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David Taussig & Associates, Inc. A2017-250AGREEMENT NO. A2017- 250 FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF CHINO HILLS AND DAVID TAUSSIG AND ASSOCIATES, INC. DEVELOPMENT IMPACT FEE PROGRAM EVALUATION/UPDATE THIS AGREEMENT, made and entered into this 14"' day of November, 2017, between the CITY OF CHINO HILLS, a municipal corporation, hereinafter referred to as "City" and DAVID TAUSSIG AND ASSOCIATES, INC., hereinafter referred to as "Consultant". In consideration of the. mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhibit A "SCOPE OF SERVICES" attached hereto and made a part hereof. Consultant shall submit its work to the City for its review after completing each phase of the project as described in Exhibit A, or when otherwise requested by the City. Consultant shall, at its own cost, make any revisions of its own work as required by the City and redo, at its own cost, any work which the City finds unsatisfactory due to Consultant's or subcontractor's errors or omissions. Consultant represents and warrants that it has the qualifications, experience and facilities to' properly perform said services in a thorough, competent and professional manner and shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law. Consultants shall begin its services under this Agreement on November 15, 2017. 2. STATUS OF 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 -1- 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, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant shall not disseminate any information or reports gathered or created pursuant to this. Agreement without the prior written approval of City except information or reports required by government agencies to enable Consultant to perform its duties under this Agreement. 3. CONSULTANT'S KNOWLEDGE OF APPLICABLE LAWS. Consultant shall keep itself informed of applicable local, state and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall observe and comply with all such laws. and regulations affecting its employees. City and its officers and employees, shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section. 4. PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services hereunder and shall obtain the approval of the City Manager of all proposed staff members performing services under this Agreement prior to any such performance. -2- 5. COMPENSATION AND METHOD OF PAYMENT. Compensation to the Consultant shall be as set forth in Exhibit B attached hereto and made a part hereof. Total compensation shall not exceed $52,000. Payments shall be made within thirty (30) days after receipt of each invoice as to all undisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. ADDITIONAL SERVICES OF CONSULTANT. 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 or listed in Exhibit A, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 7. ASSIGNMENT. All services required hereunder shall be performed by Consultant, its employees or personnel under direct contract with Consultant. Consultant shall not assign to any subcontractor the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of City Manager. 8. FACILITIES AND RECORDS. 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 -3- 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 its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 9. TERMINATION OF AGREEMENT. This Agreement may be renewed annually, but will terminate on December 31, 2018, unless otherwise extended in advance and in writing by the City Manager. This Agreement may be terminated with or without cause by either party upon 30 days written notice. In the event of such termination, Consultant shall be compensated for non -disputed fees under the terms of this Agreement up to the date of termination. 10. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Scope of Services, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement. 11. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, studies, surveys, reports, -4- data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall, become the sole property of City. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Notwithstanding the above, all computer financial. models including without limitation compilations of formulas and spreadsheet models used or developed by the Consultant in performing its work are proprietary and shall remain property owned solely by the Consultant.. 12. RELEASE OF INFORMATION/CONFLICTS OF INTEREST. (a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization excepting that information which is a public record and subject to disclosure pursuant to the California Public Records Act, Government Code § 6250, et seq. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. -5- If Consultant or any of its officers, employees, consultants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant's conduct, including the City's attorney's fees. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be .served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. (b) Consultant covenants that neither they nor any officer or principal of their firm have any interest in, or 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, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor without the express written consent. of the City Manager. Consultant further covenants that Consultant has not contracted with nor is performing any services directly or indirectly with any developer(s) and/or property owner(s) and/or firm(s) and/or partnerships owning property in the City or the study area and further covenants and agrees that Consultant and/or its subcontractors. shall provide no service or enter into any agreement or agreements with any developer(s) and/or property owner(s) and/or firm(s) and/or partnerships owning property in the City or the study area prior to the completion of the work under this Agreement without the express written consent of the City Manager. 