HomeMy WebLinkAboutID# 14-525 Approve Albert A. Webb Associates Prof Serv Agreement Review of CFD Funded Improvements by Developers for ReimbursementREPORT 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 REVIEW OF CFD FUNDED
IMPROVEMENTS BY DEVELOPER FOR REIMBURSEMENT
Recommendation
1. Approve Professional Services Agreement with Albert A. Webb Associates
for special tax administration services related to reviewing developer
expenses for CFD funded improvements 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. They also have engineers on staff that ensure any developer
constructed improvements meeting eligibility requirements for CFD funded
improvements.
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
Professional Services Agreement
April 14, 2015
Page 2
County Auditor's taxing system that will insure complete accuracy in levying the special
assessments /taxes on the County tax rolls.
Discussion
City staff is requesting Albert A. Webb Associates to review CFD funded improvements
for reimbursement to developers.
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
$20,000 for review services.
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
COMMUNITY FACILITIES DISTRICT REIMBURSEMENT SUBMITTAL REVIEW 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:
Review of developer reimbursement request submittals for various Community Facilities Districts
(CFD's) within the City of Lake Elsinore.
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 Reimbursement Review 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
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.
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, demands,
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 Propert y. 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.
G. 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 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. Indemnity. 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 €mployer'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 (ed. 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 AMI 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.
ii. 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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19. 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. Egual 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"
CITY OF LAKE ELSINORE, a municipal
corporation
"CONSULTANT"
Albert A. Webb Associates, a Corporation
Grant Yates, City Manager By
Its:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Attachments: Exhibit A — Consultant's Proposal
Exhibit B — List of Subcontractors
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Shane Spicer
Director of Municipal Finance
EXHIBIT A
CONSULTANT'S PROPOSAL
[ATTACHED]
EXHIBIT A
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
EXHIBIT B
A L B E R T A,
A 5 5 0 C I A T E S
December 30, 2014
Corporate Headquarters
3788 McCray Street
Mr. Jason Simpson
Riverside, CA 92506
Director of Administrative Services
951.686.1070
City of Lake Elsinore
130 South Main Street
Palm Desert office
Lake Elsinore, CA 92530
36 -951 Cook Street 0103
Palm Desert, CA 92211
760.566.5005
RE; Community Facilities District Reimbursement Submittal Review Services
Murrieta office
Dear Mr. Simpson:
41391 Kalmia Street 9320
Murrieta, CA 92562
Albert A. Webb Associates (WEBB) is pleased to submit this proposal to provide
951.686.1070
Community Facilities Districts (CFD) reimbursement submittals review services for
the City.
Our proposed Scope of Services for CFD reimbursements is to support City Staff in
reviewing CFD Reimbursement Submittals for which the developers may be
reimbursed for facilities funded by the CFD. WEBB currently provides these
services for Jurupa Community Services District, City of Chino, and the City of
Corona. WEBB will work closely with City Staff to establish a seamless process for
these requests. WEBB will act as an extension of the City in handling these matters.
In working with City Staff WEBB will communicate the reimbursement process to the
developers and outline the requirements approved by the City. Included with this
proposal is an example of reimbursement checklist used recently for the City of
Corona, see Attachment B. Our Scope of Services include:
A. Review CFD funding and acquisition agreements;
B. Ensure the requirements of the final documents and agreements related to
the CFD's acquisition of improvements are met;
C. Review plans, specifications, cost estimates, and construction contracts;
D. Review of contracts and agreements (in conjunction with City legal counsel);
E. Review change orders and make recommendations concerning CFD
eligibility; and
F. Review and approve all costs related to CFD payments by way of approving
an Acquisition Report.
-
The CFD Reimbursement Submittal Review Services will vary per CFD: Due to the
varying degrees of services needed, based upon the structure of the Facilities
Agreement and the completeness of the Submittal Package we propose that
compensation for the facilities engineer services be based on a time and material
basis in accordance with the attached Schedule of Fees - Attachment A.
It is our experience that the time needed to process a Reimbursement Submittal
Request will vary between $2,500 - $5,000 per submittal, however, due to the
flexibility and variance of services that may be required, the budget cost estimate
shown is only provided as a fiscal control measure for the City's purposes and may
or may not be adequate to perform the actual work necessary.
www.webbassociates.com
Mr. Jason Simpson
Director of Administrative Services
City of Lake Elsinore
(Page 2)
Based on these assumptions WEBB would propose a not to exceed budget cost estimate of $20,000, for four
(4) Reimbursement Submittal Requests without obtaining prior written client authorization.
COMPENSATION
We propose to be compensated a fixed fee for services performed as follows
PROPOSED FEE SCHEDULE- PAID B DEVELOPER DEPOSIT
Service Fee
CFD Reimbursement Review (Est. 4 requests) T $20,000
For the services performed related to the projects which are not listed herein, compensation shall be at the
hourly rates set forth on Attachment A, 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,
ALBERTA. WEBB ASSOCIATES
Shane Spicer
Director of Municipal Finance
cc: David Bilby, 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 Reimbursement Review Services and bill a
total amount not to exceed $20,000 to the City.
Jason Simpson
I. 0 1. a I A. Attachment A
FEE SCHEDULE
A
RATES
CLASSIFICATION
VHOUR
Engineers /Project Manager Planners /Scientist/
Assess pent /$Dec =al T.ax ConsultantslCandscape Architects /Designers
Principal11 .................................................................................... ............................... _.....
198.00
PrincipalI ...... ............... ................ ............. --- ................... .......... --- ..................... ...........
