CONTRACT 4013 Professional Services Agreement CLOSED40
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
WILLDAN FINANCIAL SERVICES " WILLDAN"
This AGREEMENT is entered into this 15th day of August, 2009, by and between the
CITY OF EL SEGUNDO, a municipal corporation and general law city ( "CITY ") and
WILLDAN FINANCIAL SERVICES, a California Corporation ( "CONSULTANT ").
1. CONSIDERATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed in the
SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by the
terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to
exceed thirteen thousand five hundred dollars ($13,500) for CONSULTANT's
services. CITY may modify this amount as set forth below. Unless otherwise
specified by written amendment to this Agreement, CITY will pay this sum as
specified in the attached Exhibit "A," which is incorporated by reference.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform services listed in the attached Exhibit "A," which is
incorporated by reference.
B. CONSULTANT will, in a professional manner, furnish all of the labor, technical,
administrative, professional and other personnel, all supplies and materials,
equipment, printing, vehicles, transportation, office space and facilities, and all
tests, testing and analyses, calculation, and all other means whatsoever, except as
herein otherwise expressly specified to be furnished by CITY, necessary or proper
to perform and complete the work and provide the professional services required
of CONSULTANT by this Agreement.
3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT
will use the appropriate generally accepted professional standards of practice existing at the time
of performance utilized by persons engaged in providing similar services. CITY will
continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any
deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any
shortcomings to CITY's reasonable satisfaction. Costs associated with curing the deficiencies
will be borne by CONSULTANT.
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4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement,
CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and
hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit "A ")
the tasks performed, the percentage of the task completed during the billing period, the
cumulative percentage completed for each task, the total cost of that work during the preceding
billing month and a cumulative cash flow curve showing projected and actual expenditures
versus time to date.
5. NON - APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for
current services are within the current budget and within an available, unexhausted and
unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient
funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement
will cover only those costs incurred up to the conclusion of the current fiscal year.
6. ADDITIONAL WORK.
A. CITY's city manager ( "Manager ") may determine, at the Manager's sole
discretion, that CONSULTANT must perform additional work ( "Additional
Work ") to complete the Scope of Work. If Additional Work is needed, the
Manager will give written authorization to CONSULTANT to perform such
Additional Work.
B. If CONSULTANT believes Additional Work is needed to complete the Scope of
Work, CONSULTANT will provide the Manager with written notification that
contains a specific description of the proposed Additional Work, reasons for such
Additional Work, and a detailed proposal regarding cost.
C. Payments over $10.000 for Additional Work must be approved by CITY's city
council. All Additional Work will be subject to all other terms and provisions of
this Agreement.
7. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that it has:
i. Carefully investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONSULTANT agrees that
CONSULTANT has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder.
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Should CONSULTANT discover any latent or unknown conditions that may
materially affect the performance of the services, CONSULTANT will
immediately inform CITY of such fact and will not proceed except at
CONSULTANT's own risk until written instructions are received from CITY.
8. TERM. The term of this Agreement will be from August 15, 2009, to March 15, 2010.
Unless otherwise determined by written amendment between the parties, this Agreement will
terminate in the following instances:
A. Completion of the work specified in Exhibit "A ";
B. Termination as stated in Section 16.
9. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
i. CONSULTANT furnishes proof of insurance as required under Section 23
of this Agreement; and
ii. CITY gives CONSULTANT a written notice to proceed.
B. Should CONSULTANT begin work on any phase in advance of receiving written
authorization to proceed, any such professional services are at CONSULTANT's
own risk.
10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond
CONSULTANT's control, CITY may grant a time extension for the completion of the contracted
services. If delay occurs, CONSULTANT must notify the Manager within forty -eight hours (48
hours), in writing, of the cause and the extent of the delay and how such delay interferes with the
Agreement's schedule. The Manager will extend the completion time, when appropriate, for the
completion of the contracted services.
11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main
body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes
any conflicting provisions.
