HomeMy WebLinkAboutC-2474CITY OF ARCADIA
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ORIGINAL
PROFESSIONAL SERVICES AGREEMENT I Ib0 --)
CITYWIDE STREET LIGHTING ASSESSMENT DISTRICT
1. PARTIES AND DATE.
This Agreement is made and entered into this 1 ` � day of O b e ✓ , 2009 by
and between the City of Arcadia, a charter city organized under the Constitution and laws of the
State of California with its principal place of business at 240 West Huntington Drive, Arcadia,
California 91066 -6021 ( "City ") and Willdan Financial Services, a California Corporation with its
principal place of business at 27368 Via Industria, Ste. 110, Temecula, CA 92590
( "Consultant "). City and Consultant are sometimes individually referred to as "Party" and
collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing Assessment Engineering &
Balloting services to public clients, is licensed in the State of California, and is familiar with the
plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the Citywide Street Lighting
Assessment District project ( "Project ") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3. 1.1 General Scope of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional Assessment Engineering & Balloting
consulting services necessary for the Project ( "Services "). The Services are more particularly
described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall
be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto
and incorporated herein by reference, and all applicable local, state and federal laws, rules and
regulations.
3.1.2 Term. The term of this Agreement shall be from Date of Execution to one
year from date of execution, unless earlier terminated as provided herein. Consultant shall
complete the Services within the term of this Agreement, and shall meet any other established
schedules and deadlines.
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3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of
this Agreement. Any additional personnel performing the Services under this Agreement on
behalf of Consultant shall also not be employees of City and shall at all times be under
Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Consultant shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to perform the
Services in conformance with such conditions. In order to facilitate Consultant's conformance
with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon
request of City, Consultant shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the prior written approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other personnel of
at least equal competence upon prior written approval of City. In the event that City and
Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate
this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the
Services in a manner acceptable to the City, or who are determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a
threat to the safety of persons or property, shall be promptly removed from the Project by the
Consultant at the request of the City. The key personnel for performance of this Agreement are
as follows: Habib Isaac, Senior Project Manager.
3.2.5 Cites Representative. The City hereby designates Pat Malloy, Assistant
City Manager /Public Works Services Director, or his or her designee, to act as its representative
for the performance of this Agreement ( "City's Representative "). City's Representative shall
have the power to act on behalf of the City for all purposes under this Contract. Consultant shall
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not accept direction or orders from any person other than the City's Representative or his or her
designee.
3.2.6 Consultant's Representative. Consultant hereby designates Habib Isaac,
Senior Project Manager, or his or her designee, to act as its representative for the performance of
this Agreement ( "Consultant's Representative "). Consultant's Representative shall have full
authority to represent and act on behalf of the Consultant for all purposes under this Agreement.
The Consultant's Representative shall supervise and direct the Services, using his best skill and
attention, and shall be responsible for all means, methods, techniques, sequences and procedures
and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and other
staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Finally, Consultant represents that it, its employees
and subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License, and that
such licenses and approvals shall be maintained throughout the term of this Agreement. As
provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its
own cost and expense and without reimbursement from the City, any services necessary to
correct errors or omissions which are caused by the Consultant's failure to comply with the
standard of care provided for herein. Any employee of the Consultant or its sub - consultants who
is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Project, a threat to the safety of persons or property, or any employee who fails
or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed
from the Project by the Consultant and shall not be re- employed to perform any of the Services
or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and
in compliance with all local, state and federal laws, rules and regulations in any manner affecting
the performance of the Project or the Services, including all Cal /OSHA requirements, and shall
give all notices required by law. Consultant shall be liable for all violations of such laws and
regulations in connection with Services. If the Consultant performs any work knowing it to be
contrary to such laws, rules and regulations and without giving written notice to the City,
Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend,
indemnify and hold City, its officials, directors, officers, employees and agents free and
harmless, pursuant to the indemnification provisions of this Agreement, from any claim or
liability arising out of any failure or alleged failure to comply with such laws, rules or
regulations.
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3.2.9.1 Immigration Reform and Control Act. Consultant acknowledges
that Consultant, and all subcontractors hired by Consultant to perform services under this
Agreement, are aware of and understand the Immigration Reform and Control Act ( "IRCA ").
Consultant is and shall remain in compliance with the IRCA and shall ensure that any
subcontractors hired by Consultant to perform services under this Agreement are in compliance
with the IRCA. In addition, Consultant agrees to indemnify, defend and hold harmless the City,
its agents, officers and employees, from any liability, damages or causes of action arising out of
or relating to any claims that Consultant's employees, or the employees of any subcontractor
hired by Consultant, are not authorized to work in the United States for Consultant or its
subcontractor and/or any other claims based upon alleged IRCA violations committed by
Consultant or Consultant's subcontractor(s).
3.2. 10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence
Work under this Agreement until it has provided evidence satisfactory to the City that it has
secured all insurance required under this section. In addition, Consultant shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence satisfactory
to the City that the subcontractor has secured all insurance required under this section; provided,
however, that in lieu thereof, the Consultant may provide evidence to the City that all
subcontractors are additional insureds under the Consultant's policies of insurance.
3.2.10.2 Minimum Requirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Consultant, its agents, representatives, employees, subcontractors and
volunteers. Consultant shall also name and obtain insurer's consent to naming City, its directors,
officials, officers, employees, agents and volunteers as an additional insured with proof of
certificate of insurance that they are an additional insured. Such insurance shall meet at least the
following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be when
commercially available (occurrence based) at least as broad as the latest version of the following:
(1) General Liability: Insurance Services Office Commercial General Liability coverage for
premises and operations, contractual liability, personal injury, bodily injury, independent
contractors, broadform property damage, explosion, collapse, and underground, products and
completed operations; (2) Automobile Liability: Insurance Services Office Business Auto
coverage for any auto owned, leased, hired, and borrowed by Consultant or for which
Consultant is responsible; and (3) Workers' Compensation and Employer's Liability: Workers'
Compensation insurance as required by the State of California and Employer's Liability
Insurance.
City, its directors, officials, officers, employees, agents and volunteers shall be listed as
additional insured. Any deductibles or self - insured retentions must be declared to and approved
by City and conform to the requirements provided in Section 3.2.10.6 herein.
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(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage, with an aggregate limit of $2,000,000. If
Commercial General Liability Insurance or other form with general aggregate limit is used,
either the general aggregate limit shall apply separately to this Agreement/location or the general
aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability $1,000,000
combined single limit per accident for bodily injury and property damage; and (3) Workers'
Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor
Code of the State of California. Employer's Liability limits of $1,000,000 per accident for
bodily injury or disease.