190.00
SeniorIII .................. ...... .... ........................... ........... .,,........... ,............. ,., ....... ........... ....:....
173.00
SeniorII ..................... ............... ..... ... ... ............ ............... ........ ... ...................... ......... ,...::..
162.00
SeniorI --- ...... .................................................................................... ...............................
157.00
" Associate III ................... ............. .................. ....:.................................. ........................... ..,
149=00
AssociateII .--- ........ ................ :....... -- .............. .....:............................. ....
128.00
Associate I .. ... .......... :....... ... ........... ................... ................ ...................... ..
122.00
AssistantV............... ................ ............. .. ..... .... ...... .............. ..................... ....... ...................
105.00
AssistantIV ......................................................................................... ...............................
101.00
AssistantIII ................................... ......................................... .................. ............. .......... ...
92.00
AssistantII ........................ ................................... ................. .... .......... . .... - ............ --- .......
76.00
AssistantI .... ................... _..._....,.............. ....... ......... ,..... ............. .............. ............:.......
62.00
Survey Services
" 3- Person Survey Party ............ ............................... ,.....
242.00
2- Person Survey Party ............................. .................................................. ............. ......... ..:,
212.00
l- Person Survey Party .................. .......... ......... ..... ... ...... ................. .:.:..: ......:..:.....:...:.:.......:.
130.00
Directorof Survey ................................................ ............................... ..
167.00
Manager of Field Operations ................................................................ ...............................
124.00
SurveyTechnician II .................. .... .................. .. ... .............................. ........... ................. .....
108.00
SurveyTechnician I ............................................................... ................ ....:............ .............
89.00
Inspection Services
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 Telephone .............. .................... ... .... ---- .... .. ....................... ---- ................
Cost
In -house Prints, Copies and Delivery . ..._ ............. ................ .. .................... .. ..........
. Cost
Traveland Subsistence ......................................................................... ...............................
Cost
Special Consultant ........................................................ ...............................
275.00 /Hour
GISLicense Fee ..... ............. .................................. ........................ ........ ................. ..............
39.00 /1-Iour
Subcontracted Services ................................................ ..................... ....... ............... .............
Cost + 15%
Survcy /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 .1 heir percuu Q /2 %) pe: mmuh (IBWc per....),.ili Le Aded .nmmnun,
lorry (30) dnys From d.mr of
mole A lo:ad.. k,, ,!,,y b< filed io )- ee 2,i,a g ,paid arrcr 6frry(30) days i,o due ofu,aee
5CH 34 (0] /01 /08 REV)
Attachment B
e
CFD FUNDED IMPROVFMENTS ° c
c
REIMBURSEMENT REQUIREMENTS d
Cn
q L
O lam,
❑ ..................
❑
W .�
.E
Project Identification: o a
a cC
A
Construction Completion
a
y
O
✓
O
9S
Prior to Construction Items
a. Proof of advertisement and plan holders list .............. .... .... ........................... ................... ❑
b. Contract document requirements; prevailing wages .................... ......................... :.... :........ ❑
compliance with Labor Code, government code, and
Public Contract Code relating to CFD improvements
C. Proof of receipt of a minimum of three bids ....................................... ............................... ❑
(2 as long as minimum bid period occurred)
d. Bid summary and award to lowest responsible bidder ....... ........:........ ......................... ...... ❑
e. Minimum insurance coverage requirements..............................:....... .....-- ........,,,.,,,...,,.... ❑
2.
During Construction
a. Weekly submittals of certified payrolls to City (sample letter) ........... ...............................
❑ ..................
❑
b. City access
3.
Construction Completion
a. Developer certification letter confirming improvements ............................................
...............................
❑
were constructed in accordance with approved P & S,
engineer's report and all applicable agreements
4.
Prior to Acceptance and Acquisition
a. Copies of above information
b. I Completion of City punch list .......................... .... ..................... ...................... :...............
.... ❑ , ........
......... ❑
b.2 City final /City release letter ...................... ....... .,::........... ,.._.,. ................... ............
........... ........ ,,.,
............ , ❑
c.I As- builts (" redlines") ........................................................................... ...............................
❑
c.2 As -built mylars on file with City .......................................,...........................................
..............................❑
d. Recorded Notice of Completion (NOC) (Attachment 1) ...... ................. ........ .....
... ..... ......................
..........❑
e. Copies of permits / agreements ..................... .....:........... ..... ............... ............ ...........
--- .... ❑
f Bill of Sale (Attachment 2) .................... ..................... ................. .. ...........................
........ ........ ..............:.:.
❑
5.
Acquisition Price Documentation Package
a. P, S, & P ............................................................................................... ...............................
❑
b. Contracts /agreements, bonds, insurance, change orders ...................... ...............................
❑ ..................
❑
for each vender and contractor
C. Invoice copies ... ......................... .............. ........................ .. .............................. ................
... ❑ .....
......... ,,,. ❑
d. Copies of cancelled checks (front and back) .... ......... ................. :...........
.:............. . ❑ .,:, ...
.. ... , .,, ❑
e. Final lien releases (Attachment 3) ...............................................................................
...............................
❑
f. Certified payrolls verification ..................................... ............... _.,. ......... ...........................
See Item 2B above.
g. Total cost summary (on disk) (sample) ........................ ....
❑ ..................
❑
6.
City Acceptance
a. City Council acceptance recommendation ...................................................................
...............................
❑
b. Pile a Notice of Verification & Acceptance (Attachment 4) .....................................
...............................
❑
Albert A. Webb Associates
G: \2005\05 - 0405 \Reimbursement Requimnents.doc