HomeMy WebLinkAboutAGENDA REPORT 2020 0219 REG CCSA ITEM 10FCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of February 19, 2020
ACTION Approved Staff Recommendation.
BY B.Garza.
F. Consider Agreement with Willdan Financial Services for Reserve Fund Study for
all Landscape and Lighting Maintenance Assessment Districts. Staff
Recommendation: Approve Agreement with Willdan Financial Services for
reserve fund study in Landscape and Lighting Maintenance Assessment
Districts, and authorize the City Manager to sign the Agreement, subject to final
language approval of the City Manager. (Staff: Jeremy Laurentowski)
Item: 10.F.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
DATE: 02/19/2020 Regular Meeting
SUBJECT: Consider Agreement with Willdan Financial Services for Reserve
Fund Study for all Landscape and Lighting Maintenance Assessment
Districts
BACKGROUND
In 1984, a Landscaping and Lighting Maintenance Assessment District No. AD 84-2,
encompassing the entire City, was created to fund costs associated with street lighting and
the maintenance of various landscaped areas in the City. This was a successor to the
District enacted by the County of Ventura prior to the incorporation of the City. In
subsequent years, Zones of Benefit (Zones) were added to fund improvements and the
maintenance of certain specific areas. Later, these Zones were changed to District 1
through District 12.
Since 1984, the City has formed additional Assessment Districts to fund the maintenance
of certain landscape improvements in and adjacent to:
2001
• Silver Oak Lane Tract 5201 (AD01-1, District 14)
• Country Club Estates Tract 4928 (AD01-2, District 15 Zone A ♦)
• Masters at Moorpark Country Club Tract 5463 (AD01-2, District 15 Zone B♦)
• Mountain View Tract 5166 (AD01-3, District 16) †
2004
• Moonsong Court Tract 5307 (AD04-01, District 18)
2005
• Campus Plaza Tract 5264 (AD05-01, District 19)
2006
• Canterbury Lane Tract 5133 (AD06-01, District 21 - Zone A)
• Ivy Lane Tract 5425 (AD06-01, District 21 - Zone B♦)
Item: 10.F.
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2007
• Meridian Hills Tract 5187 (AD07-02, District 20)
• Moorpark Highlands Tract 5045 (AD07-01, District 22)
• 875 Los Angeles Ave IPD 2000-10 (AD07-04, District 24) ††
2008
• Patriot Commerce Center CPD 2004-01 (AD07-03, District 25)
2009
• 14339-14349 White Sage Rd CPD 2004-03 (AD09-01, District 26) †††
2010
• Tuscany Square CPD 2005-02 (AD10-01, District 31) †††
• 145 Park Lane CPD 2005-03 (AD10-02, District 32) †††
2015
• Vistas at Moorpark Tract 5130 (AD15-01, District 33)
Notes: † Districts 13, 17, 27, 28 and 29 are not assigned.
†† District 23 – Tract 5130, Suncal/Vistas was not completed.
††† Districts 26, 31 and 32 are back up maintenance districts.
♦ On October 10, 2015 by Resolution No. 2015-3443, Tract 5463 was annexed into District 15,
designated as Zone B. On November 20, 2013 by Resolution No. 2013-3241, Tract 5425 was
annexed into District 21.
Currently the City has 20 active Districts. Eleven of the Districts were adopted prior to
the passage of Proposition 218, which does not provide a provision for increasing the
annual assessment without a vote of the affected property owners. For the remaining
districts that were adopted after the passage of Prop 218, the language in the formation
documents allows the maximum assessment to be increased annually to cover cost-of-
living (COLA) increases.
DISCUSSION
Each year the City Council adopts the Assessment Levy for each District. As part of the
Assessment Levy, an Engineers Report is prepared to establish the levy to be paid by
each household within said District. The levy is collected through property taxes and
covers projected annual maintenance costs such as the cost of water, electricity,
landscape maintenance, tree trimming, and any other costs associated with the
maintenance of facilities within the District, including management of the District. The
Engineers Report also considers the District’s reserve fund to ensure that the District
fund balance coincides with Policy 5.5: Landscape and Lighting Assessment District of
the City Council Policies Resolution No. 2019-3851. Currently, the policy requires that
the Capital Reserve Account fund balance maintained for each district shall be
approximately one year of the projected current operating budget for each such district.
However, this method of determining a reserve fund balance does not identify the future
capital needs within the District based on actual future replacement costs of
landscaping and other improvements, such as trails, hardscape and drainage facilities,
fencing, decorative lighting, and project signage to name a few. Currently, when a
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capital project is identified, the project costs are included in the annual operating budget
and the District reserve funds are utilized to fund the work. Due to the fact that funding
for these projects is not collected over the life of the facility, increases in the annual levy
are generally necessary to cover the costs of the improvements, as well as the funding
necessary to replace the reserve funds once they have been utilized, as required by
City policy. Over the years fluctuations in the annual levy have caused financial impacts
on the residents that live within these developments.
In order to provide a more consistent assessment levy, staff is recommending that a
Reserve Fund Study be performed. The Reserve Fund Study will help the City to
develop a plan that ensures the long term viability of the improvements for each of the
Districts, while providing for the annual operating expenses necessary to maintain the
Districts. This will avoid dramatic fluctuations in the annual levy.
