both California and Nevada. Ms. Roblyer is responsible for the preparation of Engineer's Reports, including the assessment method computation, cost estimate, parcel data integrity, and assessment diagrams. As Project Manager of AnnuaJ Administrative Services, she is n charge of budget preparation, database management, parcel research, bond fund tracking, delinquency and foreclosure tracking, property owner inquiries and client meetings. Her duties include database research and development, parcel research, assessment diagram preparation, the mailing of legal notices to property owners, ballot tabulation, and coordination with the Assessor's offices and Auditor-Controller's offices. She also administers the noticing and balloting procedures required under Proposition 218. Ms. Roblyer will be the City's primary point of contact and will be dedicated to the project throughout its duration. Lawrence G. Chart Project Analyst Mr. Chan is a Financial Analyst with experience in the annual renewal and formation of numerous Public Finance Districts, including 1913 Improvement Act Districts, 1972 Landscape & Lighting Act Districts, Fire Suppression Assessments, Mello-Roos Community Facilities Districts, and Special Fee and Tax Districts. His duties include database research and development, ballot tabulation, and coordination with the Assessor's offices and Auditor-Controller's offices. Mr. Chan also participates in ~,,~\\~ . ~,,., Preparation of Eng[r~eer~s Report and ',~~ Assessmen~ D~s~dct Adm~n~s~rat~ assessment district reappo~ionment and development fee calculations, and the preparation of Assessment Diagrams and Bounda~ Maps. W[~J[am Ash ParceJ ~esearch William will be available to comolete any updates to the assessment diagram that may be required, to research information from assessor parcel maps and to perform field verifications of pamel data as needed in administering the districts for the City. Andy Le Database ~aintena~ce Andy Le has e~ensive database expenence and will assist other team members in the development of the parcel database, which will be used for this project. Mr. Le will also be responsible for the ~mpo~ation of parcel data in to the user interlace software that will be provided to the City to allow City staff to quickly and easily view assessment and specia tax data on any parcel within the City. The related experience and availability of our project team members is summarized in the experience matrix shown below. Resumes for each team member have also been included for your review earlier in this section. Dennis Klingelhofer, P.E. Amy Roblyer ect Lawrence Chan Financial William Ash Parcel Research Andy Le Su Dennis K)~nge)hofer, Pr~nc~pa)-]~-Oharge Mr. Klingelhofer has over twenty-five years of experience providing management consulting se~ices to both public and private agencies. As a registered professional engineer, Mr. Klingelhofer has performed and M.S. ~n Engineenng directed numerous management consulting projects dealing with the fiscal Administration impact of development on communities and analyzing the cost of se~ices, George Washington Un iversity and has conducted evaluations of the impact of organizational changes on local government under the Co,ese/Knox Act. He has also been B.S. CivilEng~neering responsible for the development of policies and procedures for work planning University of and scheduling, resource allocation, project administration and project Massachusetts management, and has provided project management se~ices on large multi- disciptinaw projects. Mr. Klingelhofer has excellent presentation skills and Registrations has extensive experience in conducting public meetings and preparing staff repo~s on complex projects. Registered professional Engineer Mr. Klingelhofer has in-depth knowledge of California's public finance and Arizona ¢ 12676 California ~ 50255 special assessment procedures. He has provided consulting se~ices to Nevada ~ 30610 public agencies for the formation of Public Finance Districts including 1913 Virginia ff01o798 Improvement Act districts, 1972 Landscaping and Lighting Act districts, Mello-Roos Community Facilities Districts, 1982 Benefit Assessment Act P~ofess~ona~ Affi~)adons districts, Fire Suppression Assessment Districts, and Special Tax Districts for police and fire se~ices. He has worked with agencies to identify financing American Public Works alternatives, evaluate the feasibility of forming special districts, and to Association prepare the necessaw documents/repo~s required for district formation. nstitute for Munici ~anagement and Finance Projects Engineering Landscaping and L~ghd~9 ~a~ntenance D~stdcts (1972 Act) · Citywide Street Lighting Maintenance District, Monterey Park, CA · Cit~ide Landscape and Street Lighting Maintenance District, Lake Elsinore, CA · City Landscape & Street Lighting Maintenance District No.1, LaQuinta, CA · Citywide Street Lighting & Landscape Maintenance District, Calimesa, CA · Cit~ide Landscape Maintenance District, Vista, CA · Citywide Street Lighting Maintenance District No. 1, BI,he, CA - Parks Maintenance District, OAega Trails Recreation and Park District, CA · Parks Maintenance District, Valley-Wide Recreation and Park District, CA · Landscape and Street Lighting District, Yucaipa, CA · County Landscape and Lighting District No. 1979-3 (LL-2), Contra Costa County, CA · Open Space District'No. 94-1, Santa Clara County Open Space Authority, CA · Park and Open Space District, County of Sacramento, CA · Citywide Street lighting District, Highland, CA · Cit~ide Landscape and Lighting District, Monterey Park, CA · Cit~ide Landscape and Lighting District, Danville, CA · Park Maintenance District, Livermore Area Recreation & Park District, CA · Park Maintenance District, Hazard Area Recreation District, CA u',~¢~-,= ',' '~P':t ~,~,~,~,~l~l~ ~////,/Preparation of' Engir~eer's Report and ,~¥x.._ ~ ~.