HomeMy WebLinkAboutC-4025(A) - PSA for On-Call Underground Utility Assessment District and Inspection ServicesPROFESSIONAL SERVICES AGREEMENT WITH
WILLDAN GROUP, INC. FOR ON -CALL
UNDERGROUND UTILITY ASSESSMENT DISTRICT,
ENGINEERING, AND )NSPECTION SERVICES
THIS AGREEMENT is made and entered into as of this �d� �1 day of
r:}af ue� 2008, by and en the g" OF NEWPORT BEACH, a Municipal
Corporation ( City"), and iIW Idl %4 ra California corporation whose address is
2401 East Katella Avenue, Suite 450, Anaheim, California 92806 ( "Consultant "), and is
made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City has a need for on -call assistance for Underground Utility Assessment
District, Engineering, and Inspection Services.
C. City desires to engage Consultant to perform on -call underground utility
assessment district, engineering and inspection services throughout the City on
an as need basis ( "Contract ").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Contract shall be Lisa
Perna, P.E.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30th day of June, 2012, unless terminated earlier as set forth
herein.
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2. SERVICES TO BE PERFORMED
Consultant shall provide "On -Call" Underground Utility Assessment District,
Engineering, and Inspection services as described in the Statement of
Qualifications attached as Exhibit "A." Upon verbal or written request from the
Contract Administrator, Consultant shall provide a letter proposal for services
requested by the City (hereinafter referred to as the "Letter Proposal "). The
Letter Proposal shall include the following:
A. A detailed description of the services to be provided;
B. The position of each person to be assigned to perform the services, and
the name of the individuals to be assigned, if available;
C. The estimated number of hours and cost to complete the services; and
D. The time needed to finish the specific project.
No services shall be provided until the Contract Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed,
Consultant shall diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Contract, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Contract Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Contract Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by telephone, fax, hand - delivery or mail.
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4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to - exceed
basis, in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit "B" and incorporated herein by
reference.
No rate changes shall be made during the term of this Agreement without the prior
written approval of the City. Consultant's compensation for services performed in
accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as
approved by the Contract Administrator. Any Letter Proposal that sets forth fees in
excess of Fifty Thousand Dollars and No Cents ($50,000.00) shall require a
separate Professional Service Agreement approved by per Council Policy F -14.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person and /or classification of employee who performed the work, a
brief description of the services performed and /or the specific task in the
letter proposal to which it relates, the date the services were performed,
the number of hours spent on all work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant
no later than thirty (30) days after approval of the monthly invoice by City
staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in the Letter Proposal. Unless otherwise approved,
such costs shall be limited and include nothing more than the following
costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement and the Letter Proposal, which have been approved in
advance by City and awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Contract, but which is not included within the Letter
Proposal and which the parties did not reasonably anticipate would be
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necessary. Compensation for any authorized Extra Work shall be paid in
accordance with the Schedule of Billing Rates set forth in Exhibit B.
CONTRACT MANAGER
Consultant shall designate a Contract Manager, who shall coordinate all phases
of the Contract. This Contract Manager shall be available to City at all
reasonable times during the Agreement term. Consultant has designated Lisa
Penna to be its Contract Manager. Consultant shall not remove or reassign the
Contract Manager or any personnel listed in Exhibit A or assign any new or
replacement personnel to the Contract without the prior written consent of City.
City's approval shall not be unreasonably withheld with respect to the removal or
assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Contract any of
its personnel assigned to the performance of services upon written request of
City. Consultant warrants that it will continuously furnish the necessary
personnel to complete the Contract on a timely basis as contemplated by this
Agreement.
ADMINISTRATION
This Agreement will be administered by the Public Works Department. Michael
J. Sinacori, P.E. shall be the Contract Administrator and shall have the authority
to act for City under this Agreement. The Contract Administrator or his /her
authorized representative shall represent City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
CITY'S RESPONSIBILITIES
in order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
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Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced "personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further 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 and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner relate (directly or indirectly) to
the negligence, recklessness, or willful misconduct of the Consultant or the acts
or omissions of its principals, officers, agents, employees, vendors, suppliers,
consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any award of
attorney's fees in any action on or to enforce the terms of this Agreement. This
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indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Contract Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Contract.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with City's Contract Administrator in advance of all critical decision
points in order to ensure the Contract proceeds in a manner consistent with City
goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Contract Administrator and /or his/her
duly authorized designee informed on a regular basis regarding the status and
progress of the work, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
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A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
1. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or 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 City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) 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.
2. 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, including without limitation,
contractual liability. If commercial general liability insurance 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.
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3. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
4. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
1. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
2. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
3. 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.
4. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
5. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
6. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
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written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
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reuse by City or others on any other project. Any use of completed documents
for other projects and any use of incomplete documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by City in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes the release of information.
OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
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accurate records with respect to the costs incurred under this Agreement and
any services, 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. All such records shall be
clearly identifiable. Consultant shall allow a representative of City to examine,
audit and make transcripts or copies of such records during regular business
hours. 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.
22. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant
shall not discontinue work as a result of such withholding. Consultant shall have
an immediate right to appeal to the City Manager or his designee with respect to
such disputed sums. Consultant shall be entitled to receive interest on any
withheld sums at the rate of return that City earned on its investments during the
time period, from the date of withholding of any amounts found to have been
improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and/or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Contract.
25. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination of
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this Agreement by City. Consultant shall indemnify and hold harmless City for
any and all claims for damages resulting from Consultant's violation of this
Section.
26. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Michael J. Sinacori, P.E.
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949 - 644 -3342
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at: �✓
Willdan�%�
2401 E. atella Suite 450
Anaheim, CA 92806
Phone: (714) 978 -8200
Fax: (714) 978 -8299
27. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provision, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days' prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
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satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports and other information
developed or accumulated in the performance of this Agreement, whether in
draft or final form.
28. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, regulations and permit requirements and be
subject to approval of the Contract Administrator and City.
29. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
30. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
31. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
32. 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.
33. 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.
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34. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FO
B y: �—
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST•/'
B V�r-e
Y
LaVonne Harkless,
City Clerk
CITndwardD.
R EACH
A Moration
By:
ic ,
Mayor
for the City of Newport Beach
CONSULTANT:
By:
P—lte;'6sob&
(CorporateOfficer)
Title: �>2 �I+GG r
Print Name: L%SA 1A. J2E 0tiX
By:�� A n
(Financial O icer)
Title: SGc2r�-r�,ey /Co�v�2ou,F/L
Print Name:
Attachments: Exhibit A - Statement of Qualifications
Exhibit B - Schedule of Billing Rates
f:\users\pbw\shared\agreements\fy 07-08\on-call services\willdan-munifinancial-ad on-call.doc
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proposal to the City of Newport each
On -Call Underground Utility
Assessment District Services
January 8, 2008
2401 E. Katella Avenue, Suite 450
Anaheim, CA 92806
(714) 978 -8200
www.willdan.com I www.muni.com
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MuniFinancial
W I LL!#N ® MuniFinancial
Serving Public Agencies
January 8, 2008
Ms. his Lee, P.E., T.E.
Senior Civil Engineer
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92658 -8915
Re: Willdan-MuniFinancial's Statement of Qualifications for On -Call Underground Utility
Assessment District Services
Dear Ms. Lee:
Willdan - MuniFinancial is pleased to submit this Statement of Qualifications (SOQ) to provide
financial consulting and construction services to the City of Newport Beach for the On -Call
Underground Utility Assessment District. We are ideally suited to support agency staff for the
following reasons:
• Longevity: 42 years of municipal service, including professional engineering and financial
consulting services to numerous Orange County cities, including: Irvine, Lake Forest, Fountain
Valley, Laguna Hills, Mission Viejo, Laguna Beach, Tustin, Newport Beach, Brea, Yorba Linda,
Anaheim and Huntington Beach.
• Depth of Experience: We are an industry leader in special district formation and administration —
and we pride ourselves on the collaborative spirit with which we approach our engagements.
• Experienced Project Team: With our expertise, we can provide a comprehensive approach to
your project. Our proposed services can be accomplished in a reasonable time period with an
exceptional level of service.
• Extension of Client Staff: We pride ourselves on working as agency staff. Many of our
personnel have served as public agency staff in the past and are fully appreciative of the needs,
difficulties and methods of operations that most agencies face when attempting to complete
projects. We believe this allows us to be more responsive and provide better service than our
competitors.
We are excited about this opportunity to provide the City of Newport Beach with the excellent service
for which Willdan - MuniFinancial are known. if you have any questions regarding the attached SOQ,
please do not hesitate to contact Mr. Chris Fisher, Principal Consultant, at 951 -587 -3582 or
chrisf @muni.com or Lisa Penna, P.E. at 714 - 978 -8200 or pgnna@willdan.com.
Sincerely,
WILLDAN -MUN IF1N ANCLAL
Lisa M. Penna, P.E.
Senior Vice President
2401 E. Katella Avenue ♦ Suite 450 ♦ Anaheim, CA 92806 ♦ 714- 978 -8200 ♦ 714- 978 -8299
• City of Newport Beach
On -Call Underground Utr Assessment District Services
Table of Contents
FirmBackground ...................................................................... ..............................1
LocalStaffing ............................................................................ ..............................6
Advance Notice Requirement ................................................... ..............................7
TeamMember Resumes .......................................................... ............................... 7
Related Projects and References .............................................. .............................15
Descriptionof Services ............................................................ .............................22
FeeSchedule .......................................................................... ............................... 27
w / WILLEIAN Page i
W Serving Public Agencies MuniFinancial
• City of Newport Beach
On -Call Underground UtilflAssessment District Services
Firm Background
Willdan, MuniFinancial, Arroyo Geotechnical, American Homeland Solutions, and Willdan Resource
Solutions comprise the five- company public service corporation that has grown from the 1964
establishment of Willdan Engineering, known today as WIL.LDAN Group, Inc. This group of
companies provides financial and economic consulting; civil and structural engineering; planning,
geology, and geotechnical engineering; environmental health and safety engineering and construction;
plus security consulting services for public sector clients throughout California and across the nation.
About Wilidan
Willdan is among the largest full - service civil engineering and planning
firms in the western United States. The firm has consistently been an
industry leader in providing all aspects of municipal and infrastructure
engineering, public works contracting, public financing, planning, building
and safety, and construction management. Currently we are ranked 136 on
the Engineering News Record list of the Top 500 Engineering firms.
Since 1964, Willdan has helped revolutionize the way consulting services
are provided by networking our offices. Our regional and satellite offices
are strategically located to offer local, focused service to the varied
demographics of our public agency customers. Willdan's organization
enables staff to efficiently communicate individual project challenges and
goals companywide, thereby utilizing all of Willdan's resources to deliver
the highest quality and most cost - effective product.
Willdan understands the unique nature of public agency needs and issues.
In addition to having many of our staff having served in management
positions at public agencies prior to joining Willdan, we have numerous
assignments with over 60% of the cities and counties in California for
building officials, city engineers, planning directors, traffic engineers, and
other public agency staff members.
This with our depth of experience, expertise, knowledge and resources,
Willdan is able to offer practical solutions that are timely and cost
effective, and that meet the needs of individual communities. The diversity of our staffs' experience is
an added value of our professional services.
About MuniFinancial
MuniFinancial was established June 15, 1988 and has the largest special district formation and
administration practice in the nation. We are also known as the pre- eminent municipal disclosure fain,
and a major provider of arbitrage rebate services. Our clients include cities, counties, state agencies,
port authorities, housing agencies, special districts and school districts in 38 states. Our staff of over 70
professionals acts as an extension of Agency staff, providing such services as:
• Financial studies to identify funding sources or to determine optimal utility rates, standby
charges and cost of services;
• Municipal disclosure reports preparation and dissemination;
• Arbitrage rebate calculations;
• Economic studies, such as fiscal analyses of new development, annexation and incorporation
studies and development impact fees;
• Administration of special taxes, assessments, standby charges and utility rates; and
• District formation services for capital project assessment/local improvement districts,
community facilities districts, landscaping and lighting districts, and special taxes.
IW WILLDAN Page 1
Serving Public Agencies MuniFinanCial
• City of Newport Beach
On -Call Underground UnivAssessment District Services
Muluffinancial's success is based on a corporate philosophy of personal service. We provide support
throughout the year — and for years after. Clients can be assured that we can be reached should any
questions or issues arise.
We serve as an extension of our clients' staff, augmenting existing personnel by providing specialized
expertise. In support of this, MuniFinancial staff members regularly write articles and conduct
presentations for local, state and national organizations. We hold client workshops, and conduct onsite
training throughout the year to assist clients in keeping abreast of the latest developments, while helping
new Agency staff understand our services.
MuniFinancial focuses on the following client base:
✓ State Agencies
✓ Counties
✓ Cities
✓ School Districts
✓ Special Districts
• Conununity Services Districts
• Recreation and Park Districts
• Water Districts
• Vector Control Districts
FINANCIAL CONSULTING SERVICES DIVISION
MumFinancial has been built on deep, continuing relationships with local government department staff.
With hundreds of ongoing client relationships in finance, engineering and other services, we have been
consistently called upon to assist staff with a range of special projects. In response to this need, the
Financial Consulting Services Division was created.
Our work incorporates excellent public communication strategies and skills. As voter approval
becomes the norm for revenue measures, we offer expertise in communicating persuasive information
to the targeted group, whether developers, land owners or the general electorate. We provide clearly
written report summaries, on -point public presentations and strong meeting facilitation skills.
The table below provides an overview of the services provided by the Financial Consulting Services
Division.
Development Infrastructure
Development Impact & Utility Connection Fees
Financing
Infrastructure & Public Facilities Financing
for Capital Facilities
Plans
Real Estate Market Analysis & Development
Capital Improvement Plans
Forecasts
Special District Formation
Community Facilities Districts, including
Proposition 218 Benefit Analysis
Special Tax Analysis
Landscaping and Lighting Act of 1972
Fire Suppression Districts
Benefit Assessment Act of 1982
Bridge & Thoroughfare Districts
1913/1915 Act Bonded Assessment Districts
Refunding Bond Analysis & Reporting '
Construction Acquisition Services
Notice & Ballot Preparation & Mailing
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Serving Public Agencies MuniFinancial
City of Newport Beach
On-Call Underground Uti Assessment District Services
Fees and Rate
User Fee Analysis
Studies
Utility Rate Modeling
Cost Allocation Studies
Budget Planning
Economic and Fiscal
LAFCO Annexation, Consolidation, or New
Policy Analysis
Financial Modeling, Budget Analysis, &
Governmental Agency Formation Studies
Feasibility Studies
Fiscal Impact Analysis of Projects, Plans, &
Economic Development & Economic
Policies
Impact Studies
COMMUNITY FACILITIES & ASSESSMENT DISTRICTS
MuniFinancial has successfully participated as
special tax consultant and in the role of assessment
engineer in diverse consultant teams for more than 600
districts in 100 -plus municipalities. These projects
involve district formations, consolidations,
annexations, workouts, refundings, parity bond issues
and other special projects.
As consultants who not only perform formation
services but also district administration, construction
acquisition, delinquency management, disclosure
services and arbitrage rebate calculations,
MuniFinancial is able to bring a long -term perspective
to the challenges facing local agency financing.
Community Facilities Districts
The Mello -Roos Community Facilities Act of 1982
authorizes formation of community facilities districts
(CFDs) to finance various public facilities through the
levy of special taxes against the area where said
services and/or facilities are being provided. Facilities
that can be provided under a (CFD) include the
purchase, construction, expansion, or rehabilitation of
any governmental facilities the agency is authorized to
construct, own, or operate and even some private
buildings or sites where seismic, fire safety, or
hazardous waste standards need to be met.
The statute can also fund the following maintenance and services:
• Police and fire protection, ambulance, recreation and library services; and
• Park parkways, open space operations and maintenance and flood control and storm drain
maintenance.
A community facilities district may be initiated by a petition or through legislative action. A noticed
public hearing is required and an election. The levy of a special tax and/or authorization to issue bonds
for long -term financing requires a favorable two - thirds vote of the registered voters residing within the
proposed community facilities district. However, if the district has less than 12 registered voters in its
1W WILLDAN Page 3
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Serving Public Agencies MuniFinanciai
. City of Newport Bench
On -Call Underground U1 Assest!ment District Services
boundaries, it two- thirds favorable vote of the property owners owning property in the district is
required.
1913/1915 Act Assessment Districts
The Municipal Improvement Act of 1913 is the most frequently utilized regulation for assessment
proceedings in California. It is ordinarily used in combination with the Improvement Bond Act of 1915
to allow bond financing of the levied assessment.'!he improvements authorized for construction by the
1913 Act include virtually any public infrastructure improvement with a life of more than five years.
However, as a result of their general benefit orientation. services such as school and fire are more
difficult to fund.
Under 1913 Act assessment proceedings, the improvement costs are levied against each of the
individual properties within the benefit area on the basis of the benefit each parcel receives from those
improvements. The property owner may pay the assessment amount in cash or allow a lien to be placed
on the property in the amount of the benefit assessment. Then the property owner may make payments
over a specified period typically varying between 10 and 25 years to retire the debt issued to pay for the
improvements. Through the issuance of tax - exempt bonds payable over a period of years, the property
owners are provided the advantages of a lien at a favorable interest rate for the improvements.
MuniFinancial, along with engineering assistance from Wilidan, an affmliatcd firm, acts as the
assessment engineer in the assessment district proceedings.
Landscaping and Lighting Districts (1972 Act)
The Landscaping and Lighting Act of 1972
authorizes cities to impose assessments on benefited
properties to finance construction of street
landscaping, street lighting, traffic signals, parks.
street trees, sidewalk repair, and recreational
improvements; as well as the maintenance and
servicing of any of these improvements. Formation
of a 1972 Act district is initiated by the legislative
body and requires a noticed public hearing and a
mailed ballot to property owners.
The cost of constructing these specific
improvements may be collected on a pay -as- you -go
basis or through bond financing where annual assessments pay off the debt over a period not to exceed
thirty years. In order to fund a larger capital improvement, proceeds may be held aside for a stated
number of years in certain circumstances. The annual assessments ate paid at the sane time and in the
sane manner as property taxes.
MuniFinancial approaches the formation, public hearing, balloting process and administration of
maintenance districts first by creating a successful long -term plan for community support. The core of
this approach is the knowledge that the property owner is also n customer alongside the client agency.
Street, Lighting and Storm Drain Districts (1982 Act)
The Benefit Assessment Act of 1982 is a mechanism that allows a local agency to levy an annual
assessment on all benefited properties within its jurisdiction for drainage, flood control, or street light
services. It also provides the only means available for a general law city to levy an annual benefit
assessment for street maintenance. Fach of these assessments is subject to the provisions of Proposition
218 requiring special benefit be established, a nailed ballot and public hearing.
1W W I LLDAN Page <
serraagPuNicAoendrs Wm-A Muni Fin aneial
• City of Newport Beach
On -Coll Underground Uttla Assessment 01strict Services
Once the authority to assess has been established, the annual assessments are levied by ordinance or
resolution. The authority to issue bonds is not included.
In general, maintenance and operation of drainage, flood control and street lighting services and/or the
installation of drainage facilities and/or the maintenance of streets, roads or highways may be funded
annually after the initial formation of a district. A district funding these services is formed after
adoption of a resolution of intention, mailed notice and ballot and a public hearing.
"usiness Improvement Districts
lunirmancial is experienced in the formation of Business
nprovcment Districts (BIDS) and in the maintenance of
t up-to -date database of all pertinent information related
each property and property owner in the district.
i the Bill formation process, MuniFnnncial will develop
database of all properties within the proposed district. As
xessary from various sources, pertinent information will
e gathered and updated. Maintained data includes owner
uric and address, land use, acreage, assessors parcel
amber and assessment criteria.
ire Suppression Districts
ombined with proposition 218, the government code
to levy an assessment for funding fire suppression
services if voter approval is received. The assessment can fund the purchase, operation and maintenance
of fare suppression equipment or apparatus; fire suppression personnel salaries and benefits-, and, in
some cases, even fire stations.
The assessment may be levied on any parcel, whether or not the service is actually used so long as
benefit can be demonstrated. The fare suppression asssessmcnt per parcel is based on the special benefit
received by the property assessed. The assessment engineer develops uniform schedules and rates from
which the maximum amount of annual assessment for any property may be determined. Benefit may be
based on the type of property use, the risk classification of the structures or other improvements on the
property, or the use of the structures on the property.
Furthermore. as a result of varying benefit, zones or
areas of benefit may be established within the
boundaries of the district to allow for varying
assessments.
Munirmancial is experienced in developing fire
suppression assessment methodologies, as well as
special taxes oriented toward fare facilities and
services. The special tax requitrs a two - thirds vote of
the registered voters within the Agency's boundary.
Proposition 218 Studies
Our firm has been in the forefront in proposition 218
compliance since the implementation in November
1996. We have gained approval of more than 100 LMDs in the past five years alone, all of which were
forced in compliance with proposition 218. These efforts have included preparing and mailing the
notices and ballots, providing comprehensive Engineer's Reports, preparing long -range financial
evaluations, and assisting with public workshops. and tabulation of the assessment ballots.
IW WILLDAN °8Qe s
saswweAgencies �MuniFnancial
City of Newport Beach
On -Call Underground Up Assessment District Services
With the passage of Proposition 218, new focus was placed on the assessment methodologies and
determination of benefit. This focus, coupled with the new burden of proof provision, placed a greater
emphasis on technical competency. Our assessment engineers have prepared hundreds of levy reports
— giving MuniFinancial the most comprehensive set of assessment methodologies in the industry.
Local Staffing
We have selected senior professionals for the City's project. We are confident that the Willdan-Muni
Financial team has a depth of experience that will successfully fulfill the City's desired work
performance.
Mr. Habib Isaac, Project Manager, will serve as project manager for this engagement. He will organize
and direct consultant tasks and ensure that the deliverables are completed on time and within budget.
Mr. Isaac will be the City's day -to -day contact and will also be present at meetings during the
engagement. Mr. Isaac has been significantly involved with creating Engineer's Reports for assessment
districts formed under various California statutes, as well as reviewing methodologies used to determine
special benefit and fulfill requirements of Proposition 218.
Mr. James Steffens and Ms. Camille Mahant will provide analytical support for this engagement.
They will be responsible for data gathering and notice drafting, with ongoing review of work products
provided by Mr. Isaac. Mr. Steffens and Ms. Mahant will also be responsible for coordinating with the
City to ensure that data gathering tasks proceed smoothly and to minimize the burden on City staff.
Additional analysts will be assigned to the project as needed.
Mr. Chris Fisher, Principal Consultant in the Financial Consulting Services Division, will serve as
principal in charge and technical advisor throughout the project, affording the team the benefit of his
special district formation experience. Mr. Fisher is one of MuniFinancial's experts in the formation and
administration of 1913/15 Act Local Improvement Districts, Community Facilities Districts, and 1972
Act Landscaping and Lighting Districts.
Mr. Gary Harrison, as a Senior Public Works Observer in our City Engineering Services and
Construction Management Division, brings more than 38 years of Public Works construction
experience to the team. He will perform construction field observation for this project. His experience
includes more than 10 years as a Survey Party Chief and 10 years of experience focusing on
underground utility construction. Mr. Harrison has extensive experience working in high profile
neighborhoods and high traffic density areas.
Project Management
As a successful consulting firm, we understand the importance of project management and team
support. Willdan-MuniFinancial has successfully guided diverse consultant teams through many
projects for the benefit of our clients.
The goal of project management is to achieve the client's objectives on schedule and within budget. To
accomplish this, we employ a variety of tools to monitor project status and to establish effective
communication with the client and between project team members.
Project Monitoring. The project manager monitors budget status through our online accounting
system. The system captures project labor costs, overhead and direct expenses on a weekly basis.
Project managers continually monitor the budget and compare costs to work performed to date. In our
experience, the system is an invaluable tool for reducing cost overruns and budget amendments, a tool
often not found in other consulting firms.
Financial Consulting Services principals and project managers meet weekly to assess the status of each
project and to direct staff. These weekly meetings allow staffing constraints to be identified early and
WLLLDAN Page 6
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Serving Public Agencies MuniFinancial
City of Newport Beach
On -Call Underground UP Assessment District Services
resources reallocated to keep projects on budget and on schedule. These meetings also provide a forum
for applying the group's collective expertise to solving difficult analytical issues that arise in complex
projects.
Client Communication. To remain informed about project status, clients can choose among several
communication options based on their preferences. We can provide regular updates by e-mail, phone
call, meetings, or project status memos. The status memo is particularly effective because it documents
work completed to date, status of remaining tasks, and identification of outstanding issues that require
input from the client.
Quality Control. The principal in charge and project manager assigned to the project provide quality
control and quality assurance. The project manager reviews interim and final work products before
transmittal to the client to ensure that they meet Willdan- MuniFinancial's quality standards. The
principal in charge reviews the final work product, including reports and quantitative models, to provide
a second level of quality control and assurance.
We are confident that our experienced team will provide the levels of attention and work performance
that the City of Newport Beach desires. Following are detailed resumes of the professionals we have
selected to assist the City.
Advance Notice Requirement
With the expertise of Willdan- MuniFinancial, we have the resources to provide the City of Newport
Beach with our services on short notice, based upon project demands. Additionally, given our depth of
staffing and local presence, we can be responsive to urgent requests and/or late changes, and address
these types of issues quickly.
Team Member Resumes
Resum6s of the team members Willdan- MuniFinancial will devote to the City of Newport Beach's
project follow.
IW WILLDAN Page 7
Serving Public agencies MuniFinancial
4 Years Experience
Areas of Expertise
Special District Formation
and Administration
Education
Bachelor ofScience,
Applied Mathematics with
emphasis in
computational science,
San Diego State
University
Publication
(2002)
Cryptography with
Cycling Chaos
Physics LetterA
V303 Pgs.345 -351
City of Newport Beach
On -Call Underground U* Assessment District Services
Habib Isaac
Project Manager
3fr. flahih fraac is a Project Manager in the Financial Consulting Services
Division at MuniFinancial. He specializes in special district formations, which
include, Community Facilities Districts (CFDs), 1913/1915 Assessment
Districts, 1972 Act Landscaping and Lighting Districts, 1982 Benefit
Assessment Districts, and Fire Suppression Assessments. Mr. Isaac's primary
emphasis is in CFDs and he is MuniFinancial's lead Project Manager for the
formation of CFDs.
In addition, through the preparation of Engineer Reports and formation of
various Assessment Districts and Fire Suppression Assessments, Mr. Isaac has
acquired thorough knowledge of the special benefit provisions of Proposition
218, and has facilitated numerous successful protest balloting proceedings in
compliance with the State Constitution.
Prior to joining MuniFinancial, Mr. Isaac gained direct experience in public
finance as the lead analyst in the day - today administration of over 50 School
District CFDs; creating annual reports, calculating and submitting special tax
levies, and preparing continuing disclosure reports for bondholders. Mr. Isaac
also collaborated with a team preparing financial plans that reviewed revenue
sources available for capital facilities for school districts.
Fire Suppression Assessments
• El Dorado County Fire Protection District
• Waterloo - Morada Fire Protection District
• Salida Fire Protection District
• City of San Fernando
Assessment Districts
• City of Cathedral City: Cove Improvement District No. 2004 -2,
$33.8M Bond Issue.
• City of Palm Desert: Section 29 Assessment District — Expected Bond
Issuance - $35M+ (improvements include: road, drainage, sewer, water
lines, and utility undergrounding).
• City of Palm Desert: Highlands Utility Undergrounding No. 04 -01.
• City of Solana Beach: Barbara- Granados Utility Undergrounding and
Pacific West Circle Utility Undergrounding. $2.1M Bond Issue
Prop 218 Majority Protest Balloting
Pleasant Hill Rec. & Park District: Valley High II, Valley High IV,
Valley High V, Woodside Hills I, and Woodside Hills III
(protest balloting to increase assessments and include escalation factor)
City of Orange: Landscape District No. 86 -2 (protest balloting to
increase assessments and include escalation factor)
WILLDAN Page 8
Serving Public Agencies MuniFinancial
City of Newport Beach
On -Call Underground Uti y Assessment District Services
2 Years Experience James Steffens
Areas of Expertise
Senior Analyst
Special District Formation
Mr. James Steffens is a Senior Analyst within the Financial Consulting
Services Division based in MuniFinancial's Temecula office. He provides
Rate and Method of
support for district formation and annexation projects, including Community
Apportionment
Facilities Districts (CFDs), as well as support for district bond refundings. He
joined the team in May of 2005.