Staff has obtained a proposal from Willdan Financial Services (Willdan) to perform a
Reserve Fund Study (Reserve Study) for the various Districts. Willdan will identify all
existing facilities within the Districts, provide an inventory and analysis of all systems
and facilities, and determine their current viability and remaining life span. From this
information they will develop a capital improvement plan which will help to establish the
reserve funds necessary to address future capital needs. In order to provide a complete
inventory of the District facilities, Willdan will create a GIS layer of all District areas.
Currently, the District boundaries are identified through the associated formation
documents that created the District through City Council action when the District was
formed by the project developer. However, the diagrams that are included in the
formation documents to identify the District areas were typically created prior to
completion of landscape and grading plans for the development. The formation
documents provide a provision whereas the actual District areas are established by the
final project plans. In several Districts the maintenance areas do not coincide exactly
with the formation documents and in others the formation documents simply provide a
written description of the District areas without diagrams. Staff recommends
establishing a GIS layer to resolve discrepancies and to provide an accurate inventory
of all District areas.
Staff believes that the proposal provided by Willdan is reasonable and in line with
current costs for services of this magnitude. Additionally, City policy allows City staff the
authority to negotiate an Agreement for professional services when the cost of said
services is less than $60,000. Staff believes that Willdan is an expert in this field and
possess the necessary experience to prepare the Reserve Study being requested of the
City Council. City Council action is required to approve the Agreement with Willdan, as
the cost of these services exceeds the City Manager’s signing authority.
It should be noted that the creation of a Capital Reserve Fund and Operating Reserve
Fund for each District will require changes to City policy. Staff will return to the City
Council once the Reserve Study has been completed and will recommend to the City
Council policy changes relevant to the District reserve funds at that time.
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It should also be noted that increases in the annual levy for each District are expected in
order to establish a Capital Reserve Fund. As mentioned previously, current City policy
only allows for a reserve fund that is equivalent to one year of operating costs. Staff
anticipates an increase in the annual levy in order to fund the Capital Reserve Fund
over the life of related District facilities. However, once established, the annual levy will
normalize and provide a consistent levy that will only fluctuate due to COLA increases
or a major emergency, such as a landslide or wildfire.
FISCAL IMPACT
The total cost for Willdan to perform the Reserve Fund Study for the LLMAD’s is
$55,000. Allocation would be distributed across LLMAD’s based on the relative Zone
size, as illustrated in the table below:
LMD Acreage % Cost Distribution
2300 AD 84-2 CITYWIDE LLMD 9.49 7.13% $3,920.90
2301 84-2 PECAN AVE T2851 1.4 1.05% $578.43
2302 84-2 STEEPLE HILL T2865 3.3 2.48% $1,363.43
2303 84-2 BUTTERCREEK T3032 0.1 0.08% $41.32
2304 84-2 WILLIAMS RANCH T3274 0.5 0.38% $206.58
2305 84-2 PHEASANT T3019/3525 4.5 3.38% $1,859.22
2306 84-2 INGLEWOOD ST T3306 0.03 0.02% $12.40
2307 84-2 LA AVE & GABBERT RD 0.8 0.60% $330.53
2308 84-2 HOMES ACRES BUFFER 1.4 1.05% $578.43
2309 84-2 CONDOR DRIVE 0.4 0.30% $165.26
2310 84-2 MTN MEADOWS PC3 17 12.77% $7,023.74
2311 84-2 ALYSSAS COURT T4174 0.1 0.08% $41.32
2312 84-2 CARLSBERG 12.2 9.16% $5,040.56
2314 SILVER OAK LN 0.3 0.23% $123.95
2315 COUNTRY CLUB ESTATES 9.2 6.91% $3,801.08
2316 MOUNTAIN VIEW 0.4 0.30% $165.26
2318 MOONSONG CT 0.5 0.38% $206.58
2320 MERIDIAN HILLS 25.3 19.01% $10,452.97
2321 CANTERBURY & IVY LN 0.2 0.15% $82.63
2322 MOORPARK HIGHLANDS 46 34.56% $19,005.41
TOTAL: 133.12 100% $55,000.00
Staff has determined that sufficient funding is available for the Reserve Fund Study in
the Fiscal Year 2019/2020 budget due to savings in salaries allocated to the LLMAD’s
and available funds allocated for contractual and property maintenance services.
Therefore, no new appropriation is necessary.
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COUNCIL GOAL COMPLIANCE
This action is consistent with City Council Strategy 3, Goal 4, Objective 3 (3.4.3):
“Develop inventory of landscaping assessment districts facilities maintenance and
replacement schedule to improve levy calculations and capital reserve funding by March
31, 2020.”
STAFF RECOMMENDATION
Approve Agreement with Willdan Financial Services for reserve fund study in
Landscape and Lighting Maintenance Assessment Districts, and authorize the City
Manager to sign the Agreement, subject to final language approval of the City Manager.