¢ Assessment D~strict Adm~n~stratian i~']unici )al Improvement Act of 19t I and 1913 Flood Control Restoration Assessment District No. 96-1, San Joaquin Area Flood Control Agency, Stockton, CA RequezaJBracero Road Assessment District No. 92-1, Encinitas, CA Refunding Districts 83-3, 89-10 & 90-2, Irvine, CA Arroyo Vista Assessment Districts Nos. 90-2 and 93-2, Desert Hot Springs, CA Cottonwood Hills Assessment District No. 93-1, Lake Elsinore, CA Joshua/West Main Street Assessment District No. 90-2, Hesperia, CA South Santa Fe Assessment District No. 86-1, Vista, CA Mission Valley Heights/Friars Road Mission Center Acquisition Assessment, San Diego, CA o Valley Center Sewer Assessment District, County of San Diego, CA ° Assessment District No. 88-2B, Cathedral City, CA ~e~to-Roos Community Facilities Districts (CFD's) ° CFD No. 97-1 (Sunflower Avenue Utility Undergrounding), Costa Mesa, CA ° Summerhill Community Facilities District No. 91-2, Lake Elsinore, CA o North Lake Elsinore Hills Community Facilities District No. 90-3, Lake Elsinore, CA Tuscany Hills Community Facilities District No. 90-2, Lake Elsinore, CA · Scenic Ridge Community Facilities District No. 91-4, Lake Elsinore, CA Hacienda Drive/Buena Vista Creek Community Facilities District No. 90-2, Vista, CA · North County Square Community Facilities District No. 92-1, Vista, CA Assessment District Services per Article XIIlD of the State Constitution (Proposition 2t8) ° Proposition 218 Analysis of the City's Taxes, Assessments and Charges, Indian Wells, CA · Landscape and Lighting District No. 91-1, Indian Wells, CA ° Downtown Parking District, City of Sunnyvale, CA o Citywide Street Lighting District, Concord, CA. · Downtown Landscape Maintenance District, Concord, CA. ° Citywide Street Lighting Maintenance District No. 1983-1, Danville, CA. · Landscape Maintenance District No. 1, Cityof Encinitas, CA ° Districtwide Landscape Maintenance District, Ambrose Recreation and Park District ° Landscape and Lighting District No. (LL-2), Contra Costa County Protective Services Assessments and Taxes · Fire Services Special Tax, County of Los Angeles Fire Department, CA · Fire Suppression Assessment, Rohnert Park, CA ° Fire Suppression Assessment, El Cerrito, CA ° Citywide Fire Suppression Assessment, Indic, CA o Citywide Fire Suppression Assessment, Morgan Hill, CA · Fire Suppression Assessment, Glendale Fire Department, CA Fire Suppression Assessment, Hesperia, CA · Fire Suppression Assessment, North County Fire Protection District, CA ° Fire Suppression Assessment, San Miguel Fire Protection District, CA · Public Safety Assessment District, Petaluma, CA o Feasibility Study Special Police Tax, Lake Elsinore, CA ~ .'~Z' Assessment District Adm~n~strat[en Fee Studies Water Rate Study, City of Brawley, CA Wastewater Rate Study, No~h American Development Bank NPDES Fee Study, Vista, CA Sewer Maintenance and Street Sweeping Fee Study, Pomona, CA Development Impact Fee Study (AB1600), Hesperia, CA School Facility Fee Study (AB1600), Oak Grove School District, CA Public Safety Impact Fee Study (AB1600), Indic, CA Development Impact Fee Study (AB160). Santee, CA Sewer Standby Charge, Beaumont, CA Water Standby Charge, Beaumont-Cherry Valley Water District, CA Water Standby Charge, Three Valleys Municipal Water District, CA Water and Sewer Rate Study. Town of Crystal River, FL Water & Sewer Connection Fee Study, Mammoth County Water District, CA Vector Control Assessment, Contra Costa County Mosquito and Abatement Control District. CA Vector Control Assessment. Shasta Mosquito & Vector Control District, - Costs of Se~ices Study, Coachella Valley Mosquito Control District, CA \~'~.~., ' ~ ,~/.//' Assessment District Administration Amy Robtyer P 'oiect t anage ' As Project Manager, Ms. Roblyer is responsible for preparation of BA Economics. Engineer's Reports, including the assessment method computation, cost Smith College estimate, parcel data integrity, and assessment diagrams, database management, parcel research, bond fund tracking, delinquency and Training foreclosure tracking, payoff computations, property owner inquiries and Special Assessment client meetings. In addition, Ms. Roblyer has performed analysis related to Proceedings, bond capacity, value to lien calculations, and overlapping debt analyses. University of California. Davis Extension Specific Project Experience includes: Mello-Roos and Special 1972 Landscape and Lighting Districts Assessment Financing University of California. · Contra Costa County Mosquito and Vector Control District Davis Extension - Ambrose Parkand Recreation · City of Anaheim, Anaheim Resort Area District Professiona~ Affiliations · City of Concord, Citywide, Downtown, Pinehollow and Kirkwood California Society of · Artesia, Landscape Maintenance District Municipal Finance Officers · City of Baldwin Park, Citywide Lighting Assessment (CSMFO) · City of Calabasas, Landscape and Lighting District Municipal Management e City of Gait, Landscape and Lighting Districts Association of Northern · City of Garden Grove, Lighting Maintenance District, Park Maintenance California (MMANC) District · City of Hawaiian Gardens, Landscape and Lighting District Nos. 1, 4, 6 and 7 · City of Hollister, Citywide Landscape & Lighting ~ City of Livingston, LLD · Cityof Maywood, SLD · City of Ontario Street Lighting and Maintenance District No. 1 · City of Paramount, Landscape & Lighting · City of Pico Rivera, Citywide Landscape and Lighting District ,, City of Placentia, Landscape and Lighting Districts 81-1 and 92-1 · City of San Fernando, Citywide Landscape and Lighting District · City of Santa Fe Springs, Landscape and Lighting District No. 1 · City of Torrance, Citywide Lighting Assessment · City of West Covina, Landscape and Lighting Districts 1,4, 6 and 7 1913/1915 Act Districts Apple Valley County Water District, AD 2A-R, AD 86-1 Apple Valley Heights Community Water District, AD 90-1 Apple Valley Water District, AD 2B, AD 3 Barstow Heights Community Services District, AD 87-1 · Big Bear Municipal Water District, AD 88-1 Cityof Cypress, AD 90-1 o City of Fullerton, Assessment Districts Nos. 92-01 & 95-01 Cityof Garden Grove, AD 90-1 -~-~ . ~'-'j _ . ~.i~_~ i;///,~'}1~"t P~paratian af ~ng[neer"'s ~epart and '~\~'~i'~ ~--~;- Assessment District Administratian · Cit,~of La Canada Flintridge, AD 98-1 City of Lake Elsinore, AD 86-1, AD 87-2, AD 89-1, AD 90-1A ..,,ty u, Norco, AD 195 · City of Ontario, AD Nos. 100A, 100B(R), 100C, 103, 107, 108 City of Orange, AD 86-1, AD 88-1, AD 90-1 · City of Palm Springs, AD 143, AD 