Special Tax Calculation
Mr. Steffens work experience includes: most facets of CFD formations and
map via BricsCad. Assisted with report preparation.
annexations, client interaction, report preparation, identifying and verifying
Parcel ldentilrcation and
parcels within district boundaries, creating district databases and analyzing
Verification
assessment spread methodologies, creating boundary maps, and coordinating
Researched and compiled parcel database and analyzed district and
and conducting activities involved with the balloting process.
Database Creation and
Prior to his employment with MuniFinancial, Mr. Steffens worked as a
Analysis
financial analyst with an emphasis on corporate mergers and acquisitions.
Boundary Maps Specific Project Experience
Preparation
Landscaping and Lighting Districts
Education
• City of Fairfield: Landscaping and Lighting District No. 15,
Master of Business
Annexation No. 2.
Administration,
• City of Murrieta: Landscaping and Lighting District No. 25 (Golden
University ofArixona
Cities). Researched and compiled parcel data and created boundary
map via BricsCad. Assisted with report preparation.
Bachelor ofArts,
• City of Fremont: Niles Area Landscaping and Lighting District.
Economics, California
Researched and compiled parcel database and analyzed district and
State University, Fullerton
Zone characteristics to determine most appropriate assessment
methodology.
Assessment Districts
• City of Solana Beach: Barbara- Granados Utility Undergrounding
and Pacific West Circle Utility Undergrounding. Researched and
compiled parcel databases, assisted with the analysis of assessment
methodologies, and created boundary maps via BricsCad.
Balloting
• Antelope Valley Mosquito and Vector Control District Formation:
Assisted with the tabulation of more than 15,000 scanned ballots.
• City of Encinitas: Clean Water Regulatory Fee. Assisted with and
helped coordinate the tabulation of more than 10,000 scanned ballots.
WILLDAN Page 9
Serving Public Agencies MuniFinancial
2 Years Experience
Areas of Expertise
Special District Formation
Public Reports,
Assessment Methodology,
Rate and Method of
Apportionment,
Special Tax Calculation,
and
Balloting
Project Highlights
Cities of Chula Vista,
Fairfield, Roseville,
Temecula, and
Cathedral City
Education
Masters
California State
University, Fullerton
Bachelor of Science,
University ofMichigan,
Ann Arbor
. City of Newport Beach
On -Call Underground Uu y Assessment District Services
Camille Mahant
Analyst
Ms. Mahant is an analyst within MuniFinancial's Financial Consulting
Services Group. She provides support for district formation and
annexation projects.
Ms. Mahant's experience includes preparing public reports for the
formation of Assessment and Community Facilities Districts, developing
assessment methodologies, and special tax rates and methods of
apportionment, special tax analysis and calculations, feasibility studies,
financial modeling, balloting processes, database creation, assessor
parcel research, and client and project team consultation.
Ms. Mahant's background is in healthcare planning, reimbursement and
business development. Most recently, at Sharp HealthCare in San Diego,
she provided financial and utilization statistics; and prepared strategic
planning reports and map and graph analyses of payer and patient
finance, area demographics, and market share.
Related Experience
• City of Cathedral City
• City of Chula Vista
• City of Fairfield
• City of Roseville
• Stanislaus Consolidated Fire Protection District
• City of Vallejo
IWWILLDAN Page 10
Serving Public Agencies MuniFinancial
City of Newport Beach
On -Call Underground Utilr Assessment District Services
8 Years Experience
Chris Fisher
Areas of Expertise
Principal Consultant
SpecialD"uict
Mr. Chris Fisher is a Principal Consultant in the Financial Consulting
Formation Expert
Services Division at MuniFinancial. He is one of MuniFinancial's experts in
Multi- Disciplinary Team
Community Facilities District (CFD) and Assessment District formation and
Management
administration.
Business Development
prior to joining the Financial Consulting Services group, Mr. Fisher served as
and Client Presentations
Senior Project Manager for the Northern California region in the District
• City of Union City: CFD No. 2005 -1 (Public Services).
Administration Services Group at MuniFinancial. He has specialized expertise
Project Highlights
in the administration of 1915 Act Assessment Districts, 1972 Act Landscape
Cities of Roseville, Galt
and Lighting Districts, 1982 Benefit Assessment Districts, and Mello -Roos
and West Sacramento
Community Facilities Districts, including:
street, sewer and storm drain improvements, fees and park
• Administration of Marks -Roos and Mello -Roos Pools,
Education
• Delinquency monitoring, and
Bachelor of Science,
• Preparation of Continuing Disclosure Reports to bondholders.
Finance, San Francisco
Mr. Fisher oversaw the annual administration of all of the aforementioned
State University
district types for cities, counties, and Special Districts throughout Northern
Landscaping and Lighting Districts
California. Before taking over his management responsibilities, Mr. Fisher was
Professional Affiliations
an analyst responsible for day - today district administration. Prior to joining
California Society of
MuniFinancial, he worked as a budget and financial analyst for an airline and
Municipal Finance
an electronics corporation.
Officers
Municipal Management
Specific Project Experience
Association o£Norrhern
Community Facilities Districts
California I • City of Rialto: CFD No. 2006 -1 (Elm Park), financing of infrastructure
California Municipal
improvements and impact fees.
Treasurers Association
• Town of Apple Valley: CFD No. 2006 -1 (Ravenswood), CFD No.
2006 -2 (Bell Mountain Estates), CFD No. 2006 -3 (Sky Haven Ranch),
CFD No. 2006 -4 (Vista Del Sol), financing of infrastructure and fees.
• City of Escondido: CFD No. 2006 -1 (Eureka Ranch), financing of
infrastructure improvements and impact fees.
• City of Galt: CFD No. 2005 -1 (Public Safety Services), and
Annexations Nos. 1, 2, 3 and 4.
• City of Union City: CFD No. 2005 -1 (Public Services).
• Val Verde Unified School District: Citation Homes CFD No. 2003 -1,
John Laing Homes CFD No. 2003 -2.
• City of Palm Desert: CFD No. 2005 -1 (University Park), financing of
street, sewer and storm drain improvements, fees and park
improvements.
• City of Chula Vista: CFD No. 12M, service district to provide for
maintenance of habitat areas, parks, landscaping, and storm drain
maintenance.
Landscaping and Lighting Districts
• City of Rancho Cordova: Landscaping and Lighting District No. 2005-
1.
WILLDAN
Serving Public Agencies
Page I I
MuniFinancial
City of Newport Beach
On -Call Underground Ut� Assessment District Services
• City of Chino Hills: Landscaping and Lighting District No. I
(Vellano).
• City of Vallejo: Downtown - Waterfront Landscaping and Lighting
District.
• City of Atascadero: Landscaping and Lighting Districts No. 01, 02,
and 03.
• City of Roseville: Dunmore Junction Landscape and Lighting District
annexation.
Assessment Districts
• City of Cathedral City: Cove Improvement District No. 20042. Bond
Issuance - $33.8 million.
• City of Palm Desert: Highlands Utility Undergrounding No. 0401.
• City of Palm Desert: Section 29 Assessment District — (improvements
include: roads, drainage, sewer, water lines, and utility undergrounding).
• City of Solana Beach: Barbara - Granados Utility Undergrounding and
Pacific West Circle Utility Undergrounding.
Statewide Community Infrastructure Program (SCIP)
• Statewide Community Infrastructure Program (SCIP): 2003, 2004,
2005, and 2006. Multiple counties, preparation of engineer's reports,
diagrams, and assessment spreads, and support for multiple bond
issues.
Balloting Processes
• City of Cathedral City: Landscaping and Street Lighting Maintenance
District No. 1— Benefit Zone 17, 2004, X2,400 ballots mailed.
District Administration Services
• City of Brentwood: Assessments and Marks -Roos pooled districts
• City of West Sacramento: CFDs and Assessment Districts
• City of Elk Grove: Maintenance and Facilities CFDs
• City of Redwood City: CFDs and Assessment Districts
• City of Big Bear Lake: Assessment Districts
WILLDAN Page , z
Serving Public Agencies MuniFinancial
0 City of Newport Beach
.On -Call Underground AIR Assessment District Services
10 Years Experience
Education
Orange Coast College
Extended Education
Classes from NTT
Robert "Gary" Harrison
Senior Public Works Observer
Mr. Gary Harrison, as a Senior Public Works Observer in our City
Engineering Services and Construction Management Division, brings more
than 38 years of Public Works construction experience to the team. His
experience also includes more than 10 years as a Survey Party Chief and 10
years of experience focusing on underground utility construction. Mr.
Harrison has extensive experience working in high profile neighborhoods
and high traffic density areas.
Accomplishments:
• Provided oversight for Contractor conformance to quality standards
and construction period delivery commitments.
• Improved city infrastructure such as roadways, sidewalks, etc.
resulting in reduced city liability, claims and taxes
• Managed in excess of 75% of street and highway construction for the
City of Huntington Beach.
• Directed and provided field inspection for the City of Huntington
Beach utility projects for major undertakings such as Sea Cliff Village,
The Hyatt Hotel, new subdivisions and redevelopment projects in the
City.
• Managed and developed a survey team with no employee turnover and
100% promotion rate.
• Mr. Harrison has an exemplary knowledge of ordinances, codes, and
standard specifications, construction methods, inspection criteria, and
design techniques.
Specific Project Experience
City of Irvine — Senior Public Works Observer for the Red Hill/Mac Arthur
Capital Improvement Project. The project includes an intersection
widening, road improvements to widen Mac Arthur and Red Hill to
accommodate the intersection and County channel improvements. Provides
continuous inspection for this $20 million consisting of a triple box culvert,
underground utilities, AC pavement, and overlay, sidewalk, curb and gutter,
median islands, traffic signals and striping. Responsible traffic control,
SWPPP, verification of progress payments, oversight of Contractor for
conformance to plans, specifications, Standard Specifications for Public
Works Construction (Greenbook) and City ordinances.
City of Laguna Beach — Urban Runoff Diversions at Five Locations.
Senior Public Works Observer providing continuous inspection and
coordination survey and testing. The project consists of the installation of
storm water diversion systems to divert low flow storm drain water to sewer
facilities through a weir box and CDS unit. Components of this system
included the installation of weir boxes, storm drain junction structures,
manholes and coordination with Orange County Flood Control District
inspectors and Caltrans. This project required an extensive knowledge of
soils, storm drain and sewer system construction as well as paving and
�//L/
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On -Call Underground Ut *Assessment District Services
traffic control. The location of these units were on Pacific Coast Highway
and various ocean front streets necessitating particular attention being paid
to resident and public inconvenience with regard to traffic control and
construction activities.
City of Yorba Linda - Pedestrian and Bicycle/Equestrian Crosswalk
Improvements on Rose Drive between Yorba Linda Blvd. Senior Public
Works Observer for the installation of two pedestrian activated signals on
Rose Drive between Yorba Linda Boulevard and Bastanchury road. The
project consists of underground boring of conduits, excavation of signal
footings, installations of signal poles, masts arms, signal heads, control
cabinets, traffic loops, wiring and crosswalk striping.
City of Huntington Beach — Verizon FTTP Fiber Optic Installation. Senior
Public Works Observer for a citywide fiber optics installation and Fiber To
The Premise (FT1P). Construction operations included trenchless boring
and installation of conduits, concrete placement for sidewalk areas, paving
and cold milling street for repair of trench sections, slurry seal, parkway and
restorative landscaping, backfill of soils, alignment for conduit runs within
City Right of Ways and enforcement of NPDES standards.
City of Huntington Beach
• Senior Construction Inspector 36+ years
Primary Functions: To perform any and all types of inspection
assignments' including cash contracts and complex projects in order to
assure quality control on all types of Public Works construction
projects.
• Party Chief 24+ years
Primary Functions: Supervises a field survey party engaged in land
and construction surveying, operating various instruments and
equipment used in securing data pertaining to lines, corners, elevations,
grades, curves and other surveys; analyzes and processes data
pertaining to land and construction surveying
• Inspector (Utilities) 12+ years
• Surveyor
WILLDAN Page 14
Serving Public Agencies MuniFinancial
• City of Newport Beach
On -Call Underground Un Assessment District Services
Related Projects and References
Summaries of selected project experience performed in the last five years are presented below. We are
proud of our reputation for customer services and encourage you to contact our past clients regarding
our commitment to excellence. We developed separate and distinct assessment methodologies for each
of the four cities listed below.
Cathedral City, CA
Contact: Bill Bayne, City Engineer, (760) 770 -0340; Project Description: Assessment Engineering
Services - Cove Improvement District No. 2004 -02; Date: 2004 -2005
Willdan- MuniFinancial provided assessment - engineering services for the formation of a 1913 Act
Assessment District, using 1915 Act Municipal Bonds to finance proposed sewer and street
improvements for approximately 1,500 existing single - family homes and commercial properties in the
Cove area of Cathedral City.
Newport Beach, CA
Contact: Patrick Arciniega, Associate Engineer and Iris Lee, Associate Civil Engineer, (949) 644 -3323;
Project Descriptions: Assessment Engineering Services for Underground Utility Assessment District
No. 94 and Underground Utility District No. 101; Dates: 2006 — 2007 and 2007 — ongoing, respectively
Willdan- MuniFinancial prepared the Engineer's Report and assessment methodology, and conducted
the balloting for the Underground Utility Assessment District No. 94 for the City of Newport Beach.
The District was made up of 37 single - family residential properties. The undergrounding of overhead
utility lines within the boundaries of the District included trenching, installing the new utility vaults
needed to receive the conduits and transformers, laying the conduit lines into the trenches, re- paving the
street, switching service to the underground system and removing the existing overhead poles and
wires. The balloting for the district was unsuccessful due to the significant cost increase for the project,
as compared to preliminary estimates.
Palm Desert, CA
Contact: Pat Conlon, Special Project Coordinator, (760) 346 -0611 ext.386; Proiect Description:
Highlands Utility Undergrounding Assessment District No. 04-01; Date: 2004 — 2006
Willdan- MuniFinancial completed the formation of this utility undergrounding assessment district,
including the engineer's report, fieldwork, assessment methodology and ballot proceedings. In addition,
along with Willdan, we provided administration bidding assistance, and construction observation for the
district. The Undergrounding Assessment District consists of 124 parcels in a residential neighborhood
in Palm Desert.
Solana Beach, CA
Contact: Dennis Coleman, Finance Director, (858) 720 -2461; Project Description: Solana Beach
Assessment District No. 2005 -1 Barbara/Granados Utility Undergrounding and Assessment District No.
2005 -2 Pacific West Circle Utility Undergrounding; Date: 2004 — 2006
For each of these two undergrounding assessment districts, Willdan-MuniFinancial completed
Assessment District Formation proceedings in compliance with the 1913 Act and Proposition 218.
Bonds were issued for each of the two districts under the authority of the 1915 Act. For these
formations, we worked closely with city staff and property owner groups to conduct extensive
fieldwork and develop an assessment methodology that was understood and supported by property
owners, and resulted in over 67% approval for both districts. We completed the engineer's reports and
other elements of the formation proceedings, including the balloting. Finally, we completed the Notice
of Assessment and related tasks associated with the 30 -day cash collection period, and supported the
issuance of bonds by providing data to the consultants involved in the bond sale.
WILLDAN Page 15
Serving Public Agencies MuniFinancial
City of Newport Beach
On -Call Underground Utility Assessment District Services
Public Agency Services
ASSESSMENT DISTRICT FORMATION STRENGTHS
The table below depicts information related to our recent bonded assessment district projects. These districts were all formed under the Municipal
Improvement Act of 1913, with bonds issued under the Improvement Bond Act of 1915. The districts funded a wide range of public
improvements, with several of them related to the undergrounding of existing overhead utilities. All of these projects involved the balloting of
existing homeowners and the related public outreach necessary to educate and inform them. Willdan- MuniFinancial developed assessment
methodologies that were best suited for each individual district, and the specific improvements and properties within each.
1WWILLDAN MWWFinancial Page 16
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Purpose District
Formation o. te
Date Project Size
Public Facilities Supported by
District
City of Newport Beach
Assessment Engineering Services for
Underground Utility Assessment District
2006 -2007 $g33 000
Undergrounding of overhead utilities
No. 94
and related work, ballot failed.
City of Newport Beach
Assessment Engineering Services for
Underground Utility Assessment District
2007- Ongoing
TBD (in process)
Undergrounding of overhead utilities
101
and related work.
City of Palm Desert
Highlands Utility Undergrounding
2004 -2006
Undergrounding of overhead utilities
Assessment District No. 04 -01
$3,000,000
and related street improvements
City of Palm Desert
Section 29 Assessment District 2004 -2
2005 -2006
Construction of sanitary sewer, storm
$38,400,000
drain, street and waters stem facilities.
City of Solana Beach
Assessment District No. 2005 -1
Barbara Granados Utility
2005 -2006
$2,400,000
Undergrounding of overhead electrical
Undergrounding
utilities and related improvements.
City of Solana Beach
Assessment District No. 2005 -2 Pacific
2005 -2006
Undergrounding of overhead electrical
West Circle Utility Undergrounding
$1,000,000
utilities and related improvements.
City of Solana Beach
Assessment District No. 2008 -1
2007- Ongoing
$1,000,000
Undergrounding of overhead electrical
(Marsolan Underground Utility District)
utilities and related improvements.
City of Cathedral City
Assessment Engineering Services -
2004 -2005
$38,900,000
Construction of sanitary sewer system,
streets and roads, and curb and gutter
Cove Improvement District No. 2004 -02
improvements.
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City of Newport Beach
On -Call Underground Utility Assessment District Services
SPECIAL TAX CONSULTING STRENGTHS
MuniFinancial has consistently been at the forefront of innovative approaches to special district formation and administration in California. We
pioneered many practices that are now considered industry standards by our competitors. In utilizing our broad range of experience amassed over
the years from supervising the formation of special districts, our proposed methods and approaches provide an insight into the practical
requirements of special tax implementation efforts, relevant legislation and case law.
MuniFinancial has successfully participated as special tax consultant and in the role of assessment engineer in diverse consultant teams for more
than 800 municipalities. These projects involve district formations, consolidations, annexations, workouts, refundings, parity bond issues and other
special projects.
We have significant experience with the unique requirements surrounding formations of CFDs for services, such as police services and fire
protection, as well as districts related to bonds funding allowable capital improvements. The table below depicts information on our recent past
CFD formation projects for districts related to bonds. All projects listed below are Acquisition Districts.
WILLDAN ®Mun!Financial Page 17
Serving Public Agencies
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City of Newport Beach
On -Call Underground Utility Assessment District Services
Start / End Issuer / Developer
Year
1
�� Improvements
2005- City Indio
2006 CFD 2 DR Horton
Impact fees, street improvements, storm
97.27 $10,225,000
2006
Wells)
(Sonora a Well s)
drain, water & sewer improvements
7/05 — Present
Formation
City of Moorpark
$38,000,000
2005-
done; bonds
CFD 2004 -1 (Moorpark
Pardee Homes
128
for Moorpark
Impact fees, street improvements, parks &
2006
not yet issued
Highlands) & CFD 2004 -2
Highlands
school fees
for Moorpark
(Moorpark Vista)
Vista.
2005-
10/05-6/06
City of Rialto
Shea Homes
14.0
$6,000,000
Backbone infrastructure and developer
2006
CFD 2006 -1 Elm Park
impact fees
IA 1:
2005
1/05-7/05
City of Indio
DR Horton &
285
$10,200,000
Street improvements, water & sewer
CFD 2005.1 (Talavera)
Sheffield Homes
IA 2:
improvements
$9,130,000
2005-
5/05-7/06
City of Calexico
CFD 2005 -1
Pacific Century
Homes; Pacific
142.18
$14,710,000
Impact fees, street improvements, sewer
2006
Hearthstone
Century Group
& retention basin improvements
City of Chula Vista Public
2005-
2006
3/05 — 7/05
Financing Authority
Revenue Refunding Bond
Refunding
Refunding
$93,930,000
Refunding
Series 2005A
Multiple,
including Hover
2005
1/05-7/05
City of Palm Desert
University Park CFD
Development Co;
Palm Desert 234
247.18
$70,000,000
Streets, storm drain, park, sewer, water,
2005 -1
LLC;The Evans
and traffic signal improvements
Co: Sinatra &
Cook Project LLC
WILLDAN EMuniFinanciai Page 18
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City of Newport Beach
On -Call Underground Utility Assessment District Services
2004
City of Perris Classic Pacific
2004— 2004 CFD 2004 -3 Ltd. 95.73
$17,820,000
Streets, roadway improvements, sanitary
Monument Ranch Carl la
K
sewers, water supply and school facilities
2004
City of Perris
2004 —2004 CFD 2004 -2
CLC
55.82
$6,000,000
Streets, roadway improvements, sanitary
Corman Leigh)
Communities
sewers, water supply and school facilities
City of Perris
Sunwest
2004
2004 —2004 CFD 2004 -1
Enterprises &
12.61
$4,000,000
Streets, roadway improvements, sanitary
(Amber Oaks)
Young Homes of
sewers, water supply and school facilities
California
City of Elk Grove
Transportation, wastewater system,
2003
2003 — 2003
CFD 2003 -1
Development,
910
$29,570,OD0
potable & non - potable water, drainage,
Inc.
landscaping, & other public facilities
Truckee - Donner Public
2003
2003— 2004 Utility District
East West
616.20
$12,445,000
Specific PUD regional & project - related
(Gray's Crossing & Old
Partners
1,004.41
$15,000,000
infrastructure & other public infrastructure
Greenwood
2003
2003 —2003
Val Verde Unified SD
John Laing
36.39
$2975000
School site acquisition, school facilities &
CFD — John Lain Homes
Homes
, ,
sewer treatment
2003
Val Verde Unified SD
2003 — 2003 CFD 2003 -1
Citation Homes
124 for 4
$1,984,000
School site acquisition, school facilities &
Citation Homes
As
sewer treatment
2003
City of Perris
2003 — 2003 CFD No 2003 -1
Richmond
43
$3,060,000
Streets, roadway improvements, sanitary
(Chaparral Ridge)
American
sewers, water supply and school facilities
2003
City of Perris
2002 —2003 CFD No 2002 -1
Tanamera
68
$5,860,000
Streets, roadway improvements, sanitary
(Jan)
Willowbrook
Homes
sewers, water supply and school facilities
rW I LLDAN MMuniFinanciai Page 19
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City of Newport Beach
On -Call Underground Utility Assessment District Services
WILLDAN MMuniFinancial Page 20
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City of Newport Beach
On -Call Underground Utility Assessment District Services
The table below depicts information on our recent past CFD formation projects related to the funding of public services and/or
maintenance, or non - bonded districts.
Formation Acreage& WRIMM9 Wato No
Purpose District Date Number . District
Parcels
727 Acres Provided for maintenance of storm
Maintenance of drain facilities and filtering
City of Chula Vista December
Landscaping /Storm Drain $3,300,000 systems, passive and active parks
(Village 2, CFD 13M) 2006
Facilities and trail systems, median and
slope landscaping
117 Acres, 900
Provided for maintenance of storm
City of Chula Vista
Maintenance of
SFR Units, 221
drain facilities and filtering
(Village 7, CFD 12M)
Landscaping /Storm Drain
June 2005
$1,100,000
MFR Units
systems, passive and active parks
Facilities
and trail systems, median and
slope landscaping
City of Palm Springs
Public Safety Services
October 2005
$933,000/Yr
352 Acres
Public Safety, Police
City of Rialto
Landscape Maintenance
June 2006
$242,000/Yr
Median and Park Landscaping and
and Public Safety
14 Acres
public safety services
City of Covina
Public Safety and Park
June 2007
$52,000
2.5 Acres
Public Safety Services (Police,
Fire, Paramedic) and Park
Maintenance Services
Maintenance
City of Galt
CFD 2005 -1
Provide for Public Safety
112 Acres
Financed the provision of police
(Public Safety
Services
March 2005
$154,000
services and fire protection and
Services
suppression services.
W WILLDAN Mun!Financial Page 21
Serving Public Agencies
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. City of Newport Beach
On -Call Underground Ut Assessment District Services
Description of Services
Willdan- MuniFinancial will provide the following services related to the formation of underground
utility districts for the City of Newport Beach.
District Formation Services
TASK 1: PROJECT KICK -OFF
Conduct initial kick -off meeting via conference call with City staff and consultants to discuss
procedures and responsibilities, various issues of the project and the City's goals. The primary objective
of this meeting is to identify key personnel that will be involved in the project and establish effective
lines of communication. This meeting will likely include specific discussions of the City's goals and
priorities, discussion of improvement areas, political considerations, overall project timeline, budget
information, and availability and access to pertinent documentation, maps and data. These discussions
may also touch on potential policy and legal issues the City is concerned with (if any), and specific
steps for implementation.
• Assist City staff and the financing team in establishing a project schedule.
• Assist City staff in coordinating and evaluating petitions for formation of districts, and
analyzing preliminary cost estimates received from participating utilities.
• Prepare preliminary boundary maps for discussion and district planning purposes.
TASK 2: DATA GATHERING
Gather information related to the project from the City, the County Assessor's Office and Auditor -
Controller's Office, the financial advisor, and the City's Engineer. Information will be gathered through
meetings, correspondence, and follow -up phone calls to ensure accuracy and completeness.
Conduct appropriate fieldwork related to property within the boundaries of the proposed district in
order to make special benefit determinations and to gather information necessary for the development
of the district assessment methodology.
Prepare a detailed parcel database showing assessor's parcel number, assessment number, lot area, front
footage, assessed land and structure values, County land use, development status, ownership, property
address, mailing address, and any other information necessary. The database will be used to calculate
each parcel's assessment amount and to prepare a mailing list for balloting and notice requirements.
Provide the City with an electronic file of this data.
During the preceding steps, be available to answer questions from city staff and the public related to the
formation of the district.
TASK 3: REPORT METHODOLOGY
Based on information gathered, prepare a preliminary assessment analysis. We will establish a
reasonable special benefit nexus between the improvements and the properties within the proposed
district (and zones). Based on variations in benefit within the proposed district and/or surrounding
properties, we will prepare a recommended district structure (with benefit zones, if appropriate), a
method of apportionment and assessment evaluation for discussion with City staff, including any
identified general benefit or other revenue contributions.
1. We will prepare an assessment roll and related computations from our database including:
a. Determining the boundary of the district and zones, the assessor's parcels in the
boundary and assigning each parcel an assessment number;
7 WILLDAN MuniFinancial Page 22
Serving Public Agencies
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On -Call Underground JOY Assessment District Services
b. Identifying the appropriate measurement factors on which to spread the assessment lien
and assigning factors to each parcel; and
C. Computing the assessment lien for each parcel in the district based on the factors
assigned to each parcel, and the improvement costs determined to be of special benefit.
2. The assessment methodology will take into consideration the potential of land use, density, and
acreage and as appropriate; safety, improved reliability, overall neighborhood aesthetics and view
enhancement aspects of the properties. The assessment methodology proposed will be designed to
protect the bonds, as well as fairly assess properties expected to be in the district.
Prepare a boundary map, and an 18 -inch by 26 -inch assessment diagram that is suitable for recording,
as well as in an 8 -inch by 11 -inch format that will include the following items (copies also to be
provided to the City):
1. Legal parcels that will exist at the time of district formation;
2. The assessor parcel numbers or tract and lot information for each parcel; and,
3. The assessment number assigned to each lot, corresponding to the assessment toll
Based on input from the City, the City Engineer, bond counsel, and our engineering analysis of general
and special benefit; determine the improvements to be included in the district. Prepare a narrative
description to be included in the Engineer's Report. If required, additional improvement zones will be
established and different methodologies can be developed to address the benefit one area receives from
improvements or services that another area does not receive.