Attachment: Agreement
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ATTACHMENT
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MOORPARK AND
WILLDAN FINANCIAL SERVICES FOR
RESERVE FUND STUDY FOR LANDSCAPE AND LIGHTING MAINTENANCE
DISTRICTS
THIS AGREEMENT, made and effective as of this _____ day of
________________________, 2020, between the City of Moorpark, a municipal corporation
(“City”) and Willdan Financial Services, a corporation (“Consultant”). In consideration of
the mutual covenants and conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for a Reserve Fund Study of the Landscape and
Lighting Maintenance Districts (LLMD); and
WHEREAS, Consultant specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Consultant has submitted to City a Proposal dated January 28,
2020, which is attached hereto as Exhibit C.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to completion of
work, unless this Agreement is terminated or suspended pursuant to this Agreement.
2. SCOPE OF SERVICES
City does hereby retain Consultant, as an independent contractor, in a
contractual capacity to prepare a Reserve Fund Study, as set forth in Exhibit C. In the
event there is a conflict between the provisions of Exhibit C and this Agreement, the
language contained in this Agreement shall take precedence.
Consultant shall perform the tasks described and set forth in Exhibit C.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit C. Compensation shall not exceed the rates or total contract
value fifty-five thousand dollars ($55,000) as stated in Exhibit C, without a written
Amendment to the Agreement executed by both parties. Payment by City to Consultant
shall be in accordance with the provisions of this Agreement.
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by
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persons engaged in providing similar services as are required of Consultant hereunder
in meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Consultant’s overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Consultant shall be Jim McGuire, and no other individual may be substituted
without the prior written approval of the City Manager.
The City’s contact person in charge of administration of this Agreement, and to
serve as principal liaison between Consultant and City, shall be the City Manager or the
City Manager’s designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided by Consultant on an
IRS W -9 form before payments may be made by City to Consultant.
The City agrees to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit C, based upon
actual time spent on the above tasks. This amount shall not exceed fifty-five thousand
dollars ($55,000) for the total term of the Agreement unless additional payment is
approved as provided in this Agreement.
Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement, which are in addition to those set forth herein,
unless such additional services and compensation are authorized, in advance, in a
written amendment to this Agreement executed by both parties. The City Manager, if
authorized by City Council, may approve additional work not to exceed ten percent
(10%) of the amount of the Agreement.
Consultant shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any
expense or reimbursable cost appearing on any invoice shall be accompanied by a
receipt or other documentation subject to approval of the City Manager or the City
Manager’s designee. If the City disputes any of Consultant’s fees or expenses, City
shall give written notice to Consultant within thirty (30) days of receipt of any disputed
fees set forth on the invoice.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend, or
terminate this Agreement, or any portion hereof, by serving upon the Consultant at least
ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
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If the City suspends or terminates a portion of this Agreement, such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Consultant may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Consultant the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City.
Upon termination or suspension of the Agreement pursuant to this Section, the
Consultant will submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONSULTANT
The Consultant’s failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate or
suspend this Agreement immediately by written notice to the Consultant. If such failure
by the Consultant to make progress in the performance of work hereunder arises out of
causes beyond the Consultant’s control, and without fault or negligence of the
Consultant, it shall not be considered a default.
If the City Manager or his/her designee determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, he/she
shall cause to be served upon the Consultant a written notice of the default. The
Consultant shall have thirty (30) days after service upon it of said notice in which to cure
the default by rendering a satisfactory performance. In the event that the Consultant
fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement
without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
8. LIQUIDATED DAMAGES
There are no liquidated damages under this Agreement.
9. OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Consultant shall provide
free access to the representatives of City or the City’s designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books
and records; shall permit City to make transcripts therefrom as necessary; and shall
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allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of
the City and may be used, reused, or otherwise disposed of by the City without the
permission of the Consultant. With respect to computer files, Consultant shall make
available to the City, at the Consultant’s office and upon reasonable written request by
the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring, and printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Indemnity for professional liability: When the law establishes a professional
standard of care for Consultant’s Services, to the fullest extent permitted by law,
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees, and agents (“Indemnified Parties”) from and against any and all
losses, liabilities, damages, costs and expenses, including legal counsels’ fees and
costs to the extent same are caused in whole or in part by any negligent or wrongful act,
error or omission of Consultant, its officers, agents, employees or subconsultants (or
any agency or individual that Consultant shall bear the legal liability thereof) in the
performance of professional services under this Agreement.
Indemnity for other than professional liability: Other than in the performance of
professional services and to the full extent permitted by law, Consultant shall indemnify,
protect, defend and hold harmless City, and any and all of its officials, employees, and
agents from and against any liability (including liability for claims, suits, actions,
arbitration proceedings, administrative proceedings, regulatory proceedings, losses,
expenses or costs of any kind, whether actual, alleged or threatened, including legal
counsels’ fees and costs, court costs, interest, defense costs, and expert witness fees),
where the same arise out of, are a consequence of, or are in any way attributable to, in
whole or in part, the performance of this Agreement by Consultant or by any individual
or agency for which Consultant is legally liable, including but not limited to officers,
agents, employees or subcontractors of Consultant.
Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this Section from each and every subcontractor, or
any other person or entity involved by, for, with, or on behalf of Consultant in the
performance of this Agreement. In the event Consultant fails to obtain such indemnity
obligations from others as required here, Consultant agrees to be fully responsible
according to the terms of this Section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth
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here is binding on the successors, assigns, or heirs of Consultant and shall survive the
termination of this Agreement or this Section.
