HomeMy WebLinkAboutID# 14-519 Approve Alber A. Webb Associates Prof Serv Agreement for Special Tax Adm Formation, Annexation, & Administration for CFD 2015-2 (Maint Serv)REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT YATES
CITY MANAGER
DATE: APRIL 14, 2015
SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH ALBERT
A. WEBB ASSOCIATES FOR SPECIAL TAX ADMINISTRATION
SERVICES — FORMATION, ANNEXATION AND ADMINISTRATION
FOR CFD NO. 2015 -2 (MAINTENANCE SERVICES)
Recommendation
1. Approve Professional Services Agreement with Albert A. Webb Associates
for special tax administration services and authorize the Mayor or City
Manager to execute the Agreement in such final form as approved by the
City Attorney.
Background
Albert A. Webb Associates provides the City with assessment district and CFD
administration, including preparation of annual reports, delinquency management,
calculation of assessment and special taxes, submittal of assessments and special
taxes to the County for placement on the property tax roll, handling of all public inquires
related to the CFDs, and preparation of required documents for annexation into an
existing CFD.
In May 2014, City staff consolidated all services for LLMD, AD, and CFD administration
with Albert A. Webb Associates ( "Webb "), including handling public inquiries for all
districts. As an engineering firm focused primarily in Riverside County Webb has the
expertise and resources to fully support the City's growth and as the administrator for
surrounding jurisdictions such as City of Wildomar, City of Menifee, City of Temecula,
Eastern Municipal Water District, County of Riverside, and Riverside County Flood
Control, Webb has a complete repository of data including a direct connection to the
County Auditor's taxing system that will insure complete accuracy in levying the special
assessments /taxes on the County tax rolls.
Professional Services Agreement
April 14, 2015
Page 2
Discussion
City staff would like to update the LLMD NO. 1 rates and create a CFD for maintenance
services to ensure that projects conditioned to pay their fair share of lighting,
landscaping, park maintenance, drainage, and open space maintenance have the ability
to satisfy that condition by annexing into an existing CFD for such services.
Fiscal Impact
Fees for the services to be provided would be paid as part of the bond and special
district resources set aside for administration and will be initially funded by a developer.
Accordingly, there is no impact to the City's General Fund. The proposed fee is
$20,500 for formation and $6,500 for administration totaling $27,000.
Prepared by: Jason Simpson
Director of Administrative Services
Approved by: Grant Yates
City Manager
Attachments: Professional Services Agreement
AGREEMENT FOR PROFESSIONAL SERVICES
ALBERT A. WEBB ASSOCIATES
FORMATION, ANNEXATION, AND ADMINISTRATION SERVICES FOR CFD NO. 2015 -2
(MAINTENANCE SERVICES)
This Agreement for Professional Services (the "Agreement ") is made and entered into as
of March 17, 2015, by and between the City of Lake Elsinore, a municipal corporation ( "City ") and
ALBERT A. WEBB ASSOCIATES, a Corporation ( "Consultant ").
RECITALS
A. The City has determined that it requires the following professional services:
Formation, Annexation, and Administration related to a new maintenance Community Facilities
District (CFD) 2015 -2.
B. Consultant has submitted to City a proposal, dated December 30, 2014, attached
hereto as Exhibit A ( "Consultant's Proposal ") and incorporated herein, to provide professional
services to City pursuant to the terms of this Agreement.
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to perform the services described in this Agreement on the terms and conditions
described herein.
D. City desires to retain Consultant to perform the services as provided herein and
Consultant desires to provide such professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services described in
Consultant's Proposal (Exhibit A). Consultant shall provide such services at the time, place, and
in the manner specified in Consultant's Proposal (Exhibit A), subject to the direction of the City
through its staff that it may provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the professional services to be performed by Consultant
is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently
the professional services contemplated pursuant to this Agreement according to the agreed upon
performance schedule in Consultant's Proposal (Exhibit A).
b. Performance Schedule. Consultant shall commence the services pursuant
to this Agreement upon receipt of a written notice to proceed and shall perform all services within
the time period(s) established in the Consultant's Proposal (Exhibit A). When requested by
Consultant, extensions to the time period(s) specified may be approved in writing by the City
Manager.
Willdan PSA Maintenance Services Page 1
C. Term.
The term of this Agreement shall commence upon execution of this
Agreement and shall continue until the services and related work are completed in accordance
with the Consultant's Proposal (Exhibit A).