Prepare a cost estimate of the improvement items, incidentals and issuance costs related to the district to
be included in the Engineer's Report. The project cost estimate, including incidentals, will be
coordinated with the City Engineer. The bond issuance costs will be discussed with the team to insure
all appropriate costs have been included correctly; such as, capitalized interest, official statement
printing, reserve fund level and any required bond security.
Based on the boundaries of the district, develop the method of assessment, the improvements to be
funded, the proposed development, and any effective tax rate limitations. To ensure all considerations
have been addressed, the method will be discussed with the project team, and then finalized for the
preliminary Engineer's Report and the final Engineer's Report. The method will be devised to
specifically address general benefit, the special benefit that each parcel receives, the special and general
benefit ascribed to public agency parcels, and the effect, both financial and political, on the homeowner
or secondary property owners.
TASK 4: PUBLIC OUTREACH
The City of Newport Beach is aware of the importance of communicating the issues and educating
property owners with the facts before they are asked to cast their ballot for or against a new assessment.
MuniFinancial can also assist the City with specific elements of the public outreach efforts focused on
informing property owners of the issues and aspects of the proposed district including the development
and mailing of an informational piece, such as a Frequently Asked Question (FAQ) Guide. If the City
wishes to implement a more concentrated outreach effort to garner support for the proposed district and
assessments, a consulting firm specializing in public relations may need to be retained by the City to
conduct such an effort.
We will assist the City with coordinating and scheduling of public outreach efforts based on our
findings and recommendations established in Tasks 2 and 3. The public outreach will be preformed
prior to and concurrently with the tasks outlined in Task 5. As part of an overall education effort,
WILLEM MMuniFiriancial Page 23
Serving Public Agencles
. City of Newport Beach
On -Call Underground U10 Assessment District Services
MuniFinancial will perform the following tasks to assist the City with its public outreach and
communications with the affected property owners within the proposed district.
Develop and Mail FAQ Guide: Generally, when an agency is proposing a new assessment for
existing developments, it is essential that the agency communicates its improvement plans and
proposed assessments in advance of the actual ballot proceedings. To assist the City with this
communication effort, MuniFinancial proposes to prepare and mail to each property owner as
part of an overall education effort, an informational piece (FAQ Guide). This document will
present several questions and corresponding answers for typical issues raised by property
owners. We recommend that the FAQ Guide be mailed to property owners preparatory and
often in conjunction with a scheduled public information meeting prior to the ballot mailing.
However, if the City prefers not to conduct a public information meeting(s), a similar FAQ
Guide can be issued in conjunction with the assessment notice and ballot mailing.
Public Information Meeting(s): Our proposed scope of work and fees anticipates our
participation in one (1) or two (2) public outreach meetings depending upon the size and
makeup of the district. MuniFinancial will assist the City with conducting outreach meetings
that will focus on informing property owners of the proposed district, the special benefit
methodology of the proposed assessment, and the related Prop. 218 balloting. It is critical that
the rationale for the assessments be effectively communicated to property owners who will
ultimately be asked to cast their ballot. The workshops will provide a forum where residents
and property owners can express their thoughts, ask questions, and meet individually with
representatives of the project team to provide more detailed information regarding their
property. We intend to utilize the outreach meetings to receive input and make modifications,
where appropriate, that address concerns of the stakeholders, while maintaining a sound special
benefit nexus. Throughout the process, it is our intention to closely work with the City and
property owners in a collaborative manner to construct an assessment methodology that is
clearly understood and supported by the affected property owners. In our experience, this
approach provides the highest probability for a successful balloting. Although two public
outreach meetings will likely be sufficient for most projects, additional workshops may be
required, and as an optional service we will attend and assist City staff with these additional
public information meetings, as requested by the City.
TASK 5: PREPARE AND MAIL NOTICES AND BALLOTS
Prepare and mail the legal notice of the Public Hearing and the protest ballots to conform to all current
legislation. The legal notice will include the time, date and place of the Public Hearing and will also
serve as an informational mailer. The property owner ballots will include the assessor's parcel number,
the property owner and mailing address (or the sins address based on discussions with bond counsel
and City staff), the proposed assessment amount broken down by improvement type, the method of
assessment and the property's specific benefit as required by Proposition 218.
Coordinate with the City to tabulate all ballots. We have developed a software program that quickly and
accurately tabulates all ballots. Each ballot will include unique barcodes that can be scanned and
tabulated within our program. Typically, we can tabulate approximately 600 ballots per hour.
TASK 6: MEETINGS
Throughout the formation process, we will attend meetings and participate, as necessary, in conference
calls with the City to facilitate in a timely manner the completion of resolutions, the Engineer's Report
and, as needed, the official statement to allow for bond issuance. This includes attending up to one (1)
Project Team meeting, one (1) or two (2) property owner workshops (depending on the specific project)
and two (2) City Council meetings to approve the Resolution of Intention and conduct the Public
Hearing and approve the Resolution of Formation. Based on our hourly fees, we will attend additional
meetings, such as utility coordination meetings, at the City's request.
WILLDAN Mun!Financial Page 24
Serving Public Agencies
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On -Call Underground Ut Assessment District Services
Post Formation Services
If the district is not formed, our services are concluded. If the district is formed, we will notify property
owners of their final assessments and prepayment amounts, assist the financing team with data required
to fund the improvements, and record necessary documents.
TASK 1: RECORDING OF DOCUMENTS
Provide the Assessment Diagram and Notice of Assessment to the City to obtain appropriate signatures,
and record the documents at the County of Orange Recorder's Office.
TASK 2: MAILING OF NOTICE OF CONFIRMED ASSESSMENT
Prepare and mail confirmed assessment apportionment and Notice of Assessment to each property
owner of record within the proposed district. The notice will serve as the beginning of the 30 -day cash
collection period and will provide the discounted payoff amount to property owners that wish to pay off
their assessment prior to the sale of bonds. We will provide certification stating that this task has been
completed.
TASK 3: PREPARE PAID /UNPAID LIST
After the 30-day cash collection period, we will coordinate with the City on any payoffs and prepare the
paid and unpaid list of assessments for the finance and final bond documents.
TASK 4: PREPARE OFFICIAL STATEMENT TABLES
As necessary, provide information and review the preliminary official statement or state loan
documents. Develop data tables for the official statement, including value -to -lien summaries, top
owners, development status, and other data required by the financing team.
TASK S: PREPARE FINAL REPORT
Prepare a final Engineer's Report that includes any cost savings from those originally estimated and to
reflect parcels that paid off their assessments during the 30-day cash collection period. File the final
report with the Superintendent of Streets.
TASK 6: MEETINGS AND OTHER COMMUNICATION
Participate in conference calls with City staff, bond counsel, financial advisor, bond underwriter,
appraiser, and other project consultants.
We will also be available to answer questions and provide information to property owners, project
proponents, community association representatives, and other interested parties.
Client Responsibilities
For this project, the City of Newport Beach will need to provide the following:
• Complete documentation and data related to the district, including electronic copies of pertinent
information;
• Zoning, entitlement or other engineering related data that may be necessary in the development
of the assessment methodology.
• Cost estimate information and updates from the utility companies as appropriate; and
• Opinions as requested from the City Attorney's Office.
• Arrange for any required publications notice of City Council meetings or Public Hearings in the
local newspaper.
WILLDAN MMuniFincincial Page 25
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On -Call Underground U*Assessment District Services
Legal Opinions
In preparing resolutions, notices, ballots, or other legal documents, MuniFinancial 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.
Construction Field Observation
The following outlines a general scope of work the Team will perform on this project.
FIELD OBSERVATION
The Willdan- MuniFinancial team can provide full -time detailed field observation services to verify
compliance with the applicable contract documents and standard drawing for this project, Caltrans
Specifications and Standard Specifications for Public Works Construction (Greenbook).
The following represents some of the specific items we will provide:
• Verify the Contractor's compliance with the requirements of the Storm Water Pollution
Prevention Program (SWPPP).
• Produce daily reports of contractor's activities, equipment and personnel.
• Attend all construction and field meetings.
• Monitor the Contractor's activities to identify actual and potential construction associated
problems and suggest sound solutions to the Resident Engineer.
• Issue correction and compliance notices to the Contractor as necessary.
Additionally, the Willdan- MuniFinancial team will provide the appropriate staff to assist the City with
the utility underground conversion coordination on private properties. Our staff has extensive
experience working with the utility companies, assisting the property owners and residents, and
coordinating permit requirements.
TRAFFIC CONTROL AND PUBLIC SAFETY
Our staff will review and monitor all traffic control and public safety plans for compliance with all
safety laws and regulations and WATCH manual. Review all detour, lane closures, temporary access,
signing, delineation and traffic control plans. Report deficiencies to contractor.
COORDINATION OF OTHER PROJECT CONSULTANTS AND UTILITIES
Our staff will coordinate technical inspection, testing and survey services provided by others and
receive a copy of all inspection and testing reports on the day of the inspection or test. Provide
notification to affected utilities regarding work that may affect their plant and services.
PROGRESS PAYMENTS
Our staff will review Contractor's payment applications submitted with the Contractor and determine
whether the amount requested reflects the progress of the Contractors work.
WILLDAN EMuniFinancial Page 26
Serving Public Agencies
Fee Schedule
Following are Willdan- MuniFinancial's current hourly fee ranges good through June 30, 2012.
Hourly Pate Schedule
Hourly Rate Schedule
Hourly Rate Schedule
Title
Division Manager
Hourly
200-245
Title
Principal Engineer
Hourly
190-233
Title
i Senior Construction Manager
Hourly
150 - 1a4
Principal Consultant
190-233
Division Manager
170-208
p Construction Manager
140-172
Senior Project Manager
155-190
City Engineer
170-208
; Asst. Construction Manager
115-141
Project Manager
135-165
Project Manager
170-208
; Utility Coordinator
120-147
Senior Project Analyst
120-147
Program Manager
170-208
i Labor Compliance Manager i
115-141
. ... ... .... ..
Senior Analyst
..........................................................
....
110-135
........................... . . .. -
.... -Y ......
Supervising Engineer
- - -- -- ----------- .... ......... t -_..-
.- _..---- ...._-
156-190
- -- -
„-- ............. ....i.._
:labor Compliance Specialist
= - - - - - -- --
... .i
90-110
- - -- - -
Analyst
90 - 110
Senior Engineer
140-172
i Supervising Public Works
115-141
Observer
Analyst Assistant
75- 92
Senior Design Manager
140-172
Public Works Observer
105 -129
Property Owner Services
50- 61
Design Manager T
130-169
;Assistant Public Works Observers
95/105 - 1 161129
Representative
Support Staff
45- 55
' Associate Engineer
130 - 159
Senior Design Engineer II
125-153
'
~
Senior Design Engineer 1
125-153
Designer II
120-147
.._..._.._------ ----- ------------
--- -- - - - - -- ----------------------------------------------------------------------------------------------°----------------
Desginer I
115-141
j
Design Engineer II
115141
------------------- --- -- - - - - --
- -- --- ---- - - - ---
- --
- - -- ----- --- -----------r
— .._...._. '-- -- - - --
Design Engineer I
110-135
Senior Drafter
105-129
Drafter 11
Drafter 1
95-116
90-110
i
Technical Aid
80- 98
-
•
0
Client#: 610
LDAN
ACORD. CERTIFICATE OF LIABILITY
INSURANCE
TINY)
J
LIMITS
A GENERALUABILITY GLO904316302 111109107 11/09/08
03106108
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P. O. Box 10550
Santa Ana, CA 92717 -0550.
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
GEWLAGGREGATE LIMITAPPLIES PER:
714 427 -6810
INSURERS AFFORDING COVERAGE
INSURED ' - —-
2401 n
2401 E. Kat Avenue, Ste. 300
Anaheim, GA A 92806
INSURER A: Zurich American Insurance Co.
INSURER B. American Automobile Ins. Co.
_
INSURERC: XL Specialty Insurance Co. J
INSURERO
INSURER E:
11/09/06
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OIHfR DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGAI E LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INTR TYPE OF INSURANCE POLICY EFFECT
D iM VE
OO POLICY EXPIRA TION
J
LIMITS
A GENERALUABILITY GLO904316302 111109107 11/09/08
EACH OCCURRENCE $1000,000
X COMM ERCIAL GENERAL LIABILITY
CLAIMS MADE [OCCUR INDP.CONTRACTORS
FIRE DAMAGE (Any ... 11M) $1000OQO
MED EXP(AAY one Perecn) $10000
X CONTRACTUAL INCLUDED
PERSONAL& AOV INJURY $1000000
X BFPD. XCU
GE RE AAB"zEOATE 12 000 000
GEWLAGGREGATE LIMITAPPLIES PER:
PRODUCTS.COMPMPAGG $2000000
POLICV X IR& LOC
A
AUTOMOBILE
LIABILITY
ANYAUTO
BAP904316202
11/09107
11/09/06
COMBINED SINGLE LIMIT
(Eeacc 11
$1,000,000
X
BODILY INJURY
(Pei Ferwr)
$
ALL OWNED AUTOS
gCHEDULED AUTOS
X
HIRED AUTOS
NON -OWNED AUTOS
$
BODRY1NJlLRY
(PeraccitlenH
X
PROPERTY OAMAGE
(PeracctlenQ
$
GARAGE LIABILITY
ANOONLY- EAACGTDENT
IT
OTHER MAN EA ACC
$
ANY AUTO
S
AUTO ONLY: AGO
EXCESSUAWLITY
OCCUR F-1 CLAIMS MADE
EACH OCCURRENCE
$
AGGREGATE
$
S
S
DEDUCTIBLE
g
RETENTION $
B WORKERS COMPENSATION AND
WZP80955114
11109107
11109108
X we sTATU DTH-
EMPLOYERS' LIABILITY
E.L EACH ACCIDENT -
$1,000,000 _
E.L.OISEASE- EAEMFLOYFE
$1,001,1DO
E1,010,100
E.C. DISEASE- POCICY'CfMIT
C OTHER professional
Lability
DPR9609216 11109107
11/09!08
$1,000,000 per claim
$1,010,000 annl aggr.
DESCRIPTION OF OPERATIONSROCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
General Liability policy excludes claims arising out of the performance of professional
Services
Re: On -Call undeground utility assessment district engineering and
inspection Services
(See Attached Descriptions)
City of Newport Beach
Attn: Shauna Oyler
Public Works Specialist
3300 Newport Blvd.
Newport Beach, CA 92658
ACORD 25 -S (7197)1 of 2 AkS219729JM212154
SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRNUGIV
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAM 30— DAY$ W BITTEN
NOTICETOTHE CERTIFICATE HOLD Ek NAMED TO THE LEFT, BUTFAILURE TODOSOSH/LLL
OR LIABILITY OF ANY WND UPON THE INSURER,ITS AGENTS OR
RI I
•
9
Additional Insured — Automatic - Owners, Lessees Or ZURICH
Contractors - Broad Form
Polic No.
Eff. Dare of Pol
Ex .Dale Allot
Eff. Date or-End
Producer
Add'I Prem.
Return Prem.
GL0904316302
ll/09/07
11/09/08
11/09/07
Dealey,Renton
$ Ntn
$ NrA
THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
Name of Person or Organization: City of Newport Beach, its elected or appointed officers, officials,
employees, agents and volunteers
A. WHO IS AN INSURED (Section 11) is amended to include as an insured any person or organization whom you are required
to add as an additional insured on this policy wider a written contract or written agreement.
B. The insurance provided to additional insureds applies only to "bodily injury", "property damage" or "personal and advertis-
ing injury" covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and
Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if:
1. The "bodily injury" or "property damage" results from your negligence; and
2. The "bodily injury", "properly damage" or "personal and advertising injury" results directly from:
a. Your ongoing operations; or
b, "Your work" completed as included in the "products- completed operations hazard', performed for the additional
insured, which is the subject of the written contract or written agreement.
C. However, regardless of the provisions of paragraphs A. and B. above:
1. We will not extend any insurance coverage to any additional insured person or organization:
a. That is not provided to you in this policy; or
b. That is any broader coverage than you are required to provide to the additional insured person or organization in
the written contract or written agreement; and
2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of:
a. 'I he Limits of Insurance provided to you in this policy; or
b, The Limits of Insurance you are required to provide in the written contract or written agreement.
D. The insurance provided to the additional insured person or organization does not apply to:
1. "Bodily injury", "property damage" or "personal and advertising injury" that results solely from negligence
of the additional insured, or
2. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure; to
render any professional architectural, engineering or surveying services including
U -GL -1 775 -A CW (9103)
Page I qf2
a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,
Feld orders, change orders or drawings and specifications; and
b. Supervisory, inspection, architectural or engineering activities.
E. The additional insured most see to it that:
L We are notified as soon as practicable of an "occurrence" or offense that may result in a claim:
2. We receive written notice of a claim or "suit" as soon as practicable; and
3. A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by
another insurer under which the additional insured also has rights as an insured or additional insured.
F. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in-
surance available to any additional insured person or organization unless the other insurance is provided by a contractor
other than you for the same operations and job location. Then we will share with that other insurance by the method de-
scribed in paragraph 4.c. of SECTION TV - COMMERCIAL GENERAL LIABILITY CONDITIONS.
Any provisions in this Coverage Pan not changed by the terms and conditions of this endorsement continue to apply as writ-
ten.
U -GL- 1175 -A CW (9f03)
Page 2 of 2
0
9
0
Waiver Of Subrogation (Blanket) Endorsement ZURICH
Policy No.
Eff. Date of Pol.
Exp. Date of Pol.
Eft. Date of End.
Producer
Add'I. Preto
Return Pmm.
GLO904316301
11/09/06
11109/07
11109/06
ealey, Renton
$
$
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition:
If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from
others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any
other operations in which the insured has no contractual interest.
U -GL -925 -B C W (12/01)
Page I of I
0 0
POLICY NUMBER: BAP904316202 BUSINESS AUTOMOBILE LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
DESIGNATED INSURED ENDORSEMENT (CA 20 48)
Name of Person(s) or Organization(s)
City of Newport Beach
Attn: Shauna Oyler
Public Works Specialist
3300 Newport Blvd.
Newport Beach, CA 92658
BUSINESS AUTO COVERAGE
Each person or organization indicated above is an "insured" for Liability Coverage, but only to
the extent that person or organization qualifies as an "insured" under the Who Is An Insured
provision contained in SECTION II of the Coverage Form.
Name of Person or Organization: City of Newport Beach, its elected or
appointed officers, officials, employees, agents and volunteers
CA20 48 07 97
0 0
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different
date is indicated below.
(The following "attaching clause" needs to be completed only when this endorsement is issued subsequent to preparation of the policy.)
This endorsement forms a part of Policy No. WZP80955114
Issued to: Willdan
By: American Automobile Ins. Co.
Premium (if any) TBD
We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against the person or organization named in the Schedule. (This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us).
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work
described in the Schedule.
The additional premium for this endorsement shall be 2 -5% of the California workers compensation premium otherwise
due on such remuneration.
Person or Organization
City of Newport Beach
Attn: Shauna Oyler
Public Works Specialist
3300 Newport Blvd.
Newport Beach, CA 92658
WC 04 03 06
(Ed. 4 -84)
Schedule
Job Description
Person or Organization: City of Newport
Beach, its elected or appointed
officers, officials, employees, agents
and volunteers
Countersigned by
Authorized Representative
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. P
February 26, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Iris Lee
949 - 644 -3323 or ilee @city.newport- beach.ca.us
SUBJECT: Utility Underground Assessment District and Inspection On -Call
Services — Approval of Professional Services Agreements with Harris
& Associates, and Willdan Group, Inc.
RECOMMENDATION:
Approve On -Call Professional Services Agreements with Harris & Associates and
Willdan Group, Inc. for on -call underground utility assessment district and inspection
services and authorize the Mayor and City Clerk to execute the Agreements.
DISCUSSION:
City staff is currently managing nine active underground utility assessment districts. In
addition to these active districts, staff is working with several neighborhoods expressing
an interest in starting new districts.
The nine active districts are valued at over $70 million dollars and currently require a
substantial amount of staff resources. It is anticipated that supplemental underground
utility assessment district and inspection services will be required to assist staff in
completing anticipated projects. Staff requested Statement of Qualifications (SOQ)
from various consultants to provide as needed on -call underground utility assessment
district and inspection services. The services requested of the consultants include:
• District initiation (including, but not limited to, petitions, preliminary cost
estimates, and preliminary boundary maps);
• Fielding general underground utility district questions from the public;
• Public outreach (including, but not limited to, facilitating meetings and
generation of underground utility literature for specific districts);
• Engineer's Report and assessment engineering services;
• Construction inspection and management; and
• Utility underground conversion coordination on private properties.
Utility Underground Assessment District and Inspection On -Call Services —
Approval of Professional Services Agreements with Harris & Associates and Willdan Group, Inc.
February 26. 2008
Page 2
Four firms responded to the SOQ and staff evaluated the firms based on the above
factors, project team, experience with assessment district initiation and formation,
knowledge of City codes and practices, familiarity with the utility Companies' policies,
availability to the public, and experience with construction inspection and management.
Harris & Associates and Willdan Group, Inc. were rated the highest. The hourly labor
rates included in the agreements are competitive and in line with industry standards.
Staff recommends approval of the two Professional Services Agreements (PSA) with
Both Harris & Associates, and Willdan Group, Inc., each with four -year terms. Pursuant
to the respective PSA, letter proposals for specific services to be performed will be
negotiated on a case by case basis. If the scope of services exceeds $50,000, prior
approval from City Council will be required in accordance with Section 4 of each PSA
and Council Policy F -14.
Environmental Review:
Not applicable.
Funding Availabilitv:
Upon formation and approval of an underground utility assessment district, funding will
be provided by each district's improvement fund.
Prepared by: Submitted by:
Iris ee
Senior Civil Engineer
in G. Badum
Works Director
Attachment: Professional Services Agreement with Harris & Associates
Professional Services Agreement with Willdan Group, Inc.
PROFESSIONAL SERVICES AGREEMENT WITH
HARRIS & ASSOCIATES FOR ON -CALL
UNDERGROUND UTILITY ASSESSMENT DISTRICT
AND INSPECTION SERVICES
THIS AGREEMENT is made and entered into as of this day of
200_, by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation ( "City "), and Harris & Associates, a California corporation whose address is
34 Executive Park, Suite 150, Irvine, California 92614 ( "Consultant'), and is made
with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City has a need for on -call assistance for Underground Utility Assessment
District and Inspection Services.
C. City desires to engage Consultant to perform on -call underground utility
assessment district and inspection services throughout the City on an as need
basis ( "Contract').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Contract, shall be Joan E.
Cox, P.E.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30 day of June, 2012, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall provide "On -Call" Underground Utility Assessment District
and Inspection services as described in the Statement of Qualifications
attached as Exhibit "A." Upon verbal or written request from the Contract
Administrator, Consultant shall provide a letter proposal for services
requested by the City (hereinafter referred to as the "Letter Proposal "). The
Letter Proposal shall include the following:
A. A detailed description of the services to be provided;
B. The position of each person to be assigned to perform the services, and
the name of the individuals to be assigned, if available;
C. The estimated number of hours and cost to complete the services; and
D. The time needed to finish the specific project.
No services shall be provided until the Contract Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed,
Consultant shall diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Contract, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Contract Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Contract Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by telephone, fax, hand - delivery or mail.
2
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to -exceed
basis, in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit "B" and incorporated herein by
reference.
No rate changes shall be made during the term of this.Agreement without the prior
written approval of the City. Consultant's compensation for services performed in
accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as
approved by the Contract Administrator. Any Letter Proposal that sets forth fees in
excess of Fifty Thousand Dollars and No Cents ($50,000.00) shall require a
separate Professional Service Agreement approved by per Council Policy F -14.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person and /or classification of employee who performed the work, a
brief description of the services performed and /or the specific task in the
letter proposal to which it relates, the date the services were performed,
the number of hours spent on all work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant
no later than thirty (30) days after approval of the monthly invoice by.City
staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in the Letter Proposal. Unless otherwise approved,
such costs shall be limited and include nothing more than the following
costs incurred by Consultant:
A. The. actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement and the Letter Proposal, which have been approved in
advance by City and awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the.
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Contract, but which is not included within the Letter
Proposal and which the parties did not reasonably anticipate would be
K
necessary. Compensation for any authorized Extra Work shall be paid in
accordance with the Schedule of Billing Rates set forth in Exhibit B.
5. CONTRACT MANAGER
Consultant shall designate a Contract Manager, who shall coordinate all phases
of the Contract. This Contract Manager shall be available to City at all
reasonable times during the Agreement term. Consultant has designated Joan
E. Cox, P.E. to be its Contract Manager. Consultant shall not remove or
reassign the Contract Manager or any personnel listed in Exhibit A or assign any
new or replacement personnel to the Contract without the prior written consent of
City. City's approval shall not be unreasonably withheld with respect to the
removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Contract any of
its personnel assigned to the performance of services upon written request of
City. Consultant warrants that it will continuously furnish the necessary
personnel to complete the Contract on a timely basis as contemplated by this
Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Michael
J. Sinacori, P.E. shall be the Contract Administrator and shall have the authority
to act for City under this Agreement. The Contract Administrator or his/her
authorized representative shall represent City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
4
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws.and the professional standard of care.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further 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 and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
8. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims'), which may arise from or in any manner relate (directly or indirectly) to
the negligence, recklessness, or willful misconduct of the Consultant or the acts
or omissions of its principals, officers, agents, employees, vendors, suppliers,
consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any award of
attomey's fees in any action on or to enforce the terms of this Agreement. This
5
indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Contract Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Contract.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with City's Contract Administrator in advance of all critical decision
points in order to ensure the Contract proceeds in a manner consistent with City
goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Contract Administrator and /or his/her
duly authorized designee informed on a regular basis regarding the status and
progress of the work, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A
A. Certificates of. Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
1. Workers' Compensation Coveraae. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or 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 City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) 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.
2. 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, including without limitation,
contractual liability. If commercial general liability insurance 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.
7
3. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
4. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
1. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
2. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self - insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
3. 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.
4. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
5. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
6. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
U
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance.. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty-five percent (25 %) or more
of the assets of the corporation, partnership orjoint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant,.its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
9
reuse by City or others on any other project. Any use of completed documents
for other projects and any use of incomplete documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes the release of information.
19. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
20. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, 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. All such records shall be
clearly identifiable. Consultant shall allow a representative of City to examine,
audit and make transcripts or copies of such records during regular business
hours. 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.
21. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant
shall not discontinue work as a result of such withholding. Consultant shall have
an immediate right to appeal to the City Manager or his designee with respect to
such disputed sums. Consultant shall be entitled to receive interest on any
withheld sums at the rate of return that City earned on its investments during the
10
time period, from the date of withholding of any amounts found to have been
improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Contract.
24. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination of
this Agreement by City. Consultant shall indemnify and hold harmless City for
any and all claims for damages resulting from Consultant's violation of this
Section.
25. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Michael J. Sinacori, P.E.
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949 - 644 -3342
Fax: 949 - 644 -3318
11
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Harris & Associates
34 Executive Park, Suite 150
Irvine, CA 92614
Phone: 949 - 655 -3900
Fax: 949 - 655 -3995
26. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provision, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days' prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports and other information
developed or accumulated in the performance of this Agreement, whether in
draft or final form.
27. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, regulations and permit requirements and be
subject to approval of the Contract Administrator and City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
12
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
30. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
31. 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.
32. 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.
33. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
34. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
35. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
13
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
By:
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
LIM
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
Edward D. Selich
Mayor
for the City of Newport Beach
CONSULTANT:
(Corporate Officer)
Title:
Print Name:
M
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Statement of Qualifications
Exhibit B — Schedule of Billing Rates
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January 8, 2008
Ms. his Lee, PE, TE
Senior Civil Engineer
City of Newport Beach
3300 Newport Avenue
Newport Beach, CA 92658
Harris & Associates
Program Managers
Construction Managers
Civil Engineers
Re: Statement of Qualifications for On-Call Underground Utility Assessment District Services
Dear Iris,
Assessment district formation, property owner coordination and construction administration are all part of the
services which Hams & Associates' project team is known for. Our team includes professionals who have
assisted the City with their Underground Utility Assessment Districts since 1992. In addition, our Construction
Management expertise is exemplified by our ranking of 26th nationwide in Engineering News - Record's Top 100
Construction Management Finns for 2007. We are confident that we can assist the City of Newport Beach with
your undergrounding program.