City does not and shall not waive any rights that it may have against Consultant
by reason of this Section, because of the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. The hold
harmless and indemnification provisions shall apply regardless of whether or not said
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs, and expenses described in this Section.
11. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and
incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONSULTANT
Consultant is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant’s exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents, except as
set forth in this Agreement. Consultant shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers or
employees, or agents of the City except as set forth in this Agreement. Consultant shall
not incur or have the power to incur any debt, obligation, or liability against City, or bind
City in any manner.
No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Consultant
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state, and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations. The Consultant shall comply with and sign Exhibit B, the Scope of
Work Requirement for Professional Services Agreements Compliance with California
Government Code Section 7550, when applicable. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Consultant
to comply with this Section.
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14. ANTI DISCRIMINATION
Neither the Consultant, nor any subconsultant under the Consultant, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, or military and veteran status; or any other basis protected by
applicable federal, state, or local law, except as provided in Section 12940 of the
Government Code. Consultant shall have responsibility for compliance with this Section.
15. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the
award, terms, or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of
the City will receive compensation, directly or indirectly from Consultant, or any officer,
employee, or agent of Consultant, in connection with the award of this Agreement or
any work to be conducted as a result of this Agreement. Violation of this Section shall
be a material breach of this Agreement entitling the City to any and all remedies at law
or in equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the
Services during his/her tenure or for one year thereafter, shall have any interest, direct
or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be
performed in connection with the Services performed under this Agreement.
17. CONFLICT OF INTEREST
Consultant covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of their services hereunder.
Consultant further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subconsultant.
Consultant further covenants that Consultant has not contracted with nor is performing
any services directly or indirectly, with the developer(s) and/or property owner(s) and/or
firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or
processing an entitlement application for property in the City or its Area of Interest, now
or within the past one (1) year, and further covenants and agrees that Consultant and/or
its subconsultants shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
the City or its Area of Interest, while under contract with the City and for a one (1) year
time period following termination of this Agreement.
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18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
To: Principal Consultant
Willdan Financial Services
27368 Via Industria, Suite 200
Temecula, CA 92590
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Consultant's legal
entity, the Consultant shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
20. ASSIGNMENT
Consultant shall not assign this Agreement or any of the rights, duties, or
obligations hereunder. It is understood and acknowledged by the parties that Consultant
is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions, or covenants referred to herein
shall be filed in the applicable court in Ventura County, California. The City and
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Consultant understand and agree that the laws of the state of California shall govern the
rights, obligations, duties, and liabilities of the parties to this Agreement and also govern
the interpretation of this Agreement.
23. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses, including attorneys’ fees, from the losing party, and
any judgment or decree rendered in such a proceeding shall include an award thereof.
24. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire
understanding between the parties relating to the obligations of the parties described in
this Agreement. All prior or contemporaneous agreements, understandings,
representations, and statements, oral or written, are merged into this Agreement and
shall be of no further force or effect. Each party is entering into this Agreement based
solely upon the representations set forth herein and upon each party’s own independent
investigation of any and all facts such party deems material.
25. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of
this Agreement are for convenience and identification only and shall not be deemed to
limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
26. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
27. PRECEDENCE
In the event of conflict, the requirements of the City’s Request for Proposal, if
any, and this Agreement shall take precedence over those contained in the Consultant’s
Proposal.
28. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
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29. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
30. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK WILLDAN FINANCIAL SERVICES
__________________________________ __________________________________
Troy Brown, City Manager Jim McGuire, Principal Consultant
Attest:
__________________________________
Ky Spangler, City Clerk
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Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Consultant agrees to amend, supplement, or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
“Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits are subject to review but in no
event less than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Consultant or Consultant’s employees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability for
each such person.
Workers’ Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits no less than $1,000,000 per accident or
disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant and “Covered Professional Services” as designated in the
policy must specifically include work performed under this Agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay
on behalf of” the insured and must include a provision establishing the insurer’s duty to
defend. The policy retroactive date shall be on or before the effective date of this
Agreement.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs
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payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured’s liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by
one insured against another. Coverage shall be applicable to the City for injury to
employees of Consultant, subconsultants, or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
insurance as required herein. Limits are subject to review but in no event less than
$2,000,000 aggregate.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and the City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 and CG
2037 with edition acceptable to the City. Consultant also agrees to require all
contractors and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant’s employees, or agents, from waiving the right
to subrogation prior to a loss. Consultant agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called “third party action over” claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Consultant shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect the City’s protection without the
City’s prior written consent.
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7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant’s general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or
reduced at any time and no replacement coverage is provided, the City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
premium so paid by the City shall be charged to and promptly paid by Consultant
or deducted from sums due Consultant, at the City’s option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to
the City of any cancellation or reduction of coverage. Consultant agrees to
require its insurer to modify such certificates to delete any exculpatory wording
stating that failure of the insurer to mail written notice of cancellation or reduction
of coverage imposes no obligation, or that any party will “endeavor” (as opposed
to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Consultant, provide
the same minimum insurance required of Consultant. Consultant agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors
and others engaged in the Work will be submitted to the City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer, or other
entity or person in any way involved in the performance of Work contemplated by
this Agreement to self-insure its obligations to the City. If Consultant’s existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Consultant, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Consultant
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Consultant, the City will negotiate additional
compensation proportional to the increased benefit to the City.