146, AD 155, AD 157, AD 158, AD 159 o City of San Clemente, AD 85-1 City of San Jacinto, AD 87-1 Yucaipa Valley Water District, AD 3, AD 5, AD 6, AD 7, AD 8, AD 9, AD 10, AD 11, AD 12, AD 20 MeHo-Roos Districts City of Alameda, CFD 1, CFD 2 City of Colton, CFD 89-1, CFD 89-2, CFD 90-1 o City of Cypress, CFD No. 1 City of Huntington Beach, CFD 1990-1 City of Lake Elsinore, CFD 88-3, CFD 91-2 Newport Mesa Unified School District, CFD 1990-1 · City of Ontario, CFD Nos. 1 & 4 Cityof Oxnard, CFD 88-1 · Rancho Cucamonga Fire Protection District, CFD 1985-1 Rancho Murrieta Community Services District, CFD 1 Saddleback Valley Unified School District, CFD86-1, CFD 88-2, CFD 89-1, CFD 89-2, CFD 89-3, CFD 89-4 · City of San Jacinto, CFD 2 City of Thousand Oaks, CFD 1988-1, CFD 1994-1, CFD 1997-1 · City of Union City, CFD No. 96-1 Other Annual Maintenance Districts East Bay Regional Park District · Sacramento Library Specia LibraryTax - Santa Clara Open Space ~,~,~:,,~D~,,.~),~: Preparadon of Engineer's Repo~ arid '~,-.~.~?' Assessment District AdministratiOn Lawrence G. Chart, E.LT= Project Analyst Mr. Chan has managed all aspects of asset management and public finance projects including the annual administration and formation of numerous public finance districts, including 1913 Municipal Improvement Act Districts, Bachelor of Science, 1972 Landscape and Lighting Act Districts, Mello-Roos Community Facilities Environmental Economics Districts and Special Fee Districts; user fee and utility rate studies; and Policy reimbursement and acquisition audits pertaining to infrastructure acquisi.tion; University of California, network segmentation, infrastructure'asset inventory, distress data Berketey collection, database development, and Geographic Information Systems Reqistmtio~s (GIS). Engineer-in-Training Landscape and Lighting Act of 1972 California, #108909 * Ambrose Recreation and Park District, Assessment District Trai~in~ o Arden Manor Recreation and Park District, Landscape Maintenance District 95-1 Assessment District ° City of Brentwood, Landscape and Lighting District No. 94-1 Financing University of California, o City of Brentwood, Landscape and Lighting District No. 95-2 Davis Extension o City of Brentwo°d, Landscape and Lighting District.No. 95-6 ° City of Brentwood, Landscape and Lighting District No. 95-7 Mello-Roos Financing University of California, o City of Brentwood Landscape and Lighting District No. 95-8 Davis Extension o City of Brentwood Landscape and Lighting District No. 97-1 o City of Brentwood Landscape and Lighting District No. 97-2 Profession~i Affiliations o City of Brentwood Landscape and Lighting District No. 97-3 American Public Works o City of BrentWood Landscape and Lighting District No. 98-3 Association o City of Brentwood Landscape and Lighting District No. 98-4 o City of Brentwood Landscape and Lighting District No. 98-5 Maintenance Superintendents ° City of Clovis, Landscape Maintenance District No. 1 Association ° City of Concord, Citywide Street Lighting District ~ City of Concord, DowntOwn Landscape Maintenance District Bay Area Automated o City of Concord, Landscape and Lighting District No. 3 Mapping Association o City of Concord, Pine Hollow Landscape Maintenance District o Town of Danville, Street Lighting and Landscaping Assessment District No.1983-1 o City of Perris, Community Park Maintenance District o City of Santee, Town Center Landscape Maintenance District Feasibility/Rate Studies ° City of Anderson, Water and Sewer Rate Study ° City of Chula Vista, Olympic Parkway Feasibility Study o Contra Costa COunty Flood Control Agency, Assessment District Feasibility Study IVlaintenance District Services per Article XHID of the State Constitution (Prop. 218) o City of Ontario, Parkway Maintenance District No; 4 o City of Ontario, Street Lighting Maintenance District No. 2 ° CoUnty of San Joaquin; Zone 2 Water Assessment ~.~¢// Assessment D~stdct Administration ~ello-Roos Community Facilities Districts City of Lake Elsinore, CFD 88-3 (West Lake Elsinore) City of Lake Elsinore, CFD 90-2 (Tuscany Hills) City of Lake Elsinore, CFD 90-3 (North Lake Elsinore Hills) City of Lake Elsinore, CFD 91-2 (Summerhill) City of Lake Elsinore, CFD 95-1 (City Center) City of San Clemente, CFD 99-1 (Plaza Pacifica) ~losquito and Vector Abatement Districts Contra Costa County Mosquito and Vector Control District, Mosquito and Vector Control Assessment District Northwest Mosquito and Vector Control District, Vector Control Fee District Bunicipal ~mprovement Act of 1913 City of Chula Vista Reassessment District AD 85-2, 86-1, 87-1, 88-2 City of Chula Vista Assessment District No. 88-1 City of Chula Vista Assessment District No. 90-1 City of Chula Vista Assessment District No. 90-2 City of Chula Vista Assessment District No. 90-3 City of Chula Vista Assessment District No. 91-1 City of Chula Vista Assessment District No. 94-1 City of Merced, Liberty Park District City of Merced, North Merced Sewer Improvement District ~'~,,['.,,~,~~)1,*.'-'["';"~ '"~'--~ ' .... .... Preparation of ~r~gineer's Report and '~,.r:,.)?~_;;~,~.~.~.¢,~¢'~¢/-// Assessment District Admin~stratio~ Andy L9 Dst~b~se DeYe~oper Mr. Le has over four years of experience in database administration and development. He is experienced in many aspects of public administration and finance under the 1913 Municipal Improvement Act, the 1972 Bachelor of Arts, Landscaping and Lighting Act, Special Fee Districts, Special Tax Districts, Management Information and in noticing and balloting procedures required under Proposition 218. He Systems is responsible for district database development and programming, parcel California State University, research, district inventory analysis, quality review, budget analysis, and FuIlerton engineer and auditor report preparation. Assessment District Services Per Article XIIiD of the State Constitutio~ MS Access 97/2000 (Proposition 218} DB Management Systems · Street Lighting and Landscaping Maintenance District, Pomona, CA · Utility Undergrounding Assessment District 97-1 (Myrtle Avenue), Visual Basic 5.0/6.0 Hermosa Beach, CA · Utility Undergrounding Assessment District 97-2 (Loma Drive), Oracle Hermosa Beach, CA SQL aha PL/SQL ~ Utility