13., DEFAULT. In the event that Consultant is in default of any of the provisions 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 this Agreement immediately by written notice to the Consultant. 14. INDEMNIFICATION. (a) Consultant represents it is skilled in the professional calling necessary to perform the services and duties agreed to hereunder by Consultant, and City relies upon the skills and knowledge of Consultant. Consultant shall perform such services and duties consistent with the standards generally recognized as being employed by professionals performing similar service in the State of California. (b) Consultant is an independent contractor and shall have no authority to bind City nor to create or incur any obligation on behalf of or liability against City, whether by contract or otherwise, unless such authority is expressly conferred under this agreement or is otherwise expressly .conferred in writing by City. City, its elected and appointed officials, officers, agents, employees and -7- volunteers (individually and collectively, "Indemnitees") shall have no liability to Consultant or to any other person for, and Consultant shall indemnify, defend, protect and hold harmless the Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which the Indemnitees may.suffer or incur or to which the Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by the negligent or wrongful acts or omissions of Consultant, its agents, officers, directors or employees, in performing any of the services under this agreement. If any action or proceeding is brought against the Indemnitees by reason of any of the matters against which Consultant has agreed to indemnify the Indemnitees as above provided, Consultant, upon notice from the CITY, shall defend the Indemnitees at Consultant's expense by counsel acceptable to the City. Notwithstanding anything to the contrary, Consultant fully recognizes that the obligations and responsibilities associated with this Paragraph attach immediately upon execution of the Agreement. The insurance required to be maintained by Consultant under paragraph 15 shall ensure Consultant's obligations under this paragraph 14(b), but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this paragraph 14(b) shall survive the expiration or earlier termination of this agreement. The Consultant's indemnification does not extend to Claims occurring as a result of the City's sole negligent or willful acts or omissions. 15. INSURANCE. A. Insurance Requirements. Consultant shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance: least as broad as: (1) Minimum Scope of Insurance. Coverage shall be at (a) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (b) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (c) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement. �19 (d) Errors and omissions liability insurance appropriate to the Consultant's profession. (2) Minimum Limits of Insurance. Consultant shall maintain limits of insurance no less than: (a) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial. General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities related to this Agreement or the general aggregate limit shall be twice the required occurrence limit. (b) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (c) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. (d) Errors and Omissions Liability' $1,000,000 per claim. B Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: (1) All Policies. Each insurance policy required by this paragraph 15 shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City. -10- (2) General Liability and Automobile Liability Coverages.. (a) City, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs, products and completed operations of Consultant; premises owned, occupied or used by Consultant, or automobiles owned, leased or hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, or employees. (b) Consultant's insurance coverage shall be primary insurance as respect to City, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, Consultant's insurance. (c) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (d) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (3) Workers' Compensation and Employer's Liability Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, -11- employees and agents for losses arising from work performed by Consultant for City. C. Other Requirements. Consultant agrees to deposit with. City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time. (1) Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides. (2) Any deductibles or self-insured retentions must be declared to and approved by City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. (3) The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. 16. NON DISCRIMINATION/NONPREFERENTIAL TREATMENT STATEMENT. In performing this Agreement, the Parties shall not discriminate or -12- grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin, and shall comply, to the fullest extent allowed by law, with all applicable local, state and federal laws relating to nondiscrimination. 17. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101, et seq.), as amended; and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the City for such use of unauthorized aliens, Consultant hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith. 18. ENTIRE AGREEMENT. This Agreement is the complete, final, entire and exclusive expression of the Agreement between the parties hereto and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid and binding. 19. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shallgovern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of -13- this Agreement. Any litigation concerning this Agreement shall take place in the San Bernardino County Superior Court. 20. ASSIGNMENT OR SUBSTITUTION. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant by this Agreement. In recognition of that interest, neither any complete nor partial assignment of this Agreement may be made by Consultant nor changed, substituted for, deleted, or added to without the prior written consent of City. Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 21. MODIFICATION OF AGREEMENT. The terms of this Agreement can only be modified in writing approved by the City Council and the Consultant. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. 22. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation and warrants and represents that he/she/they has/have the authority to bind Consultant to the performance of its obligations hereunder. -14- 23. NOTICES. Notices shall be given pursuant to this Agreement by personal. service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows: Com. Attention: City Clerk City of Chino Hills 14000 City Center Drive Chino Hills, California 91709 Consultant. . Attention: David Taussig David Taussig & Associates, Inc. 5000 Birch Street, Suite 6000 Newport Beach, CA 92660 The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service. 24. 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. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear I_:1-1:1� A. Exhibit A: Scope of Work B. Exhibit B: Compensation 25. SEVERABILITY. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement. -15- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF CHINO HILLS Mayor DAVID TAUSSIG & ASSOCIATES, INC. nature) (Printed name/Title) Chef (Date) / City Clerk APPROVED AS TO FORM: (Signature) ,N�/tety'l9 c ,✓f \ �� Mark D. Ffin ley (Printed Name/Title) City Attorney /1�1i (Date) -16- Exhibit A Scope of Work SECTION 3 ■ UNDERSTANDING AND APPROACH 3. SCOPE OF WORK FOR DEVELOPMENT IMPACT FEE STUDY A. DTA'S APPROACH TO EVALUATING AND UPDATING CITY'S TRAFFIC, WATER, SEWER, STORM DRAIN, PARKS AND RECREATION, AND GENERAL CITY FACILITIES FEE PROGRAMS It is DTA's understanding that the City is requesting an evaluation of its current fee programs for traffic, water, sewer, storm drain, parks and recreation, and general city facilities (collectively referred to hereinafter as the "Fee Programs"). The purpose of this evaluation ("Fee Evaluation") is to determine whether the revenues being collected by the City are adequate to fund the outstanding facilities listed on the Needs List included in the City's original 1998 Public Facilities Implementation Plan ("PFIP"). Phase 1 of this Fee Evaluation will constitute an update of a previous evaluation of four of these five Fee Programs prepared by Keyser Marston and Associates in April 2014 (the "KMA Evaluation"). The only Fee Program not previously included in the KMA Evaluation was the program intended to fund general city facilities. Phase 2 of this Fee Evaluation, if requested by the City, will consist of the preparation of a Five -Year Report, as mandated by Section 66001(d) of the California Government Code. In this Five -Year Report, DTA will specifically analyze whether excess revenues have been collected by the City under the Parks and Recreation and General City Facilities fee programs and will make the statutory findings called for under Section 66001(d) either to support the retention of these fees and their continued imposition on future development, or to return all or a portion of these fees to current property owners if the fees collected are found to exceed the current cost of outstanding Needs List improvements. DTA will also prepare a 3 -Year Report as required by Municipal Code 3.40.120 for each of the six Fee Programs. Phase 1: DTA will analyze all of the revenue sources available to fund the City's outstanding Needs List facilities, including unexpended fees collected to date and available within each Fee Program (e.g., existing fund balances), fees anticipated to be collected based on current development projections for the City through Fiscal Year 2026-27, and other documentable funding sources. This work will require DTA to coordinate with the City's Community Development Department staff to determine appropriate development projections for the City. DTA will also coordinate with the City's Finance Department to determine the existing funding from the Fee Programs and other revenue sources to finance the outstanding facilities on the original Needs Lists Finally, DTA's Vice President of Engineering Services will work with the City's Public Works Departmentstaffto update the costs of outstanding Needs Listfacilities; this approach will enable the City to evaluate if the City's Fee Programs generate sufficient revenues to cover its share of these updated costs. Through this process, DTA will identify any shortfalls in projected fee revenues and determine potential increases in fee levels warranted at the current time. Notably, if increases are recommended, DTA will not be preparing a comprehensive revised City Fee Study with all of the required findings to justify the new fee levels, as required by Section 66000 et seq. of the Government Code. If the City decides to move forward with these higher fees, an AB 1600 - compliant study can be prepared by DTA under a separate Scope of Work. Phase 2: DTA will prepare a 3 -Year Report as required by Municipal Code 3.40.120 for each of the six Fee Programs. In addition, DTA will prepare a Five -Year Report to determine whether an excessive amount of fees has been collected in the Parks and Recreation and General City Facilities fee programs once the new costs of Needs List facilities have been determined. DTA will DAVID TAUSSIG �J & ASSOCIATES 15 SECTION 3 ■ UNDERSTANDING AND APPROACH make the findings necessary either to retain those fee revenues that are not in excess of projected Needs List costs, or to return to property owners collected fee revenues that are not necessary to fund the Needs List facilities. B. DTA'S SPECIFIC APPROACH TO THE CITY OF CHINO HILLS FEE EVALUATION With respect to the City's Fee Program evaluation, DTA would provide all-inclusive professional and technical assistance to the City under Phase 1 in the Scope of Work to (1) develop a conceptual project scope and review the existing Fee Program, Needs List, and applicable sections of the City municipal code; (2) prepare a comprehensive update of City land use