As partners in your Underground Utility Assessment District program, our team offers the following advantages:
✓ Knowledgeable Project Manager. Our Project Manager, Joan E. Cox, PE, is a recognized expert in the field
of assessment engineering and has more than 26 years of assessment engineering experience. In addition, she
has been assisting the City for over 15 years with their Underground Utility Districts. Ms. Cox is supported by
a Project Director, Jeffrey M. Cooper, PE, with over 29 years of public finance experience, a Deputy Project
Manager, Mr. Dennis A. Anderson, with over 19 years of public finance experience, and a Construction
Management Lead, Mr. Dave Seevers, PE, with over 33 years of construction management experience.
✓ .Skilled Project Team. We have assembled a team of experts who have developed databases from as small as
5 parcels to as large as 2,000,000 parcels. Our team is experienced in creating property owner noticing
databases from the latest County Assessor's information; creating, preparing and mailing Notices of Public
Hearing, Assessment Ballots and Notices of Assessment; answering property owner inquiries and
coordinating with City staff.
✓ Skilled Communicators. Our team members routinely provide clear and concise information to County
offices, City staff, City Councils and private citizens. Our management team members are experienced in
presenting technical topics to both City Councils and the public, and have been involved in all aspects of
public education and outreach.
✓ Proven Success. Our team has a portfolio of successfully completed projects throughout California, which
include Proposition 218 analyses and recent assessment district formations as well as a broad spectrum of
construction management processes. Through this experience, they have developed a reputation for meeting
project deadlines and legally required timeframes.
Our team is excited about the opportunity to continue our working relationship with the City of Newport Beach.
If you have any questions regarding our proposal, please feel free to contact us. The undersigned will be the
contact person for use in the Agreement and may be reached at 949 - 655 -3900 x337 or at jcox@harrir - assoc.com.
Sincerely,
Harris & Associates
Jo, PE
Senior Project Manager
34 Executive Park, Suite 150 Irvine, California 92614 -4705 949.655.3900 FAX 949.655.3995 iMne @harris- assoc.com
w S' y of N "va w p F 1 i. Bleach-
Statement of Qualifications for On -Call Underground Utility Assessment District Services
Table of Contents
FirmProfile ............................................................ ..............................1
ProjectTeam .......................................................... ..............................3
RelevantProject Experience ................................ ..............................9
AdvanceNotice Requirements ........................... .............................17
Description of Services (Exhibit A) ..................... .............................18
FeeSchedule (Exhibit B) ...................................... .............................23
Appendix
- Project Team Resumes
RI Hams & Associates.
v' s
Statement of Qualifications for On -Call Underground Utility Assessment District Services
Firm Profile
Shaping the Future... One Project at a Time
Harris & Associates, specializes in serving the professional service needs of public agencies and
institutions in the Western states. We provide expertise from project conception through occupancy, in
the following service areas:
■ Project and construction management
■ Program management
Civil design
■ Financial Engineering
■ Infrastructure Asset Management
Building & Safety
■ Development Services
Established as a California corporation in 1977, our staff of 490 employee - owners includes licensed
engineers and architects, certified construction managers and inspectors, and experienced public works
prokssionals. We understand that successful project delivery means more than being on time and under
budget. Successful projects have to address the concerns of neighbors and users, be sensitive to the
environment, and conform to local political realities. By focusing on our clients' needs as our top priority,
we have earned an excellent reputation within the industry. Our depth and breadth of skills will assist you
in charting the course of your projects.
Assessment and Financial Engineering Services
Harris provides a broad range of public financing and assessment engineering services. We will
assist public agencies in obtaining funding for the design, construction and maintenance of public
infrastructure needed to serve the existing community and new developments. Harris's team of
experienced assessment engineers and financial analysts can provide feasibility and rate studies to
determine the best financing options available. They are experts in special benefit analyses and have
extensive knowledge of State codes relating to special financing districts, including Article XIIID of the
California Constitution (Proposition 218) and related legislation. Our services include:
■ Feasibility and rate studies to determine the best financing option
Maintenance Fee Establishments per the Health and Safety Code
Maintenance Assessment Districts, such as the California Landscape and Lighting Act of 1972 and
Benefit Assessment Act of 1982, Fire Suppression and Charter City Assessment District formation
and administration services
■ Assessment District formation and administration under California's 1911Act and 1913 /15 Aci
combinations including Engineer's reports, Debt Limitation, Notidng, Balloting, Delinquency
Monitoring, Payoff Quotes, Public Information and Facilities Acquisition and Audit_
Harris & Associates. Page 1
.7 FAN V 1..::. f j`.'
Statement of Qualifications for On -Call Underground Utility Assessment District Services
• Community Facility District formation and administration under California's Mello -Roos
Community Facilities District Act including District Reports, Rate and Method (Tax Formulas),
Debt limitation, Noticing, Delinquency Monitoring, Prepayment Calculations, Public Information
and Facilities Acquisition and Audit.
• Benefit nexus studies and ballot preparation pursuant to Article XIIID of the California State
Constitution
■ Tax Formulas for Special Tax Districts
Development Impact Fees in compliance with AB1600, Utility User Fees and other types of Fee
Programs
Presentations to Public Agencies and Communities
Project and Construction Management
Harris provides project and construction management services for all types of public and institutional
projects. We are ranked 26th in Engineering News - Record's Top 100 Construction Management Firms
for 2007. Our services include:
■ Inspection
Resident engineering
■ Value engineering
Biddabdity/constructability reviews
■ Scheduling
■ Estimating
Budgeting and cost control
Claims mitigation
Labor compliance programs
Harris & Associates. Page 2
e� o- E
�a a C. .mJ ha �"� i:..
Statement of Qualifications for On -Call Underground Utility Assessment District Services
Project Team
Harris has a team of highly qualified professionals to manage, establish and coordinate the City's utility
undergrounding projects, from District initiation to the conversion of the private service connections.
Our Assessment Engineering team members understand the provisions and implications of Proposition
218, having been involved in over 120 assessment establishment processes since its passage, and are very
familiar with the City of Newport Beach's undergrounding program.
The experience of our Assessment Engineering Project Team is summarized in the following table, and
brief resumes for each team member are provided below along with an organizational chart. A listing
of our Project Team's experience over the last 5 years is provided at the end of this section and detailed
resumes are provided in the Appendix.
Project Team Experience
Improvement Assessment Districts including the 1913 Act
FormationProceedings ................................................... .............................74
After Proposition 218 ................................................ .............................40
Utility Undergrounding Assessment Districts ................. .............................24
Mello -Roos Community Facilities Districts (CFDs) .
Formation Proceedings ................................................... .............................90
Operation& Maintenance Assessment Districts
FormationProceedings ................... ............................... ............................142
After Proposition 218 ................................................ .............................89
Project Manager
Joan E. Cox, PE, will be the Project Manager and Assessment Engineer for this project, and will be
responsible for coordinating all aspects of the projects, maintaining a dose liaison with the City and
ensuring the City's satisfaction with the services. She will be the main point of communication between
the project team and the City and will direct the activities of the project. Ms. Cox is an Associate
and shareholder at Harris & Associates and is a registered Professional Civil Engineer in the State of
California, and she has over 26 years of assessment and financial engineering experience consulting to
cities, counties and special districts throughout the State of California.
Ms. Cox has assisted agencies with feasibility studies and the analysis of special benefit from various
types of improvements in accordance with the requirements of Article XIIID of the California State
Constitution (Proposition 218) and the various acts within the State Codes. She has been involved in
Utility Undergrounding Assessment Districts for over 15 years, which includes the formulation of the
Harris & Associates. Page 3
Statement of Qualifications for On -Call Underground Utility Assessment District Services
assessment methodology, the preparation of the Engineer's
Report, assistance with presentations to the City Council
and property owners, the preparation and mailing of notices
and Ballots, and ballot tabulation.
Additionally, Ms. Cox is considered an expert in Proposition
218 processes and procedures and is a regular lecturer for Joan E. Cox, PE
the UCLA - Extension Public Policy Program courses on
Assessment and Special District Financing and is a panelist for
the California Debt and Investment Advisory Commission
(CDIAC) Workshops on the Fundamentals of Land- Secured
Financing. • • .
DennlsAAndersa,
Throughout her 26 years of experience, Ms. Cox has
developed a reputation for providing complete and thorough
reports, and meeting project deadlines and legally required card HUI
timeframes.
Project Director
Jeffrey M. Cooper. PE
Davy Seevers. PE
Eric ScNichter
John Johnson
Tom Reese
Jeffrey M. Cooper, PE, Senior Vice President, will be Project Director responsible for ensuring that all
Harris commitments to the City are honored, and that sufficient resources are allocated to the project.
Mr. Cooper is a registered Civil Engineer in the State of California and has more than 29 years
experience in public financing as well as in the management of planning, design, construction and
inspection services for water resources, water, wastewater, and general civil engineering projects. He has
served as Assessment Engineer for the formation of districts under authority of the Improvement Acts of
1911 and 1913, including 1931 Act Debt Limit Reports, the Integrated Financing Act, the Landscaping
and Lighting Act of 1972, Benefit Assessment Act of 1982, and Article 3.6 of the California Government
Code to form Fire Suppression Assessments. Mr. Cooper's experience includes service to over 100 special
benefit, fee and tax districts and he has delivered numerous presentations to property owners, City
Councils and elected directors and professional societies.
Construction Management Lead
David Seevers, PE, Vice President, will be Construction Management Lead responsible for
coordinating with the Project Manager and the City to provide appropriate construction management
inspection staff in a timely manner.
Mr. Seevers has 33 years of program and construction management experience in the public and private
sector. He has managed design and construction of city capital improvement programs, and has been
responsible for managing engineering design, architectural services, pavement management, special
improvement districts, and construction management groups. During construction phases, Mr. SeCVCrS
has been responsible for master schedule development, analysis of construction schedules utilizing
Primavera P3 Project Planner, Claims Review and performed schedule impact analysis.
�) Harris & Associates. Page 4
6 I TL. f ,h �4 p f�
Statement of Qualifications for on -Call Underground Utility Assessment District Services
Deputy Project Manager
Dennis A. Anderson will be the Deputy Project Manager for this project, and will assist the Project
Manager with the details of the district formation and underground coordination processes. He has
over 19 years of professional experience in the area of public finance and assessment engineering. Mr.
Anderson has been involved in the formation and administration of a wide variety of public finance
projects as project manager and project analyst utilizing the Mello -Roos Community Facilities Act
of 1982, Improvement Act of 1913, Municipal Bond Act of 1915, Benefit Assessment Act of 1982,
Landscaping and Lighting Act of 1972, Special Assessment Investigation, Limitation and Majority
Protest Act of 1931, Fire Protection District Act of 1987, Business Improvement District Act of 1994
and various fee districts, public grants and loans.
Mr. Anderson has been involved in projects relating to all aspects of assessment engineering and special
financing proceedings, including presentations to City Councils and property owners.
Mr. Anderson has a thorough understanding of the statutory and constitutional procedures and
requirements for both the formation and administration of Assessment and Special Districts, and he is
also an expert in computer software applications relating to researching and developing databases, and
user - friendly interface development and programming. In addition, for 7 years Dennis handled all public
inquiries relating to special districts for the City of Vista.
Senior Project Analyst
Carol J. Hill will be the Senior Project Analyst assisting the Project Manager and Deputy Project
Manager with the details of the district formation and underground coordination processes. Ms.
Hill has over 5 years of experience with the technical aspects of Public Financing Districts pursuant
to the Municipal Improvement Act of 1913, the Landscape and lighting Act of 1972, Mello -Roos
Community Facility Districts, and Fire Suppression Assessments. She is proficient at compiling district
databases, researching and analyzing the different attributes of the district, confirming database accuracy,
performing ballot preparation and tabulation, and answering property owner inquiries.
Ms. Hill assisted the City of Newport Beach with the formation processes for Assessment District Nos.
69 and 99, and assisted City staff for the property owner coordination efforts for Assessment District
Nos. 68 and 69.
MI Hams & Associates. Page 5
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Statement of Qualifications for On -Call Underground Utility Assessment District Services
A I Harris & Associates. Page 6
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Brentwood, City of
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Buena Park, City of
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Carlsbad, City of
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Clark County, Nevada
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Elk Grove, City of
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Encinitas, City of
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Garden Grove, Ci Of
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Glenn County Mosquito Vector Control Dist.
Goleta, City of
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Irvine, City of
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Los Altos, City of
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Los Banos, City of
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Manhattan Beach, City of
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Mesquite, City of, Nevada
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Mission Viejo, City of
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Modesto, City of
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Monrovia, City of
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Morgan Hill, City of
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Napa, City of
Newport Beach, City of
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Northwest Mosquito & Vector Control District
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Novato Sanitation District
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Oakland, City of
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Oceanside, City of
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Ojai Valley Sanitary District
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Ontario, City of
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Orange County
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A I Harris & Associates. Page 6
Statement of Qualifications for On -Call Underground Utility Assessment District Services
0 IHarris & Associates. Page 7
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Petaluma, City of
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Piedmont, City of
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Pinole, City of
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Pomona, City of
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Poway, City of
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Rancho Cordova, City of
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Rancho Palos Verdes, City of
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Redondo Beach, City of
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Sacramento, C' of
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San Clemente, City of
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San Diego, City of
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San Francisco, City and County of
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Santa Clarita, City of
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Santa Fe Springs, City of
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Santee, City of
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Seal Beach, City of
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Sierra Madre, City of
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Sonoma County Water Agency
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South Gate, City of
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Ventura, City of
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Westminster, City of
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Yorba Linda, City of
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0 IHarris & Associates. Page 7
Statement of Qualifications for On -Call Underground Utility Assessment District Services
On -Call Construction Management and Inspection Experience
Harris has provided on-call construction management and inspection services within the last five years to
the following clients:
• City of Irvine
• City of Tustin
• City of Costa Mesa
• City of San Clemente
• City of Huntington Beach
• City of Yorba Linda
• City of Oceanside
• City of Carlsbad
• City of Lake Elsinore
• City of Palm Desert
City of Fontana
City of Corona
City of Chino Hills
City of Rialto
■ City of Rancho Palos Verdes
■ City of Pomona
■ City of Moreno Valley
City of San Diego
■ City of San Marcos
City of National City
■ County of Los Angeles
County of San Diego
Padre Darn Municipal District
■ Centre City Development Corporation
01 Harris & ASSOCIates. Page 8
QNty of N@ @g32 °' @M Qh
Statement of Qualifications for On -Call Underground Utility Assessment District Services
Relevant Project Experience
Financial Engineering
City of Newport Beach
Utility Underground Assessment District No. 63 (Newport Island)
Utility Underground Assessment District No. 64 (Channel Road)
Utility Underground Assessment District No. 69 (West Newport)
Utility Underground Assessment District No. 71 (Balboa Boulevard)
Utility Underground Assessment District No. 72 (Balboa Island)
Utility Underground Assessment District No. 86 (Balboa Peninsula)
Utility Underground Assessment District No. 87 (Big Balboa Island)
Utility Underground Assessment District No. 88 (Block 2, Balboa Bayside Tract)
Utility Underground Assessment District No. 99 (Balboa Boulevard Alley)
Jeff Cooper and Joan Cox have been assisting the City of
Newport Beach with the formation of 1913 Act Utility
Undergrounding Assessment Districts since 1992. The
improvements are the undergrounding of electrical and
telephone wires within the local streets and alleys. For
each assessment district, services include the certification
of the petition sufficiency, preparation of the combined
1913/1931 Act Engineer's Report and all additional
required documentation, preparation and mailing of all
notices (including property owner assessment ballots
after 1996) tabulating the protests /ballots, assisting in
all property owner meetings and public hearings, and
assisting with the preparation of the bond documents after
formation. 1915 Act bonds were sold for the districts, and
the total bond amounts were $670,000 for AD No. 63
(Newport Island), $298,000 for AD No. 64, $1,347,000
for AD No. 71, $270,000 for AD No. 72, $650,000 for
AD No. 86 and 10,147,000 for AD No. 69.
Assessment District No. 69 (West Newport), which was
established in 2004, included over 660 parcels with various
types of residential properties as well as benefiting City
parks and parking lots. Harris developed and produced
the Public Hearing Notices and Assessment Ballots, and
presented the Assessment District at two property owner
information meetings and at the Public Hearing. The
bond amount sold for this Assessment District was over
$10,000,006. Joan Cox was the Assessment Engineer.
Contact:
Mr. Patrick Arciniega
Associate Engineer
(949) 644 -3347
PArciniega @city. newport- beach.ca. us
Before
After _
Harris & Associates. Page 9
'15'Aty @9 N@wp@gt Bleach
Statement of Qualifications for On-Call Underground Utility Assessment District Services
Harris also assisted the City with property owner coordination for Assessment District Nos. 69 and
68 for the conversion of private service connections after the mainline undergrounding construction
was complete. The conversion process extended over 2 years from the initial District formations and
involved working closely with the City, coordinating property owner information mailings, maintaining
implementation status reports (including status of permits and inspections) and researching and
incorporating property owner change information over the course of the implementation process. Status
lists were shared between all parties at the City and Harris via the Cities FTP site so that all parties could
have access to the most current information available.
Harris & Associates is also assisting the City with the re- working of Assessment District No. 99 (Balboa
Boulevard Alley), and with Undergrounding Assessment District No. 87 (Big Balboa Island) and No. 88
(Block 2, Balboa Bayside Tract), which are currently awaiting construction drawings.
City of Berkeley
Utility Underground Assessment District No. 2006 -47
Harris & Associates assisted the City of Berkeley with
the establishment of a Rule 20A Utility Underground
Assessment District using the Municipal Improvement
Act of 1913. Our scope of services includes community
meetings with local resident groups, benefit analyses and
preparation of the Engineer's Reports, presentations to City
Council, preparation and mailing of assessment notices
Contact:
Mr. Lorin Jensen
Supervising Civil Engineer
(510) 981 -6411
LJensen@ci.berkeIey.ca.us
and ballots, and ballot tabulation after the public hearing.
There are approximately 220 parcels within this district, and the assessments will fund the additional
costs associated with the undergrounding project that are not allowed under Rule 20A. Joan Cox was
Assessment Engineer and Project Manager for this project.
City of Sierra Madre
Mira Monte Avenue Sewer Assessment District
Harris & Associates assisted the City of Sierra Madre with
the establishment of a 1913 Act Assessment District to fund
sewer improvements. Dennis Anderson was the Project
Manager for this proceeding and Joan Cox was Assessment
Engineer. Assessment options were presented to the City
and property owners before formal proceedings were
initiated, the Engineer's Report was prepared, and technical
Contact:
Mr. Bruce Inman
Director of Public Works
(626) 355 -7135
Blnman@ci.sierra-madre.ca.us
information was presented to property owners. Harris
is continuing to assist the City with the preparation and mailing of the notice and assessment ballot
packages to all affected property owners. Harris & Associates also provided the civil engineering plans,
specifications and estimates for the project.
Harris also assisted the City with the recent establishment of the Bonita Avenue / Alegria Avenue Sewer
Assessment District.
MI Harris & Associates. Page 10
S%
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Statement of Qualifications for On -Call Underground Utility Assessment District Services
Town of Tiburon
Utility Undergrounding Assessment Districts
Harris & Associates assisted the Town of Tiburon with the
establishment of various Utility Undergrounding Districts
using the Municipal Improvement Act of 1913. Our
scope of services includes community meetings with local
resident groups, benefit analyses and preparation of the
Engineer's Reports, preparation and mailing of assessment
notices and ballots, coordination with the utility companies,
Contact:
compilation of plans, specifications and estimates for the
improvements, and assisting the Town with its policies and procedures for Utility Undergrounding
Districts.
Lyford Cove Utility Undergrounding Assessment District, which was established in November 2004,
encompassed 226 parcels and had a total assessment amount of approx. $4.2 million. Del Mar Valley
Utility Undergrounding Assessment District, which was formed in May 2005, encompassed 220 parcels
and had a total assessment amount of approx. $4.7 million.
Both of these districts required supplemental assessment district proceedings when the construction bids
came in higher than anticipated. Harris & Associates prepared the Supplemental Assessment District
Engineer's Reports, presented the additional costs and processes to the property owners and the Town
Council, and prepared the notices and ballots for the proceedings.
Construction Management
City of Newport Beach
Balboa Boulevard Village Improvements
Harris provided biddability/constructability review services,
construction management, inspection, construction
administration, and community relations for the Balboa
Village Improvements Project located in the heart of
Newport Beach. Located on Balboa Boulevard, the only
street which leads to the Balboa Peninsula, the Balboa
Village serves as a primary business and entertainment
district for the City and its residents.
Contact:
Mr. Robert Stein
Project Manager
(949) 644 -3311
rstein@city.newport-beach.ca.us
This project included street and parking lot rehabilitation, sidewalk and plaza area enhancement, sewer,
water, storm drains, decorative streedight systems, alley reconstruction, an odor control system for
underground sources of methane, restroom demolition and construction, street furniture installation,
park improvements, landscaping and irrigation systems, and a new landmark tower. Funding for this
project came from multiple sources including CDBG funds.
RI Harris & Associates. page 11
QMY @q N @W-P @Wt 0 @�Ch
Statement of Qualifications for On -Call Underground Utility Assessment District Services
Community relations was an essential part of the
management services. The property owners, various
associations, the successful business district, and the visiting
public needed to be kept well informed of the construction
activities. Traffic items such as lane and street closures,
detours, and parking disruptions (parking in one lot in the
village generates about $1 million for the City annually)
were also addressed.
City ofYorba Linda
Bastanchury Road Water and Sewer Project
Harris provided construction management and inspection
services for the Bastanchury Road Water and Sewer project
as part of an on -call contract. The project consisted of the
construction of a 9,000 LF 16" concrete mortar lined and
coated water line and 10,000 LF 12" to 18" vitrified clay
pipe sewer project on Bastanchury Road in Yorba Linda.
Excavation depth was to 22' feet for the sewer line with
caving issues a constant problem.
City of Los Angeles
Santa Monica Boulevard Transit Parkway
Harris provided program and construction management
services for the Santa Monica Boulevard Transit
Parkway Project. This $42 million project involves the
reconstruction of the existing `big" and "little" Santa
Monica Boulevards into a tree lined multi lane central
throughway with access roads serving side streets on both
sides between the City of Beverly Hills and the 405 Freeway
Contact:
Mr. Mark Stowell
Dir. of Public Works /City Engineer
(714) 961 -7172
mstowell@yorba- linda.org
Contact:
Mr. Carl Nelson
Project Manager
(213) 305 -0318
cnelson@eng.lacity.org
in the City of Los Angeles. The project will also construct
additional lanes to the north and southbound on -ramps on the 405 Freeway at Santa Monica Boulevard.
City of San Clemente
El Camino Real Street Rehabilitation
This project consisted of the street rehabilitation and
revitalization for El Camino Real, from Avenida Palizada
to Avenida Rosa. Rehabilitation and revitalization of El
Camino Real through the old downtown portion of San
Clemente. The project included reconstruction of section
of the four -lane street, replacement of existing colored
concrete sidewalks with new interlocking pavers, drainage
Harris & Associates.
Contact:
Mr. Hamid Torkamanha
Senior Civil Engineer
(949) 361 -6139
torkamanh @san- clemente.org
Page 12
ofd a @MP @ff32 B @QCh -
Statement of Qualifications for On -Call Underground Utility Assessment District Services
improvements, tree wells, pedestrian lighting, new
pavement striping, and landscaping.
Harris provided construction management services for the
project and was responsible for developing the processes
and procedures for construction management, and
providing resources to complete the project. In addition,
Harris also monitored the project budget and schedule and
communicated with the City of San Clemente.
City of Oxnard
Headworks and Redwood Trunk Sewer Projects
Harris provided construction management and inspection services for the installation of a trunk sewer
using micro - tunneling and open -cut methods and recently completed the new headworks facility. Work
also included modifying a pump station and installing a drainage system.
The new $40 million headworks facility was constructed adjacent to the existing wastewater treatment
plant. The headworks takes the raw wastewater flows from the City's collection system, and splits the
flows to various influent channels. The work included construction of the new inlet junction structure,
influent channels, bar screens, aerated grit chamber, influent pump station, interceptor sewers, odor
control facilities, sodium hypochlorite and sodium hydroxide addition facilities, standby generator, and a
Southern California Edison substation.
The City of Oxnard Wastewater Division's Redwood Trunk Sewer Project not only represents one of
the most challenging collection system projects in Oxnard's history, but the longest micro- tunneling
project in the United States. This significant undertaking consists of replacing approximately 47,000
feet of sewer interceptor pipeline, ranging in size from 20 to 60 inches in diameter, to deliver wastewater
flows to the new Headworks Projea. This project repaired aging infrastructure and minimize odors
by enhancing operational characteristics. It also included the refurbishment of the Hemlock/Patterson
Street Pump Station and the elimination of several sewage lift stations, thereby reducing associated
maintenance costs. Construction costs were $55 million.
Approximately two- thirds of the project utilized micro-tunneling, a trenchless method of constructing
new pipeline systems. Micro - tunneling uses a remote controlled boring machine to carve out a tunnel
and install a new pipe in a nearly simultaneous process. This advanced tunneling method uses a closed
system in which water and mud are separated, decreasing the risk of environmental contamination.
Because Oxnard's sewers are being installed 25 to 30 feet below the surface, micro - tunneling minimizes
potential safety risks while enhancing efficiency. Finally, the technology is designed to be minimally
disruptive to those living and working nearby. The remainder were installed in open -cut trenches.
The construction management team is also responsible for public outreach to local businesses and
residents, traffic control and detours, and review of NPDES stormwater pollution installations.
Harris & Associates_ Page 13
Statement of Qualifications for On -Call Underground Utility Assessment District Services
City of San Diego
On -Call Construction Management and Inspection Services
Harris provided as- needed construction management
and inspection services for the Water Department for the
following three projects:
Black Mountain Ranch Recycled Water Steel
Storage Tank. Harris provided specialty inspection
work for the Black Mountain Ranch Recycled Water
Steel Storage Tank. The three (3) million gallon
steel tank will provide recycled water to the Black
Mountain Ranch, and Carmel Valley areas of the City
of San Diego. The tank has an 83 ft. radius. The tank
was fabricated off site and assembled on site. Early
completion of submittals, grading, reservoir piping, and
rank fabrication were critical project items to get the
project completed on time. Harris provided welding,
concrete, and;rebar inspection for the tank.. Along
with piping, concrete, and masonry inspection for the
Sodium Hypochlorite generating system building.
Pump Station 27. Harris recently completed
specialty inspection support for Pump Station 27 in
La Jolla. The project included the construction of a
temporary pump station and below grade emergency
storage rank prior to the modification and upgrade
to the old pump station. As part of the work a new
underground generator building was constructed
along with new piping and value structures. The
deep concrete underground generator building is at a
finish floor elevation of -14.00 feet and 14 -inch thick
concrete walls due to high ground water levels in the
area. Three new Fairbanks Morse pumps rated at 125
Hp were installed for added reliability and future flows. Harris provided concrete, rebar, and welding
Contact:
Mr. Hossein (Hans)`Torabi
Senior Civil Manager
(858) 627 -3254
htorabi@sa-ndiego.gov
inspection for this high profile project.
South Bay Water Reclamation Plant Storage Tank Piping and Pumping Station., Harris
recently completed specialty inspection services for the South Bay Water Reclamation Plant Storage
Tank Piping and Pumping Station. This project included electrical instrumentation support and
welding inspection.
Riverside County Flood Control and Water Conservation District
On-Call nspection Services
Harris & Associates is providing on -call construction inspection services for various CIP projects
and developers' projects under permit from the RCFC & WCD. General public works type projects
Harris & Associates. Page 14
�°� Mal
Statement of Qualifications for On -Call Underground Utility Assessment District Services
including but not limited to roadways, signals, sidewalks,
drainage improvement, sewer and storm pipe installation,
channel work, earthwork. Our inspectors augment the
County's contract administration and inspection staff in
providing inspection and contract administration.
Gavilan Hills / Smith Road Channel & Debris Basin -
Construct a 30 acre debris basin with Earth Dam (Approx.