Undergrounding Assessment District 99-1, San Clemente, CA Programming Street Lighting and Landscape Maintenance Districts Citywide Landscaping and Lighting Maintenance Districts, Baldwin Park, CA Citywide Park Maintenance District, Baldwin Park, CA · Landscaping, Lighting, and Park Maintenance District, Irvine, CA Lighting and Landscape Maintenance District, Pomona, CA · Lighting and Landscape Maintenance District, South Gate, CA · Lighting and Landscape Maintenance District, South Pasadena, CA · Citywide No. 4, No. 6, and No. 7 Maintenance Districts, West Covina, CA · Citywide Lighting and LandScape Maintenance District, Yorba Linda, CA Special Fee Districts · Sewer Maintenance District, Annual Auditor's Report, Yorba Linda, CA · Sewer Service Charge, Audit and Annual Administration, West Covina, CA Special Tax Districts · Library Services Special Tax, County of Los Angeles Public Library, CA · Library Services Special Tax, South Pasadena, CA o Special Tax Administration, Pasadena, CA Special Project Noticing and Balloting · Agua Mansa Specific Area Public Facilities Plan, Rialto, CA W~l~am J. Ash Parce~ ~esearch Mr. Ash is an experienced field operations technician pedorming infrastructure asset inventories and pavement sudace distress data Completed collection. He has expe~ise with Microsoft software programs such as Excel and Word, drafting programs, such as AutoCAD, as well as asset MTC Surface Distress Survey Procedures for AC management programs, such as MTC PMS. Pavemems Mr. Ash has been a field technician for several pavement management projects with Berryman & Henigar. For these projects, his responsibilities include: Pedorming field data collection Assessing pavement condition Processing data for public infrastructure projects Linking the PMS database to GIS Assisting with the development of Pavement Management Programs Mr. Ash has pefiormed these functions for several Asset Management Programs including: Pavement Distress Survey County of Alameda Development of a Citywide Pavement ~anagement Program C~ty of Union C~ty Development of a S~gn Inventory City of Union City P~paratio, n ~f E~gineeCs Report Assessment ©istrict Administration Project Understandi,q9 and Approach The scope of services for this project requires an Assessment Engineering/Special Tax Consulting firm to prepare the annual Engineer's Reports and provide assessment engineering services for the administration of the City's (5) 1972 Act Landscape and Lighting Districts and (2) fee districts. Project Approach Our approach to providing Assessment Engineering services for the administration of the City's Landscape and Lighting District will emphasize close and continuous coordination with the City's project team during each phase of the project. Amy Roblyer will serve as our daily point-of-contact to City staff to answer all questions and provide documentation immediately when requested. Our proximity to the City of Dublin (less than two miles) will facilitate this interaction. Our project team has extensive experience in District formation and annual administration proceedings with the Landscaping and Lighting Act of 1972, 1911 Act, and Article XllID of the California Constitution. Their knowledge and experience on similar projects will ensure the City that all work is completed in accordance with all statutory requirements and within the timeframes required by the City. With the commitment of our local staff to this project, we will easily meet the Alameda County Auditor- Controller's deadline for assessment submittals and corrections. Our capabilities include: Understanding of the City's Landscape and Lighting District and the current assessment methodology, including fand use and development issues based upon a thorough review of the Engineer's report for each district. Ability to Ensure Accurate and Up-To-Date Assessment Database for the City's Landscape and Lighting District, incorporating Alameda County Assessor's Information based on over 20 years of experience in district administration services. Local, In-House Capability to deliver the Assessment Roll to the Alameda County Auditor/Controller in the format they require. Availability of our Pleasanton based Project Manager to assist the City with Year-Round Project Coordination, including meetings and/or field review to discuss the zone budgets, assessment levy, property owner inquiries, and new legislation affecting the Districts or any other issues related to the Districts. ~?/~' Assessment District Administration Kick-Off Meeting . Meeting Minutes to be Meet with C~ty staff to review expectations of the project, distributed w~th 24 hours of and develop action plan ~or the admMistration of the afl meetings disfr~cts. . Email distribut~o~ ~ists for Project Schedule , documents Prepare detai]ed project schedule which ide~tifies at~ . Detailed ProjecfSchedule deliverables and meetMg dates based ~pon statutory " Recommended solutions for requirements and City timefines ~or pr~sratio~ of City resolving key issues Council agenda packets, project Progress Meetings Our Pr~iecf Mansger will meet with C~ty staff to review schedules and provide staff with a clear understanding of project status on a regular basis. Meetings will scheduled as required to provide for effective Mteraction with City st~ff or stakeholders as required based upon the goals for the project. ~esolution of Key Issues Our Project Manager will bring to the attention of the City key issues that may impact the project schedule. We will provide the C~ty with recommended strategies for resolving these issues consistent with statutory requirements including Proposition 218 and the need to keep the project on schedule. Update Parcel Database . Parcel database for each Obtain prior year databases from City's consultant and district in MS Excel or A$C ti verify completeness of data based upon prior years format on CD rom. assessment roll. Update p~rce! database for each = Linkage befweenparcei district to reflect all changes to property ownership, databases and assessor mailing address, benefit units, and other parcel attributes parcel maps that may impact the levy of assessments or information . User interface for use by needed to provide notices to the