3.2.10.3 Professional Liabilitv. Consultant shall procure and
maintain, and require its sub - consultants to procure and maintain, for a period of three (3) years
following completion of the Project, errors and omissions liability insurance appropriate to their
profession. Such insurance shall be in an amount not less than $1,000,000 per claim and
$2,000,000 annual aggregate, and shall be endorsed to include contractual liability.
3.2.10.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees and volunteers
shall be covered as additional insured with respect to liability arising out of Services operations
and for completed operations performed by or on behalf of the Consultant, including materials,
parts or equipment furnished in connection with such work; and (2) the insurance coverage shall
be primary insurance as respects the City, its directors, officials, officers, employees and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's
scheduled underlying coverage. Any insurance or self - insurance maintained by the City, its
directors, officials, officers, employees and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall
be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the
Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be
primary insurance as respects the City, its directors, officials, officers, employees, agents and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's
scheduled underlying coverage. Any insurance or self - insurance maintained by the City, its
directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it in any way.
(C) Workers' Compensation and Employers Liability
Coveray,e. The insurer shall agree to waive all rights of subrogation against the City, its directors,
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officials, officers, employees, agents and volunteers for losses paid under the terms of the
insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be, reduced or canceled except
after thirty (30) days prior written notice by first -class mail, postage prepaid, of cancellation;
provided, however, that in the event of cancellation due solely to non - payment of premium, ten
(10) days notice of cancellation for non - payment of premium may instead be given to the City.;
and (B) any failure to comply with reporting or other provisions of the policies, including
breaches of warranties, shall not affect coverage provided to the City, its directors, officials,
officers, employees, agents and volunteers.
3.2.10.5 Separation of Insureds, Special Limitations. All
insurance required by this Section shall contain standard separation of insureds provisions. In
addition, such insurance shall not contain any special limitations on the scope of protection
afforded to the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.6 Deductibles and Self - Insurance Retentions. Any
deductibles or self - insured retentions must be declared to and approved by the City. Consultant
shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate
such deductibles or self - insured retentions as respects the City, its directors, officials, officers,
employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and defense
expenses.
3.2.10.7 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than ANIII, admitted or approved to do
business in California, and satisfactory to the City.
3.2.10.8 Verification of Coverage. Consultant shall furnish City
with complete and accurate copies of current certificates of insurance and endorsements
effecting coverage required by this Agreement on forms satisfactory to the City. The certificates
and endorsements for each insurance policy shall be signed by a person authorized by that
insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested.
Copies of all certificates and endorsements must be received and approved by the City before
work commences. The City reserves the right to require complete, certified copies of all
required insurance policies, at any time.
3.2.10.9 Safety. Consultant shall execute and maintain its work so
as to avoid injury or damage to any person or property. In carrying out its Services, the
Consultant shall at all times be in compliance with all applicable local, state and federal laws,
rules and regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in accident
prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall
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protection ladders, bridges, gang planks, confined space procedures, trenching and shoring,
equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully
required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and
maintenance of all safety measures.
3.2.10.10 Material Breach. Lack of insurance does not negate
Consultant's obligations under this Agreement. Maintenance of proper insurance coverage is a
material element of this Agreement and failure to maintain or renew coverage or to provide
evidence of renewal may be treated by the City as a material breach of the Agreement.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
reimbursements which receive the City's prior written authorization, for all Services rendered
under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein
by reference. The total compensation shall not exceed FIFTY THOUSAND EIGHT
HUNDRED DOLLARS AND NO CENTS ($50,800.00) without written approval of the City
Manager. Extra Work may be authorized, as described below, and if authorized, will be
compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. City shall, within forty -five (45) days of receiving such
statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless prior written authorization is obtained from the City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Project, but which
the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without prior written
authorization from City's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during
normal business hours to examine, audit, and make transcripts or copies of such records and any
other documents created pursuant to this Agreement. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
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3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination,
Consultant shall be compensated only for those services which have been adequately rendered to
City, and Consultant shall be entitled to no further compensation. Consultant may not terminate
this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided
herein, City may require Consultant to provide all finished or unfinished Documents and Data
and other information of any kind prepared by Consultant in connection with the performance of
Services under this Agreement. Consultant shall be required to provide such document and other
information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in
whole or in part as provided herein, City may procure, upon such terms and in such manner as it
may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Consultant:
City:
Willdan Financial Services
Attn: Mark Risko
27368 Via Industria, Ste. 110
Temecula, CA 92590
(951) 587 -3500
City of Arcadia
240 West Huntington drive
Arcadia, CA 91066 -6021
Attn: Pat Malloy
Assistant City Manager /Public Works Service Director
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
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3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This
Agreement creates a non - exclusive 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
all subcontractors to agree in writing that City is granted a non - exclusive 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 and Data at any time,
provided that any such use not within the purposes intended by this Agreement shall be at City's
sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and 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. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. 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 of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Indemnification.
3.5.5.1 To the fullest extent permitted by law, Consultant shall
defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free
and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury, in law or equity, to property or persons, including wrongful death, in any
manner arising out of or incident to any negligent or other wrongful acts, omissions or willful
misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors
arising out of or in connection with the performance of the Services, the Project or this
Agreement, including without limitation the payment of all consequential damages and
attorney's fees and other related costs and expenses. Notwithstanding the foregoing, to the
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extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall
be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of;
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
Consultant shall defend with Legal Counsel of City's choosing, at Consultant's own cost,
expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every
kind that may be brought or instituted against City, its directors, officials, officers, employees,
agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may
be rendered against City or its directors, officials, officers, employees, agents or volunteers, in
any such suit, action or other legal proceeding arising from Consultant's performance of the
Services, the Project or this Agreement; except to the extent that liability is caused by any
negligence or willful misconduct by the City or its directors, officials, officers, employees,
agents or volunteers. Consultant shall reimburse City and its directors, officials, officers,
employees, agents and /or volunteers, for any and all legal expenses and costs incurred by each of
them in connection therewith or in enforcing the indemnity herein provided. Consultant's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City,
its directors, officials, officers, employees, agents or volunteers and shall take effect immediately
upon execution of this Agreement.
3.5.5.2 The duty to defend and to hold harmless, as set forth above,
shall include the duty to defend as established by Section 2778 of the California Civil Code, and
the duty to defend shall arise upon the making of any claim or demand against the City, its
respective officials, officers, agents, employees and representatives, notwithstanding that no
adjudication of the underlying facts has occurred, and whether or not Consultant has been named
in the claim or lawsuit.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both Parties.