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13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Consultant of non-compliance with an insurance
requirement in no way imposes any additional obligations to the City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
the City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant’s insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
the City within five days of the expiration of coverage.
17. The provisions of any Workers’ Compensation or similar act will not limit the
obligations of Consultant under this Agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Consultant for the cost of additional insurance coverage required by this
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Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this Agreement. The
City assumes no obligation or liability by such notice, but has the right (but not
the duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
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Exhibit B
CITY OF MOORPARK
Scope of Work Requirement for Professional Services Agreements
Compliance with California Government Code Section 7550
Consultant shall sign and include this page in any document or written reports prepared by
Consultant for the City of Moorpark (City) to which California Government Code Section 7550
(Government Code § 7550) applies. Government Code §7550 reads:
“(a) Any document or written report prepared for or under the direction of a state
or local agency, that is prepared in whole or in part by nonemployees of the
agency, shall contain the numbers and dollar amounts of all contracts and
subcontracts relating to the preparation of the document or written report; if the
total cost for the work performed by nonemployees of the agency exceeds five
thousand dollars ($5,000). The contract and subcontract numbers and dollar
amounts shall be contained in a separate section of the document or written
report.
(b) When multiple documents or written reports are the subject or product of the
contract, the disclosure section may also contain a statement indicating that the
total contract amount represents compensation for multiple documents or written
reports.”
For all Professional Services Agreement with a total dollar value in excess of $5,000, a signed
and completed copy of this form must be attached to all documents or completed reports
submitted to the City pursuant to the Scope of Work.
Does the dollar value of this Professional Services Agreement exceed $5,000?
X Yes No
If yes, then the following information must be provided in compliance with
Government Code § 7550:
1. Dollar amount of Agreement/Contract: $ 55,000
2. Dollar amount of Subcontract: $ ____________
3. Does the total contract amount represent compensation for multiple
documents or written reports? X Yes No
I have read the foregoing Code section and will comply with Government Code §7550.
Willdan Financial Services
__________________________________
______________________
Jim McGuire, Principal Consultant Date
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951.587.3500 │ 800.755.6864 │ fax: 951.587.3510 │ 27368 Via Industria, Suite 200, Temecula, CA 92590 │ www.willdan.com
January 28, 2020
Mr. Jeremy Laurentowski
Parks and Recreation Director
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
Re: Proposal to Prepare a Reserve Fund Study for the City of Moorpark’s Landscaping and
Lighting Maintenance Assessment Districts
Dear Mr. Laurentowski:
Per our prior discussion, attached is Willdan Financial Services’ (“Willdan”) proposal to assist the City
with the preparation of a Reserve Study for the City of Moorpark’s (“City”) Landscaping and Lighting
Maintenance Districts. It is anticipated this engagement will include all of the City’s districts, which are
identified in the table below.
Zone/District
Designation District Name Parcel Count
(FY 19/20)
Citywide Street Lighting 11,307
Citywide Landscaping 11,307
1 Pecan Avenue 88
2 Steeple Hill Area 623
3 Butter Creek/Peppermill 269
4 Williams Ranch Road 131
5 Pheasant Run Area 217
6 Inglewood Street 22
7 Moorpark Business Park 107
8 Home Acres Buffer Area 725
9 Moorpark Industrial Park 13
10 Mountain Meadows 2,493
11 Alyssas Court 9
12 Carlsberg 563
14 Silver Oak Lane 10
15 Zone A Country Club Estates 251
15 Zone B The Masters at Moorpark County Club 60
16 Mountain View 59
18 Moonsong Court 26
19 Campus Plaza 4
20 Meridian Hills 260
21 Zone A Canterbury Lane 77
21 Zone B Ivy Lane 100
22 Moorpark Highlands 690
24 875 Los Angeles Ave 2
25 Patriot Commerce Center 1
26 14339-14349 White Sage Road (Back-up District) 2
31 Tuscany Square (Back-up District) 4
32 145 Park Lane (Back-up District)1
33 Vistas at Moorpark 18
Exhibit C
379
Mr. Jeremy Laurentowski, City of Moorpark
Proposal to Prepare a Reserve Fund Study
January 28, 2020
Page ii
The attached contains our proposed scope of services and fee specific to this project.
We appreciate this opportunity to serve the City of Moorpark and look forward to hearing from you.
Please feel free to contact me directly at (909) 229-0826 or via email at jmcguire@willdan.com, with
questions regarding our proposal.