180' wide at the base & 23' high). The dam includes a
concrete spillway & approx.. 3000' rectangular reinforced
concrete channel varying from 20' -24' width and 9' -12'
deep with 15' width at access roads on both sides. The
project also includes the construction of 92' double cell
14'x9' Reinforced concrete box culvert (RCB) at Cajalco
Road, a double 20'x10' -6" RCB at Ryder Street, and 189'
of 36" low flow discharge Reinforced concrete pipe (RCP)
at the dam. The channel includes 8' high (splitter wall) at
various locations and (pier wall) at the both RCB's.
City of Huntington Beach
Water Well #12
The project included a new water production well
incorporating a 400 horsepower electric motor driven
vertical turbine pump. The subsurface well was previously
completed and test pumped. This work included all surface
improvements, furnishing all materials and equipment,
construction, installation, and testing of the completed
work to begin production.
Contact:
Mr. Dale Anderson, PE
Project Manager
(909) 955 -1288
dvanders@co.riverside.ca.us
Contact:
Mr. Eric Charlonne
Contract Administrator
(714) 536 -5430
echarlortne@surfcity-hb.org
The work also included the construction of a masonry building for equipment, including a pump room,
chlorine tank delivery and storage room, and three additional chemical rooms including a fluoride
storage tank and injection pump room. New electrical service equipment, including SCE provided
transformer, main switchgear, MCC, VFD and PLC instrumentation equipment was also part of the
project. A perimeter masonry retaining wall, paving, and automatic entry gate system completed the
package.
Harris provided construction management and inspection services for the project. Harris provided a
part -time, on -site inspector for the duration of the project, and a part -time project manager. The project
manager attended all progress meetings, interacted with the City's design consultant, and provided
staff oversight. Additionally, he processed all correspondence including shop drawings, requests for
information or clarification, progress payment and change orders.
Harris & Associates. Page 15
Statement of Qualifications for On -Call Underground Utility Assessment District Services
City of Huntington Beach
Warner Avenue Gravity Sewer
Harris provided construction management and inspection
services for the microtunneling of a gravity sewer line. We
provided a part -time, on -site inspector for the duration of
the project, as well as a part -time construction manager
to interact with the City's design consultant and attend
progress meetings. Services consisted of processing all
correspondence including shop drawings, requests for
information or clarification, progress payments, and change
orders.
Harris & Associates.
Contact:
Mr. Joseph Dale
Contract Administrator
(714) 536 -5915
jdale @surfcity- hb.org
Page 16
ri 1111111 111111111 ir 4' +
Statement of Qualifications for On -Call Underground Utility Assessment District Services
Advance Notice Requirements
Harris has the resources in both staff and equipment to meet the demand for services on this "on -call"
contract. Being in the construction management business for the past 30 years, we have learned that the
only constant in construction is that it is dynamic and change is pan of the business. We have the ability
to draw from over 250 other staff in nearby offices. Our inspectors are experienced in all aspects of
public works inspection and we have an established track record of providing inspectors on short notice
to our clients. We have always met the requests of our clients to staff projects.
IHarris & Associates. Page 17
1 °IMY r � 1 P^n
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Statement of Qualifications for On -Call Underground Utility Assessment District Services
Description of Services (Exhibit A)
The following is our scope of services for the formation of an Assessment District to be formed under
the authority of the Municipal Improvement Act of 1913. Therefore, all elements required by the 1913
Act, Article XIIID of the California Constitution (Proposition 218), the Proposition 218 Omnibus
Implementation Act, as well as the provisions of the Debt Limitation Act of 1931, will be provided
to the City, including an Engineer's Report that utilizes an appropriate assessment methodology for
apportioning the costs to all properties receiving °special.benefits° from the undergrounding of overhead
utilities. The Engineer's Reports will be prepared and signed by a registered Professional Civil Engineer.
The Scope of Services is broken into five (5) distinct phases as follows:
■ Phase 1 — Petition Coordination,
■ Phase 2 — Engineer's Report and Formation Proceedings,
Phase 3 — Assessment Confirmation and Bond Sale,
■ Phase 4 — Construction Inspection of Utility Contractors in Public Rights -of -Way
■ Phase 5 — Property Owner Coordination after Formation, and
Phase 1 - Petition Coordination
1. In conjunction with the City staff and property owners, determine proposed assessment district
boundary.
2. Provide to the property owners the form of the petition as well as preliminary cost estimates and a
preliminary Boundary Map of the proposed district.
3. Utilize the Orange County Assessor's property owner information to create a property owner
database that will be used for petition confirmation. Prepare a spread sheet showing Assessor's Parcel
Number, area of each lot in acres, area signing petition, front footage, owner, address of property,
mailing address, tract and lot number, and any other pertinent and/or required information.
4. Based on petitions received, determine whether sufficient valid petitions exist to proceed with the
assessment district formation, or whether additional petition gathering efforts are needed.
5. Upon determination that sufficient valid petitions exist to proceed with the formation of the
assessment district, execute Certificate of Sufficiency of Petition.
6. Coordinate with property owners as required during'the petition process.
Phase 2 - Engineer's Report and Formation Proceedings
7. Assist Bond Counsel and City Staff in establishing a project schedule.
8. Attend utility coordination meetings on an as- needed basis. Coordinate between City and property
owners as required.
9. Prepare the Boundary Map and the Assessment Diagram for the Assessment Distria from an
electronic base map supplied by the City.
Harris & Associates. Page 18
Statement of Qualifications for On -Call Underground Utility Assessment District Services
10. Prepare the draft Preliminary Engineer's Report in accordance with the 1913 Act, the 1931 Act and
Proposition 218, to include the following.
■ 1931 Act information and tables
• Plans and specifications (by reference)
• Description of works of improvements
• Preliminary estimate of costs
• Assessment Diagram
• Method of assessment apportionment
• Assessment roll with preliminary assessments
• Right -of -Way Certificate (executed by Superintendent of Streets)
• Certificate of Completion (executed by Director of Public Works)
11. Finalize the Preliminary Engineer's Report, including apportionment and method of assessment
distribution, based on comments received.
12. File Preliminary Engineer's Report with Superintendent of Streets.
13. Attend the City Council meeting at which Resolution of Intention and Preliminary Engineer's
Report are considered and Public Hearing is set.
14. Prepare Boundary Map for recordation and record.
15. Prepare the Notices of Public Hearing and Assessment Ballots, including the property owner's name
and mailing address, Assessor's parcel number and preliminary assessment amount, for mailing
to all assessed property owners of record within the proposed district. Work will be performed in
accordance with the 1913 Act and Proposition 218. This scope assumes Special Council and the City
will review and approve the contents of the Notice and that the City will provide the envelopes and
postage for mailing. Prepare a written declaration that this task has been completed.
16. Prepare Confirmed Engineer's Report in which the confirmed assessment spread is based on final
approved estimate of fees to be financed, including incidental and financing costs.
17. File Confirmed Engineer's Report with the Superintendent of Streets.
18. Attend a property owner information meeting to discuss preliminary assessments.
19. Attend the City Council meeting at which the Public Hearing is conducted to provide technical
support and answer questions. Tabulate the assessment ballots after the close of the public hearing
and present the results to the City Council.
20. Make revisions to the Engineer's Report as ordered by the City Council.
21. Coordinate with property owners as necessary during the formation proceedings.
Halls & Associates. Page 19
4: Gw.
Statement of Qualifications for On -Call Underground Utility Assessment District Services
Phase 3 - Assessment Confirmation and Bond Sale
22. Prepare the Notice of Assessment, List of Assessed Property Owner Names and Assessment Diagram
for recordation and record.
23. Prepare the Notice of Assessment, including the confirmed assessment amount as well as cash payoff
amount, for mailing to all assessed property owners of record within the confirmed district. This
scope assumes Special Council reviews the contents of the Notice and that the City will provide
the envelopes and postage for the mailing. Prepare a written dedaration that this task has been
completed.
24. Prepare the List of Paid and Unpaid Assessments for use by the City.
25. Assist the City and project team with review of the Preliminary Official Statement and the Official
Statement, and provide basic assessment engineering, as necessary, to bring the project to the point of
initial bond sale.
26. Participate in meetings with City staff, project administration and coordination with City staff,
property owners, bond counsel, financial advisor, bond underwriter, appraiser, and other project
consultants.
Phase 4 - Construction Inspection of Utility Contractors in
Public Rights -of -Way
27. Review and be familiar with the projects' plans, specifications, and permits of developer agreement
Special Provisions.
28. Attend meetings and conferences as required.
29. Record information related to work performance; instruction given /received; construction activities
in process, completed, started, etc.; deficiencies noted; construction problems encountered and
resolution notification, actions taken, etc.
30. Review schedules and testing as required, including sampling, and review of test results.
31. Monitor construction work performance, as required, and identify / report discrepancies as they
occur.
32. Review items requiring corrective action with Permittee and submit acceptance recommendation to
Client when corrections have been made.
33. Serve as general field liaison between Permittee and City appointed Project Manager.
34. Prepare and submit reports of observations made, as appropriate.
EI Harris & Associates. Page 20
FIN MT, mal
Statement of Qualifications for On -Call Underground Utility Assessment District Services
Phase 5 - Property Owner Coordination after Formation
35. Answer property owner questions relating to the underground district, service connections, building
permits and all other miscellaneous questions related to the undergrounding.
36. Mailing No. 1: Mail letters to property owners and residents telling them that the Edison contractor
is starting work.
37. Mailing No. 2: Mail letters to property owners and residents telling them that it is time to connect
to the new underground system once Edison has completed installation of the underground conduits
and vaults.
38. Research all returned letters to determine correct address and remad.
39. Keep accurate records to avoid multiple letters to homeowners:
40. Mailing No. 3: Mail follow -up letter about 2 months after Letter #2 was mailed to owners that have
not pulled Electrical Permits. The Building Department will provide the Public Works Department
with a list of those property owners that have been issued Electrical Permits.
41. Research all returned letters to determine correct address and remall.
42. Mailing No. 4: Mail follow -up letter about 2 months after Letter #2 was mailed to owners that have
not pulled Electrical Permits. The Building Department will provide the Public Works Department
with a list of those property owners that have been issued Electrical Permits. This letter will have a
final conversion date with a statement of legal ramifications.
43. Work with City to get any stragglers to underground their services. This may require additional
letters, most likely reviewed and approved by the City Attorney's office, and posting of notices on the
properties.
Exclusions
The following items of work are excluded from the Scope of Services:
a. Right -of -way acquisition services.
b. Post- Public Hearing Services (except as noted), including debt service (amortization) schedules and
placement of assessments on tax roll.
c. Property valuation and tax delinquency information.
d. Advertising of notices in newspaper.
e. Preparation of improvement plans, specifications, and bid documents.
Harris & Associates. Page 21
City fi"e+, f Newport B .G'n a c h
Statement of Qualifications for On -Call Underground Utility Assessment District Services
Services and Information to be Provided by Others
The following information will be provided by the City or others:
a. Postage, letterhead and envelopes for property owner mailings.
b. Fiscal administration.
c. Rights -of -entry onto private property, as required.
d. Current maps, records, plans, etc., that pertain to this project will be provided by the Public Works
Department and/or utility companies, as appropriate, including an electronic base map of the
proposed Assessment District.
e. Preparation and execution of Notice of Exemption (enviromnent documents, etc.)
f. Utility construction cost estimates provided by respective utility companies.
Harris & Associates.
Page 22
City of Newport
Statement of Qualifications for On -Call Underground Uriiity Assessment District Services
Fee Schedule (Exhibit B)
Harris & Associates
Range of Hourly Rates: All Employees
Assessment Engineering and Coordination
Hourly Rate
ProjectDirectors .......................................... ...............................
.......................$190 -270
Project Managers .......................................... ...............................
........................125 -240
ProjectEngineers .......................................... ...............................
........................100 -230
TechnicalSupport .....................................................................
.............................75 -150
Administration.........................................................................
.............................65 -130
Construction / Program Management
Notes:
Hourly Rate
ProjectDirectors .......................................... ...............................
.......................$190 -270
Project Managers .......................................... ...............................
........................125 -240
Construction Managers ................................ ...............................
........................100 -210
ResidentEngineers ........................................ ...............................
........................150 -210
Construction Engineers ................................ ...............................
........................110 -180
Scheduling Engineers .................................... ...............................
........................110 -210
CostEngineers .............................................. ...............................
........................110 -210
Inspectors..................................................... ...............................
........................100 -180
Technicians...............................................................................
.............................90 -160
Administration.........................................................................
.............................65 -130
Rates are subject to adjustment due to promotions during the effective period of this schedule.
Unless otherwise indicated in the cost proposal, hourly rates include most direct costs such as vehicles,
mileage, equipment, computers, communications and reproduction (except large quantities such as
construction documents for bidding purposes).
N I Harris & Associates. Page 23
EXHIBIT 'B'
e
Statement of Qualifications for On -Call Underground Utility Assessment District Services
Joan E. Cox, PE
Project Manager
Ms. Cox is an Associate at Harris & Associates and is
a registered Professional Civil Engineer in the State
of California. She has over 26 years of assessment
and financial engineering experience consulting to
cities, counties and special districts throughout the
State of California. Ms. Cox has assisted agencies with
feasibility studies and the analysis of special benefit
from various types of improvements in accordance with
the requirements of Article XIIID of the California
State Constitution (Proposition 218) and the various
assessment acts within the State Codes. She has
prepared Engineer's Reports and Assessment Diagrams,
and has assisted with presentations to agency boards
and property owners, the preparation and mailing of
notices and ballots, and ballot tabulation. Ms. Cox has
also provided Special Tax Consultant services, including
preparation of the Rate and Method of Apportionment,
Boundary Maps, the District Report, facilities lists,
cost estimates, and boundary descriptions. She has also
managed the annual administration of both bond and
maintenance districts, including assessment segregations
and facility acquisition and reimbursement.
Ms. Cox is an expert in Proposition 218 processes and
has been a lecturer for the UCLA - Extension Public
Policy Program course on Assessment District and
Mello -Roos Financing and a panel member for the
California Debt and Investment Advisory Commission
(CDIAC) Workshop on the Fundamentals of Land -
Secured Financing.
Ms. Cox' involvement in the formation of special
financing districts can be summarized as follows:
• Improvement Assessment Districts, including
1913Act Districts (55 district formations, 39 per
Proposition 218)
• Mello -Roos Community Facilities Districts
(35 district formations)
• Maintenance and Operation Assessment Districts
(115 district formations, 86 per Proposition 218)
• User Fee Rate Structures (22 rate structures, 17 per
Proposition 218)
= I Harris & Associates.
Education
BS, Civil Engineering
Registration
Civil Engineer, CA #41965
Affiliations
American Public Works Association
American Society of Civil Engineers
Presentations
UCLA Extension Public Policy Program
Seminar, Fundamentals of-
Lind-Based Financing: Assessment_
Districts and Mello -Roos Districts,
2003, 2005, 2006
UC Davis Extension Seminar, Special
Assessment Proceedings. 2006
UCLA Extension Public Policy Program,
Meflo-Roos and Special Assessment
Financing Update on Issues and
Practices. 1999, 2005, 2006
California Debt and Investment Advisory
Commission (CDIAC) Workshop,
Fundamentals of Land - Secured_
Financing, 2003, 2004, 2005, 2007
UCLA Extension Public Policy Program
Seminar, Financing Infrastructure-
Maintenance and Public Services,
Spring 2005
UCLA Extension Public Policy Program,
Assessment District Financing
Fundamentals and Current Practices,
2000 & 2003
Floodplain Managers Association,
Alternative Future Funding Solutions
-Special Effects from California's
Proposition 218, Spring 2000
Conference, San Diego, California
Appendix - Project Team Resumes
Statement of Qualifications for On -Call Underground Utility Assessment District Services
Resume of Joan E. Cox, PE (continued)
Experience Highlights:
City of Newport Beach, Utility UndergroundingAssessment Districts. Joan Cox has served as Project
Manager for the formation of 1913 Act Utility Undetgtunding Assessment Districts since 1992. The
improvements are the undetgtounding of electrical and telephone wites within the local stteets and alleys.
For each assessment district, services include the certification of the petition sufficiency, preparation of
the combined 1913 /1931 Act Engineer's Report and all additional required documentation, preparation
and mailing of all notices (including property owner assessment ballots after 1996) tabulating the
ptotests /ballots, assisting in all property owner meetings and public hearings, and assisting with the
preparation of the bond documents after formation. Ms. Cox recently assisted the City with the
establishment of Assessment District No. 69 (West Newport) which included over 600 parcels, and is
currently assisting the City with Undergrounding Assessment Districts No. 87 (Big Balboa Island), No.
88 (Block 2, Balboa Bayside Ttact), and No. 99 (Balboa Boulevard Alley).
City of Berkeley, Utility UndergroundingAssessment District No. 200(-47. Joan Cox served the
City of Berkeley as Assessment Engineer for the formation of a 1913 Act Assessment District to pay for
the undergrounding of overhead utilities in accordance with the provisions of proposition 218. These
services include community meetings with local resident groups, benefit analyses and preparation of the
Engineer's Reports, and assistance with the preparation and mailing of assessment notices and ballots,
ballot tabulation, and assisting the City with its policies and procedures fot Utility Undetgtunding
Districts.
City ofPiednsont, Central piedmont Utility UndergroundingAssessment District Joan Cox served
the City of Piedmont as Assessment Engineer fot the formation of a 1913 Act Assessment District to pay
for the undetgrounding of overhead utilities in accordance with the provisions of proposition 218. These
services include community meetings with local resident groups, benefit analyses and preparation of the
Engineer's Reports, and assistance with the preparation and mailing of assessment notices and ballots.
City of Poway, Assessment District No. 2001-1 (Old Coach Road Waterline Project). Joan Cox served
as Project Manager for the formation of an Assessment District to fund the acquisition of water line
facilities for 43 properties located in the Old Coach Road area. Benefit methodologies were developed
for spreading the cost of the improvements ($615,000), and presentations were made at property owner
meetings. The project included a construction audit for facilities acquisition, the preparation of the
Engineer's Report, Boundary Map, Assessment Diagram, Assessment Roll and assessment ballots. The
project also included the establishment of art overlay Development Impact Fee. Ms. Cox is continuing to
assist the City with post - fotmation services, including debt - service calculations and levy and assessment
segregations and fee calculations should parcels split.
Town of Tiburon, Utility UndergroundingAssessment Districts. Ms. Cox is currently assisting
the Town of Tiburon with the establishment of various Utility Undetgrounding Districts.using the
Municipal Improvement Act of 1913. These services include community meetings with local resident
groups, benefit analyses and preparation of the Engineer's Reports, pteparation and mailing of assessment
notices and ballots, and assisting the Town with its policies and procedures for Utility Undetgrounding
Districts.
01 Harris & Associates. Appendix- Project Team Resumes
Statement of Qualifications for On -Call Underground Utility Assessment District Services
Jeffrey M. Cooper, PE
Project Director
Mr. Cooper has more than 29 years of experience in project
management and public financing. He has served as District
Engineer /Special Tax Consultant for the formation and
administration of Mello -Roos Community Facilities Districts for
numerous communities. He has served as District Assessment
Engineer for the formation and administration of districts under
the authority of the Municipal Improvement Acts of 1913 and
1931 Debt Limit Reports, Benefit Assessment Act of 1982, the
Landscape and Lighting Act of 1972, and Article 3.6 of the
Government Code to form Fire Suppression Assessments for
numerous communities.
Education
MS; Civil Engineering
BS; Civil Eng "sneering
BA, Economics,
Registration
Civil Engineer, :CA
Affiliations
American Public Works
of Civil
In addition to his experience in public financing, Mr. Cooper
has also been responsible for the management of projects for the collection, pumping, and treatment
of industrial and domestic waste, the planning and design of numerous water main projects including
booster pump stations and reservoirs; the planning and design of numerous wastewater pump stations
and sewer collectors, including conducting flow monitoring studies for infiltration /inflow analysis;
master plans of drainage, Flood Insurance Studies, and design of storm drains and open - channels; plans,
specifications and cost estimates for street widening and extensions, including bridge improvements; and
plan checking services with respect to subdivision land development.
Relevant Project Experience
City ofNe"ort Beach, Utility UndergmundingAssessment Districts. Jeff Cooper has served as
Project Director for the formation of 1913 Act Utility Undergrounding Assessment Districts since
1992. The improvements are the undergrounding of electrical and telephone wires within the local
streets and alleys. For each assessment district, services include the certification of the petition
sufficiency, preparation of the combined 1913 /1931 Act Engineer's Report and all additional required
documentation, preparation and mailing of all notices (including property owner assessment ballots after
1996) tabulating the protests /ballots, assisting in all property owner meetings and public hearings, and
assisting with the preparation of the bond documents after formation.
City of Poway, Assessment District No. 2001 -1 (Old Coach Road Waterline Project). Jeff Cooper
served as Project Director and Co- Assessment Engineer for the formation of an Assessment District to
fund the acquisition of water line facilities for 43 properties located in the Old Coach Road area. Benefit
methodologies were developed for spreading the cost of the improvements ($615,000), and presentations
were made at property owner meetings. The project included a construction audit for facilities
acquisition, the preparation of the Engineer's Report, Boundary Map, Assessment Diagram, Assessment
Roll and assessment ballots. The project also included the establishment of an overlay Development
Impact Fee.
NI Harris & Associates. Appendix - Project Team Resumes
iof %42' ,.at €' P Ems`.. B@ u'T''�'a '�+' v
Statement of Qualifications for • n-Call Undergro
Resume of Jeffrey M. Cooper, PE (continued)
City of Lake Flsinore, Assessment and Special Financing District Formation and Administration.
Jeff Cooper has served as Assessment Engineer and Special Tax Consultant for the formation and
administration of the City's 1913 Act Assessment District, Mello -Roos Communities Facilities Districts
and 1972 Act Maintenance District since 1990. Services include the development of assessment
methodologies and special tax formulas, Engineer's Reports preparation, assessment balloting processes,
facilities acquisition services, annual tax /assessment calculations and levy, delinquency monitoring and
reporting, and citizen inquiry.
Clark Countyg NI, Summerlin Development Speciallmprovement Districts (SIDs). Mr. Cooper
is currently District Engineer for Special Improvement District No. 132 (Village 15A 118 for the
acquisition of $24,000,000 in public improvements within the development area. He was District
Engineer for Special Improvement District No. 108 (Summerlin South) from 1997 -98. His
responsibilities include development of the Engineer's Report, negotiation of the project limits and
eligible improvements with the developer and the County, apportioning the assessments based on the
approved methodology, and auditing the $34,000,000 in public improvements for acquisition by the
County.
San Joaquin County Flood Control and hater Conservation District; Water Investigation Zane No.
2 Water Protection and Development Assessment. Mr. Cooper served as Project Director and co-
Assessment Engineer on this successful countywide Proposition 218 benefit assessment for surface and
groundwater protection and management. Under the provisions of Proposition 218, it was necessary
to develop an assessment formula that reflected the proportional benefit received by each property, and
Mr. Cooper worked with District staff and several technical advisory committees to develop the benefit
formula and assisted with a series of workshops and Board of Supervisor study sessions and Board
meetings.
Harris & Associates. Appendix - ProjectTeam Resumes
Statement of Qualifications for On -Call Underground Utility Assessment District Services
Dennis A. Anderson
Deputy Project Manager
Mr. Anderson is an Associate at Harris & Associates
and has over 19 years of assessment and financial
engineering experience consulting to cities, counties and
special districts throughout the State of California. Mr.
Anderson has assisted agencies with feasibility studies
and the analysis of special benefit from various types
of improvements in accordance with the requirements
of Article XIIID of the California State Constitution
(Proposition 218) and the various assessment and
special tax acts within the State Codes. He has prepared
Engineer's Reports and Special Tax Rate and Method of
Apportionments, and Boundary Maps and Assessment
Diagrams, and has assisted with presentations to agency
boards and property owners, the preparation and
mailing of notices and ballots, and ballot tabulation.
He has also managed the annual administration of
both bond and maintenance districts, including facility
acquisition and reimbursement. Mr. Anderson has been
involved in projects relating to all aspects of assessment
engineering and special financing proceedings, and his
involvement in these projects is summarized as follows:
■ Improvement Assessment Districts, including
1913/1915 Act Districts (29 district formations, 16
Education
Undergraduate Studies
Affiliations
American Public Works Association
California Society of Municipal Finance
Officers
Presentations
Southwest Securities Annual investment
Seminar, Land - Secured Investment.
Seminaz,.March `2007 .
APWA Sacramento Chapter
Colic nuing Education Program,
2005
APWA Northern California Cjtaptet . ..
Continuing Eduqatiori Program, . .
Financing Public Projects 2006.
CSMFO Channel Islands.Chapter
lunch presentation' CurrenN
Practices in Special Tax and
Assessment: Districts, °September
2066, September 2007
per Prop. 218)
• Maintenance and Operation Assessment Districts, including the 1972 Act Landscaping and Lighting
District (70 district formations, 54 per Prop. 218)
• Mello -Roos Community Facilities Districts (67 district formations)
• User Fee Rate Analyses (18 rate analyses, 16 per Prop. 218)
Mr. Anderson is an expert in computer software applications relating to researching and developing
databases, user - friendly interface development and programming, and GIS /CARD applications. He
has created a ballot tabulation program, which automates the tabulation and calculation process, and he
has prepared user manuals, conducted training seminars, and has coordinated and trained phone bank
personnel.
Dennis also has extensive experience in presenting information to City Councils in conjunction with
his projects, and conducting training seminars and giving public presentations. In addition, for 7 years
Dennis handled all public inquiries relating to special districts for the City of Vista.
01 Harris & Associates. Appendix - Project Team Resumes
City of Newport r✓``' (sn'u c S l9
Statement of Qualifications for On-Call Underground Utility Assessment District Services
Resume of Dennis A. Anderson (continued)
Relevant Experience
City of Sierra Madre, Mira Monte Sewer Assessment District and Bonita Avenue /Alegria Avenue
SewerAssessment District Dennis Anderson served as Project Manager for the formation of these
1913 Act Assessment Districts to fund sewer improvements. Mr. Anderson prepared the assessment
methodology options and assisted with the presentations to the affected property owners. Notices and
assessment ballots were prepared and mailed to all affected property owners and Mr. Anderson assisted
the City with presenting the Engineer's Reports at the public hearing and tabulating the ballots.
City of Poway, Assessment District No. 2001-1 (Old Coach Road Waterline project). Dennis
Anderson served as Deputy Project Manager for the formation of an Assessment District to fund
the acquisition of water line facilities for 43 properties located in the Old Coach Road area. Benefit
methodologies were developed for spreading the cost of the improvements ($615,000), and presentations
were made at property owner meetings. The project included a construction audit for facilities
acquisition, the preparation of the Engineer's Report, Boundary Map, Assessment Diagram, Assessment
Roll and assessment ballots. The project also included the establishment of an overlay Development
Impact Fee.
City of Tustin, Newport Avenue Extension Feasibility Study. Dennis Anderson served as Project
Manager for this project, where Harris & Associates assisted the City of Tustin with the preparation
of a feasibility study to analyze the City's options for funding the extension of Newport Avenue and
the realignment of the State Route 55 and Edinger Avenue access ramps. The project consisted of a
benefit analysis of the proposed improvements to confirm the appropriate level of funding, an analysis
of the different funding mechanisms available, and development of methodologies for spreading the
costs to benefiting properties. The focus of the project was on creation of either an assessment district
or a community facilities special tax district to fund the improvements. Either way, because there were
multiple property owners and varied commercial and industrial land uses, a benefit -based methodology
was required. Ultimately, a community facilities district was recommended and a preliminary rate and
method of apportionment was developed. Phasing options were presented to the City, including splitting
the district into separate improvement areas.
Clark County, NY, Special Improvement District No. 132 (Village ISA / 18). Mr. Anderson is
the Project Manager responsible for the acquisition of $24,000,000 in public improvements within
the development area. Prior to the District being formed, he reviewed existing financing agreements,
evaluated limits and locations of the discrete facilities to be acquired, developed the assessment
methodology to assess the properties, and prepared a policies and procedures manual prepared to guide
the developer in providing all the necessary documentation for the audit process.