12. CHANGES. CITY may order changes in the services within the general scope of this
Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the
contract time will be adjusted accordingly. All such changes must be authorized in writing,
executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in
the services will be determined in accordance with written agreement between the parties.
13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a
Taxpayer Identification Number.
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14. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and
maintain during the term of this Agreement, all necessary permits, licenses, and certificates that
may be required in connection with the performance of services under this Agreement.
15. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by
CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights
CITY may have under this Agreement or of any cause of action arising from CONSULTANT's
performance. A waiver by CITY of any breach of any term, covenant, or condition contained in
this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement, whether of the same or different
character.
16. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time
with or without cause.
B. CONSULTANT may terminate this Agreement at any time with CITY's mutual
consent. Notice will be in writing at least thirty (30) days before the effective
termination date.
C. Upon receiving a termination notice, CONSULTANT will immediately cease
performance under this Agreement unless otherwise provided in the termination
notice. Except as otherwise provided in the termination notice, any additional
work performed by CONSULTANT after receiving a termination notice will be
performed at CONSULTANT" own cost; CITY will not be obligated to
compensate CONSULTANT for such work.
D. Should termination occur, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by CONSULTANT
will, at CITY's option, become CITY's property, and CONSULTANT will
receive just and equitable compensation for any work satisfactorily completed up
to the effective date of notice of termination, not to exceed the total costs under
Section 1(C).
E. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
F. By executing this document, CONSULTANT waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
17. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models,
photographs and reports prepared by CONSULTANT under this Agreement are CITY's
property. CONSULTANT may retain copies of said documents and materials as desired, but
will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of
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CONSULTANT's completed work product, for purposes other than identified in this Agreement,
or use of incomplete work product, is at CITY's own risk.
18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service
under this Agreement, no copies, sketches, or graphs of materials, including graphic art work,
prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or
public CITY without CITY's prior written approval. All press releases, including graphic
display information to be published in newspapers or magazines, will be approved and
distributed solely by CITY, unless otherwise provided by written agreement between the parties.
19. INDEMNIFICATION.
A. CONSULTANT agrees to the following:
I. Indemnification for Professional Services. CONSULTANT will save
harmless and indemnify and at CITY's request reimburse defense
costs for CITY and all its officers, volunteers, employees and
representatives from and against any and all suits, actions, or claims,
of any character whatever, brought for, or on account of, any injuries
or damages sustained by any person or property resulting or arising
from any negligent or wrongful act, error or omission by
CONSULTANT or any of CONSULTANT's officers, agents,
employees, or representatives, in the performance of this Agreement,
except for such loss or damage arising from CITY's sole negligence or
willful misconduct.
ii. Indemnification for other Damages. CONSULTANT indemnifies and
holds CITY harmless from and against any claim, action, damages,
costs (including, without limitation, attorney's fees), injuries, or
liability, arising out of this Agreement, or its performance, except for
such loss or damage arising from CITY's sole negligence or willful
misconduct. Should CITY be named in any suit, or should any claim
be brought against it by suit or otherwise, whether the same be
groundless or not, arising out of this Agreement, or its performance,
CONSULTANT will defend CITY (at CITY's request and with
counsel satisfactory to CITY) and will indemnify CITY for any
judgment rendered against it or any sums paid out in settlement or
otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be
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maintained by CONSULTANT as required by Section 23, and any approval of
said insurance by CITY, are not intended to and will not in any manner limit or
qualify the liabilities and obligations otherwise assumed by CONSULTANT
pursuant to this Agreement, including, without limitation, to the provisions
concerning indemnification.
20. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services.
CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's
written approval are prohibited and will be null and void.
21. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that
CONSULTANT will act as an independent contractor and will have control of all work and the
manner in which is it performed. CONSULTANT will be free to contract for similar service to
be performed for other employers while under contract with CITY. CONSULTANT is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that
may appear to give CITY the right to direct CONSULTANT as to the details of doing the work
or to exercise a measure of control over the work means that CONSULTANT will follow the
direction of the CITY as to end results of the work only.
22. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with
respect to all services and matters covered under this Agreement. CITY will have free access at
all reasonable times to such records, and the right to examine and audit the same and to make
transcript therefrom, and to inspect all program data, documents, proceedings and activities.
CONSULTANT will retain such financial and program service records for at least three (3) years
after termination or final payment under this Agreement.
23. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONSULTANT will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
set forth below:
Type of Insurance Limits
Commercial general liability: $1,000,000
Professional Liability $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements of
the most recent ISO -CGL Form. The amount of insurance set forth above will be
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a combined single limit per occurrence for bodily injury, personal injury, and
property damage for the policy coverage. Liability policies will be endorsed to
name CITY, its officials, and employees as "additional insureds" under said
insurance coverage and to state that such insurance will be deemed "primary"
such that any other insurance that may be carried by CITY will be excess thereto.
Such insurance will be on an "occurrence," not a "claims made," basis and will
not be cancelable or subject to reduction except upon thirty (30) days prior written
notice to CITY, ten (10) days notice if cancellation is due to nonpayment of
premium.
C. Professional liability coverage will be on an "occurrence basis" if such coverage
is available, or on a "claims made" basis if not available. When coverage is
provided on a "claims made basis," CONSULTANT will continue to renew the
insurance for a period of three (3) years after this Agreement expires or is
terminated. Such insurance will have the same coverage and limits as the policy
that was in effect during the term of this Agreement, and will cover
CONSULTANT for all claims made by CITY arising out of any professional
errors or omissions of CONSULTANT, or its officers, employees or agents
during the time this Agreement was in effect.
D. Automobile coverage will be written on ISO Business Auto Coverage Form CA
00 0106 92, including symbol 1 (Any Auto).
E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement and such
other evidence of insurance or copies of policies as may be reasonably required
by CITY from time to time. Insurance must be placed with insurers with a current
A.M. Best Company Rating equivalent to at least a Rating of "A:VII."
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance
required by this Agreement, CITY may obtain such coverage at
CONSULTANT's expense and deduct the cost of such insurance from payments
due to CONSULTANT under this Agreement or terminate pursuant to Section 16.
24. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written
approval to use any consultants while performing any portion of this Agreement. Such approval
must approve of the proposed consultant and the terms of compensation.
25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the
status on the project, which will include a schedule update and a short narrative description of
progress during the past month for each major task, a description of the work remaining and a
description of the work to be done before the next schedule update.
26. NOTICES. All communications to either party by the other party will be deemed made
when received by such party at its respective name and address as follows:
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If to CONSULTANT:
WILLDAN Financial Services
1700 Broadway, 6a' Floor
Oakland, CA 94612
Attention: Carlos Villarreal
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If to CITY:
City of El Segundo Planning & Building
Safety Department
350 Main Street
El Segundo, CA 90245 -3813
Attention: Kimberly Christensen
Any such written communications by mail will be conclusively deemed to have been received by
the addressee upon deposit thereof in the United States Mail, postage prepaid and properly
addressed as noted above. In all other instances, notices will be deemed given at the time of
actual delivery. Changes may be made in the names or addresses of persons to whom notices are
to be given by giving notice in the manner prescribed in this paragraph.
27. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest
laws and regulations including, without limitation, CITY's conflict of interest regulations.
28. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor
retained any company or person, other than CONSULTANT's bona fide employee, to solicit or
secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed
to pay any company or person, other than CONSULTANT's bona fide employee, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. Should CONSULTANT breach or violate this
warranty, CITY may rescind this Agreement without liability.
29. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is
generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any
other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or
CITY's obligations under this Agreement.
30. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County.
31. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state,
and local laws applicable to this Agreement.
32. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire
understanding of the parties. There are no other understandings, terms or other agreements
expressed or implied, oral or written. There are two (2) Attachments to this Agreement. This
Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent
successors and assigns.
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33. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review
this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a
whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against
either Party.
34. SEVERABILITY. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect.
35. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this Agreement and to
engage in the actions described herein. This Agreement may be modified by written amendment.
CITY's executive manager, or designee, may execute any such amendment on behalf of CITY.
36. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a party is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
37. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
38. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this
Agreement.
39. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, acts of terrorism, war, embargo, government action, civil or military authority, the
natural elements, or other similar causes beyond the Parties' reasonable control, then the
Agreement will immediately terminate without obligation of either party to the other.
40. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT
represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity
to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its
financial resources, surety and insurance experience, service experience, completion ability,
personnel, current workload, experience in dealing with private consultants, and experience in
dealing with public agencies all suggest that CONSULTANT is capable of performing the
proposed contract and has a demonstrated capacity to deal fairly and effectively with and to
satisfy a public CITY.
[Signatures on next page]
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IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
CITY OflEL SEGUNDO
QL
Jack Wayt,
City Manager
ATTEST:
Uum
Cindy MoUtesen,
City Clerk
APPROVED A 10
MARK D. i Att
r >
By: !%
Karl H. Berger, Apfstdnt City
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WILL INANC VICES
Anne Pelej,
Vice President — Division Manager
Roy L. Gill,
Secretary, Chief Financial Officer
Taxpayer ID No. 33-302345
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Exhibit A
Scope Of Work and Budget
4013.
WI LLDAN extending
your
Financial Services I reach
July 15, 2009
Ms. Kimberly Christensen, AICP Via Electronic Mail:
Planning Manager KChristensen a elsegundo.org
City of El Segundo
350 Main Street
El Segundo, California 90245
Re: Letter Proposal to Update the Development Impact Fee Study for the City of El Segundo
Dear Ms. Christensen:
We understand that the City of El Segundo ( "City ") would like to re- initiate the Development Impact Fee
Study that was started by Willdan Financial Services ( "Willdan "), formerly MuniFinancial, 2006. Much of the
work already performed can be utilized to complete the study. However, all data must be checked for
accuracy, and updated where appropriate.
We want to ensure that our scope of services is responsive to the City's needs and specific local
circumstances. We will work with the City to revise our proposed scope based on input prior to approval of a
contract, and as needed during the course of the study
Scope of Services
Below is our proposed work plan described in detail by task. We explain how we will accomplish each task
and identify associated meetings and deliverables. Following the task plan is a description of our
involvement in meetings and our expectations of support from agency staff.
Task 1: Review Existing Work Completed to Date and Resolve Policy
Issues
Objective: Identify and resolve policy issues raised by the study.
Description: Review work completed to date along with City documents related to existing capital
planning policies and funding programs, including the existing development impact fee.
Bring policy issues to City staffs attention as appropriate during the project and seek
guidance prior to proceeding. Potential policy issues include:
• Adequacy of General Plan and other public facility planning policies (e.g. level of
service standards); impact fee ordinances and resolutions, and prior nexus studies;
• Issues related to applicable changes in State and applicable case law regarding
impact fees;
• Availability of master plans and capital improvement plans to identify needed
facilities;
• Potential applicability of impact fees to offset costs of recently completed facilities;
■ Use of the Quimby Act, Mitigation Fee Act, or both, as the basis for the park facilities
impact fee;
• Potential alternative funding sources, if needed;
• Funding existing deficiencies, if identified; and
■ Implementation concerns and strategies.
Meetings: None.
Deliverable: (1) Information requests, (2) revised project scope and schedule (if needed).
Engineering I Geotechnical I Environmental I Sustainability i Financial I Homeland Security
510.832.0899 1 800.755.6864 1 fax: 510.832.0898 1 1700 Broadway, 6th Floor, Oakland, CA 94612 1 www.wilidan.com
4013. ,
Ms. Kimberly Christensen, AICP, City of El Segundo
Proposal to Update the Development Impact Fee Study
July 15, 2009
Page 2
Task 2: Identify Existing Development and Future Growth
Objective: (1) Identify estimates of existing levels of development; and (2) identify a projection of
future growth consistent with current planning policy.
Description: Update estimates of existing development and projections of future development with
latest available data. Consult with City staff to identify appropriate data sources.
Meetings: None.
Deliverable: None.