property owner. Each City staff to access parcel databases will be verified against the parcel change data. and assessment data in a developed in Task D above. The parcel databases wilt be "user-friendly" environment. updated annually durin~ the assessment cycle. Afl data , Annual update of all parcel shall remain the property of the City. data during annua~ Assessor Parcel Maps assessment cycle, The database will also include the abirity fo store and access assessor parcel maps in a "point-n-crick" environment. User Interface Provide user interface that will allow City staff to pull up assessment data in a "user-friendly' environment that based upon owner name, street address or APN. Install and train City staff as required. Annuai Budget Analysis = Recommended annual AsSist City Staff in development of an annual budget for budget for each district each district based upon prior years costs, projected . Provide recommended changes in costs as a result of changes in budget format for improvements, anticipated reserve or capital presentation cf annual replacement needs, reserve requirements, anticipated budgets deEnq~ency rat~s and ether factors that may impact the · Historical comparison of financial needs of the d~str~ct. Provide preliminary actual versus project costs analysis of assessment rate per benefit unit to determine and revenues ~or each if the budget ~s within Proposition 2~8 requirements, district Identify any contributions that may be required as a . Projection of future resuit of general benefit or to provide a balanced budgeL revenues and cost including Historical comparisons impact of projected parcel Provide historical cost trend analys~s for costs and changes for S, ~Oand revenues by type of expenditure, year horizon. Financial Forecast Projection of costs vs. revenues for each district for 5, ~0 and ~5 years, identify revenue impacts of projected changes to parcel database or expenditures associated with additional new facilities or extraordinary expenditures. Highfight where projected revenues will be less than projected costs and provide City with recommended strategy and timeline to provide a Meet with City Staff · Coordinate project team Review parcel data, budget analysis and statutory meetings requirements with City staff for each district. Present ~ Recommend pubfic meeting recommended strategy for meeting City objectives and and public hearing dates update timetable as required; include public meeting and , Draft notices, ballots and public hearing dates for each district, related property owner Prepare draft notices information as requested by Prepare draft of property owner notices, published notice City and property owner ballots as required. Meet with City = Recommended long term staff to review and incorporate any City requested financial strategyforeach changes. Coordinate printing and mailing of notices as district. requested by City. Long term strategies Present recommendations for the continued fiscal stability of each district and review with City staff and stake-holders. We will prepare drafts of required staff reports, [] Legal Notices, staff reports resolutions and notices required for the levy of the a~rd Resolutions assessments and review with City Staff, Registered Civil Engineer for each of the !972 Act each 1972ActDistrict Districts and will contain a# of the required information = Preliminary Assessment pursuant to the Streets and Highway Code. Update Roles assessment diagram as needed for each district. The . Updated Assessment current report format writ be reviewed and Diagrams recommendations presented to the City to improve the clarity of the report. We will submit a draft of each of the Preliminary Engineer's Report to City staff for review and comment. All revisions will be made and the report will be finalized for approval by the City Council. Printing of Mailing Labels · Mailing labeis and/or The parcel database will contain macros which will allow printed notices per City the printing of mailing labels and mail merges associated specifications or proof cf with providing the required notice to property owners mailing should the City regarding any proposed increase in assessment or desire B&H to mail. special meeting. This wiil include the ability to include current and proposed assessment amounts and parcel data. The labels and/or notices will be prepared and delivered to the City in sufficient time for mailing or if the City desires marled by B&H staff. If necessary we will prepare property owner ballots in = Property Owner Ballots accordance with the requirements of Proposition 218. = Coordination of Review with City staff and legal counsel At a minimum, Mailing/Publishing the notice and ballot will include: ,/ The proposed assessment to be levied on the parcel and its duration; ~/ The totai assessment to be collected from all parcels; The basis upon which the amount of the proposed assessment wi//be calculated for each parcel; The phone number and address of whom the property owner can contact to receive additional information about the assessment; v~ The date, time, and location of the public hearing to be held regarding the proposed assessment; v A statement to advise the property owner that if a majority protest is presented, then the assessment will not be imposed; (Continued) An explanation of how the harlot should be completed and returned for tabulation; ¢' Information to the property owner of the phone number they can cae if they need assistance with language translation; and v~ Ba#ot instructions to satisfaction of legal counsel. Coordinate mailing'or publishing of notices/ballots with City. Clerk as b = Attend Our Project Manager will attend all City Council and property owner meetings Meetings including each Public Hearing to authorize the levy of the assessment and = Draft. Staff will be available to present the report or answer questions as requested. Reports Prepare staff reports and other information as requested by Agency, . Presentation Materials Meet with the City Clerk to review the tabulation process and a detailed · Ballot procedure for the receipt and handling of the ballots as they are returned to Tabulation the City. In generai, it is expected that Berryman & Henigar will sort and Procedures tabulate the ballots by scanning the bar code on each ballot at the City = Replacement Clerk's Office so the ballots remain in the City's possession at all times. As Ballots the ballots are tabulated, reports showing the total ballots returned (by APN), . Ballot response and other information desired by the City would be provided. This Tabulation process will ensure a complete audit trail exists to guarantee the accuracy of Report by the ballot tabulation process. District If requested, we will prepare and mail replacement ballots to property owners. These ballots will be color-coded to distinguish them from the original ballots to ensure no double counting. We will analyze the ballots returned undeliverable and will decipher why they were returned. We will correct the malting address, if known, and re-mail to the property owner. [] Final Submit Final Engineer's Report for each 1972 Act District to. reflect any Engineer's comments received from Agency staff prior to Public Hearing for each Reports District. [] Final/Final Incorporate any changes required following City Council Pubic Hearing for Engineer's each District Reports ~ We will prepare the assessment roll for each District in = Special Assessment Levy accordance with the methodology stated in the 'Roll (magnetic medium) Engineer's Reports. A draft of the assessment rolls will = Cover Memo to County be reviewed with City staff prior to submittal to the including legend no. and $olano County Auditor-Controller. Once appro~,ed by description, total char£es ~ City staff the assessment roll will be submitted in the submitted (no, and :, required format to the County of Alameda for inclusion amount) and contact tel. on the property tax roll. With the roll we will include a no, certified copy of City Council Resolutions authorizing , Listing of utility parcels (if the placement of the special assessment on the County any) tax roll. We wilt make all necessary corrections and = Final Levy Report (3 adjustments as required by the County copies) A uditor/Controller, , Provide 800 telephone number which will be answered ~ Toll free phone number by knowledgeable staff during working hours ~ Log of calls received and = We will assist the City in researching and resolving responses property owner inquiries regarding their assessment. , Draft Response letters Where requested we will draft letters to respond to property owners or provide other services as required to resolve each citizen inquiry · File adjustments to assessments when requested by the City RESPONSIBILITIES OF THE AGENCY · Designate a responsible official to manage and coordinate the project(s); · Make available to Consultant database containing prior year assessments and parcel characteristics used to calculate the assessments; ° Provide information for updating district budgets including proposed operation, maintenance and administrative budgets for the district renewal for FY 2003-04; ° Retain qualified legal counsel to provide legal advice and approval of notices during the district process; o Schedule, administer, and accomplish the publishing of notices of the hearing in accordance with the Street and Highways Code and the California Government Code sections; i.e., newspapers, posting, etc.; · Schedule and agendize Board meetings and hearings as required under the Act; · Provide stationary, envelopes and postage for any and all mailings; and, Respond to and turn around draft reports and submittals in a timely manner. A preliminary project schedule is shown below. Prior to the start of the project, we will meet with City staff to review this schedule and to establish specific dates for each submittal. Our Project Manager will be available to meet with City staff as needed to review on-going work tasks and project status. Project Experience and Client References Berryman & Henigafs Management ane Finance Division ~s proud of the reputation it has earned for providing high quality consulting se~ices to our clients. Our staff understands the impo~ance of working closely with all members of the project team to ensure the work ~s completed on schedule and meets the individual needs of its client. For your reference; we have included the following list of recent clients and projects that we have worked on. We encourage you to call them and hear firsthand their experience n working with Ber~man & Heniga/s Management and Finance staff members. Ambrose Recreation & Park District Ambrose Parks Assessment Contact: Ms. Patti J. Lambe~ General Manager (925) 458-1601 Ber~man & Henigar formed the Ambrose Parks Assessment District to ensure a funding source to operate and maintain park improvements located within the Community of Bay Point. The District is comprised of approximately 5,000 parcels and generates $215,000 annually. Ber~man & Henigaralso assists the District with the preparation of the Engineer's Repo~ and assessment roll each fiscal year. City of Concord Cit~ide Street Lighting District Downtown Landscape Maintenance District Pine Hollow Landscape & Lighting Landscape & Lighting No. 3 Contact: Mr. Michael Vogan Public Works Director (925) 671-3231 Ber~man & Henigar is currently se~ing as the Assessment Engineer for the City of Concord's four (4) assessment districts. At the City's request, each of the districts were examined for compliance with Proposition 218. The Citywide Street Lighting District encompasses all of the parcels within the City limits (32,000 parcels) and generates approximately $1 million annually for the operation, maintenance and se~icing of the public street lighting facilities located within the public right-of-way. The Downtown Landscape Maintenance District (approximately 750 parcels) generates $206,000 annually to provide for beautifying the downtown medians and roadside areas and enhance the business oppo~unities in the Downtown area. We recommended that both of these districts be revalidated through the noticing and balloting process required by Proposition 218. Ber~man & Henigar prepared the Engineer's Repo~, assisted with the preparation and mailing of the notices and ballots, performed the ballot tabulation and assisted in repoKing the results to the City Council. We also provided a propeAy owner inquiry ~\'~ .