3.5.7 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.8 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.9 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.5. 10 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
3.5.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
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hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days or period for performance shall be deemed calendar days and not
work days. All references to Consultant include all personnel, employees, agents, and
subcontractors of Consultant, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, and volunteers except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement.
3.5.13 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severabilitv_. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.17 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.
3.5.18 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, sexual orientation 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. Consultant shall also comply with all relevant provisions of
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City's Minority Business Enterprise program, Affirmative Action Plan or other related programs
or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self -
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.20 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 bind each respective Party.
3.5.21 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
CITY OF ARCADIA
By: 4,00 pa-, -
Donald Penman
City Manager
Dated: Q - t Z '2009
ATTEST:
APPROVED AS TOnnFORM:
&—&x4a r'.
Stephen P. Deitsch
City Attorney
Revised 9/09 LM
SDPUB\SAKINS \744624.2
WILLD S
By:
Mark Ri to
12
Vice President
UR:
.tea off'
Pat M lloy Date
Assistant City Manager /PWSD
,R4
�� ���
u Ut
APPROVED AS TOnnFORM:
&—&x4a r'.
Stephen P. Deitsch
City Attorney
Revised 9/09 LM
SDPUB\SAKINS \744624.2
WILLD S
By:
Mark Ri to
12
Vice President
UR:
.tea off'
Pat M lloy Date
Assistant City Manager /PWSD
EXHIBIT "A"
SCOPE OF SERVICES
Consultant shall provide the following scope of services but not limited to:
"PLEASE SEE ATTACHED SCOPE OF SERVICES"
SDPUB \SAKINS \744624.2
A -1
WI LLDAN extending
your
W""Financial Services reach
March 24, 2009
Ms. Maria Aquino
Management Analyst
City of Arcadia
11800 Goldring Road
Arcadia, California 91066
Re: Proposal to the City of Arcadia to Re- ballot a Citywide Assessment District
Dear Ms. Aquino:
Per your request, attached is a joint proposal from Willdan Financial Services ( "Willdan ") and The
Lew Edwards Group (LEG) to provide Assessment Engineering and Balloting Services and
conduct a Public Outreach /Education Program for the City of Arcadia's Citywide Lighting District.
The following contains each firm's proposed scope of services and fee to provide these services.
The proposal also outlines specific issues related to the initial balloting effort and changes to the
approach that will enhance the success of property owner approval.
We appreciate this opportunity to continue to work with the City of Arcadia and look forward to
hearing from you. Please feel free to contact me directly at (951) 587 -3528 or via email at
cfisher(cDwilldan.com, if you have any questions regarding our proposal.
Sincerely,
WILLDAN FINANCIAL SERVICES
Chris Fisher, Principal Consultant
Financial Consulting Services Group
Engineering I Geotechnical I Environmental I Sustainability I Financial I Homeland Security
951.587.3500 1 800.755.6864 1 fax: 951.587.3510 1 27368 Via Industria, Suite 110, Temecula, CA 92590 1 www.wilidan.com
WI LLDAN
x Financial Services
Table of Contents
PROJECT UNDERSTANDING ................................ ..............................1
SCOPEOF SERVICES ........................................... ..............................4
FEEFOR SERVICES .............................................. ..............................9
AdditionalServices ....................................................................... .............................10
PROJECTTEAM .................................................... .............................11
Proposal to the City of Arcadia to Re- ballot for a Citywide Lighting District
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Iii N ,�
>.
Willdan Financial Services ( "Willdan "), formerly MuniFinancial, was previously
retained by the City of Arcadia to assist with the formation of a citywide 1972 Act
Landscape and Lighting District to provide funding for the annual costs associated
with the ongoing maintenance and operation of street light improvements. Property
owners were balloted regarding the proposed district formation and annual
assessment in November 2008 but the assessment was not approved.
In addition to the necessary engineering and assessment development work for the
previous assessment balloting project, Willdan's 2008 efforts included the mailing of
an invitation /informational piece to the property owners and participation in scheduled
public educational meetings.
Initially it was determined that the combined effort of these mailings and property
owner meetings along with the City's communication efforts would be sufficient to
garner property owner approval of the formation of the Arcadia Citywide Lighting
District 2009 -1, although this was not the case. Therefore, the City of Arcadia desires
to undergo the process again but utilize a public relations firm, The Lew Edwards
Group (LEG), to be in charge of an even more extensive public outreach effort.
To successfully complete this assignment and to provide the City with defensible and
long -term assessment revenue, we believe that the combined strengths of our team
(Willdan and LEG) will provide the City with the best support for the following reasons:
The City of Arcadia has a need
for a highly specific set of services requiring a precise range of expertise. Willdan has
assembled a team with specific experience and skills in establishing new or increased
assessments, in order to provide the City with a well coordinated approach. Our staff
has worked extensively on Proposition 218 related projects since its passage in
1996, and on benefit assessments of all types for over 25 years. Furthermore,
Willdan has participated in industry and internal meetings and discussions to
analyze and understand the recent court decision in the Santa Clara Open
Space case, determine the effects on future assessment proceedings, and
develop approaches for structuring assessments to maximize their technical
defensibility going forward. Willdan has long been at the forefront in creating
defensible, well- supported assessment methodologies, so we feel that the Santa
Clara decision was an extension of what we have always practiced, not a new
approach.
Deem'i — Willdan staff members assigned to this project possess
almost 60 years of combined experience with benefit assessments and Proposition
218 related projects. The principal -in- charge for this project, Mr. Chris Fisher, has
worked with several cities in developing and /or re- engineering their citywide
districts for compliance with the provisions of the California Constitution and
worked extensively on projects requiring ballot proceedings for new or
increased assessments.
Proposal to the City of Arcadia to Re- ballot for a Citywide Lighting District
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Key Study Issues
Assessment Engineering and Balloting Services
Based upon our prior knowledge of this project and discussions with the City's legal
counsel, we have concluded that the basic district structure and assessment rationale
meets the special benefit requirements emphasized by the recent Supreme Court
decision regarding assessments. However, we have identified three key study issues
and developed a comprehensive and thoughtful approach to the project to enhance
property owner approval. The key study issues and the strategies Willdan will utilize
are provided below.
Issue #1: Evaluate possible modifications to the method of apportionment
Issue #2: Simplify the presentation of the required Notice of Public Hearing and
Ballot.
Issue #3: Expand and enhance public outreach and property owner
communications.