Sincerely,
WILLDAN FINANCIAL SERVICES
Jim McGuire
Principal Consultant
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Scope of Services
Project Understanding
In 1984, a Landscaping and Lighting Maintenance Assessment District No. AD 84-2 (“AD 84-2”),
encompassing the entire City of Moorpark (“City”) was created to fund costs associated with street lighting
and the maintenance of various landscaped areas in the City. This was a successor to the district enacted
by the County of Ventura prior to the incorporation of the City. In subsequent years, Zones of Benefit were
added to fund improvements and the maintenance of certain specific areas. Later, these Zones were
changed to District 1 through District 12. Since 1984, the City has formed additional Assessment Districts to
fund the maintenance of certain landscape improvements in and adjacent to specific developments.
At present, there are thirty (30) identified special benefit assessment Zones/Districts that may be annually
assessed for various improvements and maintenance including:
a. Street Lighting – street lighting energy and maintenance costs (Citywide assessment);
b. Landscape Maintenance – maintenance of certain designated parkways and medians (Citywide
assessment); and
c. Zones/Districts – refer to the table below.
Zone/District
Designation District Name
Location Parcel Count
(FY 19/20)
1 Pecan Avenue Tract 2851 88
2 Steeple Hill Area Tract 2865 623
3 Butter Creek/Peppermill Tract 3032 269
4 Williams Ranch Road Tract 3274 131
5 Pheasant Run Area Tracts 3019 & 3525 217
6 Inglewood Street Tract 3274 22
7 Moorpark Business Park LA Ave & Gabbert 107
8 Home Acres Buffer Area West end of West Ranch area 725
9 Moorpark Industrial Park Condor Drive 13
10 Mountain Meadows Planned Community 3 2,493
11 Alyssas Court Tract 4174 9
12 Carlsberg Specific Plan 563
14 Silver Oak Lane Tract 5201 10
15 Zone A Country Club Estates Tract 4928 251
15 Zone B The Masters at Moorpark County Club Tract 5463 60
16 Mountain View Tract 5161 59
18 Moonsong Court Tract 5307 26
19 Campus Plaza Tract 5264 4
20 Meridian Hills Tract 5187 260
21 Zone A Canterbury Lane Tract 5133 77
21 Zone B Ivy Lane Tract 5425 100
22 Moorpark Highlands Tract 5045 690
24 875 Los Angeles Ave LA Ave & Goldman Ave 2
25 Patriot Commerce Center CPD 2004-01 1
26 14339-14349 White Sage Road (Back-up District)CPD 2004-03 2
31 Tuscany Square (Back-up District)CPD 2005-02 4
32 145 Park Lane (Back-up District)CPD 2005-03 1
33 Vistas at Moorpark Tract 5130 18
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In general, the improvements maintained in Zones/Districts 1-33 may include: turf; ground cover; shrubs;
trees; irrigation systems; drainage systems; lighting; fencing; statuary, fountains, and other ornamental
structures and facilities; entry monuments; hardscape surfaces; and related improvements within specific
slope and parkway landscaping areas, specified medians, buffer areas, natural areas or open spaces, trails
and trail areas, certain drainage detention and debris basins, bio-swales including related storm drains and
access roads (“LMD elements”).
Willdan Financial Services (“Willdan”) understands that the City’s primary objectives for this Reserve Fund
Study (The “Project”) is to develop a plan that ensures the long term viability of the improvements for each
of the Zones/Districts, while simultaneously creating a managed assessment plan and reserve fund to meet
financial needs and avoid dramatic swings in the annual assessments. Furthermore, the plan can be utilized
to identify the need for increased assessments, additional revenues from other sources, and/or the need to
reduce the level of service(s).
Based on previous discussions, we understand that the City currently has detailed improvement data,
descriptions, and/or development plans that identify the maintained improvements for the more recently
established Zones/Districts, but that information and those improvements have not been fully compiled into
one document or fully evaluated. In addition, improvement plans and inventories of the various landscaping
improvements, elements and facilities for many of the older Zones/Districts have not been developed and
the information regarding those improvements are largely general descriptions (primarily what is outlined in
the Engineer’s Report) with little information regarding the extent of those improvements or element details.
In order to develop a Capital improvement Plan (CIP) for each of the Zones/Districts and ultimately establish
the reserve funds necessary to address the capital improvement needs and financial stability, a complete
and detailed improvement inventory matrix needs to be developed. This improvement inventory matrix will
be used to:
a. Identify existing LMD elements;
b. Quantify those elements, and
c. Analyze and determine the element’s current viability and remaining life span.
In addition, working with City staff we will develop an estimated replacement and renovation budget for all
identified types of elements in the inventory utilizing an average cost factor per square foot, per linear foot,
or per unit for each respective element as applicable in each Zone/District. Cost factors for the various
landscape improvements and elements will be developed based on replacement cost history provided by
the City from recent LMD asset rehabilitation projects. These cost factors may then be adjusted or modified
as necessary based on replacement cost estimates and pricing obtained from vendors or other agencies.
This inventory will develop a foundation upon which long term funding needs and future reserve funding
decisions can be based, ultimately establishing a more targeted reserve fund policy and plan.
Approach
The following outlines Willdan proposed work plan to prepare a Reserve Fund Study for the City’s
Zones/Districts. These districts and assessments provide for the continued maintenance, servicing,
administration and operation of specific landscaping and lighting improvements and associated
appurtenances.