3. Compensation. Compensation to be paid to Consultant shall be in accordance
with the fees set forth in Consultants' Proposal (Exhibit A), which is attached hereto and
incorporated herein by reference. In no event shall Consultant's compensation exceed Thirty
T housand dollars ($30,000.00) without additional written authorization from the City.
Notwithstanding any provision of Consultant's Proposal to the contrary, out of pocket expenses
set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge.
Payment by City under this Agreement shall not be deemed a waiver of defects, even if such
defects were known to the City at the time of payment.
4. Method of Payment. Contractor shall promptly submit billings to the City describing
the services and related work performed during the preceding month to the extent that such
services and related work were performed. Contractor's bills shall be segregated by project task,
if applicable, such that the City receives a separate accounting for work done on each individual
task for which Contractor provides services. Contractor's bills shall include a brief description of
the services performed, the date the services were performed, the number of hours spent and by
whom, and a description of any reimbursable expenditures. City shall pay Contractor no later
than forty -five (45) days after receipt of the monthly invoice by City staff.
5. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten
(10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease
all work under this Agreement, unless the notice provides otherwise. If the City suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section
entitled "Method of Payment" herein.
6. Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Consultant, its officers, employees and agents and subcontractors in the
course of implementing this Agreement, except working notepad internal documents, shall
become the property of the City upon payment to Consultant for such work, and the City shall
have the sole right to use such materials in its discretion without further compensation to
Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports,
plans, studies, documents and other writings to City upon written request. City acknowledges
that any use of such materials in a manner beyond the intended purpose as set forth herein shall
be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless
Consultant, its officers, officials, agents, employees and volunteers from any claims, dernands,
actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and
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expenses in connection therein), arising out of the City's use of such materials in a manner beyond
the intended purpose as set forth herein.
a. Licensing of Intellectual Property. This Agreement creates a nonexclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights,
designs, and other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement ( "Documents & Data "). Consultant shall require that all subcontractors
agree in writing that City is granted a nonexclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or provided to Consultant by the City. City shall not be limited
in any way in its use of the Documents & Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
b. Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Consultant in connection with the performance
of this Agreement shall be held confidential by Consultant. Such materials shall not, without the
prior written consent of City, be used by Consultant for any purposes other than the performance
of the services under this Agreement. Nor shall such materials be disclosed to any person or
entity not connected with the performance of the services under this Agreement. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs relating to project for which Consultant's services are
rendered, or any publicity pertaining to the Consultant's services under this Agreement in any
magazine, trade paper, newspaper, television or radio production or other similar medium without
the prior written consent of City.
Consultant's Books and Records.
a. 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 City for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to Consultant to
this Agreement.
b. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
C. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Auditor or a designated
representative of these officers. Copies of such documents shall be provided to the City for
inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually
agreed upon, the records shall be available at Consultant's address indicated for receipt of notices
in this Agreement.
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d. Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Consultant's business, City
may, by written request by any of the above -named officers, require that custody of the records
be given to the City and that the records and documents be maintained in City Hall. Access to
such records and documents shall be granted to any party authorized by Consultant, Consultant's
representatives, or Consultant's successor -in- interest.
8. Independent Contractor. It is understood that Consultant, in the performance of
the work and services agreed to be performed, shall act as and be an independent contractor and
shall not act as an agent or employee of the City.
9. PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or 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 the 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.
Notwithstanding any other federal, state and local laws, codes, ordinances and
regulations to the contrary, Consultant and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to
any contribution to be paid by City for employer contribution and /or employee contributions for
PERS benefits.
10. Interests of Consultant. Consultant (including principals, associates and
professional employees) covenants and represents that it does not now have any investment or
interest in real property and shall not acquire any interest, direct or indirect, in the area covered
by this Agreement or any other source of income, interest in real property or investment which
would be affected in any manner or degree by the performance of Consultant's services
hereunder. Consultant further covenants and represents that in the performance of its duties
hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act
because Consultant:
a. will conduct research and arrive at conclusions with respect to his /her
rendition of information, advice, recommendation or counsel independent of the control and
direction of the City or of any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition
of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
11. Professional Ability of Consultant. City has relied upon the professional training
and ability of Consultant to perform the services hereunder as a material inducement to enter into
this Agreement. Consultant shall therefore provide properly skilled professional and technical
personnel to perform all services under this Agreement. All work performed by Consultant under
this Agreement shall be in accordance with applicable legal requirements and shall meet the
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standard of quality ordinarily to be expected of competent professionals in Consultant's field of
expertise.