Public Education /Outreach Program
LEG will be responsible for leading those tasks related to the Public
Education /Outreach Program. The firm's effective community outreach and education
strategies carefully consider the following factors:
Proposal to the City of Arcadia to Re- ballot for a Citywide Lighting District
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State Budget Crisis and National Recession
As we are all aware, the State is in its own continuing multi - billion dollar budget crisis
— despite the May 19th Special Election, there will be no easy resolution, soon. In
addition, the national economy is really suffering. Though the City's most recent
lighting assessment attempt failed by a very small margin, the volatility of the external
economic environment has shifted dramatically in the last four months since those
ballots were tabulated. The voter environment for revenue measures has worsened
due to the State's budget dysfunction and anger over the State sales tax increase and
AIG issues. This volatile environment necessitates a straightforward but
comprehensive Communications Outreach Strategy. Ideally, if it is within the City's
budgetary parameters, cost - effective public opinion research (polling) is strongly
recommended to assess the City's feasibility during this difficult period.
Potential Messaging Opportunities
The following nuances are opportunities that the City may be able to take advantage
of. It is imperative that any messaging be simple, straightforward, and easy to
understand.
• Though this may be a new assessment for some property owners, this is
NOT a new tax, but an update and extension of an existing local revenue
source. This message needs strong emphasis.
• The proposal being put forward by the City not only increases the City's
contribution to lighting costs, but also creates an equitable system for all
property owners to ensure all owners are treated fairly.
• Though most of our cities are use to sharing only good or helpful information
with their constituents, it is imperative that "what's at stake" be defined.
Without engaging in inappropriate or ineffective scare tactics, the City will
need to straightforwardly state that other services are at risk for
elimination or reduction if this local revenue source is not renewed.
• We would strongly recommend the use of fiscal accountability
messaging and assurances to the public that the money will be spent
properly.
LEG will work with the City to design a focused Public Education /Outreach Program
that effectively updates property owners, responds to their questions, and
straightforwardly communicates the information that property owners need.
In general, LEG recommends carefully reviewing a list of targeted key influentials,
civic /neighborhood /homeowner association leaders, elected officials, and large
property owners from whom we need to expand understanding and awareness of this
assessment engineering and balloting project.
Proposal to the City of Arcadia to Re- ballot for a Citywide Lighting District
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The proposed District will incorporate all properties within the City and will consist of
approximately 16,500 parcels. Prior work on this project has yielded the following
work products and findings:
• A district structure of three benefit zones based on proximity to local street
lights and the level of special benefit received from the City's street lighting
system;
• Estimate of the corresponding assessments associated with each zone;
• Estimated assessments and the specific zone designation for each parcel;
• Appropriate approach and reasonable cost allocation for a citywide district;
• District budget incorporating anticipated annual maintenance cost, long -term
funding needs as well as incidental expenses; and
• Method of apportionment.
Building upon our prior work, the following provides our proposed scope of services
and fees to assist the City of Arcadia with re- balloting property owners within the
boundaries of the proposed citywide district, which will include re- evaluating and
possibly modifying the method of apportionment and annual budget, in order to
enhance the chances for a successful formation.
Furthermore, we have included a public relations firm to our project team to prepare
and execute a more concentrated public outreach effort, in order to garner property
owner support for this project. While nobody can guarantee or predict the outcome of
a property owner balloting (particularly a citywide effort), the use of appropriate public
outreach mechanisms to communicate with property owners coupled with a sound
and simple assessment approach, clearly improves the chances for success
particularly when there is a united and strong support of the City Council.
Q
Assessment Engineering and Balloting Services
1. Consult with City staff and LEG to determine the most appropriate project
timeline and discuss possible changes to the district budget and method of
apportionment that would enhance the chances for a successful balloting. We
anticipate up to five (5) meetings with City staff and team members.
2. Throughout this project, Willdan will coordinate and work with the Lew
Edwards Group (LEG), the designated public relations firm for this
engagement. Willdan will also relay background information and insight in
regard to the initial Arcadia Citywide Lighting District formation proceedings
and the public outreach tools utilized during this effort. Seamless support from
both firms will be provided to the City of Arcadia.
3. Review the previously created district assessment database that contains all
benefiting properties within the proposed district. Willdan will use the base
electronic assessment data and zone structure that was previously developed
and, as warranted, incorporate updated property changes, as well as
ownership and mailing information. Changes will be based on the July 2009
secured roll data. When finalized, this parcel specific data will be used to
generate the assessment roll for the Engineer's Report, a mailing database
for public outreach efforts, and the notice and ballots for the proposed
Proposal to the City of Arcadia to Re- ballot for a Citywide Lighting District
WILLDAN
Financial Services
assessment to be mailed to each affected property owner. If requested, we
will provide the City with a copy of this database.
4. Assist City staff with the review of the proposed district budget that ensure
accurate accounting cost recovery, maximum cost -to- benefit equity, and long-
term financial stability. While this budget should address adequate funding for
annual maintenance costs; anticipated facility rehabilitation and replacement
costs; and incidental expenses related to the administration and operation of
the proposed district's improvements, possible reductions in the budget may
be considered to improve the changes for success. Willdan can help with the
preparation of unit cost figures for most district operations and maintenance, if
necessary.
While Willdan will prepare draft budgets for the proposed assessment based
on cost information provided by the City and appropriate calculations that are
applied throughout the proposed district for determining administration and
rehabilitation /renovation programs allocations, it is ultimately the City's
responsibility to confirm that the draft budgets and estimated expenses are
appropriate for the district and the City's long -term revenue needs.
5. Based on the documents and information provided by the City, we will review
the improvements and properties within the district to ensure that the current
or modified method of apportionment and allocation of the district net costs
provide a reasonable special benefit nexus to all properties within the district.
6. Willdan will prepare the Engineer's Report for this project that addresses the
citywide district specifically and incorporates the findings and
recommendations identified in Steps 1 through 4. In accordance with the
Landscaping and Lighting Act of 1972 and Proposition 218, Willdan will
prepare the Engineer's Report for the proposed assessment and
modifications (if applicable) that will be presented to the City Council,
including the following items:
• Plans and specifications that describe the ongoing maintenance and
operation of the street light improvements to be maintained.
• Method of apportionment that outlines the special benefit conferred on
properties within the proposed district from the maintenance and the
calculations used to establish each parcel's proportional special benefit
assessment, as well as a description of the assessment range formula, if
applicable, that establishes the maximum assessment rate in subsequent
fiscal years.
• The budget that outlines the costs and expenses to provide maintenance,
including incidental expenses authorized by the 1972 Act.