Task 3: Update Facility Standards
Objective: Determine standards to identify facilities required to accommodate growth.
Description: Facility standards provide a critical link in documenting the nexus between growth, the
facilities required to accommodate it, and a defensible impact fee. We would anticipate
using either the City's existing standards or a higher policy standard based on future
facility needs. In the latter case, we would quantify the cost of the exiting deficiency that
would need to be funded by non -fee revenue sources.
We will examine the City's existing standards based on updated inventories of the City's
public facilities. For each of the facility categories (police, library, fire protection, and
parks), we will allocate new development's responsibility for new facilities by land use type
using population and employment density factors.
Meetings: None.
Deliverable: None.
Task 4: Update Facility Needs and Costs
Objective: Identify the type, amount and cost of facilities required to accommodate growth and
correct deficiencies, if any.
Description: To complete this task, we will work with City staff to compile lists of future facility needs.
We will quantify total planned facilities based on growth projections from Task 2 and
facility standards from Task 3. If available, we will use the City's most recent master plans
and/or capital improvement plan as a basis for identifying planned facilities. Location of
planned facilities may or may not be specified. If only a general description of planned
facilities is available through the planning horizon, City staff will provide a list of specific
capital projects for use of fee revenues during the short term (e.g. five years).
The study will distinguish between: (1) facilities needed to serve growth (which can be
funded by impact fees); and (2) facilities needed to correct existing deficiencies (that
cannot be funded by impact fees).
Meetings: None.
Deliverable: None.
Task 5: Identify Funding and Financing Alternatives
Objective: Determine the extent of alternative (non -fee) funding required for funding new facilities.
Description: If impact fees will only partially fund a capital project we will identify funding from non -
impact fee sources to correct existing deficiencies. We will identify anticipated alternative
funding based on information from City staff, or note that funds are still to be identified
4013.,,,
Ms, Kimberly Christensen, AICP, City of El Segundo
Proposal to Update the Development Impact Fee Study
July 15, 2009
Page 3
based on a list of probable funding alternatives. If fees will fund debt service we will
include financing costs in the total cost of facilities.
Meetings: None.
Deliverable: None.
Task 6: Calculate Fees and Update Report
Objective: Provide a technically defensible fee report that comprehensively documents project
assumptions, methodologies, and results.
Description: Generate a fee schedule to apportion facility costs to individual development projects. Use
facility costs per unit of demand, multiplied by demand by land use category based on
data developed in prior tasks. Prepare draft report tables for City staff to review that
document each step of the analysis, including schedule of maximum justified fees for
each facility type included in the study.
Following one (1) round of comments from City staff on the quantitative analysis and fee
schedules, prepare administrative draft report. Following one (1) round of comments on
administrative draft, prepare public draft for presentation to interested parties, the public
and elected officials. Prepare final report if necessary based on one (1) round of
comments received on the public draft report. Submit three (3) bound copies and one (1)
unbound of each report. If requested, post report on corporate Web site for public access.
Provide legal counsel with copies of fee resolutions and ordinances used by other
jurisdictions, if requested.
Meetings: Two (2) meetings: One (1) meeting to discuss results with City staff, and one (1) meeting
to present the report at a Public Hearing for adoption.
Deliverable: Draft report tables, administrative draft report, public draft report, final report (if needed),
and slide presentation (if needed).
Meetings
Our Development Impact Fee Study work plan includes a total of two (2) meetings. Mr. Eric Nickell,
technical advisor, and Carlos Villarreal, project manager, will attend meetings as needed. We will work with
City staff to set up meetings to keep the project on schedule. Phone conferences are not considered
meetings for the purposes of this scope. Additional meetings may be requested for an additional fee of
$1,500 per meeting.
Required Agency Staff Support
To complete our tasks on schedule, we will need the cooperation of City staff. We suggest that the City
assign a key individual as project manager for the City.
We will expect the City's project manager to (1) help resolve policy issues, (2) coordinate responses to
requests for information, and (3) coordinate review of work products. To meet the schedule outlined below,
we will expect responses to policy issues and information requests within five business days. If there are
delays on the part of the City, we will need to adjust our project schedule accordingly.