12. Compliance with Laws. Consultant shall use the standard of care in its profession
to comply with all applicable federal, state and local laws, codes, ordinances and regulations.
13. Licenses. Consultant represents and warrants to City that it has the licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally required
of Consultant to practice its profession. Consultant represents and warrants to City that
Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term
of this Agreement, any licenses, permits, insurance and approvals which are legally required of
Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business
license.
14. Indemnitv. Consultant shall indemnify, defend, 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 to property, or violation of
law arises from the sole 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.
15. Insurance Requirements.
a. Insurance. Consultant, at Consultant's own cost and expense, shall
procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager,
the following insurance policies.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability Insurance for his /her
employees in accordance with the laws of the State of California. In addition, Consultant
shall require each subcontractor to similarly maintain Workers' Compensation Insurance
and Employer's Liability Insurance in accordance with the laws of the State of California
for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by the City at least thirty (30) days prior
to such change. The insurer shall agree to waive all rights of subrogation against City, its
officers, agents, employees and volunteers for losses arising from work performed by
Consultant for City. In the event that Consultant is exempt from Worker's Compensation
Insurance and Employer's Liability Insurance for his /her employees in accordance with
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the laws of the State of California, Consultant shall submit to the City a Certificate of
Exemption from Workers Compensation Insurance in a form approved by the City
Attorney.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If a commercial general
liability insurance 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. Required commercial general liability 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. No endorsement may be attached
limiting the coverage.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile liability insurance covering bodily injury and property damage for all activities
of the Consultant arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non -owned vehicles, in an amount
of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Automobile liability coverage must be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ad. 12/90) Code 1 ( "any auto "). No endorsement may
be attached limiting the coverage.
iv. Professional Liability Coverage. Consultant shall maintain
professional errors and omissions liability insurance appropriate for Consultant's
profession for protection against claims alleging negligent acts, errors or omissions which
may arise from Consultant's services under this Agreement, whether such services are
provided by the Consultant or by its employees, subcontractors, or sub consultants. The
amount of this insurance shall not be less than one million dollars ($1,000,000) on a
claims -made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance
policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be
endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insured with respect to liability
arising out of work performed by or on behalf of the Consultant, including materials, parts
or equipment furnished in connection with such work or operations.
H. This policy shall be considered primary insurance as respects the
City, its elected or appointed officers, officials, employees, agents and volunteers.
Any insurance maintained by the City, including any self- insured retention the City may
have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
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iv. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured
retentions must be declared to and approved by the City. At the City's option, Consultant shall
demonstrate financial capability for payment of such deductibles or self - insured retentions.
d. Certificates of Insurance. Consultant shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
16. Notices. Any notice required to be given under this Agreement shall be in writing
and either served personally or sent prepaid, first class mail. Any such notice shall be addressed
to the other party at the address set forth below. Notice shall be deemed communicated within
48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: Albert A. Webb Associates
Attn: Shane Spicer
3788 McCray Street
Riverside, CA 92506
17. Entire Agreement, This Agreement constitutes the complete and exclusive
statement of Agreement between the City and Consultant. All prior written and oral
communications, including correspondence, drafts, memoranda, and representations, are
superseded in total by this Agreement.
18, Amendments. This Agreement may be modified or amended only by a written
document executed by both Consultant and City and approved as to form by the City Attorney.
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% Assignment and Subcontracting. The parties recognize that a substantial
inducement to City for entering into this Agreement is the professional reputation, experience and
competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully
responsible to City for all acts or omissions of any subcontractors. Assignments of any or all
rights, duties or obligations of the Consultant under this Agreement will be permitted only with the
express consent of the City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement except as provided in Exhibit B without the written authorization
of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for
all acts or omissions of those subcontractors. Nothing in this Agreement shall create any
contractual relationship between City and any subcontractor nor shall it create any obligation on
the part of the City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise is required by law.
20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
21. Severability. If any term or portion of this Agreement is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
22. Controlling Law Venue. This Agreement and all matters relating to it shall be
governed by the laws of the State of California and any action brought relating to this Agreement
shall be held exclusively in a state court in the County of Riverside.
23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys' fees.
24. Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in
interest. JAMS shall provide the parties with the names of five qualified mediators. Each party
shall have the option to strike two of the five mediators selected by JAMS and thereafter the
mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation,
either party may commence litigation.