• The original map that identifies the boundaries of the proposed citywide
district.
• The assessment roll which contains each of the Assessor Parcel
Numbers and their proportional maximum assessment.
• An affidavit stating the report has been prepared by a professional
engineer.
• We will work closely with City's legal counsel to ensure the special benefit
nexus is compatible with current case law.
7. Prior to the scheduled Intent Meeting, Willdan will provide the City with an
electronic copy of the Engineer's Report for City staff review and comment.
When finalized with City staff, a final electronic version of the Report will be
provided to the City that the City Clerk may incorporate into the City Council's
Proposal to the City of Arcadia to Re- ballot for a Citywide Lighting Distract
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agenda package. The proposed assessment roll that is typically incorporated
into each Engineer's Report may be provided to the City as a separate
document or electronic file.
8. Prepare resolutions for the Intent Meeting and Public Hearing.
• Intent Meeting Resolutions — Resolution Initiating Proceeding; Resolution
Adopting the Engineer's Report; Resolution of Intention (that sets the
Public Hearing and calls for mailed ballots).
• Public Hearing Resolutions — Resolution Declaring Results of the
Balloting; Resolution Approving the Engineer's Report and Assessment
Diagram; and Resolution Forming the citywide districts and Confirming
the Levy and Collection of Assessments.
Willdan will provide the draft resolutions to City staff prior to the City Council
agenda deadline for City review and comment. All draft resolutions should be
reviewed by the City Attorney for form and content prior to finalizing these
documents for City Council action.
9. At the City's request, Willdan will review and comment on the staff reports
prepared by the City in connection with the proposed assessment
proceedings (Intent Meeting and Public Hearing staff reports).
10. After the initial presentation to the City Council (Intent Meeting), if necessary,
update the Engineer's Report to reflect changes ordered by the City Council
prior to the Public Hearing.
11. This project will require a single mailing of a notice of Public Hearing and a
ballot to each of the affected properties. Willdan will prepare and mail notices
and ballots in accordance with the requirements of the California Constitution
Article XIIID. Although the language of the notices and ballots must comply
with the requirements of the Constitution and current case law, Willdan will
work with the City's legal counsel and LEG to simplify these documents in an
effort to address the concern regarding the previous notice and ballot being
too complicated.
Willdan will use the latest property owner information from the County
Assessor's Office secured roll and, as warranted, incorporate updated
ownership and mailing information provided by the City. Prior to mailing, we
will forward final drafts of the notices and ballots to the City for review and
comment. Notices and ballots shall be mailed to property owners of record at
least 45 days prior to the Public Hearing.
Willdan will be responsible for preparing and coordinating the mail merge,
printing and first -class mailing of the notice and ballots. It is anticipated that
the printed piece will be in black and white format and will consist of a single
page (double- sided) for the notice and a single page (double- sided) for the
ballot, along with a return envelope. However at the City's request and the
approval of legal counsel, the mailing of these documents may be printed in
color and /or include additional information or pages.
The cost of printing, supplies and postage expenses associated with the
mailing will be invoiced to the City. We will not be responsible for tracking or
updating addresses or re- mailing any undeliverable notices and ballots.
However, at the City's request, we will research and re -mail such documents
on a time and material basis.
Proposal to the City of Arcadia to Re- ballot for a Citywide Lighting District
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12. Willdan will attend the Public Hearing before the City Council regarding the
proposed assessment and under the authority of the City Clerk assist with the
tabulation of the assessment ballots.
13. At the scheduled Public Hearing, Willdan will provide the City with two (2)
bound copies of the fully executed Engineer's Report (signed copies that
include the proposed assessment roll). One copy of the bound report is for the
City Clerk's records, the other for City staff.
14. We will be available by telephone to answer questions from City staff
regarding the formation of the citywide during the course of this project.
City Responsibilities
The City of Arcadia will prepare or provide the following, if necessary:
• As needed, provide pertinent documentation associated with the
maintenance, improvements, and budget information including, but not limited
to, estimated renovation and installation costs, projected annual maintenance
expenses, possible capital expenditures to be funded by the assessments,
City overhead, available funding from other sources that may be used to
offset costs, as well as any legal opinions or comments associated with this
project.
• Prepare all internal memos, staff reports and other supporting documents
necessary for City Council agendas.
• Arrange for any required publications notice of Council meetings or Public
Hearings in the local newspaper.
• Review the draft reports and resolutions before the final documents are
prepared for the Council packets. This review will most certainly include City
staff but should be closely reviewed by the City's legal counsel. Requested
changes shall be submitted to Willdan in writing.
• The City of Arcadia acknowledges that Willdan shall rely upon the accuracy of
the information provided by the City and the County and agrees that Willdan
shall not be liable for any inaccuracies contained in such information.
Legal opinions. In preparing the Engineer's report, resolutions, notices and ballots,
Willdan will provide our professional expertise. Since we do not practice law, we ask
that your City Attorney, or other designated counsel, review the documents. We will
assist your attorney in identifying any pertinent legal issues.
Public Education /Outreach Program
LEG will lead the work plan outlined below in regard to the Public Education /Outreach
Program. Willdan will be available and provide assistance as needed during this
phase of work.
1. Review the City's current/past community education efforts. Review the
City's current/past community education efforts, including media clips from the
prior lighting assessment ballotings, and confer with Willdan and the City to
gain first -hand understanding of what occurred and to assess current and
past public education /outreach efforts.
2. Implement the Public Education /Outreach Program.
a. Direct Mail. LEG typically recommends that a direct mail program be
implemented as an effective way to effectively inform property owners.
Typically these are simple, user - friendly brochures or letters.
Proposal to the City of Arcadia to Re- ballot for a Citywide Lighting District
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Based on the City's recent ballot results, a minimum of three and as many as
five City- sponsored, informational mailers are strongly recommended — not
including the notice and ballot package.