~t~-~ .F//.~ Assessment District Administration assistance 'hot-line' for prope~y owner questions. After a greater than 80% prope~y owner approval Ber~man ~ Henigarprepared the annual levy of assessments for the prope~y tax bills. The two other districts within the City of Concord are smaller Landscape and Lighting Districts (approximately 500 parcels each) that generate $90,000 in revenue annually for the continued operation and maintenance of street lighting and landscaping within the Pine Hollow and Kirkwood Subdivisions. These two districts were previously formed by approval of the prope~y owners and, therefore, did not require revalidation pursuant to Proposition 218. Ber~man ~ Hen/gar prepared the annual Engineer's Repo~s and the annual levy of assessments on the prope~y tax bills. Contra Costa ~losqu~to and Vector Control D~stdct Assessment and A~nua~ Auditor's Report Contact: Mr. Ray Waletzko General Manager (925) 685-9301 x 101 Ber~man & Hen/gar is currently se~ing as the Assessment Engineer for the Contra Costa Mosquito and Vector Control District and is responsible for preparing the annual Assessment Collection Repo~ for the Contra Costa Mosquito and Vector Control District. The District evies an assessment, totaling $1.2 million, on the County tax roll for rodent and vector control se~ices provided by the District to approximately 300,000 parcels. Ber~man & Hen/gar a so assisted the District in the formation of the benefit assessment district several years ago. C~ty of Rohnert Park F~re Suppression Assessment & Needs Analys~s Contact: Ms. Sandra Lipitz Finance Director (707) 585-6718 Ber~man & Hen/gar pedormed a review of fire se~ice needs within the City of Rohne~ Park and benchmarked the City's fire se~ices against similar cities in order to recommend staffing levels and locations for fire stations. This study was intended to provide information to City staff and elected officials thereby assisting them in determining if additional resources are needed to provide adequate levels of fire protection so.ices to the community. The study also identified various alternatives that would provide a timely and proper response to emergency calls throughout the City. Ber~man & Hen/gar then assisted the City with the formation of the Citywide Fire Suppression Assessment District. Ber~man & Henigarwas responsible for developing the assessment methodology that distributes the cost for providing the fire suppression so.ices to the benefiting parcels. The methodology utilized land use and parcel size to allocate benefit to the parcels. The City generates $380,000 annually from approximately 10,700 parcels. EXHIBIT B COMPENSATION SCHEDULE As per fee proposal dated January 6, 2003, and supplemental document dated January 21, 2003, regarding Dublin Boulevard Extension Assessment District. Not to exceed $20,000 per year. Consulting Services Agreement between February 18, 2003 City of Dublin and Berryman & Henigar--Exhibit B, Page 1 of 1 January 6, 2003 Ms. Ginger Russell Administrative Analyst City of Dublin Public Works Department 100 Civic Plaza Dublin, CA 94568 Subject: Fee Proposal for the Preparation of Engineer's Report and Assessment District Administration Dear Ginger: The table below itemizes our fee proposal, which is broken down for each Assessment District/Fee District. We understand that this breakdown is for cost allocation purposes only and that you intend to award the work to a single firm. We have also included our fee for the optional services identified in the City's Request for Proposals. FEE PROPOSAL City of Dublin PREPARATION OF ENGINEER'S REPORT AND ASSESSMENT DISTRICT ADMINISTRATION AND PREPARATION OF TAX ROLL LEVIES FOR FISCAL YEAR 2003-04 Citywide Street Lighting Maintenance Assessment District 83-1 $6,000 Landscaping and Lighting Assessment District 83-2, Stagecoach Road $1,000 Landscaping and Lighting Assessment Annual Assessment District 86-1, Dougherty Road $1,000 Levy Landscaping and Lighting Assessment District 97-1, Santa Rita Area $1,000 Dublin Ranch Street Lighting Maintenance Assessment District 99-1 $2,500 Citywide Refuse Collection $2,500 Citywide EMS Fee $2,500 TOTAL FEE $16,500 Mailing Newsletter/Legal Notices to the Three Postage costs billed at cost in addition to Landscape Districts fee $250 Taxpayer Point of Contact Services No Additional Charge $0 6150 Stoneridge Mall Road, Suite 370 · Pleasanton, CA 94588 · (925) 468-7400 · Fax (925) 468-7413 ·www.bhiinc.com An Equal Opportunity Employer January 21,2003 Ms. Ginger Russell Administrative Analyst City of Dublin, Public Works Department 100 Civic Plaza Dublin, CA 94568 Subject: Assessment District Administration for the City of Dublin Assessment District 91- 1 (Dublin Boulevard Extension) Dear Ms. Russell: Per our conversation earlier this week it is our understanding that the City of Dublin would like to receive a proposal for the assessment district administration of the City of Dublin Assessment District 91-1 (Dublin Boulevard Extension). The following is a proposed scope of work and fee that Berryman & Henigar would like to propose to the City for the above mentioned work. It is our understanding that the work will be done by the same firm selected to do the administration of the City's Landscape and Lighting Districts. We propose the same project manager, Ms. Amy Roblyer, to manage this work in addition to serving as project manager for the Landscape and Lighting Districts. Ms. Roblyer is uniquely qualified to handled the proposed projects as she has extensive experience with bonded 1913/1915 Act Districts, as well as, the 1972 Act Landscape and Lighting Districts. She has over 10 years of experience working with public agencies and in that time has administered over 45 1913/1915 Act Districts. We look forward to meeting with you on Friday and if you have any questions in the mean time, please call me at (925) 468-7400. Sincerely, BERRYMAN & HENIGAR, INC. KDK/ar 6150 Stoneridge Mall Road, Suite 370, Pleasanton, California 94588 (925)468-7400 ~ Fax(925)468-7413 ~ www.bhiinc.com An Equal Oj~portunity Employer M's. Ginger Russell January 21,2003 Page 2 Proposed Scope of Services City of Dublin Assessment District No. 91-1 (Dublin Boulevard Extension) 1. Provide assessment installment information for each parcel, formatted in the required configuration on nine-track magnetic tape or other media, to the County Auditor- Controller's Office for placement on the property tax roll. 2. Research and resubmit installment amounts that are rejected by the County Auditor- Controller's Office. Any assessment installment that cannot be collected on the County property tax roll will be invoiced directly to the property owner of record on behalf of the City. 3. Provide a toll-free number to field inquiries from property owners, City Staff and other interested parties regarding assessment proceedings and annual installments. 