25. Execution, This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
26. Authority to Enter Agreement. Consultant has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Agreement. Each party warrants
that the individuals who have signed this Agreement have the legal power, right, and authority to
make this Agreement and to bind each respective party. The City Manager is authorized to enter
into an amendment or otherwise take action on behalf of the City to make the following
modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non -
monetary changes in the scope of services; and /or (d) suspend or terminate the Agreement.
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27. Prohibited Interests. Consultant maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working solely
for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
28. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non - discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
29. Prevailing Wages. Consultant is aware of the requirements of California Labor
Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8,
Section 16000, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage
rates and the performance of other requirements on "public works" and "maintenance" projects.
Consultant agrees to fully comply with all applicable federal and state labor laws (including,
without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in
connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear
all risks of payment or non - payment of prevailing wages under California law, and Consultant
hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees,
agents, and volunteers, free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive
termination of this Agreement.
30. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
[Signatures on next page]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
"CITY" "CONSULTANT"
CITY OF LAKE ELSINORE, a municipal Albert A. Webb Associates, a Corporation
corporation
v
Grant Yat �, ity Manager By: Shane Spicer
Its: Director of Municipal Finance
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Attachments: Exhibit A — Consultant's Proposal
Exhibit B — List of Subcontractors
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EXHIBIT A
CONSULTANT'S PROPOSAL
[ATTACHED]
W(:tmm
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
EXHIBIT B
A L D E R T A.
i
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A S S 0 C I A T E S
December 30, 2014
Corporate Headquarters
3766 Mccray Street
Mr. Jason Simpson
Riverside, CA 92506
Director of Administrative Services
951.666.1070
City of Lake Elsinore
130 South Main Street
Palrn Desert Office
Lake Elsinore, CA 92530
36 -951 Cook Street 8103
Palm Desert, CA 92211
RE: Formation, Annexation, and Administration Services for CFD No. 2015 -2
700.568,5005
(Maintenance Services)
Murrieta Office
41391 Kalmia Street 8320
Dear Mr. Simpson:
Murrieta, CA 92562
951.686.1070
Albert A. Webb Associates (WEBB) is pleased to submit this proposal to provide
formation and administration services for the above referenced special district.
Our proposed Scope of Services for formation, annexation, and administration
services of the referenced Community Facilities District is as shown in Attachment
A. Below is a brief summary of some of the services included in this proposal:
FORMATION SERVICES
Kickoff Meeting and Gathering Information: We will work to establish lines of
communication and gain understanding of the specific goals, components and
criteria to meet the City's needs. We will meet with the City's Staff, legal counsel,
team of consultants and project proponents to confirm the CFD's schedule of
events, procedural and financial considerations, establish the appropriate land use
classifications and discuss and identify the boundaries of the proposed CFD.
Rate and Method of Apportionment and Public Report Preparation: We will prepare
a proposed Rate and Method of Apportionment (RMA) that takes into consideration
the various land use classifications, maintenance categories, and provides the
necessary flexibility for a variety of developments to be included in the City. The
RMA will take into consideration: clarity of language in the definition of terms, ability
of the property to be assigned to different tax classifications, and presence of a
mechanism to levy taxes in the event of a change in projects and usage. WEBB will
also prepare the CFD public report, including a description of the maintenance
services to be performed and projected annual special tax.
Boundary Map: Our team of engineers and GIS Specialists will prepare the
Boundary Map illustrating the boundaries of territory proposed for inclusion in the
district capturing the entirety of any parcel subject to taxation by the proposed
district. The map shall meet the requirements of the Mello -Roos Act and the
Riverside County Recorder's Office. Additionally, we will record the map with the
Recorder's Office.
In addition to the previously mentioned formation services we will also determine the
Special Tax spread, assist with the Landowner Election, and assist with preparing
the Notice of Special Tax lien.
ANNEXATION SERVICES
Annexation Boundary Map: Our team of engineers and GIS Specialists will prepare
the Annexation Boundary Map, illustrating the boundaries of territory proposed for
inclusion in the district, capturing the entirety of any parcel subject to taxation by the
district. The map shall meet the requirements of the Mello -Roos Act and the
® Y
wvvw.webb asso c iates. cons
Mr. Jason Simpson
Director of Administrative Services
City of Lake Elsinore
(Page 2)
Riverside County Recorder's Office. Additionally, we will record the map with the Recorder's Office.
Statement of Engineer: We will review and sign a Statement of Engineer, stating that a registered engineer
supervised the preparation of the map of the boundaries, and verifying the acreage and owner information
included in the annexation.