The decision on the level and duration of the City's investment is properly
made following initial strategy discussions between Willdan, LEG and the
City. As these are City- sponsored materials, no "targeting" is permissible that
would favor audiences more inclined to be supportive of the assessment (e.g.,
it is not possible to mail only to single - family owners who the past mail ballot
showed were more likely to favor the measure).
b. Media /Internet. We recommend placing informational update stories in local
paper(s). LEG will draft press releases and guest columns to ensure effective,
balanced coverage. Other communications vehicles include the City's
website, community television, or existing publications. LEG will draft copy
and text to update each of the City's existing communications vehicles.
c. Speakers' Bureau Outreach. LEG also recommends a Speakers' Bureau
Outreach plan strategically directed to key organizations in the City, and the
development of a Speakers Bureau Toolkit that will include items such as a
short PowerPoint presentation; Frequently Asked Questions (FAQ) handout;
and Speakers' Training Manual, including presentation tips, key messages,
and helpful hints. LEG will provide Speakers' Bureau training to City
messengers.
d. Community Messengers. Advise the City on the best ways to engage the
participation of select opinion leaders and stakeholders, including recognized
leaders in property or homeowner associations, business leaders,
representatives of senior, civic, and even taxpayer advocates, who can also
be visible to property owners in addressing the City's lighting and fiscal
needs.
e. Rapid Response Needs. LEG will redirect message points and materials to
assist in rapid response to problematic media or citizen inquiries as
necessary. LEG experts will be available to craft appropriate rapid responses
as necessary to address changing external nuances or unforeseen problems.
3. Provide additional strategic advice. LEG will confer with Willdan and the
City Attorney to ensure the balloting package is readily understandable to the
average property owner. Catherine Lew is a member of the California State
Bar, and her legal background has allowed her to enjoy a strong and effective
collaboration with client City Attorneys.
Toward this end, LEG's products will be carefully and strategically crafted in
close collaboration with Willdan and the City Attorney, ensuring that any
material issued by the City is legally permissible and beyond reproach.
Proposal to the City of Arcadia to Re- ballot for a Citywide Lighting District
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Fee for Services
The Willdan project team will perform the services described in the Scope of Services
for the proposed amounts detailed in Exhibit 1.
Z
Assessment Engineering and Balloting Services
• Our fee will not be contingent on the outcome of the formation of the
proposed citywide district.
• The fees identified above DO NOT include direct expenses, such as printing,
postage and processing, associated with the mailing of the notices and
ballots. Based on previous mailing costs we recommend the City budget
$12,500 for this mailing.
• Telephone conference calls are not considered meetings and are not limited
by our proposal.
• Additional services, including additional meetings, may be authorized by the
City and will require an additional fee. The fee to attend meetings, in addition
to the five (5) outlined in the initial portion of the work plan, is $1,140 per
meeting.
• We will bill the City monthly based on percent of the project completed by
task.
• As part of the mailing process, related to notices, ballots and public outreach
materials, postage must be paid in advance to the mailing house before they
will proceed with the mailing. Willdan will provide a postage estimate to City
staff in order to receive funds prior to the mailing. Any remaining unused
postage will be applied toward payment against our next regular invoice for
services, including other mailing costs.
Public Education /Outreach Program
• The Lew Edwards Group does not charge on an hourly basis. Out -of- pocket
expenses such as consultant travel, teleconferencing and messenger
expenses are in addition to our fee. We recommend a not -to- exceed budget
of $3,000 for these items. Only those expenses actually incurred will be
invoiced.
• The fee(s) denoted in Exhibit 1, under the heading "Public
Education /Outreach Program" is the City's cost to retain LEG's professional
expertise and does not include hard project costs associated with the project,
such as polling if the City opts to conduct it, or the direct mail program (bulk
postage, graphics, printing and mailhouse services). These items are project
costs that are in addition to our fee.
Proposal to the City of Arcadia to Re- ballot for a Citywide Lighting District
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M LEG recommends budgeting $47.5OU for three mailers of various
specifications, hobe mailed to approximately 16.5DO parcel owners.
2 Direct mail costs are due and payable per mailer, upon delivery to the US
Postal Service.
Additional Services
Additional services may be authorized by the City and will be billed at our then-current
hourly overhead consulting rates. Our current hourly rates are:
Willdan Financial Services
Hourly Rate Schedule
Position Hourly Rate
3r, ger
Proliect Manag�-.,r
14 5)
Senior P,-oiectAnaivst
Senior Analyst
S 120
Analyst
Proposal to the City of Arcadia to Re-ballot for a Citywide Lighting District 10
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Senior professionals have been selected for the City of Arcadia's project. We are
confident that the Willdan Team has the depth of experience that will successfully
fulfill the City's desired work performance.
Mr. Chris Fisher, Principal Consultant, will serve as principal -in- charge. His
responsibilities will include leading and directing consultant tasks related to this
engagement, overseeing the quality of work products and assuring timely completion
of the project. He will also provide quality control for work products and ensure
deliverables are completed on time and within budget. Mr. Fisher is one of our lead
consultants and technical advisors for special district formations.
Mr. Jim McGuire, Senior Project Manager, will serve as technical advisor for this
engagement. He will share his knowledge regarding the City of Arcadia and the
proposed Arcadia Citywide Lighting District to the project team.
Analytical support necessary to complete this study will be identified upon notification
of award. Our staff analysts have the necessary qualifications and expertise to assist
on the City of Arcadia's engagement.
Our colleagues from The Lew Edwards Group will be assigned those tasks related to
the public education /outreach program. Ms. Catherine Lew, President/CEO, Ms.
Bonnie Jean von Krogh, Senior Association, and Ms. Jessica Reynolds, Senior
Vice President/LLAD Specialist, will be responsible for carrying out the work plan
necessary to complete this effort.
Proposal to the City of Arcadia to Re- ballot for a Citywide Lighting District 11
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City of Solana Beach — Formation of Assessment District Nos.: 2005 -1 (Barbara -
Granados), 2005 -2 (Pacific), and 2008 -1 (Marsolan Avenue): For these three
separate utility undergrounding assessment districts, Mr. Fisher coordinated Willdan's
efforts for the completion of the Engineer's Reports and documents necessary for the
formation of the districts, and coordinated with the City's consultant to manage the
project through to completion and conduct public outreach efforts, including public
presentations of project details and background.
City of Cathedral City — Cathedral City Cove Improvement District No. 2004 -02:
For this $39 million sewer and street improvement project, encompassing over 1,500
existing homes and businesses, Mr. Fisher coordinated the activities of engineers and
financial analysts at Willdan, and coordinated with the City's outreach consultant and
a mailing house, to complete the necessary outreach efforts and mailing of ballot
materials to properties in the district. The project stretched over 18 months, and
included over 15 meetings with City staff and other consultants to coordinate phases
and tasks for the project.