4. Provide prepayment quotes of assessment liens for property owners upon request; there is no charge to property owners and/or the City of Dublin. Berryman & Henigar will obtain recordation information for prepaid assessments and coordinate the Release of Lien. 5. Perform all required bond call spreads and coordinate the early redemption of outstanding bonds. 6. Monitor delinquent installment payments in January and May of each year and provide reports identifying all delinquent parcels and the corresponding delinquent installment amounts. 7. Provide a report to the County Assessor's office each year as required by Revenue and Taxation Code 163. The report will include a listing of each active parcel contained in each assessment district, the remaining assessment amount, and the owner of each parcel based on the County Secured Roll. Additional information will be provided for parcels that paid off their assessment during the year and will include the date and amount paid, and if available the party paying off the assessment. This information will be sent electronically and in hard copy format to the County in January of each year. 8. Prepare a report containing district summary information; what was applied to the roll for each parcel, broken down by principal, interest, administration and adjustments; fund analysis; delinquency summary information; value-to-lien ratios; current debt service and amortization schedules; and bond call summary. Optional Services The following services are optional and are available on an as needed basis at the discretion of the City of Dublin Staff. Assessment Apportionment 1. Provide apportionment application forms with simple step-by-step instructions for both the City of Dublin's counter person and the property owner. 2. Calculate the amended assessments according to the original method of spread. 3. Send required notification via certified mail. Berryman & Henigar, Inc. Ms. Ginger Russell Januaxy 21, 2003 Page 3 4. Prepare all necessary resolutions, certifications and other documentation related to the apportionment process. 5. Prepare an Amended Assessment Diagram and Notice of Amended Assessment. 6. Record both the Notice of Amended Assessment and the Amended Assessment Diagram at the County Recorder's Office. We will provide a conformed copy of the Diagram and Notice together with a comprehensive apportionment report. Annual Report Although probably not required; should the City consider refinancing the District, Berryman & Henigar is capable of providing disclosure services. The following is a scope of work to accomplish the necessary disclosure work: 1. Obtain copy of the audited financial statements for the assessment district and other pertinent data from the City. 2. Prepare the annual report for the District which shall include the following (unless otherwise stated all information will be as of the September 30 next preceding the Annual Report Date as obtained from the City or the Alameda County Assessor): a. The principal amount of Bonds Outstanding. b. The balance in the Reserve Fund, and a statement of the Reserve Requirement, and a statement reflecting the deposits to and withdrawals from the Reserve Fund during the one-year period ending on such September 30. c. The total assessed value of each of the parcels within the District on which assessments are levied, and a statement of assessed value-to-lien ratios. d. The delinquency rate for all parcels within the District; the number of parcels within the District which are delinquent in payment of assessments; the amount of each delinquency (on both an annual and a cumulative basis); the length of time delinquent and the date on which foreclosure was commenced, or similar information pertaining to delinquencies deemed appropriate by the City. e. The status of foreclosure proceedings for any parcels within the District and a summary of the results of any foreclosure sales as of the September 30 next preceding the Annual Report Date. f. The identity of any property owner representing more than five percent (5%) of the assessment levy delinquent in payment of assessments. g. A land ownership summary listing property owners responsible for more than five percent (5%) of the assessment levy. h. The number of parcel splits within the District during the year. 3. Submit four (4) copies of the draft report to the City for review and approval. 4. Incorporate any changes requested to the report and provide six (6) copies of the Annual Report to the City by October 31 st each year. Berryman & Henigar, Inc. Ms. Ginger Russell January 21, 2003 Page 4 Fees for Services City of Dublin Assessment District No. 91-1 (Dublin Boulevard Extension) To complete the above mentioned Scope of Services Berryman & Henigar proposes an annual fee of $1,200'. *It is our understanding that the District is currently comprised of 12 parcels. If there are more parcels our fees may be changed accordingly. The following fees are for the optional services described in the Scope of Services section above, which shall be provided at the discretion of the City. Optional Services Apportionment and Amended Assessment Diagram (This fee is paid by the property owner) Parcel Map (4 parcels or less)* $ 750 Tract/Subdivision Map (5 parcels or more)* $1,000 Plus Per-Parcel fee of $ 25 Annual Report Our fee for the preparation of the Annual Report as described above would be five hundred dollars ($500.00) per year. The first report would be submitted October 31, 2003. Berryman & Henigar, Inc.