Gathering Information: We will meet with the City's Staff, legal counsel, team of consultants and project
proponents to confirm the annexation schedule of events, procedural and financial considerations, establish
the appropriate land use classifications, and discuss and identify the boundaries of the proposed annexation.
Landowner Election: We will prepare a list of the owner names and acreages and obtain a certificate from the
Registrar of Voters whether confirming there are, or are not, registered voters within the boundaries of the
annexation.
We will also assist with preparing the Notice of Special Tax lien for the annexed properties and provide
additional consulting services to ensure accuracy and consistency with the original CFD.
ADMINISTRATION SERVICES
Land Use Research: We will use all resources available including the Riverside County IMSA system for which
we have a direct connection with, shape file data for our in -house GIS platform, and regular parcel data
updates from the Assessor's Offices. We are confident we are able to quickly identify residential and
commercial /industrial developments, conduct Assessor's parcel research, and provide accurate database
management.
Database Management: We will utilize its Special Tax and Assessment Resources (WebbSTAR) Software to
maintain a comprehensive database of the District and Parcel information in a form such that the annual levy
submission to Riverside County will follow the guidelines as outlined in the County's fixed charge submission
packet. WebbSTAR will maintain all data related to individual parcels including special tax and assessment
information, a regularly updated delinquency history (delinquent amounts for each parcel including penalties
and interest, reference to those referred to foreclosure action, and paid prior year delinquency information),
current property ownership information, assessed valuation information, and much more.
Enrollment of Special Taxes: In consultation with the City, we will determine the Levy requirement for the
current Fiscal Year on or before August 10. We will calculate and prepare the annual levy for the CFD in a
format and media acceptable for direct submission to the Auditor - Controller's Office prior to the statutory
deadline, and shall perform adjustments and corrections to the levies on the property tax rolls as necessary.
In addition to the previously mentioned administration services we will also prepare annual levy audit maps,
determine the classification of eligible parcels within the CFD's boundaries, provide financial analysis in
determining the Special Tax to be levied, prepare all necessary reports, make any necessary roll changes,
respond to property owner questions, and provide a toll free number for the public's use.
COMPENSATION
We propose to be compensated a fixed fee for services performed according to the scope of services included
as Attachment A and outlined as follows:
PROPOSED FEE SCHEDULE
Service
Fee
CFD 2015 -2 Formation Services
$20,500
Administration — Original District(')
$6,500
Total
$27,000
(') Plus $500 per annexation as they occur.
Mr. Jason Simpson
Director of Administrative Services
City of Lake Elsinore
(Page 3)
ONGOING FEE SCHEDULE -PAID BY DEVELOPER DEPOSIT
Service _ Fee
Annexation Services (per annex) $5,000
For the services performed related to the projects which are not listed herein, compensation shall be at the
hourly rates set forth on Attachment B, together with reimbursement, at cost, for incidental expenses incurred
in connection with such services, together with reimbursement for outside services at cost plus 15 %.
We have enjoyed working with the City in the past and look forward to continuing our long- standing
relationship. If you have any questions regarding our proposal, or if additional information is needed, please
contact our office at (951) 248 -4281.
Sincerely,
ALBERT A. WEBB ASSOCIATES
Shane Spicer
Director of Municipal Finance
cc: David Biiby, City of Lake Elsinore
Melissa Bellitire, Albert A. Webb Associates
CONCURRENCE OF CITY OF LAKE ELSINORE
This authorizes Albert A. Webb Associates to proceed with the CFD No. 2015 -2 Formation Services and bill a
total amount not to exceed $20,500 to the City.
Jason Simpson
Attachment A
Scope of Services
1. FORMATION SERVICES
Task 1.1 - Kickoff Meeting and Gathering Information: The purpose of this task is to establish
lines of communication and gain understanding of the specific goals, components and criteria
to meet the City's needs. WEBB will meet with the City's Staff, legal counsel, team of
consultants and project proponents to confirm the CFD's schedule of events, procedural and
financial considerations, establish the appropriate land use classifications and discuss and
identify the boundaries of the proposed CFD.
Task 1.1.A - Data Collection: WEBB will obtain the latest assessor's parcel maps and
equalized tax roll information from the Riverside County Assessor's Office for the parcels
within the proposed District, and Geographic Information System (GIS) shape files for
our in -house GIS platform.
Task 1.2 - Tax Spread: The purpose of this task is to establish a Special Tax formula for the
necessary revenues to cover operations and maintenance costs including administrative costs.