We will keep the City's project manager informed of data or feedback we need to keep the project on
schedule. Willdan will endeavor to minimize the impact on City staff in the completion of this project.
4013•.._
Ms. Kimberly Christensen, AICP, City of El Segundo
Proposal to Update the Development Impact Fee Study
July 15, 2009
Page 4
Project Schedule
General timeframes by task are displayed in the project schedule table below. We will develop specific
project timelines following consultation and in concert with City staff.
To meet the schedule outlined below we will expect responses to policy issues and information requests
within five business days. If there are delays on the part of the City, we will need to adjust our project
schedule accordingly.
Task 1: Review Existing Work Completed to Date and
Resolve Policy Issues
Task 2: Identify Existing Development and Future
Growth
Task 3: Update Facility Standards
Task 4: Update Facility Needs and Costs
Task 6: Identify Funding and Financing Alternatives
Task 7: Calculate Fees and Update Report
Month 1 Month 2 Month 3 Month 4
Staffing
Eric Nickell, a Principal Consultant in our Financial Consulting Services Group, will be the technical advisor
for this engagement. He will be responsible for ensuring that all deliverables meet our firm's quality
standards and meet or exceed your expectations. Carlos Villarreal will be the project manager for this
engagement. He will direct the work of our analyst staff for research, analysis, and report drafting.
Budget
The Willdan Team will perform the work plan described in this proposal for the fixed price fee of $13,500.
Our proposed fee for services assumes the following:
• We will attend two (2) meetings as detailed in Task 6. Additional meetings may be requested for an
additional fee.
• We will invoice the City of El Segundo no more than monthly based on percent completion by task.
Invoices will include a description of services performed, a list of anticipated work during the next
billing period, as well as a summary of costs to date by task.
4013. .
Ms. Kimberly Christensen, AICP, City of El Segundo
Proposal to Update the Development Impact Fee Study
July 15, 2009
Page 5
Additional Services
Additional services may be authorized by the City and will be billed at our then - current hourly overhead
consulting rates. Our current hourly rates are:
Schedule Willclan Financial Services
Hourly Rate
Position Hourly Rate
Group Manager
$210
Principal Consultant
$200
Senior Project Manager
$165
Project Manager
$145
Senior Project Analyst
$130
Senior Analyst
$120
Analyst
$100
Analyst Assistant
$75
Property Owner Services Representative
$55
Support Staff
$50
Willdan is pleased with this opportunity to use our team's skills and expertise to assist the City of El
Segundo. Please feel free to contact Mr. Villarreal or myself to discuss any aspect of the attached proposal.
I can be reached at (916) 563 -1635 or via email at enickellewilldan.com. Mr. Villarreal can be reached at
(510) 832 -0899 ext. 6503 or via email at cvillarrealtaWIldan.com.
Sincerely,
WILLDAN FINANCIAL SERVICES
g,�v �N"L"
Eric Nickell
Principal Consultant
40 13
Exhibit B
Resumes
40 i3.
* WILLDAN
Financial Services
Eric J. Nickell
Education Technical Advisor
Master of Public
Affairs with Emphasis in Eric Nickell is a Principal Consultant in the Sacramento office of Willdan's Financial
Economics and Consulting Services group. Mr. Nickell is a public finance and real estate market
Public Policy, Woodrow consultant with training in economics and public policy. His practice areas include
Wilson School of Public public services funding plans, real estate market analysis and feasibility testing,
Affairs, Princeton conservation finance, and development impact fee nexus studies.
University
Bachelor of Arts in
Related Experience
Chemistry, the Colorado
City of Sacramento: Citywide Transportation Impact Fee Program — As the public
College
finance consultant to the City, Mr. Nickell and a team of transportation engineers and
public outreach specialists are designing the City's first citywide fee program for
Areas of Expertise
roadway, transit, and pedestrian facilities. Infill and higher density development
Public Services and
patterns, defensibility of a citywide program, and a focus on General Plan opportunity
Infrastructure Funding
areas are primary considerations for the design of new fees.