City of Burlingame — Storm Drain Fee Implementation: Worked with City staff and
a diversified consulting team, including a polling consultant and a community
outreach /public communication firm to complete the following project elements:
completion of an engineering analysis for a technically -based property -based storm
drain fee; worked concurrently with the polling consultant to coordinate a
comprehensive poll of property owners and residents in the City, and finally, worked
Proposal to the City of Arcadia to Re- ballot for a Citywide Lighting District 12
Chris sh er
Princ;P .a 1 -In-C large
Education
San Francisco State
Chris Fisher will serve as the principal -in- charge for the City of Arcadia's re- balloting
University, Bachelor of
project. Mr. Fisher has worked with several cities in developing and /or re- engineering
Science, Finance
their citywide districts for compliance with the provisions of the California Constitution
and worked extensively on projects requiring ballot proceedings for new or increased
Areas of Expertise
assessments. Furthermore, he has been assigned this role due to his experience in
Multi- disciplinary Team
Management
managing multi - disciplinary project teams.
Special District
Presently, Mr. Fisher is a Principal Consultant with the Financial Consulting Services
Formations
group at Willdan Financial Services. With more than ten years experience at Willdan,
he has managed an array of financial consulting projects for public agencies
Client Presentations
throughout California, coordinating the activities of resources within Willdan, as well
as those from other firms working on these projects. Mr. Fisher is one of the firm's
Proposition 218
leading experts for special district financing related to public infrastructure,
maintenance and services, including public safety.
Affiliations
California Society of
Municipal Finance Officers
Project Experience
City of Moreno Valley — Community Facilities District No. 7, Storm Drain and
Municipal Management
Street Improvements: As the project manager for this effort, Mr. Fisher oversaw the
Association of
formation of a Community Facilities District to finance the construction of storm drain
Northern California
and street infrastructure improvements for an industrial /warehouse project in the City.
California Municipal
In this role, Mr. Fisher developed the overall project approach to achieve the City's
Treasurers Association
objectives, coordinated the activities of Willdan staff, and was responsible for quality
control and delivery of draft and final work products. He also coordinated with
.0 Fears Experience
developers for the project, and their consultants, to gather the data and
documentation necessary to complete the analysis and prepare the formation
documents and reports.
City of Solana Beach — Formation of Assessment District Nos.: 2005 -1 (Barbara -
Granados), 2005 -2 (Pacific), and 2008 -1 (Marsolan Avenue): For these three
separate utility undergrounding assessment districts, Mr. Fisher coordinated Willdan's
efforts for the completion of the Engineer's Reports and documents necessary for the
formation of the districts, and coordinated with the City's consultant to manage the
project through to completion and conduct public outreach efforts, including public
presentations of project details and background.
City of Cathedral City — Cathedral City Cove Improvement District No. 2004 -02:
For this $39 million sewer and street improvement project, encompassing over 1,500
existing homes and businesses, Mr. Fisher coordinated the activities of engineers and
financial analysts at Willdan, and coordinated with the City's outreach consultant and
a mailing house, to complete the necessary outreach efforts and mailing of ballot
materials to properties in the district. The project stretched over 18 months, and
included over 15 meetings with City staff and other consultants to coordinate phases
and tasks for the project.
City of Burlingame — Storm Drain Fee Implementation: Worked with City staff and
a diversified consulting team, including a polling consultant and a community
outreach /public communication firm to complete the following project elements:
completion of an engineering analysis for a technically -based property -based storm
drain fee; worked concurrently with the polling consultant to coordinate a
comprehensive poll of property owners and residents in the City, and finally, worked
Proposal to the City of Arcadia to Re- ballot for a Citywide Lighting District 12
WILLDAN
Financial Services
with the outreach consultant, and the rest of the team and City staff, to develop
strategies for public communication and education for the proposed fee, incorporating
elements of the technical engineering study, and the polling results.
City of Palm Desert — Assessment District 2004 -01 and Benefit Assessment
District No. 1 Formation Proceedings: In collaboration with Willdan engineers and
financial analysts, consultants of the City, and with various developer consultants
representing five different development entities, Mr. Fisher coordinated the formation
of two assessment districts for this mixed -used project in the City of Palm Desert. The
primary bonded assessment district was formed to finance approximately $38 million
in backbone public infrastructure improvements, including streets, sewers and storm
drains. The secondary district was established to provide for ongoing maintenance of
the storm drain facilities. This effort included coordination with City staff and a diverse
project team composed of City consultants, along with developer /land owners and
their consultants. These formations required the preparation of draft and final
Engineer's Reports for the districts, along with related documentation and analysis,
and presentation of these items to the Palm Desert City Council.
Proposal to the City of Arcadia to Re- ballot for a Citywide Lighting District 13
Wl LLDAN
Financial Services
Jim Ere
echnicai ,advisor
Education Jim McGuire will serve as technical advisor of this engagement. He has been selected
Bachelor of Science, for this role due to his extensive experience with special district methodologies,
University of California, Proposition 218 procedures and requirements, and hands -on public education efforts.
Irvine Mr. McGuire will also share his prior knowledge regarding the City of Arcadia and the
proposed Arcadia Citywide Lighting District.
Areas of Expertise
Special District Formation
Currently, Mr. McGuire is a Senior Project Manager in the Financial Consulting
and Administration
Services group. He specializes in district administration and the formation of various
City of Atascadero
special districts, such as 1972 Act Landscaping and Lighting Districts, Community
Parcel and Property-
Facilities Districts, and Benefit Assessment Districts for streets and storm drain
related Revenue Audits
facilities, Property and Business Improvement Districts, as well as parcel and
City of Fillmore
property- related revenue audits. Mr. McGuire is one of Willdan's lead technical
Feasibility Studies
advisors for Proposition 218 re- engineering evaluations, fiscal analyses, cost recovery
Proposition 218
studies and long -term strategic planning for maintenance districts.
17 Years Experience Mr. McGuire has over 17 years of experience working with the public and local
governments on special districts. His experience has included study sessions for staff
and City Councils, along with facilitation and technical support for advisory
committees and property owner workshops.
7kelated Experience
Formation and Strategic Planning Service
Mr. McGuire's recent clients include:
•
City of Arcadia
•
City of Atascadero
•
City of Chico
•
City of Fairfield
•
City of Fillmore
•
City of Glendale
•
City of Indio
•
City of La Quinta
•
City of Murrieta
•
City of Palm Desert
•
City of Paso Robles
•
City of Palm Springs
•
City of Rancho Mirage
•
City of Rialto
•
City of Richmond
•
City of Riverbank
•
City of Temecula
•
City of Thousand Oaks
•
City of Tracy
•
City of Vallejo
Proposal to the City of Arcadia to Re- ballot for a Citywide Lighting District 14
WILLDAN
Financial Services
Ms. Lew and her team of experts are frequently sought -after trainers and speakers for
local leadership organizations and advocacy groups such as the League of California
Cities, California School Board Association, California Municipal Treasurers
Association, Local Government Commission, Coalition for Adequate School Housing,
Institute for Local Government, and Community College League of California.