The work plan that follows will entail working with City staff to identify when the various landscaping
improvements and related elements being maintained for the Zones/Districts were installed, as well as
determine a reasonable life expectancy for replacement. We will then develop a CIP based upon information
gathered during our review and compiling the improvement matrix. We also discuss possible plans City staff
may want to incorporate into a specific Zone/District. The funding needs and timing of the identified CIP
projects will ultimately establish a long-term cost recovery plan for each Zone/District that will translate into
the Reserve Fund program. Ultimately, at the completion of this Project, the City Council may adopt an
updated policy and/or resolution that formalizes the criteria specific to the utilization of reserve funds and
possibly a policy to address funding shortfalls.
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Upon completion of this Project, the proposed Capital Improvement Plans could be incorporated into the
annual Engineer’s Report, including an overview of the plan description with a proposed budget and
estimated schedule for implementation. In future years the CIP can be updated in the Engineer’s Report
with regard to status of projects, cost and new projects that may be planned.
Willdan wants to ensure that the following work plan is responsive to the City’s needs. We will work with you
to tailor the proposed scope based on input prior to approval of a contract, and as needed during the course
of the project. Furthermore, Willdan will rely on the validity and accuracy of your data and documentation to
complete the proposed scope of work. We will further rely on the data as being accurate without performing
an independent verification of accuracy, and that we will not be responsible for any errors that result from
inaccurate data provided by the City or a third party.
Task 1: Project Kick-off Meeting
Objective: Establish effective lines of communication and identify additional documents or information
that the City will need to provide specific to this project.
Description: We propose to kick-off the project by holding either a meeting at City Hall or a conference
call to discuss the various elements of the project and fully develop the overall strategy and
course of action to address the City’s needs. This meeting should include all City staff
members that will be directly involved in the Project. This meeting will likely include specific
discussions of the City’s priorities; legal and political considerations; budget information;
and availability and access to pertinent documentation and improvement information. This
meeting will also serve to identify any specific issues or special circumstances associated
with the existing Zones/Districts.
Meetings: One (1) kick-off meeting with City staff to be held via conference call or face-to-face.
Deliverables: Based on the discussions and the availability of related documents and maps a timeline
(schedule of events) will be prepared and provided to the City.
Task 2: Develop Initial District Maps
Objective: Develop a set of initial GIS shape files and maps that will be utilized to identify and verify
the location and extent of the improvements located within the Zones/Districts.
Description: Utilizing documentation provided by the City, Willdan will conduct a preliminary review of
the Zones/Districts to create a portfolio of working documents and data. These documents
will likely include a summary listing of the parcels and relevant parcel property
characteristics identifying the current boundaries, the parcels, and the facilities that can be
identified from the Engineer’s Report and other documents provided by the City. To aide
this task, Willdan will likely request from the City a list of additional information and
documentation regarding the improvements, the Zones/Districts and developments, which
may include bid sheets, square footage of landscape areas including medians, copies of
tract maps, development plans, improvement plans and development agreements. These
documents will be used primarily as a tool or reference to aide in our efforts to clearly
identify and plot the improvements maintained by the City. Willdan will then cross reference
this information against the most current fiscal year’s Engineer’s Report.
Deliverables: City: Information request for available district, zone and development information.
Willdan: Initial set of GIS shape files and maps.
Task 3: Draft Expanded Zone Improvement Descriptions
Objective: Prepare a summary description of the specific improvements for each Zone/District, which
can be used to assist in the plotting of improvements in GIS.
Description: In order to generate an electronic mapping matrix of the improvements, Willdan will work
with City staff to create a detailed summary description of the improvements that are being
maintained in each Zone/District, outlining the specific location(s) and characteristics
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(sloped, non-sloped, plantings, turf, etc.) of the landscape improvements, facilities and
amenities. In addition, Willdan will work with City staff to establish a condition rating (scale
of 1 to 5) for the various improvement segments, facilities and amenities which will aide in
the formulation of a replacement/renovation plan and budget. While most of this work can
likely be done via emails and conference calls, we anticipate one to two days of on-site
visits may be necessary.
Deliverables: The more detailed descriptions of the improvements can be incorporated into the
Engineer’s Report, once completed for all Zones. These descriptions are for landscaping
and related facilities and amenities not street lighting or traffic signals.
Notations: Typically, site visits to review and evaluate the condition of the improvements as well as
estimating their useful life would be conducted over several days and involve one of
Willdan’s Landscape Architect Engineers. However, based on previous discussions, we
recognize that it is the City’s desire for this Reserve Fund Study to be as cost effective as
possible. Therefore, for this project, we anticipate developing the replacement/renovation
plans and budgets in large part from City staff input on the condition of the various
improvements.
Task 4: Develop an Electronic Mapping Matrix of the District Improvements
Objective: Develop an overall matrix of the improvements within each of the Zones/Districts.
Description: Willdan will work closely with City staff to develop and finalize the mapping of improvements
within the Zones/Districts that are currently maintained. In order to quantify an appropriate
and defensible benefit nexus, it is essential to identify and calculate the location and extent
of the funded improvements and their relationship to the assessed properties.
For this task, Willdan intends to utilize a combination of aerial photography and GIS
mapping to plot the location and extent of the improvements within the Zones/Districts. It is
our intention to convert diagrams, tract maps and development plans provided by the City
from hard copy and/or PDF to GIS or a similar mapping tool, such as a scaled CAD file.