01 Harris & Assodates. Appendix - Project Team Resumes
City @ i S e a v t m @ r
k
Statement of Qualifications for On-Cal I Underground Utility Assessment District Services
Carol J. Hill
Sr. Project Analyst
As a Project Analyst, Ms. Hill has been responsible for the
technical aspects of Public Financing Districts pursuant to the
Municipal Improvement Act of 1913, the Landscape and Lighting
Act of 1972, Mello -Roos Community Facility Districts, Fire
Suppression Assessments, Non -Mello -Roos Special Tax Districts,
and Reassessment/Refunding Districts per the 1984 Act. She
Education.
Information Technology,
No thwood University
Information Processing,
Miami Jacobs Junior
College of Business
Business Major, Cincinnati
Bible College
is proficient at compiling district databases, researching and
analyzing the different parcel attributes, confirming database
accuracy, and ballot tabulation. Her computer and system network skills have been applied to resolve
many technical data challenges associated with coordinating project implementation and handling
property owner inquiries. In addition she has been involved in the preparation of Assessment Diagrams
and Boundary Maps and in using Geographic Information Systems (GIS) as part of the database research
effort.
Ms. Hill's involvement in the formation of special financing districts can be summarized as follows:
• Improvement Assessment Districts, including the 1913 Act
(20 district formations per Proposition 218)
• Mello -Roos Community Facilities Districts
(7 district formations)
• Maintenance and Operation Districts
(45 district formations per Proposition 218)
User Fee Rate Structures
(10 rate structure per Proposition 218)
Relevant Experience
Highlights of her relevant experience include;
City of Newport Beach, Utility UndergrouudAssessmentDistricts. Ms. Hill served as Project Analyst
for the formation of Assessment District (AD), 69 and AD 99. Her work included creating a database of
the district properties, collecting in -field information, verifying existing utility connections and assisting
with assessment diagrams. Ms. Hill coordinated the preparation and mailing of the public hearing
notice and ballot to all affected property owners (approx. 660 parcels in AD 69, and approx. 245 parcels
in AD 99), and tabulation of the ballots that were received. Aker formation of the Districts, Ms. Hill
coordinated the Notice of Assessment mailings to all affected property owners.
City of Newport Beach, Coordination— Utility Underground Assessment Districts. Ms. Hill assisted
the City with property owner coordination for the conversion of private service connections after
the mainline undergrounding construction was complete. This was for AD 69 and AD 68, and the
conversion process extended over 2 years from the initial AD formations. The services involved working
Harris & Associates. Appendix -Project Team Resumes
, ice &L7,1 � �'v
Statement of Qualifications for on -Call Underground Utility Assessment District Services
Resume of Carol J. Hill (continued)
closely with the City, coordinating property owner information mailings, maintaining implementation
status (includes status of permits and inspections) and researching and incorporating property owner
change information over the course of the implementation process. Status lists were shared between all
parties at the City and Ms. Hill via the Cities F1`P site so that all parties could have access to the most
current information available.
City ofMission Viejo, Assessment District 2004 -1 (Overhead Utility Conversion). Ms. Hill served
as Project Analyst for the formation of this 5,000 parcel 1913 Act assessment district. This included
creating a database of the district properties, collecting in -field information such as proximity to
the proposed undergrounding project and providing assessment diagrams via GIS, coordinating the
preparation and mailing of the public hearing notices and ballots to all affected property owners, and the
tabulation of the ballots that were received using a semi - automated computer program utilizing bar -
coding equipment.
City of Tiburon, Lyford Cove and Del Mar Utility Underground Assessment Districts. Ms. Hill
served as Project Analyst for the formation of both these Assessment Districts, which entailed creating a
database of the district properties, assisting with assessment diagrams, coordinating the preparation and
mailing of the public hearing notices and ballots to all affected property owners (220 parcels in Lyford
Cove, and 200 parcels in Del Mar), and tabulating the ballots that were received. After the Districts were
formed, Ms. Hill coordinated the Notice of Assessment mailings to all affected property owners.
City of Santa Clarita, Open Space Preservation District Ms. Hill served as Project Analyst for
the establishment process for a citywide Open Space Preservation Assessment district under authority
of the 1972 Act and in compliance with Proposition 218. This included using the City's Geographic
Information System (GIS) as a tool in researching and analyzing the different parcel attributes and
incorporating the recommended assessment methodology into the parcel database. Ms. Hill coordinated
the preparation and mailing of 51,500 notices and ballots and tabulating the 15,000 ballots that were
returned.
Harris & Assodates. Appendix- Project Team Resumes
F �2 1 a
X �
Statement of Qualifications for On -Call Underground Utility Assessment District Services
David Seevers, PE
Construction Management Lead
Mr. Seevers has 33 years of program and construction management
experience in the public and private sector. He has managed design
and construction of city capital improvement programs, and has
been responsible for managing engineering design, architectural
-1 . di
Education
13S,:Givil Eitgit}eering.
AS, Surveying
Registration
Civil Engineer, CA
services, pavement management, sped unprovement strrcts,
and construction management groups. During construction
phases, Mr. Seevers has been responsible for master schedule development, analysis of construction
schedules utilizing Primavera P3 Project Planner, Claims Review and performed schedule impact analysis.
Mr. Seevers manages the construction management operation in Southern California, and his
representative projects include:
City of Oxnard' Headworks & Redwood Trunk Sewer Projects. Project Director providing
construction management and inspection services on this project which involves the installation of a
trunk sewer using micro-tunneling and open -cut methods.
City San Clemente, El Camino Real Rehabilitation and Revitalization. Project Director providing
full construction management, inspection and public relations services. The project includes construction
of "Bulb -Out" curb sections at the existing intersections, reconstruction of the existing sidewalks with
new interlocking concrete pavers, reconstruction of a block and a half of the existing roadway pavement
section, upgrading handicap ramps and driveway approaches, traffic signal replacement, installation of
new pedestrian walkway lights, tree lighting, crosswalk flasher system, signal video detection, and new
interlocking concrete paver crosswalks.
City of Riverside, Civil Engineering and Construction Services for various Capital Improvement
Projects. Project Director providing civil engineering technical services including, but not limited to
construction management, inspection, and contract administration for various city projects including
street improvement, street lights, traffic signals, sewer and storm drains, grading and general construction
inspection and construction management services.
Riverside County Flood Control and Water Conservation District, On -Call Construction Inspection
Services. Project Director. Providing on -call construction inspection services, as assigned in support
of the RCFC and WCD contract administration section for flood control facilities (both public works
contracts and developer contracts) at various and multiple locations to insure compliance with RCFC
and WCD Standards and Specifications.
City of Garden Grove, Permit Inspection for Multiple Developments. Project Director for the
inspection of private development /encroachment permit work. Mr. Seevers was responsible for making
sure the day to day activities of Harris staff met or exceeded the City's expectations.
City of Los Angeles, Santa Monica Boulevard Transit Parkway Project. Mr. Seevers provided
biddability / constructability review and master schedule review services for the Santa Monica Blvd.
EI Harris & Associates. Appendix- Project Team Resumes
Statement of Qualifications for On -Call Underground Utility Assessment District Services
Resume of David Seevers, PE (continued)
Transit Parkway Project. This $34 million project involved the reconstruction of the existing "big" and
"little" Santa Monica Boulevards into a tree lined multi lane central throughway with access roads serving
side streets on both sides between the City of Beverly Hills and the 405 Freeway in the City of Los
Angeles. The project also included constructing additional lanes to the north and southbound on -ramps
on the 405 Freeway at Santa Monica Boulevard.
City ofPttmo Beach, 4th St /Hury 101 Improvements - Phase IL Project Director for this $1 million
improvements to the 4th Street Interchange over the 101 Freeway. The project involved coordination
with Caltrans, the City, and the local utility companies.
City of Lancaster, Avenue Hlnterchange. Construction Manager responsible for the oversight of this
$6 million widening of Avenue H from 20th Street West to 25th Street West which included widening
the overcrossing at SR 14 and modifying the on -and off ramps, widening the Amargosa Channel Bridge,
construction of new street improvements, reconstruction of existing street improvements, installation of
drainage facilities, and installation of traffic signals and street lighting. The project was partially federally
funded and required compliance with current Caltrans Local Programs Procedures Manual:
Los Angeles Department of Public Works, Alameda Street Project. Project Manager. Mr. Seevers
provided scheduling and claims analysis to the Department for three major projects in support of the
Alameda Transportation Corridor project. He was responsible for evaluating claims and developing
recommendations for the Department's Resident Engineers.
City of Las Vegas, NV, I -15 Flood Control Channel Projects. Project Manager. Mr. Seevers was
responsible for the full service construction management team for this $35 million, two year major flood
control project. The project included significant NDOT interface and extensive work within NDOT
right -of -way. This project consisted of approximately 2,250 meters of multiple barrel reinforced box
culvert placed along the I -15 freeway corridor, tying into existing reinforced box culverts at the south
and north ends of the project. Lateral construction consisted of approximately 3,320 meters of pre -cast
reinforced box culverts.
Clark County, NV, I- -215 Beltway, Section 7B, 8 d-9, Drainage Facilities. Project/Construction
Manager. This $56 million project consisted of the construction of major drainage facilities, interim
frontage roads and partial highway along a 6.4 -mile alignment of the future Beltway around the valley.
The drainage facilities accounted for $24 million of the project. Drainage improvements included the
installation of cast -in -place box culverts ranging in size from 10'x10' to 23'x10' in lengths from 500'
to 2800', reinforced, concrete pipe from 18" to 96 ", trapezoidal channels, rectangular channels and
transition structures.
Southern Nevada WaterAuthority, Southern Nevada Water System Phase II Improvements. Project
Manager. Mr. Seevers was in charge of reviewing the contractor's claims and the Authority's construction
manager's position regarding the claims. The project consisted of the construction of facilities to transport
domestic water from the treatment plant to existing distribution facilities. Harris provided claims analysis
for the project.
Harris & Associates. Appendix- Project Team Resumes
11; _ $ 6 a v me g
Ei
6
Statement of Qualifications for On -Call Underground Utility Assessment District Services
Eric Schlichter
Construction Inspector
Mr. Schlichter has 20 years experience providing lead inspection,
public relations, and office administrative services on major
projects in the Southern California region including roadways,
public infrastructure and buildings, and highway and bridge
construction projects. He is very experienced in the oversight of
numerous operations on large project sites. He has been the front
man and point of contact for all public relations issues on projects
for the Cities of Laguna Hills and Yorba Linda.
City of Yorba Linda, Barstanchury Road Water and Sewer.
Construction Inspector for the construction of a 9,000 LF 16"
concrete mortar lined and coated water line and 10,000 LF 12" to
18" vitrified clay pipe sewer project on Bastanchury Road in Yorba
Linda.. Excavation depth was to 22' feet for the sewer line with
caving issues a constant problem. Mr. Schlichter emphasized traffic
control per the WATCH manual,i,and resolved all public relations
issues arising from the project.
certifications
ICBO.Reinforced Concrete
Special. Inspector
ICBQ Structural Masonry
Special Insp&toi
ACI Certified Grade I
Nuclear Gauge Operator
(Traxler and.CPN)
Caltrans Test Methods:
#231
#216 .
#375
#533' .
#532'
#540
#543.:::.
City of Yorba Linda, FY200"7Annual Overlay and Slurry Seal Inspector. The project consisted
of two separate PS &E construction documents to improve an area covering approximately one- seventh
of the total City area. The primary focus was on the residential streets, collector streets and low volume
arterial streets. The project consists of crack sealing and restriping and a combination of either thin
pavement overlays or slurry seals. The recommended slurry seal streets and streets to receive an AC
overlay were clearly delineated on a street quantity list and plan view map exhibits. Typical street sections
were prepared for the various resurfacing. conditions and detailed the roadway widths, overlay depth(s)
and edge grinding details. A street list also dearly listed an inventory of all quantities.
City of San Clemente, F1 Camino Real Rehabilitation and Revitalization. Construction Inspector
provided full construction management, inspection and public relations services. The project included
construction of "Bulb -Out" curb sections at the existing intersections, reconstruction of existing
sidewalks with new interlocking concrete pavers, reconstruction of a block and a half of the existing
roadway pavement section, upgrading handicap. ramps and driveway approaches, traffic signal
replacement, installation of new pedestrian walkway lights, tree lighting, crosswalk. flasher system, signal
video detection, and new interlocking concrete paver crosswalks.
City of Yorba Linda, Black Gold Golf Course 17th Fairway Reconstruction. Construction Inspector.
This project was part of a large housing development in Yorba Linda that abuts the City's golf course.
To construct several of the homes, the developer excavated half of the 17th fairway to complete the
necessary soils work and raised the house elevation approximately 30 feet. Mr. Schlichter was responsible
for inspecting the construction with respect to the City's interests, including traffic control, dust control,
public safety, impact on golfers, speed of construction.
MI Harris & Associates. Appendix - Project Team Resumes
City 2
Statement of Qualifications for On -Call Underground Utility Assessment District Services
John Johnson
Construction Inspector
Mr. Johnson has more than 30 years of experience in the
construction and inspection field. He has performed inspection
services on numerous roadway, public building projects,
infrastructure utilities, and civic parks.
Education
AS, Aiclu'tecture with a Minor
in' Geology
certification
Building Trades Certificate
Mr. Johnson's roadway and utility experience includes the Harbor
Freeway widening project and various freeway construction projects on I -5, I -10, and I -210, all in
Caltrans District 7. He has provided inspection for roadway and paving, striping, grading, soundwalls,
drainage systems, utility relocation, barrier rail, on- and off -ramp realignments, landscaping, and
electrical work.
City of Tustin, Undergrounding of Communication Cable, Jamboree at 1-5. Construction Inspector.
As part of our on call construction inspection services contract, Mr. Johnson provided coordination
for the City with communications cable on -site representative, traffic control, observation of work in
progress, and backfill and repair of subgrade and asphalt paving.
City of Newport Beach, Balboa Boulevard Vllage Improvements, Phase I d- 11. Senior Construction
Inspector responsible for inspection services for the Balboa Village Improvements, which included
street and parking lot rehabilitation, sidewalk and plaza area enhancement, sewer, water, storm drains,
installation of 840 feet of 8- and 10 -inch diameter water line, decorative streetlight systems, alley
reconstruction, an odor control system for underground sources of methane, restroom demolition and
construction, street furniture installation, park improvements, landscaping and irrigation systems, and a
new landmark tower.
City of Newport Beach, Un&tgrounding of Utilities, Peninsula Phase L Construction Inspector
responsible for the undergrounding of all overhead utilities, Edison, telephone and TV cable systems,
liaison for City, (change in field conditions), coordinated with public utility field representatives to ensure
cooperation of utilities undergrounded and agreement of best possible joint trenching, including existing
utilities.
City of Cypress, Ball Road Improvements / Walker Street Rehabilitation. Construction Inspector for
the Ball Road Improvements and Walker Street Reconstruction which addressed the construction of
median islands, planting, traffic signal modifications and paving. These projects both received Federal
funds and Harris helped the City obtain the proper funding and labor compliance documents. Both
projects were completed on -time and within budget.
Leisure Village Association, Camarillo, Street Rehabilitation Program (FY03 -04). Construction
Inspector. This project includes pavement overlays and slurry seals with selected pavement repair areas.
Our team is providing full -time construction inspection, conducting field investigations and preparing
contract bid documents for the roadway segments identified for rehabilitation in the Association's
Pavement Management System (PMS) report dated July 2002 prepared by Harris & Associates.
0 Hams & Associates. Appendix- Project Team Resumes
N7,
Statement of Qualifications for On -Call Underground Utility.Assessment District Services
Tom Reese
Construction Inspector
Mr. Reese has more than 25 years of construction experience. His experience includes road
reconstruction and landscaping, water tanks, sewer, water, storm drains, concrete structures, septic tanks,
treatment plants, and lift stations.
City of Riverside, Civil Engineering and Construction Services for Various Cap ital Improvement
Projects. Construction Inspector providing civil engineering technical services including, but not limited
to construction management, inspection, and contract administration for various city projects including
street improvement, street lights, traffic signals, sewer and storm drains, grading and general construction
inspection and construction management services.
City of Oxnard, Headworks & Redwood Trunk Sewer Projects. Construction Inspector provided
construction management and inspection services on this project which involved the installation of a
trunk sewer using micro - tunneling and open -cut methods. The project -also modified a pump station and
installed a new drainage system.
Subcontractor (Self - 'Employed). Installation of sewer and storm drains. The rehabilitation of residential
and commercial buildings. This includes framing, drywall installation, plumbing, electrical, curb
installation, and gutters.
Safeworks, Inc:, Senior Inspector (Encino, CA). Reading and interpreting plans and specifications for
sewer systems, treatment plants, water lines, lift stations, storm drains and structures. Road construction
which included curb and gutter reconstruction, fine grading, landscaping and all relative street work.
Monad Construction, Project Manager (Westlake, CA). In charge of bidding on public works jobs as
well as on -site manager. These projects included sewer, water, storm drains. As Project Manager Mr. Reese
was also responsible for road reconstruction and landscaping, water tanks, septic tanks, treatment plants
and lift stations.
Los Angeles County Public Works, Senior Construction Inspector (Alhambra, CA). Responsible for all
aspects of public works projects in the Capital Projects Division which included reading and interpreting
plans and specifications for sewer, water, storm drain systems, concrete structures, road reconstruction
and landscaping. In addition to the above duties were the training of new inspectors, supervising of work
crews and auxiliary employees, overseeing other jobs, and writing evaluations.
MI Hams & Associates. Appendix - ProjectTeam Resumes
PROFESSIONAL SERVICES AGREEMENT WITH
WILLDAN GROUP, INC. FOR ON -CALL
UNDERGROUND UTILITY ASSESSMENT DISTRICT,
ENGINEERING, AND INSPECTION SERVICES
THIS AGREEMENT is made and entered into as of this day of
, 2008, by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation ( "City"), and Willdan Group, Inc., a California corporation whose address is
2401 East Katella Avenue, Suite 450, Anaheim, California 92806 ( "Consultant'), and is
made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City has a need for on -call assistance for Underground Utility Assessment
District, Engineering, and Inspection Services.
C. City desires to engage Consultant to perform on -call underground utility
assessment district, engineering and inspection services throughout the City on
an as need basis ( "Contract ").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Contract shall be Lisa
Penna, P.E.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30th day of June, 2012, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall provide "On -Call" Underground Utility Assessment District,
Engineering, and Inspection services as described in the Statement of
Qualifications attached as Exhibit "A." Upon verbal or written request from the
Contract Administrator, Consultant shall provide a letter proposal for services
requested by the City (hereinafter referred to as the "Letter Proposal "). The
Letter Proposal shall include the following:
A. A detailed description of the services to be provided;
B. The position of each person to be assigned to perform the services, and
the name of the individuals to be assigned, if available;
C. The estimated number of hours and cost to complete the services; and
D. The time needed to finish the specific project.
No services shall be provided until the Contract Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed,
Consultant shall diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Contract, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Contract Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Contract Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by telephone, fax, hand - delivery or mail.
1.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis, in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit "B" and incorporated herein by
reference.
No rate changes shall be made during the term of this Agreement without the prior
written approval of the City. Consultant's compensation for services performed in
accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as
approved by the Contract Administrator. Any Letter Proposal that sets forth fees in
excess of Fifty Thousand Dollars and No Cents ($50,000.00) shall require a
separate Professional Service Agreement approved by per Council Policy F -14.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person and/or classification of employee who performed the work, a
brief description of the services performed and /or the specific task in the
letter proposal to which it relates, the date the services were performed,
the number of hours spent on all work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant
no later than thirty (30) days after approval of the monthly invoice by City
staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in the Letter Proposal. Unless otherwise approved,
such costs shall be limited and include nothing more than the following
costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement and the Letter Proposal, which have been approved in
advance by City and awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and/or other costs and/or payments specifically
authorized in advance.in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Contract, but which is not included within the Letter
Proposal and which the parties did not reasonably anticipate would be
3
necessary. Compensation for any authorized Extra Work shall be paid in
accordance with the Schedule of Billing Rates set forth in Exhibit B.
5. CONTRACT MANAGER
Consultant shall designate a Contract Manager, who shall coordinate all phases
of the Contract. This Contract Manager shall be available to City at all
reasonable times during the Agreement term. Consultant has designated Lisa
Penna to be its Contract Manager. Consultant shall not remove or reassign the
Contract Manager or any personnel listed in Exhibit A or assign any new or
replacement personnel to the Contract without the prior written consent of City.
City's approval shall not be unreasonably withheld with respect to the removal or
assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Contract any of
its personnel assigned to the performance of services upon written request of
City. Consultant warrants that it will continuously furnish the necessary
personnel to complete the Contract on a timely basis as contemplated by this
Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Michael
J. Sinacori, P.E. shall be the Contract Administrator and shall have the authority
to act for City under this Agreement. The Contract Administrator or his /her
authorized representative shall represent City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision.. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
4
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further 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 and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner relate (directly or indirectly) to
the negligence, recklessness, or willful misconduct of the Consultant or the acts
or omissions of its principals, officers, agents, employees, vendors, suppliers,
consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any award of
attorney's fees in any action on or to enforce the terms of this Agreement. This
indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Contract Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Contract.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with City's Contract Administrator in advance of all critical decision
points in order to ensure the Contract proceeds in a manner consistent with City
goals and policies.
13. . PROGRESS
Consultant is responsible for keeping the Contract Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the work, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
R
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
1. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or 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 City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) 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.
2. 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, including without limitation,
contractual liability. If commercial general liability insurance 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.
7
3. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
4. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
1. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
2. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
3. 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.
4. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
5. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
6. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
91
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty-five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
0
reuse by City or others on any other project. Any use of completed documents
for other projects and any use of incomplete documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by City in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the Citys latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
judgment as a design professional and is supplied for the general guidance of
.City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
10
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required bylaw, from the date
of final payment to Consultant to this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City to examine,
audit and make transcripts or copies of such records during regular business
hours. 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.
22. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant
shall not discontinue work as a result of such withholding. Consultant shall have
an immediate right to appeal to the City Manager or his designee with respect to
such disputed sums. Consultant shall be entitled to receive interest on any
withheld sums at the rate of return that City earned on its investments during the
time period, from the date of withholding of any amounts found to have been
improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Contract.
25. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination of
11
this Agreement by City. Consultant shall indemnify and hold harmless City for
any and all claims for damages resulting from Consultant's violation of this
Section.
26. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Michael J. Sinacori, P.E.
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949 - 644 -3342
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Willdan Group, Inc.
2401 E. Katella Avenue, Suite 450
Anaheim, CA 92806
Phone: (714) 978 -8200
Fax: (714) 978 -8299
27. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provision, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days' prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
12
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports and other information
developed or accumulated in the performance of this Agreement, whether in
draft or final form.
28. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, regulations and permit requirements and be
subject to approval of the Contract Administrator and City.
29. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
30. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
31. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
32. 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.
33. 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.
13
34. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FO
By:
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
Edward D. Selich,
Mayor
for the City of Newport Beach
CONSULTANT:
(Corporate Officer)
Title:
Print Name:
(Financial Officer)
Print Name:
Attachments: Exhibit A — Statement of Qualifications
Exhibit B — Schedule of Billing Rates
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Proposal to the City of Newport .Beach
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Assessment District Services
January 8, 2008
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- 2401-E. Kate IIa Avenue, Suite 4A0
Anaheim, CA 92806
(714) 978 -8200
www.willdan:com J www.muni.com
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MuniFinancial
Serving WI L b DAN MuniFinancial
January 8, 2008
Ms. Iris Lee, P.E., T.E.
Senior Civil Engineer
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92658 -8915
Re: Willdan-MuniFinancial's Statement of Qualifications for On -Call Underground Utility
Assessment District Services
Dear Ms. Lee: '
Willdan- MuniFinancial is pleased to submit this Statement of Qualifications (SOQ) to provide
financial consulting and construction services to the City of Newport Beach for the On -Call
Underground Utility Assessment District. We are ideally suited to support agency staff for the
following reasons:
• Longevity: 42 years of municipal service, including professional engineering and financial
consulting services to numerous Orange County cities, including: Irvine, Lake Forest, Fountain
Valley, Laguna Hills, Mission Viejo, Laguna Beach, Tustin, Newport Beach, Brea, Yorba Linda,
Anaheim and Huntington Beach.
• Depth of Experience: We are an industry leader in special district formation and administration —
and we pride ourselves on the collaborative spirit with which we approach our engagements. '
Experienced Project Team: With our expertise, we can provide a comprehensive approach to
your project. Our proposed services can be accomplished in a reasonable time period with an
exceptional level of service.
• Extension of Client Staff. We pride ourselves on working as agency staff. Many of our
personnel have served as public agency staff in the past and are fully appreciative of the needs,
difficulties and methods of operations that most agencies face when attempting to complete
projects. We believe this allows us to be more responsive and provide better service than our
competitors.
We are excited about this opportunity to provide the City of Newport Beach with the excellent service
for which Willdan- MuniFinancial are known. If you have any questions regarding the attached SOQ,
please do not hesitate to contact Mr. Chris Fisher, Principal Consultant, at 951 -587 -3582 or
chrisf @muni.com or Lisa Penna, P.E. at 714 - 978 -8200 or loenna @willdan.com.
Sincerely,
W ILLDAN -MUN IFINANCIAL
Lisa M. Penna, P.E.
Senior Vice President
2401 E. Katella Avenue ♦ Suite 450 ♦ Anaheim, CA 92806 4 714- 978.8200 ♦ 714 - 978 -8299
City of Newport Beach
On -Call Underground Utility Assessment District Services
Table of Contents
FirmBackground ...................................................................... ..............................1
LocalStaffing ........................................................................... ............................... 6
Advance Notice Requirement .................................................. ............................... 7
TeamMember Resumes .......................................................... ............................... 7
Related Projects and References .............................................. .............................15
Description of Services ............................................................ .............................22
FeeSchedule .......................................................................... ............................... 27
w / V V ILLEIAN Page i
��JJW��// Serving Public Agencies MuniFinancial
City of Newport Beach
On -Call Underground Utility Assessment District Services
Firm Background
Willdan, MuniFinancial, Arroyo Geotechnical, American Homeland Solutions, and Willdan Resource
Solutions comprise the five - company public service corporation that has grown from the 1964
establishment of Willdan Engineering, known today as WILLDAN Group, Inc. This group of
companies provides financial and economic consulting;.civil and structural engineering; planning,
geology, and geotechnical engineering; environmental health and safety engineering and construction;
plus security consulting services for public sector clients throughout California and across the nation.
About Willdan
Willdan is among the largest full- service civil engineering and planning
firths in the western United States. The firm has consistently been an
industry leader in providing all aspects of municipal and infrastructure
engineering, public works contracting, public financing, planning, building
and safety, and construction management. Currently we are ranked 136 on
the Engineering News Record list of the Top 500 Engineering firms.
Since 1964, Willdan has helped revolutionize the way consulting services
are provided by networking our offices. Our regional and satellite offices
are strategically located to offer local, focused service to the varied
demographics of our public agency customers. Willdan's organization
enables staff to efficiently communicate individual project challenges and
goals companywide, thereby utilizing all of Willdan's resources to deliver
the highest quality and most cost - effective product.
Willdan understands the unique nature of public agency needs and issues.
In addition to having many of our staff having served in management
positions at public agencies prior to joining Willdan, we have numerous
assignments with over 60% of the cities and counties in California for
building officials, city engineers, planning directors, traffic engineers, and
other public agency staff members.
This with our depth of experience, expertise, knowledge and resources,
Willdan is able to offer practical solutions that are timely and cost
effective, and that meet the needs of individual communities. The diversity of our staffs' experience is
an added value of our professional services.