Proposal to the City of Arcadia to Re- ballot for a Citywide Lighting District 15
Catherine s Esq.
P v °s^
Education
Catherine Lew, a co- founder and President/CEO of The Lew Edwards Group, has
University of California,
been proposed for the City of Arcadia's public relations team due to her experience
Berkeley
within the City. This experience includes her role in the provision of an overall strategy
for the winning Arcadia Unified School District Measure I District Preparation and
University of San
Political Campaign, securing $218 million in improvements for local schools.
Francisco School of Law
Areas of Expertise
Ms. Lew is a premier consultant in California providing campaign management
Campaign Management
services, communications and political strategy, and strategic advice to cities,
Services
counties, special districts, transportation, K -12 school and community college districts,
and other public agencies, as well as private sector and nonprofit clients.
Communications and
Political Strategy
Ms. Lew has three decades of experience in the communications and political arena.
P
She is a veteran of over 500 political campaigns; many of them have been difficult
Affiliations
two- thirds requirement public tax measures.
California State Bar
Project Experience
3C Years Experience
Ms. Lew has represented the following clients:
• Palomar Pomerado Health District ($496 Million)
• Los Angeles Unified School District ($18 Billion)
• El Camino Community College District ($394 Million)
• City of Bellflower
• City of Escondido
• City of Gardena
• City of La Mesa
• City of South Gate
• City of Torrance
• City of Vista
• City of West Hollywood
Ms. Lew and her team of experts are frequently sought -after trainers and speakers for
local leadership organizations and advocacy groups such as the League of California
Cities, California School Board Association, California Municipal Treasurers
Association, Local Government Commission, Coalition for Adequate School Housing,
Institute for Local Government, and Community College League of California.
Proposal to the City of Arcadia to Re- ballot for a Citywide Lighting District 15
Areas of Expertise
Media Relations
Communications and
Coalition Building
Candidate, Municipal,
School and Hospital
District Campaigns
Affiliations
San Francisco Women's
Political Committee
%Wi LLDAN
Financial Services
Bonnie Jean von Krogh
Senior Associate
Education Frc ect Management Ser°�rices
Bonnie Jean von Krogh, a Senior Associate at The Lew Edwards Group, brings a
strong background in media relations, communications and coalition building to her
clients as well as a strong track record of success in winning tough revenue
campaigns. She has been selected as a member of the City of Arcadia's public
relations team due to her prior experience with the City, which includes Measure I for
the Arcadia Unified School District.
Ms. von Krogh has directed tough candidate, municipal, school and hospital district
campaigns throughout California for the firm, including successful revenue measures
on behalf of the cities of Inglewood, Gilroy, and Pasadena and bond measures for
Arcadia Unified School District and Fontana Unified School District.
Offering experience and expertise in media communications, Ms. von Krogh has
aided political candidates, public agencies, and labor unions represented by LEG in
developing effective print and electronic media message campaigns, creating
communications programs to support coalition building, engaging in message and
media training, and advising on how to address "new media" or rapid response needs.
Prior to joining LEG, Ms. von Krogh served on the Kerry- Edwards campaign national
advance staff, specifically working with the national traveling press corps and local
media outlets. She has also worked as a freelance writer and researcher contributing
to technology and biotech journals and in product marketing at a bioinformatics
startup.
A well- respected and experienced Bay Area activist and organizer, Ms. von Krogh
currently serves on the Advisory Board of the San Francisco Women's Political
Committee, where she works to advance the empowerment of women candidates and
issues.
Proposal to the City of Arcadia to Re- ballot for a Citywide Lighting District 16
Jessica a of ,
Senior Vice Presid -ni'LL AD SiDeciaiist
Advisory Services
/:. W! LLDAN I
Financial Services
Areas of E "Pertise ' As Senior Vice President, Jessica Reynolds provides high level political consulting
High Level Political and strategic planning to assist clients with their communication and public affairs
Consulting and Strategic needs and to ensure successful election outcomes. Ms. Reynolds will provide added
Planning value in working with the project team as needed on the community wording of
balloting materials.
Prior to joining the Lew Edwards Group, Ms. Reynolds served as President of Grand
Parameter LLC, a prominent political consulting, communications and government
relations company based in Northern California. Clients benefit tremendously from her
expertise in creative design, strategic political consulting, coalition building, and event
planning.
Ms. Reynolds has held multiple senior positions in the California State Assembly,
where she served as Creative Director to Speaker Emeritus Robert M. Hertzberg. She
previously served Speaker Hertzberg as his Special Assistant and was Chief of Staff
for Assemblyman Simon Salinas (D- Salinas) during 2001. Ms. Reynolds was a senior
staff member at Assembly Democratic Leadership 2000, where she held critical
campaign roles in the successful central operation that helped to elect 47 Democrats
to the Assembly.
Ms. Reynolds was the Legislative Instructor and Creative Director for the CAPITOL
Institute from 1999 -2000, where she helped to develop the core curriculum for
freshman Assembly member orientation and a comprehensive, now- mandatory, staff-
training program. In implementing these new classes on legislative policies and
procedures she trained more than 300 staff members from both Capitol and District
offices.
Ms. Reynolds is the veteran of scores of state, initiative, and local campaigns. As a
senior member and consultant of the LEG team, her clients benefit significantly from
her previous hands -on experience as a campaign manager, field director, volunteer
coordinator, fundraiser and all- around campaigner.
Ms. Reynolds has provided high -level strategic services to the Mt. San Antonio
Community College District and Santa Monica — Malibu Unified School Districts and
the cities of Hermosa Beach, Inglewood, Manhattan Beach, Redondo Beach, San
Ramon, and Santa Monica, among others. She is currently advising the cities of
Burlingame and Emeryville on their assessment mail ballots.
Proposal to the City of Arcadia to Re- ballot for a Citywide Lighting District 17
Exhibit `B"
SCHEDULE OF SERVICES
SERVICES SHALL BE PROVIDED FROM THE DATE OF EXECUTION THROUGH
ONE YEAR FROM THE DATE OF EXECUTION
"PLEASE SEE ATTACHED SCHEDULE OF SERVICES"
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Exhibit "C"
COMPENSATION
Compensation shall be based on time and materials spent in accordance with the following tasks,
not to exceed the total compensation listed:
ASSESSMENT ENGINEERING & BALLOTING SERVICES $50,800.00
The Total compensation shall not exceed the total listed without written authorization in
accordance with Section 3.3.4 of this Agreement.
SDPUB \S AKINS \744624.2
C -I