The electronic mapping of the improvements will provide the visual documentation and
resource necessary to identify and quantify special benefits, as well as potential general
benefits that could potentially impact the proportional allocation of costs and assessments.
Deliverables: Develop a final set of GIS shape files and maps that will be utilized to identify and verify the
location and extent of the improvements associated with the Zones/Districts. When finalized
with the City, these maps may also be incorporated into the annual Engineer’s Report as
part of the Assessment Diagrams.
The final GIS maps/files will be provided to the City.
Task 5: Prepare Comprehensive Improvement Matrix
Objective: Compile a comprehensive list of improvements and facilities associated with the
Zones/Districts.
Description: Willdan will work with City staff to compile specific information regarding the numerous,
previously outlined, LMD elements. Once the information has been compiled, we will
quantify and analyze the elements in order to determine the current viability and remaining
life span.
In addition to identifying the location, type and extent of the various improvements and
facilities, we anticipate that the improvement matrix will consider possible variations in the
level of desired maintenance and servicing required for the various improvements and/or
special maintenance requirements. While a general overview of the improvements is
typically sufficient for an Engineer’s Report, detailed information of the specific
improvements will be critical to the development of the CIP.
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Meetings: As needed, conference calls and e-mails with City staff to discuss and refine specific
improvement information.
Task 6: Develop the Capital Improvement Plan
Objective: Establish a plan, and potentially guidelines, that will assist with possible capital
improvement projects that can be implemented to address the long-term needs of the City’s
Zones/Districts. The plan will also help to ensure that LMD elements are adequately
addressed and the funding for such capital improvements are appropriately reflected in the
annual district budgets.
Description: Evaluate the Comprehensive Improvement Matrix and estimated remaining life span of
each existing LMD element. We will work with City staff to establish appropriate renovations
and/or replacement values for each element.
Areas that exhibit poor landscapes, irrigation facilities, or equipment will be documented.
Documentation of the LMD elements or sites that are in poor condition may include
photographs indicating general appearance or specific deficiencies.
The list below identifies possible projects that can be incorporated into the Zones/Districts.
Some of the projects listed may not fall into the improvement spectrum of the developed
CIP and additional projects or uses of the available funding may be identified during the
review and evaluation of the Zones/Districts.
Replacement of non-energy efficient lighting;
Replacement of lighting fixtures;
Establishment of a scheduled tree trimming program;
Tree replacement;
Upgrading irrigation system (installation of smart controllers);
Installation/replacement of landscaping plants, sod and/or shrubs;
Installation or construction of statuary, fountains, and other ornamental structures and
facilities;
Conversion of the landscaping and irrigation system to be more water efficient;
Replacement of turf areas;
Development of a comprehensive pavement management program and schedule;
Repairs and/or replacement of curbs, gutters, walls or sidewalks;
Park or recreational improvements including, but not limited to the following:
o Land upgrades, such as grading, leveling, cutting and filling, sod, landscaping,
irrigation systems, sidewalks and drainage; and
o Lights, playground equipment, play courts and public restrooms.
Deliverables: Prepare a draft CIP for City review and feedback. Upon receipt of the City’s feedback a final
report will be prepared and distributed.
Meetings: Two meetings: one meeting to present and finalize findings and recommendations with City
staff; and one meeting to present the final plan to City Council, if requested.
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Task 7: Draft Revised Capital Improvement Reserve Fund Policy
Objective: Utilize the finalized CIP to update the existing policy specific to the Capital Improvement
Reserve Fund.
Description: In conjunction with City staff and legal counsel, revise the policy/policies specific to the
Capital Improvement Reserve Fund to include statistical data, as well as operating reserve
fund and capital reserve fund. It is anticipated the prescribed limits of the reserve funds will
be revised in order to properly accommodate future replacement projects.
Deliverable: Draft policy language for review and feedback.
City Responsibilities
To assist the Willdan Team, the City will provide the following information and/or services:
Detailed listings and descriptions of the improvements to be reviewed as part of our scope of work,
and the bid sheets associated with those improvements, services and/or facilities.
Various maps or diagrams (either electronically or in hardcopy) of the existing or potential
improvements and facilities.
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Landscaping and Lighting Maintenance
Assessment District Reserve Fund Study
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Fee for Services
Willdan will perform the tasks outlined within the Scope of Services section for the not-to-exceed fee of
$55,000. It is important to note that a significant portion of this proposed fee has been allocated to GIS
mapping, which is necessary for the development of an accurate Reserve Fund Study to be used for an
extended period of time.
Please note the following.
Telephone conference calls are not considered “meetings” for the purpose of our proposal and are
not limited by our scope of services.
Additional and/or optional services, including additional meetings, may be authorized by the City
and will require an additional fee.
We will invoice the City based on percentage of project completion.
This fee includes direct expenses, such as printing and postage.
Additional Services
Additional services may be authorized by the City and will be billed at our then-current hourly overhead
consulting rates. Our current hourly rates are:
Willdan Financial Services
Hourly Rate Schedule
Position Hourly Rate
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
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