Based on the proposed structure of the Special Tax formula, WEBB will determine the
appropriate methodology for allocating the costs to the various land use classifications and if
possible be consistent with the previously approved methodology of the City's landscape,
lighting, and drainage maintenance programs.
Task 1.3 - Rate and Method of Apportionment and Public Report Preparation: WEBB will
prepare a proposed Rate and Method of Apportionment that takes into consideration the
various land use classifications, maintenance categories, and provides the necessary flexibility
for a variety of developments to be included in the City. The RMA will take into consideration:
clarity of language in the definition of terms, ability of the property to be assigned to different
tax classifications, and presence of a mechanism to levy taxes in the event of a change in
projects and usage. WEBB will also prepare the CFD public report, including a description of the
maintenance services to be performed and projected annual special tax.
Task 1.4 - Landowner Election: WEBB will prepare a list of the owner names and acreages and
obtain a certificate from the Registrar of Voters whether confirming there are, or are not,
registered voters within the boundaries of the CFD.
Task 1.5 - Notice of Special Tax Lien: WEBB will provide a list of Assessor's Parcels for the
Notice of Special Tax Lien and records the notices.
Task 1.6 - Document Review and Preparation: WEBB will review and prepare the required
documents for the formation of the CFD. WEBB will also assist the formation team in preparing
a procedure for performing future annexations to the CFD.
Task 1.7 - Consulting Services: WEBB will provide consulting services and advice to the City as
necessary, including due diligence to ensure accuracy in the process and clear written
documentation in our approach when structuring the Rate and Method of Apportionment and
the Special Tax roll. To assure and maintain quality assurance, WEBB has instituted an internal
auditing and review policy that requires a minimum of two individuals with the appropriate
expertise to review and audit any information prior to dissemination of that information to the
client.
I'_QVJ
Task 1.9 — Boundary Map: WEBB's team of engineers and GIS Specialists will prepare the
Boundary Map illustrating the boundaries of territory proposed for inclusion in the district
capturing the entirety of any parcel subject to taxation by the proposed district. The map shall
meet the requirements of the Mello -Roos Act and the Riverside County Recorder's Office,
Additionally, WEBB will record the map with the Recorder's Office.
2. ANNEXATION SERVICES
Task 2.1 — Annexation Boundary Map: WEBB's team of engineers and GIS Specialists will
prepare the Annexation Boundary Map, illustrating the boundaries of territory proposed for
inclusion in the district, capturing the entirety of any parcel subject to taxation by the district.
The map shall meet the requirements of the Mello -Roos Act and the Riverside County
Recorder's Office. Additionally, WEBB will record the map with the Recorder's Office.
Task 2.1.A — Statement of Engineer: WEBB will review and sign a Statement of Engineer,
stating that a registered engineer supervised the preparation of the map of the
boundaries, and verifying the acreage and owner information included in the
annexation.
Task 2.2 — Gathering Information: WEBB will meet with the City's Staff, legal counsel, team of
consultants and project proponents to confirm the annexation schedule of events, procedural
and financial considerations, establish the appropriate land use classifications, and discuss and
identify the boundaries of the proposed annexation.
Task 2.2.A — Data Collection: WEBB will obtain the latest assessor's parcel maps and
equalized tax roll information from the Riverside County Assessor's Office for the parcels
within the proposed Districts, and Geographic Information System (GIS) shape files for
our in -house GIS platform for the annexation.
Task 2.2.13 — Maintenance Data: WEBB will coordinate with the City in determining what
the necessary levels of services that would be required for proper allocation per the
Rate and Method of Apportionment for the annexation.
Task 2.3 — Consulting Services: WEBB will provide consulting services and advice to the City as
necessary. This includes due diligence to ensure accuracy in the process, and provide clear
written documentation in our approach to structuring the Rate and Method of Apportionment
and the Special Tax roll. To assure and maintain quality assurance, WEBB has instituted an
internal auditing and review policy that requires a minimum of two individuals with the
appropriate expertise to review and audit any information prior to dissemination of that
information to the client.
Task 2.3.A — Meetings: WEBB will attend two (2) informal meetings or hearings held for
the purpose of disseminating information to the public, including attending property
owner meetings requested for homeowner associations (HOA) that may request to
annex into the CFD. Prior to such meetings or hearings, WEBB will be prepared to make
a complete and factual presentation. We will also attend two (2) public meetings, as
required by the appropriate improvement act(s), fully prepared to present necessary
testimony and respond to public comments.
Task 2.4 — Landowner Election: WEBB will prepare a list of the owner names and acreages and
obtain a certificate from the Registrar of Voters whether confirming there are, or are not,
registered voters within the boundaries of the annexation.