About MuniFinancial
MuniFinancial was established June 15, 1988 and has the largest special district formation and
administration practice in the nation. We are also known as the pre - eminent municipal disclosure firm,
and a major provider of arbitrage rebate services. Our clients include cities, counties, state agencies,
port authorities, housing agencies, special districts and school districts in 38 states. Our staff of over 70
professionals acts as an extension of Agency staff, providing such services as:
• Financial studies to identify funding sources or to determine optimal utility rates, standby
charges and cost of services;
• Municipal disclosure reports preparation and dissemination;
• Arbitrage rebate calculations;
• Economic studies, such as fiscal analyses of new development, annexation and incorporation
studies and development impact fees;
• Administration of special taxes, assessments, standby charges and utility rates; and
• District formation services for capital project assessment/local improvement districts,
community facilities districts, landscaping and lighting districts, and special taxes.
WILLDAN Pagel
Serving Public Agencies MuniFinan da- I
City of Newport Beach
On -Call Underground Utility Assessment District Services
MuniFSnancial's success is based on a corporate philosophy of personal service. We provide support
throughout the year — and for years after. Clients can be assured that we can be reached should any
questions or issues arise.
We serve as an extension of our clients' staff, augmenting existing personnel by providing specialized
expertise. In support of this, MuniFinancial staff members regularly write articles and conduct
presentations for local, state and national organizations. We hold client workshops, and conduct onsite
training throughout the year to assist clients in keeping abreast of the latest developments, while helping
new Agency staff understand our services.
MuniFinancial focuses on the following client base:
✓
State Agencies
✓
Counties
✓
Cities
✓
School Districts
✓
Special Districts
Proposition 218 Benefit Analysis
• Community Services Districts
• Recreation and Park Districts
Fire Suppression Districts
• Water Districts
Bridge & Thoroughfare Districts
• Vector Control Districts
FINANCIAL CONSULTING SERVICES DIVISION
MuniFinancial has been built on deep, continuing relationships with local government department staff.
With hundreds of ongoing client relationships in finance, engineering and other services, we have been
consistently called upon to assist staff with a range of special projects. In response to this need, the
Financial Consulting Services Division was created.
Our work incorporates excellent public communication strategies and skills. As voter approval
becomes the norm for revenue measures, we offer expertise in communicating persuasive information
to the targeted group, whether developers, land owners or the general electorate. We provide clearly
written report summaries, on -point public presentations and strong meeting facilitation skills.
The table below provides an overview of the services provided by the Financial Consulting Services
Division.
Development hirrastructure
Development Impact &, Utility Connection Fees
Financing
Infrastructure & Public Facilities Financing
for Capital Facilities
Plans
Real Estate Market Analysis & Development
Capital Improvement Plans
Forecasts
Formation Special District
Community Facilities Districts, including
Proposition 218 Benefit Analysis
Special Tax Analysis
Landscaping and Lighting Act of 1972
Fire Suppression Districts
Benefit Assessment Act of 1982
Bridge & Thoroughfare Districts
1913/1915 Act Bonded Assessment Districts
Refunding Bond Analysis & Reporting
Construction Acquisition Services
Notice & Ballot Preparation & Mailing
WILLDAN Page z
Serving Public Agencies MuniFinancial
City of Newport Beach
On -Call Underground Utility Assessment District Services
Fees and Rate
User Fee Analysis
Studies
Utility Rate Modeling
Cost Allocation Studies
Budget Planning
Economic and Fiscal
Policy Analysis
LAFCO Annexation, Consolidation, or New
Financial Modeling, Budget Analysis, &
Governmental Agency Formation Studies
Feasibility Studies
Fiscal Impact Analysis of Projects, Plans, &
Economic Development & Economic
Policies
Impact Studies
COMMUNITY FACILITIES & ASSESSMENT DISTRICTS
MuniFinancial has successfully participated as
special tax consultant and in the role of assessment
engineer in diverse consultant teams for more than 600
districts in 100 -plus municipalities. These projects
involve district formations, consolidations,
annexations, workouts, refundings, parity bond issues
and other special projects.
As consultants who not only perform formation
services but also district administration, construction
acquisition, delinquency management, disclosure
services and arbitrage rebate calculations,
MuniFinancial is able to bring a long -term perspective
to the challenges facing local agency financing.
Community Facilities Districts
The Mello -Roos Community Facilities Act of 1982
authorizes formation of community facilities districts
(CFDs) to finance various public facilities through the
levy of special taxes against the area where said
services and/or facilities are being provided. Facilities
that can be provided under a (CFD) include the
purchase, construction, expansion, or rehabilitation of
any governmental facilities the agency is authorized to
construct, own, or operate and even some private
buildings or sites where seismic, fire safety, or
hazardous waste standards need to be met.
The statute can also fund the following maintenance and services:
• Police and fire protection, ambulance, recreation and library services; and
• Park parkways, open space operations and maintenance and flood control and storm drain
maintenance.
A community facilities district may be initiated by a petition or through legislative action. A noticed
public hearing is required and an election. The levy of a special tax and/or authorization to issue bonds
for long -term financing requires a favorable two - thirds vote of the registered voters residing within the
proposed community facilities district. However, if the district has less than 12 registered voters in its
WILLDAN Page 3
Serving Public Agencies W WFinandal
City of Newport . Beach
On -Call Underground Utility Assessment District Services
boundaries,; a two- thirds favorable vote of the property owners owning property in the district is
required.
1913/1915 Act Assessment Districts
The Municipal Improvement Act of 1913 is the most frequently utilized regulation for assessment
proceedings in California. It is ordinarily used in combination with the Improvement Bond Act of 1915
to allow bond financing of the levied assessment. The improvements authorized for construction by the
1913 Act include virtually any public infrastructure improvement with a life of more than five years.
However, as a result of their general benefit orientation, services such as school and fire are more
difficult to fund.
Under 1913 Act assessment proceedings, the improvement costs are levied against each of the
individual properties within the benefit area on the basis of the benefit each parcel receives from those
improvements. The property owner may pay the assessment amount in cash or allow a lien to be placed
on the property in the amount of the benefit assessment. Then the property owner may make payments
over a specified period typically varying between 10 and 25 years to retire the debt issued to pay for the
improvements. Through the issuance of tax- exempt bonds payable over a period of years, the property
owners are provided the advantages of a lien at arfavorable interest rate for the improvements.
MuniFinancial, along with engineering assistance from Willdan, an affiliated firm, acts as the
assessment engineer in the assessment district proceedings.
Landscaping and Lighting Districts (1972 Act)
The Landscaping and Lighting Act of 1972
authorizes cities to impose assessments on benefited
properties to finance construction of street
landscaping, street lighting, traffic signals, parks,
street trees, sidewalk repair, and recreational
improvements; as well as the maintenance and
servicing of any of these improvements. Formation
of a 1972 Act district is initiated by the legislative
body and requires a noticed public hearing and a
mailed ballot to property owners.
The cost of constructing, these specific
improvements may be collected on a pay -as- you -go
basis or through bond financing where annual assessments pay off the debt over a period not to exceed
thirty years. In order to fund a larger capital improvement, proceeds may be held aside for a stated
number of years in certain circumstances. The annual assessments are paid at the same time and in the
same manner as property taxes.
MuniFinancial approaches the formation„ public hearing, balloting process and administration of
maintenance districts first by creating a successful long -term plan for community support. The core of
this approach is the knowledge that the property owner is also a customer alongside the Client agency.
Street, Lighting and Storm Drain Districts (1982 Act)
The Benefit Assessment Act of 1982 is a mechanism that allows a local agency to levy an annual
assessment on all benefited properties within its jurisdiction for drainage, flood control, or street light
services. It also provides the only means available for a general law city to levy an annual benefit
assessment for street maintenance. Each of these assessments is subject to the provisions of Proposition
218 requiring special benefit be established, a mailed ballot and public hearing.
'WI LLDAN A� Page 4
Serving Public AgenciesMUIIIFII18fIC18l
City of Newport Beach
On -Call Underground Utility Assessment District Services
Once the authority to assess has been established, the annual assessments are levied by ordinance or
resolution. The authority to issue bonds is not included.
In general, maintenance and operation of drainage, flood control and street lighting services and/or the
installation of drainage facilities and/or the maintenance of streets, roads or highways may be funded
annually after the initial formation of a district. A district funding these services is formed after
adoption of a resolution of intention, mailed notice and ballot and a public hearing.
Business Improvement Districts
MuniFinancial is experienced in the formation of Business
Improvement Districts (BIDs) and in the maintenance of
an up -to -date database of all pertinent information related
to each property and property owner in the district.
In the BID formation process, MuniFinancial will develop
a database of all properties within the proposed district. As
necessary from various sources, pertinent information will
be gathered and updated. Maintained data includes owner
name and address, land use, acreage, assessors parcel
number and assessment criteria.
Fire Suppression Districts
Combined with Proposition 218, the government code
provides the authority to form a special district to levy an assessment for funding fire suppression
services if voter approval is received. The assessment can fund the purchase, operation and maintenance
of fire suppression equipment or apparatus; fire suppression personnel salaries and benefits; and,, in
some cases, even fire stations.
The assessment may be levied on any parcel, whether or not the service is actually used so long as
benefit can be demonstrated. The fire suppression assessment per parcel is based on the special benefit
received by the property assessed. The assessment engineer develops uniform schedules and rates from
which the maximum amount of annual assessment for any property may be determined. Benefit may be
based on the type of property use, the risk classification of the structures or other improvements on the
property, or the use of the structures on the property.
Furthermore, as a result of varying benefit, zones or
areas of benefit may be established within the
boundaries of the district to allow for varying
assessments.
MuniFinancial is experienced in developing fire
suppression assessment methodologies, as well as
special taxes oriented toward fire facilities and
services. The special tax requires a two- thirds vote of
the registered voters within the Agency's boundary.
Proposition 218 Studies
Our firm has been in the forefront in Proposition 218
compliance since the implementation in November
1996. We have gained approval of more than 100 LMDs in the past five years alone, all of which were
formed in compliance with Proposition 218. These efforts have included preparing and mailing the
notices and ballots, providing' comprehensive Engineer's Reports, preparing long -range financial
evaluations, and assisting with public workshops and tabulation of the assessment ballots.
WILLDAN Page 5
S
�` MuniFinancial
Serving Public Agencies
City of Newport Beach
On -Call Underground Utility Assessment District Services
With the passage of Proposition 218, new focus was placed on the assessment methodologies and
determination of benefit. This focus, coupled with the new burden of proof provision, placed a greater
emphasis on technical competency. Our assessment engineers have prepared hundreds of levy reports
— giving MuniFinancial the most comprehensive set of assessment methodologies in the industry.
Local Staffing
We have selected senior professionals for the City's project. We are confident that the Willdan-Muni
Financial team has a depth of experience that will successfully fulfill the City's desired work
performance.
Mr. Habib Isaac, Project Manager, will serve as project manager for this engagement. He will organize
and direct consultant tasks and ensure that the deliverables are completed on time and within budget.
Mr. Isaac will be the City's day - today contact and will also be present at meetings during the
engagement. Mr. Isaac has been significantly involved with creating Engineer's Reports for assessment
districts formed under various California statutes, as well as reviewing methodologies used to determine
special benefit and fulfill requirements of Proposition 218.
Mr. James Steffens and Ms. Camille Mahant will provide analytical support for this engagement.
They will be responsible for data gathering and notice drafting, with ongoing review of work products
provided by Mr. Isaac. Mr. Steffens and Ms. Mahant will also be responsible for coordinating with the
City to ensure that data gathering tasks proceed smoothly and to minimize the burden on City staff.
Additional analysts will be assigned to the project as needed.
Mr. Chris Fisher, Principal Consultant in the Financial Consulting Services Division, will serve as
principal in charge and technical advisor throughout the project, affording the team the benefit of his
special district formation experience. Mr. Fisher is one of MuniFinancial's experts in the formation and
administration of 1913/15 Act Local Improvement Districts, Community Facilities Districts, and 1972
Act Landscaping and Lighting Districts.
Mr. Gary Harrison, as a Senior Public Works Observer in our City Engineering Services and
Construction Management Division, brings more than 38 years of Public Works construction
experience to the team. He will perform construction field observation for this project. His experience
includes more than 10 years as a Survey Party Chief and 10 years of experience focusing on
underground utility construction. Mr. Harrison has extensive experience working in high profile
neighborhoods and high traffic density areas.
Project Management
As a successful consulting firm, we understand the importance of project management and team
support. Willdan-MuniFinancial has successfully guided diverse consultant teams through many
projects for the benefit of our clients.
The goal of project management is to achieve the client's objectives on schedule and within budget. To
accomplish this, we employ a variety of tools to monitor project status and to establish effective
communication with the client and between project team members.
Project Monitoring. The project manager monitors budget status through our online accounting
system. The system captures project labor costs, overhead and direct expenses on a weekly basis.
Project managers continually monitor the budget and compare costs to work performed to date. In our
experience, the system is an invaluable tool for reducing cost overruns and budget amendments, a tool
often not found in other consulting firms.
Financial Consulting Services principals and project managers meet weekly to assess the status of each
project and to direct staff. These weekly meetings allow staffing constraints to be identified early and
VW/ V V [LLD t V . Page 6
Serving Public Agencies MuniFinancial
City of Newport Beach
On -Call Underground Utility Assessment District Services
resources reallocated to keep projects on budget and on schedule. These meetings also provide a forum
for applying the group's collective expertise to solving difficult analytical issues that arise in complex
projects.
Client Communication. To remain informed about project status, clients can choose among several
communication options based on their preferences. We can provide regular updates by e-mail, phone
call, meetings, or project status memos. The status memo is particularly effective because it documents
work completed to date, status of remaining tasks, and identification of outstanding issues that require
input from the client.
Quality Control. The principal in charge and project manager assigned to the project provide quality
control and quality assurance. The project manager reviews interim and final work products before
transmittal to the client to ensure that they meet Willdan- MuniFinancial's quality standards. The
principal in charge reviews the final work product, including reports and quantitative models, to provide
a second level of quality control and assurance.
We are confident that our experienced team will provide the levels of attention and work performance
that the City of Newport Beach desires. Following are detailed resumes of the professionals we have
selected to assist the City.
Advance Notice Requirement
With the expertise of Willdan- MuniFinancial, we have the resources to provide the City of Newport
Beach with our services on short notice, based upon project demands. Additionally, given our depth of
staffing and local presence, we can be responsive to urgent requests and/or late changes, and address
these types of issues quickly.
Team Member Resumes
Resumes of the team members Willdan- MuniFinancial will devote to the City of Newport Beach's
project follow.
WILLDAN Page 7
Serving Public Agencies MuniFinancial
4 Years Experience
Areas of Expertise
Special District Formation
and Administration
Education
Bachelor ofScience,
Applied Mathematics with
emphasis in
computational science,
San Diego State
University
Publication
(2002)
Cryptography with
Cycling Chaos
Physics Letter A
V 303 Pgs.345- -351
WILLDAN
Serving Public Agencies
City of Newport Beach
On -Call Underground Utility Assessment District Services
Habib Isaac
Project Manager
Mr. Habib Isaw is a Project Manager in the Financial Consulting Services
Division at MuniFinancial. He specializes in special district formations, which
include, Community Facilities Districts (CFDs), 1913/1915 Assessment
Districts, 1972 Act Landscaping and Lighting Districts, 1982 Benefit
Assessment Districts, and Fire Suppression Assessments. Mr. Isaac's primary
emphasis is in CFDs and he is MuniFinancial's lead Project Manager for the
formation of CFDs.
In addition, through the preparation of Engineer Reports and formation of
various Assessment Districts and Fire Suppression Assessments, Mr. Isaac has
acquired thorough knowledge of the special benefit provisions of Proposition
218, and has facilitated numerous successful protest balloting proceedings in
compliance with the State Constitution.
Prior to joining MuniFinancial, Mr. Isaac gained direct experience in public
finance as the lead analyst in the day - today administration of over 50 School
District CFDs; creating annual reports, calculating and submitting special tax
levies, and preparing continuing disclosure reports for bondholders. Mr. Isaac
also collaborated with a team preparing financial plans that reviewed revenue
sources available for capital facilities for school districts.
Fire Suppression Assessments
• El Dorado County Fire Protection District
• Waterloo - Morada Fire Protection District
• Salida Fire Protection District
• City of San Fernando
Assessment Districts
• City of Cathedral City: Cove Improvement District No. 2004 -2,
$33.8M Bond Issue.
• City of Palm Desert: Section 29 Assessment District— Expected Bond
Issuance - $35M+ (improvements include: road, drainage, sewer, water
lines, and utility undergrounding).
• City of Palm Desert: Highlands Utility Undergrounding No. 04-01.
• City of Solana Beach: Barbara - Granados Utility Undergrounding and
Pacific West Circle Utility Undergrounding. $2.IM Bond Issue
Prop 218 Majority Protest Balloting
• Pleasant Hill Rec. & Park District: Valley High 11, Valley High IV,
Valley High V, Woodside Hills I, and Woodside Hills III
(protest balloting to increase assessments and include escalation factor)
• City of Orange: Landscape District No. 86 -2 (protest balloting to
increase assessments and include escalation factor)
Page 8
MuniFinancial
City of Newport Beach
On -Call Underground Utility Assessment District Services
2 Years Experience
,James Steffens
Areas of Expertise
Senior Analyst
Special District Formation
Mr. James Steffens is a Senior Analyst within the Financial Consulting
Administration,
Services Division based in MuniFinancial's Temecula office. He provides
Rate and Method of
support for district formation and annexation projects, including Community
Apportionment
Facilities Districts (CFDs), as well as support for district bond refundings. He
joined the team in May of 2005.
Special Tax Calculation
Mr. Steffens work experience includes: most facets of CFD formations and
annexations, client interaction, report preparation, identifying and verifying
Parcel Identification and
parcels within district boundaries, creating district databases and analyzing
Verification
assessment spread methodologies, creating boundary maps, and coordinating
and conducting activities involved with the balloting process.
Database Creation and
Prior to his employment with MuniFinancial, Mr. Steffens worked as a
Analysis
financial analyst with an emphasis on corporate mergers and acquisitions.
Boundary Maps I Specific Project Experience
Preparation
Landscaping and Lighting Districts
Education
• City of Fairfield: Landscaping and Lighting District No. 15,
Master ofBusiness
Annexation No. 2.
Administration,
• City of Murrieta: Landscaping and Lighting District No. 25 (Golden
University ofAnzona
Cities). Researched and compiled parcel data and created boundary
map via BricsCad. Assisted with report preparation.
Bachelor ofArts,
• City of Fremont: Niles Area Landscaping and Lighting District.
Economics, California
Researched and compiled parcel database and analyzed district and
State University, Fullerton
Zone characteristics to determine most appropriate assessment
methodology.
Assessment Districts
• Cily of Solana Beach: Barbara- Granados Utility Undergrounding
and Pacific West Circle Utility Undergrounding. Researched and
compiled parcel databases, assisted with the analysis of assessment
methodologies, and created boundary maps via BricsCad.
Balloting
• Antelope Valley Mosquito and Vector Control District Formation:
Assisted with the tabulation of more than 15,000 scanned ballots.
• City of Encinitas: Clean Water Regulatory Fee. Assisted with and
helped coordinate the tabulation of more than 10,000 scanned ballots.
1W WILLDAN Page 9
Serving Public Agencies MuniFinaneial
2 Years Experience
Areas of Expertise
Special District Formation
Public Reports,
Assessment Methodology,
Rate and Method of
Apportionment,
Special Tax Calculation,
and
Balloting
Project Highlights
Cities of Chula Vista,
Fairfield, Roseville,
Temecula, and
Cathedral City
City of Newport Beach
On -Call Underground Utility Assessment District Services
Camille Mahant
Analyst
Ms. Mahant is an analyst within MuniFinancial's Financial Consulting
Services Group. She provides support for district formation and
annexation projects.
Ms. Mahant's experience includes preparing public reports for the
formation of Assessment and Community Facilities Districts, developing
assessment methodologies, and special tax rates and methods of
apportionment, special tax analysis and calculations, feasibility studies,
financial modeling, balloting processes, database creation, assessor
parcel research, and client and project team consultation.
Ms. Mahant's background is in healthcare planning, reimbursement and
business development. Most recently, at Sharp HealthCare in San Diego,
she provided financial and utilization statistics; and prepared strategic
planning reports and map and graph analyses of payer and patient
finance, area demographics, and market share.
Education
Masters
Related Experience
California State
• City of Cathedral City
University, Fullerton
• City of Chula Vista
Bachelor of Science,
a City of Fairfield
University ofMichigan,
. City of Roseville
Ann Arbor
. Stanislaus Consolidated Fire Protection District
• City of Vallejo
�UWIILDAN - Page 10
Serving Public Agencies MuniFinanciai
8 Years Experience
Areas of Expertise
Special District
Formation Expert
Multi- Disciplinary Team
Management
Business Development
and Client Presentations
Project Highlights
Cities of Roseville, Galt
and West Sacramento
Education
Bachelor of Science,
Finance, San Francisco
State University
Professional Affiliations
California Society of
Municipal Finance
Officers
Municipal Management
Association ofNorthern
California
California Municipal
Treasurers Association
City of Newport Beach
On -Call Underground Utility Assessment District Services
Chris Fisher
Principal Consultant
Mr. Chris Fisher is a Principal Consultant in the Financial Consulting
Services Division at MuniFinancial. He is one of MuniFinancial's experts in
Community Facilities District (CFD) and Assessment District formation and
administration.
Prior to joining the Financial Consulting Services group, Mr. Fisher served as
Senior Project Manager for the Northern California region in the District
Administration Services Group at MuniFinancial. He has specialized expertise
in the administration of 1915 Act Assessment Districts, 1972 Act Landscape
and Lighting Districts, 1982 Benefit Assessment Districts, and Mello -Roos
Community Facilities Districts, including:
• Administration of Marks -Roos and Mello -Roos Pools,
Delinquency monitoring, and
• Preparation of Continuing Disclosure Reports to bondholders.
Mr. Fisher oversaw the annual administration of all of the aforementioned
district types for cities, counties, and Special Districts throughout Northern
California. Before taking over his management responsibilities, Mr. Fisher was
an analyst responsible for day -to -day district administration. Prior to joining
MuniFinancial, he worked as a budget and financial analyst for an airline and
an electronics corporation.
Specific Project Experience
Community Facilities Districts
• City of Rialto: CFD No. 2006 -1 (Elm Park), financing of infrastructure
improvements and impact fees.
• Town of Apple Valley: CFD No. 2006 -1 (Ravenswood), CFD No.
2006 -2 (Bell Mountain Estates), CFD No. 2006 -3 (Sky Haven Ranch),
CFD No. 2006 -4 (Vista Del Sol), financing of infrastructure and fees.
• City of Escondido: CFD No. 2006 -1 (Eureka Ranch), financing of
infrastructure improvements and impact fees.
• City of Galt: CFD No. 2005 -1 (Public Safety Services), and
Annexations Nos. 1, 2, 3 and 4.
• City of Union City: CFD No. 2005 -1 (Public Services).
• Val Verde Unified School District: Citation Homes CFD No. 2003 -1,
John Laing Homes CFD No. 2003 -2.
• City of Palm Desert: CFD No. 2005 -1 (University Park), financing of
street, sewer and storm drain improvements, fees and park
improvements.
• City of Chula Vista: CFD No. 12M, service district to provide for
maintenance of habitat areas, parks, landscaping, and storm drain
maintenance.
Landscaping and Lighting Districts
• City of Rancho Cordova: Landscaping and Lighting District No. 2005-
1.
WILLDAN Page I I
Serving Public Agencies MuniFinancial
City of Newport Beach
On -Call Underground Utility Assessment District Services
• City of Chino Hills: Landscaping and Lighting District No. 1
(Vellano).
• City of Vallejo: Downtown - Waterfront Landscaping and Lighting
District.
• City of Atascadero: Landscaping and Lighting Districts No. 01, 02,
and 03.
• City of Roseville: Dunmore Junction Landscape and Lighting District
annexation.
Assessment Districts
• City of Cathedral City: Cove Improvement District No. 2004 -2. Bond
Issuance - $33.8 million.
• City of Palm Desert: Highlands Utility Undergrounding No. 04-01.
• City of Palm Desert: Section 29 Assessment District — (improvements
include: roads, drainage, sewer, water lines, and utility undergrounding).
• City of Solana Beach: Barbara - Granados Utility Undergrounding and
Pacific West Circle Utility Undergrounding.
Statewide Community Infrastructure Program (SCIP)
• Statewide Community Infrastructure Program (SCIP): 2003, 2004,
2005, and 2006. Multiple counties, preparation of engineer's reports,
diagrams, and assessment spreads, and support for multiple bond
issues.
Balloting Processes
• City of Cathedral City: Landscaping and Street Lighting Maintenance
District No. 1 — Benefit Zone 17, 2004, X2,400 ballots mailed.
District Administration Services
• City of Brentwood: Assessments and Marks -Roos pooled districts
• City of West Sacramento: CFDs and Assessment Districts
• City of Elk Grove: Maintenance and Facilities CFDs
• City of Redwood City: CFDs and Assessment Districts
• City of Big Bear Lake: Assessment Districts
WILLDAN Page 12
Serving Public Agencies MuniFinandai .
10 Years Experience
Education
Orange Coast College
Extended Education
Classes from NTT
City of Newport Beach
-On-Call Underground Utility Assessment District Services
Robert "Gary" Harrison
Senior Public Works Observer
Mr. Gary Harrison, as a Senior Public Works Observer in our City
Engineering Services and Construction Management Division, brings more
than 38 years of Public Works construction experience to the team. His
experience also includes more than 10 years as a Survey Party Chief and 10
years of experience focusing on underground utility construction. Mr.
Harrison has extensive experience working in high profile neighborhoods
and high traffic density areas.
Accomplishments:
• Provided oversight for Contractor conformance to quality standards
and construction period delivery commitments.
• Improved city infrastructure such as roadways, sidewalks, etc.
resulting in reduced city liability, claims and taxes
• Managed in excess of 75% of street and highway construction for the
City of Huntington Beach.
• Directed and provided field inspection for the City of Huntington
Beach utility projects for major undertakings such as Sea Cliff Village,
The Hyatt Hotel, new subdivisions and redevelopment projects in the
City.
• Managed and developed a survey team with no employee turnover and
100% promotion rate.
• Mr. Harrison has an exemplary knowledge of ordinances, codes, and
standard specifications, construction methods, inspection criteria, and
design techniques.
Specific Project Experience
City of Irvine — Senior Public Works Observer for the Red Hill/Mac Arthur
Capital Improvement Project. The project includes an intersection
widening, road improvements to widen Mac Arthur and Red Hill to
accommodate the intersection and County channel improvements. Provides
continuous inspection for this $20 million consisting of a triple box culvert,
underground utilities, AC pavement, and overlay, sidewalk, curb and gutter,
median islands, traffic signals and striping. Responsible traffic control,
SWPPP, verification of progress payments, oversight of Contractor for
conformance to plans, specifications, Standard Specifications for Public
Works Construction (Greenbook) and City ordinances.
City of Laguna Beach — Urban Runoff Diversions at Five Locations.
Senior Public Works Observer providing continuous inspection and
coordination survey and testing. The project consists of the installation of
storm water diversion systems to divert low flow storm drain water to sewer
facilities through a weir box and CDS unit. Components of this system
included the installation of weir boxes, storm drain junction structures,
manholes and coordination with Orange County Flood Control District
inspectors and Caltrans. This project required an extensive knowledge of
soils, storm drain and sewer system construction as well as paving and
WILLDAN - Page' 3
Serving Public Agencies MuniFinancial
City of Newport Beach
On -Call Underground Utility Assessment District Services
traffic control. The location of these units were on Pacific Coast Highway
and various ocean front streets necessitating particular attention being paid
to resident and public inconvenience with regard to traffic control and
construction activities.
City of Yorba Linda - Pedestrian and Bicycle/Equestrian Crosswalk
Improvements on Rose Drive between Yorba Linda Blvd. Senior Public
Works Observer for the installation of two pedestrian activated signals on
Rose Drive between Yorba Linda Boulevard and Bastanchury road. The
project consists of underground boring of conduits, excavation of signal
footings, installations of signal poles, roasts arms, signal heads, control
cabinets, traffic loops, wiring and crosswalk striping.
City of Huntington Beach — Verizon FTTP Fiber Optic Installation. Senior
Public Works Observer for a citywide fiber optics installation and Fiber To
The Premise (FTTP). Construction operations included trenchless boring
and installation of conduits, concrete placement for sidewalk areas, paving
and cold milling street for repair of trench sections, slurry seal, parkway and
restorative landscaping, backfill of soils, alignment for conduit tuns within
City Right of Ways and enforcement of NPDES standards.