Real Estate Market
Analysis and Feasibility
City La Mesa: Sidewalk Fee Program — As the City's public finance consultant, Mr.
Nickell is designing a sidewalk facilities funding measure to allow the City to complete
Regulation of Land Use
its Walkability Master Plan and implement a safe routes to school policy for
neighborhoods without sidewalks.
Affiliations
Urban Land Institute
City of Rosemead: Fee Program Update — Working for the City, Mr. Nickell is
updating impact fees for a capital improvement program raning from streets and
16 Years Experience
transportation, police, general government, wastewater, library, parks, to public art.
City of American Canyon, Impact Fee Program — On behalf of the City, Mr. Nickell
is preparing a nexus study to fund expansions of both the city hall and senior center
and new facilities such as a performing arts center, community center /library, and a
corporation yard.
City of Porterville Traffic, Parks, and Utility in Lieu Fee Update — Working for the
City, Mr. Nickell updated a key set of impact and utility in lieu fees to enable the City
to accommodate a new state courts building and construct additional sports fields
necessary to serve new growth.
City of Madera: Comprehensive Fee Program — As consultant to the City, Mr.
Nickell is updating capital projects and costs for city hall, roadway, bridge, fire
protection, wastewater, drainage, water, and park impact fees as part of an update
and streamlining of the City's current programs.
City of Visalia: Road Impact Fee Program Review — To assist City staff with an
update of the City's road impact fees, Mr. Nickell provided staff with technical support
on matters of land use, capital facility programs, growth assumptions, and trip
generation. Mr. Nickell then prepared a nexus study and implementing policy for
adoption by the City.
County of Sacramento: Transportation Funding Best Practices — To assist the
County of Sacramento's Department of Transportation in evaluating and identifying
innovative measures to fund capital projects and O &M, Mr. Nickell surveyed
transportation agencies throughout California and ranked funding options for the
Department.
4013.,,.
Carlos Villarreal
Senior Project Analyst
Carlos Villarreal will serve as project manager for the El Segundo 3 Years Experience
Development Impact Fee Update project.
Mr. Villarreal's past assistance to public agencies includes
preparation of capital improvement plans, documenting statutory
nexus findings, facilitating stakeholder involvement, and analyzing
economic impacts of fee programs. He has supported adoption of
regional transportation fee programs that require the participation of
multiple jurisdictions.
Prior to joining Willdan, Mr. Villarreal worked as an intern with the
US Coast Guard, where he assisted with the development of a GIS
database for the Coast Guard's MLCP(s) Civil Engineering Office.
Related Experience
Development Impact Fees
County of Stanislaus (ongoing): Project manager for a study
updating the County's existing impact fee program. The program
includes a range of facilities from animal services to public
protection. The study also includes a transportation facilities impact
fee, with different fees calculated for two zones in the County.
Rodeo - Hercules Fire Protection District: Project Manager for a
study updating the District's fire impact fees. The fee will be charged
in two jurisdictions: the City of Hercules, and the unincorporated
community of Rodeo.
County of Madera: Instrumental in creating the County's
development impact fee and capital improvement plan study for
several county facility types. The project involved coordination
between several County departments and included stakeholder
outreach efforts. Different fee levels were identified for incorporated
versus unincorporated development.
Fiscal Analysis
Eastvale Incorporation Committee — Project Manager for fiscal
impact analysis examining a proposed incorporation.
City of Rio Dell — Supporting analyst for a fiscal impact analysis
examining the potential annexation of the neighboring company
town, Scotia, to the City of Rio Dell.
City of Roseville: Supporting analyst for fiscal impact analyses of:
Diamond Plaza Rezone, Paseo del Norte Rezone and Hewlett
Packard Area Rezone.
Areas of Expertise
• Development Impact Fee
Studies
• Fiscal Impact Analysis
• Public Facilities Financing
Plans
• GIS Analysis
Education
■ Bachelor of Arts,
Geography, University of
California, Los Angeles;
Minor in Public Policy and
Urban Planning