A -2
Task 2.5 — Notice of Special Tax Lien: WEBB will provide a list of Assessor's Parcel for the Notice
of Special Tax Lien and record the notices.
3. ADMINISTRATION SERVICES
Task 3.1 — Land Use Research: WEBB will use all resources available including the Riverside
County IMSA system for which we have a direct connection with, shape file data for our in-
house CIS platform, and regular parcel data updates from the Assessor's Offices. We are
confident we are able to quickly identify residential and commercial /industrial developments,
conduct Assessor's parcel research, and provide accurate database management.
Task 3.1.A — Subdivision Research: WEBB will identify and obtains copies of all final tract or
parcel maps recorded within the boundaries of the CFD. WEBB will verify this information
with the additional resources available.
Task 3.1.B — Development Research: WEBB will conduct development research to identify
building permit issuance, building square footage and sites address for the new buildings.
Upon determination of this information, WEBB will be able to provide the City with related
GIS Data to be used for its own GIS database and that of the City, as appropriate.
Task 3.1.0 — Assessor's Parcel Research: WEBB will review any current Assessor's Parcel
Maps for updating the APN's within the District.
Task 3.1.C.1 — Levy Audit Maps: WEBB will generate annual Audit Maps and provides
them to the City depicting the current year's levied properties within the boundaries of
the CFD through the implementation of our GIS platform in combination with our
WebbSTAR. This will help us insure accuracy in identifying any parcel changes.
Task 3.1.1) — Database Management: WEBB will utilize its Special Tax and Assessment
Resources (WebbSTAR) Software to maintain a comprehensive database of the District and
Parcel information in a form such that the annual levy submission to Riverside County will
follow the guidelines as outlined in the County's fixed charge submission packet. WebbSTAR
will maintain all data related to individual parcels including special tax and assessment
information, a regularly updated delinquency history (delinquent amounts for each parcel
including penalties and interest, reference to those referred to foreclosure action, and paid
prior year delinquency information), current property ownership information, assessed
valuation information, and much more.
Task 3.2 — Classification of Property: WEBB will determine the appropriate property
classification in accordance to the Rate and Method of Apportionment. WEBB will review the
land use code information from the latest equalized roll for Riverside County and updates our
WebbSTAR database for the Special Tax calculations annually.
Task 3.2.A — Exempt Property: WEBB will identify all property owned by public agencies
or entities exempt from the special tax and classifies them in accordance to the Rate
and Method of Apportionment. WEBB will communicate these classifications to the City
and reports them on our Annual Levy Detail reports. We will confirm the location of
these properties using our GIS database and illustrate them on our Annual Audit Map.
Task 3.2.13 — Taxable Property: WEBB will identify all taxable properties and classify
them in accordance with the Rate and Method of Apportionment. WEBB will
communicate with the City these classifications and report them on our Annual Levy
A -3
Detail reports. We will confirm the location of these properties using our GIS database
and illustrate them on our Annual Audit Map.
Task 3.3 — Financial Analysis: WEBB will apply the Rate and Method of Apportionment and
calculate the annual Special Taxes to be levied for the current Fiscal Year. WEBB will report this
information to the City to assist in the budget review process.
Task 3.3.A — Special Tax Requirement: WEBB will review the Special Tax Requirement as
it is defined in the Rate and Method of Apportionment.
Task 3.3.6 — Special Tax Rates: With the use of our WebbSTAR software, WEBB will
calculate the Special Tax rates for all classifications and report this information to the
City prior to submittal to the Riverside County Auditor's - Controller's Office.
Task 3.4 — Report Preparation: Once finalized, WEBB will provide the City with a hard copy and
an electronic copy of the Annual Levy Report containing the information used to calculate the
annual installment amount for each parcel, as well as a summary of the total annual levy for the
CFD.
Task 3.5 — Enrollment of Special Taxes: In consultation with the City, WEBB will determine the
Levy requirement for the current Fiscal Year on or before August 10. WEBB will calculate and
prepare the annual levy for the CFD in a format and media acceptable for direct submission to
the Auditor - Controller's Office prior to the statutory deadline, and shall perform adjustments
and corrections to the levies on the property tax rolls as necessary.
Task 3.6 — Roll Changes and Adjusted Property Tax Bills: Upon determination that changes to
the secured tax roll necessitates corrections /revisions after the deadline, WEBB will research,
recalculate, and with the City's approval, rectifies the issue.