City of Huntington Beach
• Senior Construction Inspector 36+ years
Primary Functions: To perform any and all types of inspection
assignments' including cash contracts and complex projects in order to
assure quality control on all types of Public Works construction
projects.
• Party Chief 24+ years
Primary Functions: Supervises .a field survey party engaged in land
and construction surveying, operating various instruments and
equipment used in securing data pertaining to lines, comers, elevations,
grades, curves and other surveys; analyzes and processes data
pertaining to land and construction surveying
• Inspector (Utilities) 12+ years
• Surveyor
Y V ILLLJA V Page 14
Serving Public agencies MuniFnandal
City of Newport Beach
On -Call Underground Utility Assessment District Services
Related Projects and References
Summaries of selected project experience performed in the last five years are presented below. We are
proud of our reputation for customer services and encourage you to contact our past clients regarding
our commitment to excellence. We developed separate and distinct assessment methodologies for each
of the four cities listed below.
Cathedral City, CA
Contact: Bill Bayne, City Engineer, (760) 770 -0340; Project Description: Assessment Engineering
Services - Cove Improvement District No. 2004 -02; Date: 2004 -2005
Willdan- MuniFinancial provided assessment- engineering services for the formation of a 1913 Act
Assessment District, using 1915 Act Municipal Bonds to finance proposed sewer and street
improvements for approximately 1,500 existing single - family homes and commercial properties in the
Cove area of Cathedral City.
Newport Beach, CA
Contact: Patrick Arciniega, Associate Engineer and Iris Lee, Associate Civil Engineer, (949) 6443323;
Proiect Descriptions: Assessment Engineering Services for Underground Utility Assessment District
No. 94 and Underground Utility District No. 101; Dates: 2006 — 2007 and 2007 — ongoing, respectively
Willdan- MuniFinancial prepared the Engineer's Report and assessment methodology, and conducted
the balloting for the Underground Utility Assessment District No. 94 for the City of Newport Beach.
The District was made up of 37 single - family residential properties. The undergrounding of overhead
utility lines within the boundaries of the District included trenching, installing the new utility vaults
needed to receive the conduits and transformers, laying the conduit lines into the trenches, re- paving the
street, switching service to the underground system and removing the existing overhead poles and
wires. The balloting for the district was unsuccessful due to the significant cost increase for the project,
as compared to preliminary estimates.
Palm Desert, CA
Contact: Pat Conlon, Special Project Coordinator, (760) 346 -0611 ext.386; Project Description:
Highlands Utility Undergrounding Assessment District No. 04 -01; Date: 2004 — 2006
Willdan- MuniFinancial completed the formation of this utility undergrounding assessment district,
including the engineer's report, fieldwork, assessment methodology and ballot proceedings. In addition,
along with Willdan, we provided administration bidding assistance, and construction observation for the
district. The Undergrounding Assessment District consists of 124 parcels in a residential neighborhood
in Palm Desert.
Solana Beach, CA
Contact: Dennis Coleman, Finance Director, (858) 720 -2461; Project Description: Solana Beach
Assessment District No. 2005 -1 Barbara/Granados Utility Undergrounding and Assessment District No.
2005 -2 Pacific West Circle Utility Undergrounding; Date: 2004 — 2006
For each of these two undergrounding assessment districts, Willdan- MuniFinancial completed
Assessment District Formation proceedings in compliance with the 1913 Act and Proposition 218.
Bonds were issued for each of the two districts under the authority of the 1915 Act. For these
formations, we worked closely with city staff and property owner groups to conduct extensive
fieldwork and develop an assessment methodology that was understood and supported by property
owners, and resulted in over 67% approval for both districts. We completed the engineer's reports and
other elements of the formation proceedings, including the balloting. Finally, we completed the Notice
of Assessment and related tasks associated with the 30 -day cash collection period, and supported the
issuance of.bonds by providing data to the consultants involved in the bond sale.
WI LLDAN Page 15
A Serving Public Agencies MuniFinancial
City of Newport Beach
On -Call Underground Utility Assessment District Services
Public Agency Services
ASSESSMENT DISTRICT FORMATION STRENGTHS
The table below depicts information related to. our recent bonded assessment district projects. These districts were all formed under the Municipal
Improvement Act of 1913, with bonds issued under the Improvement Bond Act of 1915. The districts funded a wide range of public
improvements, with several of them related to the undergrounding of existing overhead utilities. All of these projects involved the balloting of
existing homeowners and the related public outreach necessary to educate and inform them. Willdan- MuniFinancial developed assessment
methodologies that were best suited for each individual district, and the specific improvements and properties within each.
W WILLDAN MMuniFinancial Page 16
Serving Public Agencles
Assessment Engineering Services for
City of Newport Beach
Underground Utility Assessment District
2006 -2007
$833,000
Undergrounding of overhead utilities
No. 94
and related work, ballot failed.
Assessment Engineering Services for
City of Newport Beach
Underground Utility Assessment District
2007- Ongoing
TBD (in process)
Undergrounding of overhead utilities
101,
and related work.
City of Palm Desert
Highlands Utility Undergrounding
Assessment District No. 04 -01 "
2004 -2006
$3,000,000
Undergrounding of overhead utilities
and related street improvements
City of Palm Desert
Section 29 Assessment District 2004 -2
2005 -2006
Construction of sanitary sewer, storm
Assessment District No. 2005 -1
$38 400,000
drain, street and watersystem facilities.
City of Solana Beach
Barbara Granados Utility
2005 -2006
$2,400,000
Undergrounding of overhead electrical
Undergrounding
utilities and related improvements.
City of Solana Beach
Assessment District No. 2005 -2 Pacific
West Circle Utility Undergrounding
2005 -2006
Undergrounding of overhead electrical
overhead electrical
$1,000 000
utilities and related
City of Solana Beach
Assessment District No. 2008-1 ist
(AAarsolan Underground Utility District )
2007- Ongoing
$y 000,000
Undergrounding of overhead electrical
9
utilities and related improvements.
City of Cathedral City
Assessment Engineering Services -
20042005
$38,900,000
Construction of sanitary sewer system,
Cove Improvement District No. 2004 -02
streets and roads, and curb and gutter
improvements.
W WILLDAN MMuniFinancial Page 16
Serving Public Agencles
City of Newport Beach
On -Call Underaround Utilitv assessment nfetr:rt c_, ,;..e.
SPECIAL TAX CONSULTING STRENGTHS
MuniFinancial has consistently been at the forefront of innovative approaches to special district formation and administration in California. We
pioneered many practices that are now considered industry standards by our competitors. In utilizing our broad range of experience amassed over
the years from supervising the formation of special districts, our proposed methods and approaches provide an insight into the practical
requirements of special tax implementation efforts, relevant legislation and case law.
MuniFinancial has successfully participated as special tax consultant and in the role of assessment engineer in diverse consultant teams for more
than 800 municipalities. These projects involve district formations, consolidations, annexations, workouts, refundings, parity bond issues and other
special projects.
We have significant experience with the unique requirements surrounding formations of CFDs for services, such as police services and fire
protection, as well as districts related to bonds funding allowable capital improvements. The table below depicts information on our recent past
CFD formation projects for districts related to bonds. All projects listed below are Acquisition Districts.
March
City of El Centro
2007
In Progress
CFD 2007 -1
Pulte Homes
40
$2,000,000
Developer impact fees
(Legacy Ranch
City of Escondido
2006
5/06 — 9/06
CFD 2006 -1
Lennar
66.367
$17,100,000
Infrastructure improvements
provements and
Eureka Ranch
Homes/Centex
impact fees
2006
6/06-9/06
City of Murrieta
Alexander
10
$2,800,000
Infrastructure improvements: water and
CFD 2006.3 (Magnolia)
Communities
sewer system, streets, storm drains, and
parks
Formation
2006
On- going/
City of
Headlands
complete /
Funicular (vertical tram from cliff Isea),
2006
Dana Point
Reserve LLC
121 Bond
street, water and sewer infrastr
Headlands CFD
amount not
improvements
determined
WILLDAN MMmFnancial Page 17
Serving Public Agencies
City of Newport Beach
On -Call Underground Utility Assessment District Services
Start / •• Issuer Developer
tear
1. •
Improvements • ••
Amt
2005- City of Indio
2006 CFD 2006 -1 DR Horton
Impact fees, street improvements, storm
97.27 $10,225,000
2006
(Sonora Wells)
drain, water &sewer improvements
7/05 — Present
Formation
City of Moorpark
$38,000,000
2005-
done; bonds
CFD 20041 (Moorpark
Pardee Homes
128
for Moorpark
Impact fees, street improvements, parks &
2006
not yet issued
Highlands) & CFD 2004 -2
Highlands
school fees
for Moorpark
(Moorpark Vista)
Vista.
2005-
10/05-6/06
City of Rialto
Shea Homes
14.0
$6,000, 000
Backbone infrastructure and developer
2006
CFD 2006 -1 Elm Park
impact fees
IA 1:
2005
1/05-7/05
City of Indio
DR Horton &
285
$10,200,000
Street improvements, water & sewer
CFD 2005 -1 (Talavera)
Sheffield Homes
IA 2:
improvements
$9,130,000
200
City of Calexico
Pacific Century
Impact fees, street improvements, sewer
2006 6
5/05-7/06
CFD 2005 -1
Homes; Pacific
142.18
$14,710,000
&retention basin improvements
Hearthstone
Centu Group
City of Chula Vista Public
2005-
3/05-7/05
Financing Authority
Refunding
Refunding
$93,930,000
Refunding
2006
Revenue Refunding Bond
Series 2005A
Multiple,
including Hover
City of Palm Desert
Development Co;
Streets, storm drain, park, sewer, water,
2005
1/05-7/05
University Park CFD
Palm Desert 234
247.18
$70,000,000
and traffic signal improvements
2005 -1
LLC;The Evans
Cc: Sinatra &
Cook Project LLC
w WILLDAN mMuniFinandal Page 18
Serving Public Agencies
City of Newport Beach
On -Call Underground Utility Assessment District Services
2004
2004 —2004
City of Perris
CFD 2004 -3
Classic Pacific
Ltd.
95.73
$17,820,000
Streets, roadway improvements, sanitary
Monument Ranch
Carl K cola
sewers, water supply and school facilities
2004
2004 —2004
City of Perris
CFD 2004 -2
CLC
55.82
$6,000,000
Streets, roadway improvements, sanitary
Corrnan Leigh)
Communities
sewers, water supply and school facilities
City of Perris
Sunwest
2004
2004 —2004
CFD 2004 -1
Enterprises &
12.61
$4,000,000
Streets, roadway improvements, sanitary
(Amber Oaks)
Young Homes of
sewers, water supply and school facilities
California
City of Elk Grove
Hockwood
Transportation, wastewater system,
2003
2003 —2003
CFD 2003 -1
Development,
910
$29,570,000
potable & non - potable water, drainage,
Inc.
landscaping, & other public facilities
Truckee - Donner Public
Utility District
East West
616.20
$12,445,000
Specific PUD regional & project - related
2003
2003— 2004
(Gray's Crossing & Old
Partners
1,004.41
$15,000,000
infrastructure & other public infrastructure
Greenwood
2003
2003 —2003
Val Verde Unified SD
John Laing
36.39
$2,975,000
School site acquisition, school facilities &
CFD —John Lain Homes
Homes
sewer treatment
2003
2003 —2003
Val Verde Unified SD
CFD 2003 -1
Citation Homes
124 for 4
$1,984,000
School site acquisition, school facilities &
Citation Homes
IAs
sewer treatment
2003
2003 —2003
City of Perris
CFD No 2003 -1
Richmond
43
$3,060,000
Streets, roadway improvements, sanitary
American
sewers, water supply and school facilities
(Chaparral Rid e
2003
2002 —2003
City of Perris
CFD No 2002 -1
Tanamera
68
$5,860,000
Streets, roadway improvements, sanitary
(Jan)
Homes
sewers, water supply and school facilities
Willowbrook
W WILLDAN MuniFinancial
Serving Public Agencies
Page 19
City of Newport Beach
On -Call Underground Utility Assessment District Services
IWWILLDAN �Mm Fnancial Page 20
Serving Public Agencies
6
City of Newport Beach
On -Call Underground Utility Assessment District Services
The table below depicts information on our recent past CFD formation projects related to the funding of public services and/or
maintenance, or non - bonded districts.
Initial
Purpose Distric Annual Acreage & off
Special 1. 1
Levy Parcels
727 Acres Provided for maintenance of storm
Maintenance of drain facilities and filtering
City of Chula Vista December
Landscaping /Storm Drain $3,300,000 systems, passive and active parks
(Village 2, CFD 13M) 2006
Facilities and trail systems, median and
slope landscaping
117 Acres, 900
Provided for maintenance of storm
City of Chula Vista
Maintenance of
SFR Units, 221
drain facilities and filtering
g
(Village 7, CFD 12M)
Landscaping /Storm Drain
June 2005
$1,100,000
MFR Units
systems, passive and active parks
Facilities
and trail systems, median and
slope landscaping
City of Palm Springs
Public Safety Services
October 2005
$933,000/Yr
352 Acres
Public Safety, Police
City of Rialto
Landscape Maintenance
June 2006
$242,000/Yr
Median and Park Landscaping and
and Public Safety
14 Acres
public safety services
City of Covina
Public Safety and Park
June 2007
$52,000
2.5 Acres
Public Safety Services (Police,
Fire, Paramedic) and Park
Maintenance Services
Maintenance
City of Galt
CFD 2005.1
Provide for Public Safety
112 Acres
Financed the provision of police
(Public Safety
Services
March 2005
I
$154,000
I
services and fire protection and
Services)
suppression services.
V ILLDA1 V Page 21
MuniFinancial
Serving Pu611c Agencies
City of Newport Beach
On -Call Underground Utility Assessment District Services
Description of Services
Willdan- MuniFinancial will provide the following services related to the formation of underground
utility districts for the City of Newport Beach.
District Formation Services
TASK 1: PROJECT KICK-OFF
Conduct initial kick -off meeting via conference call with City staff and consultants to discuss
procedures and responsibilities, various issues of the project and the City's goals. The primary objective
of this meeting is to identify key personnel that will be involved in the project and establish effective
lines of communication. This meeting will likely include specific discussions of the City's goals and
priorities, discussion of improvement areas, political considerations, overall project timeline, budget
information, and availability and access to pertinent documentation, maps and data. These discussions
may also touch on potential policy and legal issues the City is concerned with (if any), and speck
steps for implementation.
• Assist City staff and the financing team in establishing a project schedule.
• Assist City staff in coordinating and evaluating petitions for formation of districts, and
analyzing preliminary cost estimates received from participating utilities.
• Prepare preliminary boundary maps for discussion and district planning purposes.
TASK 2: DATA GATHERING
Gather information related to the project from the City, the County Assessor's Office and Auditor -
Controller's Office, the financial advisor, and the City's Engineer. Information will be gathered through
meetings, correspondence, and follow -up phone calls to ensure accuracy and completeness.
Conduct appropriate fieldwork related to property within the boundaries of the proposed district in
order to make special benefit determinations and to gather information necessary for the development
of the district assessment methodology.
Prepare a detailed parcel database showing assessor's parcel number, assessment number, lot area, front
footage, assessed land and structure values, County land use, development status, ownership, property
address, mailing address, and any other information necessary. The database will be used to calculate
each parcel's assessment amount and to prepare a mailing list for balloting and notice requirements.
Provide the City with an electronic file of this data.
During the preceding steps, be available to answer questions from city staff and the public related to the
formation of the district.
TASK 3: REPORT METHODOLOGY
Based on information gathered, prepare a preliminary assessment analysis. We will establish a
reasonable special benefit nexus between the improvements and the properties within the proposed
district (and zones). Based on variations in benefit within the proposed district and/or surrounding
properties, we will prepare a recommended district structure (with benefit zones, if appropriate), a
method of apportionment and assessment evaluation for discussion with City staff, including any
identified general benefit or other revenue contributions.
1. We will prepare an assessment roll and related computations from our database including:
a. Determining the boundary of the district and zones, the assessor's parcels in the
boundary and assigning each parcel an assessment number;
WILLDAN Munirinandal Page 22
Serving Public Agencies
City of Newport Beach
On -Call Underground Utility Assessment District Services
b. Identifying the appropriate measurement factors on which to spread the assessment lien
and assigning factors to each parcel; and
C. Computing the assessment lien for each parcel in the district based on the factors
assigned to each parcel, and the improvement costs determined to be of special benefit.
2. The assessment methodology will take into consideration the potential of land use, density, and
acreage and as appropriate; safety, improved reliability, overall neighborhood aesthetics and view
enhancement aspects of the properties. The assessment methodology proposed will be designed to
protect the bonds, as well as fairly assess properties expected to be in the district.
Prepare a boundary map, and an 18 -inch by 26 -inch assessment diagram that is suitable for recording,
as well as in an 8 -inch by I I -inch format that will include the following items (copies also to be
provided to the City):
1. Legal parcels that will exist at the time of district formation;
2. The assessor parcel numbers or tract and lot information for each parcel; and,
3. The assessment number assigned to each lot, corresponding to the assessment roll
Based on input from the City, the City Engineer, bond counsel, and our engineering analysis of general
and special benefit; determine the improvements to be included in the district. Prepare a narrative
description to be included in the Engineer's Report. If required, additional improvement zones will be
established and different methodologies can be developed to address the benefit one area receives from
improvements or services that another area does not receive.
Prepare a cost estimate of the improvement items, incidentals and issuance costs related to the district to
be included in the Engineer's Report. The project cost estimate, including incidentals, will be
coordinated with the City Engineer. The bond issuance costs will be discussed with the team to insure
all appropriate costs have been included correctly; such as, capitalized interest, official statement
printing, reserve fund level and any required bond security.
Based on the boundaries of the district, develop the method of assessment, the improvements to be
funded, the proposed development, and any effective tax rate limitations. To ensure all considerations
have been addressed, the method will be discussed with the project team, and then finalized for the
preliminary Engineer's Report and the final Engineer's Report. The method will be devised to
specifically address general benefit, the special benefit that each parcel receives, the special and general
benefit ascribed to public agency parcels, and the effect, both financial and political, on the homeowner
or secondary property owners.
TASK 4: PUBLIC OUTREACH
The City of Newport Beach is aware of the importance of communicating the issues and educating
property owners with the facts before they are asked to cast their ballot for or against a new assessment.
MuniFinancial can also assist the City with specific elements of the public outreach efforts focused on
informing property owners of the issues and aspects of the proposed district including the development
and mailing of an informational piece, such as a Frequently Asked Question (FAQ) Guide. If the City
wishes to implement a more concentrated outreach effort to garner support for the proposed district and
assessments, a consulting firm specializing in public relations may need to be retained by the City to
conduct such an effort.
We will assist the City with coordinating and scheduling of public outreach efforts based on our
findings and recommendations established in Tasks 2 and 3. The public outreach will be preformed
prior to and concurrently with the tasks outlined in Task 5. As part of an overall education effort,
'�VWLLDAN m=MuniFinancial Page 23
Serving Public Agencles
City of Newport Beach
On -Call Underground Utility Assessment District Services
MuniFinancial will perform the following tasks to assist the City with its public outreach and
communications with the affected property owners within the proposed district.
Develop and Mail FAQ Guide: Generally, when an agency is proposing a new assessment for
existing developments, it is essential that the agency communicates its improvement plans and
proposed assessments in advance of the actual ballot proceedings. To assist the City with this
communication effort, MuniFinancial proposes to prepare and mail to each property owner as
part of an overall education effort, an informational piece (FAQ Guide). This document will
present several questions and corresponding answers for typical issues raised by property
owners. We recommend that the FAQ Guide be mailed to property owners preparatory and
often in conjunction with a scheduled public information meeting prior to the ballot mailing.
However, if the City prefers not to conduct a public information meeting(s), a similar FAQ
Guide can be issued in conjunction with the assessment notice and ballot mailing.
Public Information Meeting(s): Our proposed scope of work and fees anticipates our
participation in one (1) or two (2) public outreach meetings depending upon the size and
makeup of the district. MuniFinancial will assist the City with conducting outreach meetings
that will focus on informing property owners of the proposed district, the special benefit
methodology of the proposed assessment, and the related Prop. 218 balloting. It is critical that
the rationale for the assessments be effectively communicated to property owners who will
ultimately be asked to cast their ballot. The workshops will provide a forum where residents
and property owners can express their thoughts, ask questions, and meet individually with
representatives of the project team to provide more detailed information regarding their
property. We intend to utilize the outreach meetings to receive input and make modifications,
where appropriate, that address concerns of the stakeholders, while maintaining a sound special
benefit nexus. Throughout the process, it is our intention to closely work with the City and
property owners in a collaborative manner to construct an assessment methodology that is
clearly understood and supported by the affected property owners. In our experience, this
approach provides the highest probability for a successful balloting. Although two public
outreach meetings will likely be sufficient for most projects, additional workshops may be
required, and as an optional service we will attend and assist City staff with these additional
public information meetings, as requested by the City.
TASK 5: PREPARE AND MAIL NOTICES AND BALLOTS
Prepare and mail the legal notice of the Public Hearing and the protest ballots to conform to all current
legislation. The legal notice will include the time, date and place of the Public Hearing and will also
serve as an informational mailer. The property owner ballots will include the assessor's parcel number,
the property owner and mailing address (or the situs address based on discussions with bond counsel
and City staff), the proposed assessment amount broken down by improvement type, the method of
assessment and the property's specific benefit as required by Proposition 218.
Coordinate with the City to tabulate all ballots. We have developed a software program that quickly and
accurately tabulates all ballots. Each ballot will include unique barcodes that can be scanned and
tabulated within our program. Typically, we can tabulate approximately 600 ballots per hour.
TASK 6: MEETINGS
Throughout the formation process, we will attend meetings and participate, as necessary, in conference
calls with the City to facilitate in a timely manner the completion of resolutions, the Engineer's Report
and, as needed, the official statement to allow for bond issuance. This includes attending up to one (1)
Project Team meeting, one (1) or two (2) property owner workshops (depending on the specific project)
and two (2) City Council meetings to approve the Resolution of Intention and conduct the Public
Hearing and approve the Resolution of Formation. Based on our hourly fees, we will attend additional
meetings, such as utility coordination meetings, at the City's request.
WILLDAN MMuniFinandal Page 24
Serving Public Agencies
City of Newport Beach
On -Call Underground Utility Assessment District Services
Post Formation Services
If the district is not formed, our services are concluded. If the district is formed, we will notify property
owners of their final assessments and prepayment amounts, assist the financing team with data required
to fund the improvements, and record necessary documents.
TASK 1: RECORDING OF DOCUMENTS
Provide the Assessment Diagram and Notice of Assessment to the City to obtain appropriate signatures,
and record the documents at the County of Orange Recorder's Office.
TASK 2: MAILING OF NOTICE OF CONFIRMED ASSESSMENT
Prepare and mail confirmed assessment apportionment and Notice of Assessment to each property
owner of record within the proposed district. The notice will serve as the beginning of the 30 -day cash
collection period and will provide the discounted payoff amount to property owners that wish to pay off
their assessment prior to the sale of bonds. We will provide certification stating that this task has been
completed.
TASK 3: PREPARE PAID /UNPAID LIST
After the 30-day cash collection period, we will coordinate with the City on any payoffs and prepare the
paid and unpaid list of assessments for the finance and final bond documents.
TASK 4: PREPARE OFFICIAL STATEMENT TABLES
As necessary, provide information and review the preliminary official statement or state loan
documents. Develop data tables for the official statement, including value -to -lien summaries, top
owners, development status, and other data required by the financing team.
TASK 5: PREPARE FINAL REPORT
Prepare a final Engineer's Report that includes any cast savings from those originally estimated and to
reflect parcels that paid off their assessments during the 30-day cash collection period. File the final
report with the Superintendent of Streets.
TASK 6: MEETINGS AND OTHER COMMUNICATION
Participate in conference calls with City staff, bond counsel, financial advisor, bond underwriter,
appraiser, and other project consultants.
We will also be available to answer questions and provide information to property owners, project
proponents, community association representatives, and other interested parties.
Client Responsibilities
For this project, the City of Newport Beach will need to provide the following:
• Complete documentation and data related to the district, including electronic copies of pertinent
information;
• Zoning, entitlement or other engineering related data that may be necessary in the development
of the assessment methodology.
• Cost estimate information and updates from the utility companies as appropriate; and
• Opinions as requested from the City Attorney's Office.
• Arrange for any required publications notice of City Council meetings or Public Hearings in the
local newspaper.
WILLDAN MuniFinancial Page 25
serving Public Agencies
City of Newport Beach
On -Call Underground - Utility Assessment District Services
Legal Opinions
In preparing resolutions, notices, ballots, or other legal documents, MuniFinancial 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.
Construction Field Observation
The following outlines a general scope of work the Team will perform on this project.
FIELD OBSERVATION
The Willdan- MuniFinancial team can provide full -time detailed field observation services to verify
compliance with the applicable contract documents and standard drawing for this project, Caltrans
Specifications and Standard Specifications for Public Works Construction (Greenbook).
The following represents some of the specific items we will provide:
• Verify the Contractor's compliance with the requirements of the Storm Water Pollution
Prevention Program (SWPPP).
• Produce daily reports of contractor's activities, equipment and personnel.
• Attend all construction and field meetings.
• Monitor the Contractor's activities to identify actual and potential construction associated
problems and suggest sound solutions to the Resident Engineer.
• Issue correction and compliance notices to the Contractor as necessary.
Additionally, the Willdan- MuniFinancial team will provide the appropriate staff to assist the City with
the utility underground conversion coordination on private properties. Our staff has extensive
experience working with the utility companies, assisting the property owners and residents, and
coordinating permit requirements.
TRAFFIC CONTROL AND PUBLIC SAFETY
Our staff will review and monitor all traffic control and public safety plans for compliance with all
safety laws and regulations and WATCH manual. Review all detour, lane closures, temporary access,
signing, delineation and traffic control plans. Report deficiencies to contractor.
COORDINATION OF OTHER PROJECT CONSULTANTS AND UTILITIES
Our staff will coordinate technical inspection, testing and survey services provided by others and
receive a copy of all inspection and testing reports on the day of the inspection or test. Provide
notification to affected utilities regarding work that may affect their plant and services.
PROGRESS PAYMENTS
Our staff will review Contractor's payment applications submitted with the Contractor and determine
whether the amount requested reflects the progress of the Contractors work.
WILLDAN MuniFnandal Page 26
Serving Public Agencies
Fee Schedule
Following are Willdan- MuniFinancial's current hourly fee ranges good through June 30, 2012.
Division Manager 200-245 Principal Engineer 1 190-233
Senior Construction Manager
150-184 j
Principal Consultant
190-233
Division Manager
170-208
Construction Manager
140-172
Senior Project Manager
155-190
City Engineer
170-208 1
Asst. Construction Manager j
115-141
Project Manager
135 - 165
Project Manager
170 - 208
Utility Coordinator 1
120-147
Senior Project Analyst
Senior Analyst
Analyst
120-147
110-135
90-110
Program Manager
Supervising Engineer i
r —�
Senior Engineer
170-208
155 -190
140 172
Labor Compliance Manager
Labor Compliance;
Supervising Public Works
Observer
115-141
115-141
Analyst Assistant
75- 92
Senior Design Manager
140-172
Public Works Observer
105 - 129
Property Owner Services
Representative
50- 61
Design Manager
130-159
Assistant Public Works Observer
95/105 - 116/129
Support Staff
45- 55
Associate Engineer
130-159
Senior Design Engineer II
125-153
Senior Design Engineer 1
125-153
Designer II
120-147
--_— - .- --- -__ -- -_
--- ...- - --
Desginer 1
Design Engineer 11
___.— .____..__.__ —__ .
Design Engineer 1
115-141
' 115-141
-._ —_ ... . _,. .
110-135
_------
j
Senior Drafter
105-129
Drafter II
95-116
i
Drafter 1
90-110
Technical Aid
80- 98
EXHIBIT t