Task 3.7 — Responses to Property Owner Questions: WEBB will serve as the initial and primary
contact to the District property owners, title companies and other interested parties regarding
the CFD proceedings and annual installments. A toll free telephone number, of WEBB's
designation, will appear on the regular property tax billing, next to the CFD, to facilitate contact
with the public.
Task 3.7.A — Toll Free Number: WEBB will provide a toll free phone number for the City to
refer property owners, title companies and other interested parties to in regard to CFD
proceedings and annual installments.
Task 3.8 — Disclosure: WEBB will prepare for the City approval any State and /or Federal
Disclosure reporting requirements pertaining to the CFD, if applicable.
Task 3.8.A — Electronic Format: WEBB will provide an electronic and hard copies of each
report, as well as a hard copy of each report, to the City for internal use.
em
A ,_ i, a i, , ,,. Attachment B
I 10 ' 61 FEE SCHEDULE
RATES
CLASSIFICATION HOUR
Engineers /Project ManageE &fanners /Scientist/
Assessments ecialTaxConsultants /LandscapeArchitects /Designers
Principal11 ...........................................................................................
............................... 198.00
PrincipalI ......................... _.............. ....................................................
.... _...................... - 190.00
SeniorIII ..........................................................•..................................
............................... 173.00
SeniorlI ...................... ......................................................
... ........................ ..................... 162.00
Senior I ..... ............................... ........................................._.................
- __ .
............................... 17/.0 i
AssociateIII ........................................................................................
............................... 149.00
AssociateII ....... .. ...... ........ ........... ....... .............. .............
....................... ...................... ....... 128.00
Associate, I ................... ..................... ................. .....................................
............... ._......... 122.00
AssistantV ............................................................................................
............................... 105.00
AssistantIV ......................... ................. ....................
......................................................... 101.00
AssistantIII --- .... ....................... ..............................................
-- .... ....... ........... - ........ 92.00
Assistant11 ....... ................ .......... ._ .... ,.................................................................................
76.00
AssistantI ...........................................•......................
............................... .......................... 62.00
Survey Services
3- Person Survey Party ........ ....................................................
............. ...... .................. ...... 242.00
2- Person Survey Party ...........................................................................
..................... ......... 212.00
I- Person Survey Party ....... ............... ............................... ...............................
.......... ... ... ..... 130.00
Directorof Suivey ............... ................... ..................................................................
.......... 167.00
Manager of Field Operations .................... ... ............................
............ ............................... 124.00
Survey Technician If... ..... ........................................................
.............. .. . . . .......... 108.00
SurveyTechnician I ..............................................................................
............................... 89.00
nspeCtlon $erNCeS
Construction Manager ...... ................. ....................................... ............. ...._.... _................ 150.00
InspectorII .... .......... ... ..... ...... .. ...... ................................ .................................................... 105.00
InspectorI ...... ... ....... ................... ... ... ............................. ................................................... 94.00
Administrative Services
ProjectCoordinator ............................................................................. .........................._.... 86.00
Administrative Assistant III ................................................................... ............................... 72.00
Administrative Assistant II .................................................................... ............................... 62.00
Administrative Assistant I .......................................... ............................... .......................... 46.00
Other Direct Expenses
IncidentalCharges ............... .... .. ......................................................................
..... ..... ._...... Cost
Postage and Telepltmte .............................. .............................................
,............. ,............ Cost
In -house Prints, Copies and Delivery ........................ ...............................
........................... Cost
Travel and Subsistence ............... ............................... I ........... ,.......
...... ... .............. .............. Cost
Special Consultant ............. ............... --- ... .. ........... ,.., .............
...... ............. .. 275.00 /1Iour
CISLicense Fee .... ......... .......................................................... .. ............
............... .... ,.... .... 39.00 /f10111
Subcontracted Services._ ................................................. ..... ........................
..................... Cost +15%
Survey /Inspector Vehicle ......................................................................
............................... 0.77 /Mile
Mileage........................................................................... ...............................
_......--- ........ 0.68 /Mile
NOTE: All rates are subject to change based on annual inflation and cost of living adjustments.
'A FINANCE CHARGE arannu,d oneLnlrpemcn,0A /2 %)permomL(19 °b ycryeu)millbe:,ddcd io,unp:dd a n,onw rn..... uy ohiny (30)Mps Eon, der, of
nrvnna. Am,,d ic'sliannay be 111M F., n), invoice re, miuingunt mid Jer,hi,(an days Gowu daze of invoice.
SCH 34 ( 07/01/08 REV)