projections; (3) review original Needs List facilities costs; (4) review the City's fee expenditures to - date, as well as funds on hand in each Fee Program, and project fee revenues to be generated by Fiscal Year 2026-27 based on anticipated development in the City; (5) calculate and recommend higher fee levels, if appropriate, to fully fund outstanding Needs List facilities for those Fee Programs anticipated to experience shortfalls; (6) document in a written report ("Report") any projected shortfalls in fee revenues as compared with the cost of building the outstanding facilities on the original Needs List; and (7) attend meetings with City staff, stakeholders, and/or City Council to obtain input and present the interim status of the Fee Evaluation, as well as the final Report. DTA's Report would summarize the analysis, assumptions, and conclusions of our firm's evaluation of the fee programs' ability to pay for the remaining facilities included in the original 1998 PFIP. In addition, as requested by City, DTA will (8) prepare the following reports: • A Three -Year Report under Phase 2, required pursuant to Chino Hills Municipal Code 3.40.120 for the following fee program categories: Traffic, Water, Sewer, Storm Drain, Parks and Recreation, and General City Facilities. DTA will provide analysis to assist the City Council in reviewing the fee program's status of compliance and the degree to which the fees collected are mitigating impacts of new development projects. • A Five -Year Report under Phase 2, required pursuant to Government Code Section 66001(d), justifying the retention of unexpended fee revenues currently held by the City, and recommending the return to current property owners of those excess funds not needed to fund Needs List facilities. The Five -Year Report will be developed for the Parks and Recreation Fee and General City Facilities Fee. In completing its analysis, DTA will partner with the City to evaluate and update existing fees and/or other potential impact fees under the five following Fee Programs: Traffic As part of the City's recent Traffic Impact Fee Evaluation, DTA shall review facilities needs lists and traffic projections from the City to mitigate the impact of traffic from new development on the larger transportation system. If selected as the City's Consultant for the Fee Evaluation project, DTA will apply the knowledge our team has gained regarding the City's specific traffic circulation, safety infrastructure, and traffic control needs. Specifically, DTA will assistthe City in updating the Traffic Facilities Fee, which will be funding the Pine Ave Extension. In demonstrating the updated fee program's ability to pay for remaining traffic infrastructure, DTA will incorporate into the report the list of transportation facilities needs discussed in the nexus study, including the Pine Avenue Extension as well as a variety of intersection and roadway improvements (e.g., signalization, restriping) throughout the City. DAVID ASSOCIATES Public Finance and Urban Economics SECTION 3 ■ UNDERSTANDING AND APPROACH ii. Water DTA shall review the City's existing plans (e.g., the Urban Water Management Plan ("UWMP")) along with rates and revenue structures associated with water services and water conservation mechanisms. We will take into account the effects of current and future water regulations. We will also examine the existing fee program's ability to finance current and proposed capital improvement projects, and consider funding for facilities that are deemed necessary to attain an appropriate service level for the community given projected population growth. iii. Sewer DTA shall review the existing Sewer Master Plan, Sewer System Management Plan ("SSMP"), and rates associated with sewer services. Also, DTA will conduct a detailed review of the existing wastewater revenue structure, the status of the wastewater funds, and infrastructure investments to improve water quality. DTA will review all applicable legislation, including the Municipal Code. We will take into account the effects of current and future wastewater regulations. In addition, DTA will review and coordinate with the City regarding any policies or ordinances that would impact the rate structure and development impact fee program. iv. Storm Drain DTA will incorporate into the fee evaluation study the storm drain facilities identified by the City as being necessary to serve new development within the planning areas. Our Project Team will gather facilities needs lists from the City Public Works Department for capital improvements (e.g., channel widening projects) related to drainage and flood control, and assess the currentfee program's ability to finance the construction of these facilities. V. Parks and Recreation DTA will review and clarify existing City standards related to parks and recreation facilities, including references to the General Plan, Specific Plans, General Fund Budget, City Code, Quimby Act Standard, and other conceptual frameworks. DTA will conduct interviews with City staff (e.g., Parks & Landscape Department) to identify capital improvements to meetthe outdoor recreational needs of a growing community and provide a high level of service for parks, recreation, open space, and trails. The project team will review the Parks, Recreation and Open Space Element of the General Plan. We also intend to utilize the CIP, facilities project lists, and estimated costs contained within plans provided by the City. DTA will then apportion the facilities between existing and new development in consultation with City staff and in accordance with the nexus analysis conducted. Please note that the parks and recreation facilities fee analysis is an AB 1600 nexus study and does not include a Quimby fee program update. vi. General City Facilities DTA will gather facilities needs lists from the City for capital improvements related to public administration and general city facilities. We will incorporate into the fee evaluation study the improvements identified by the City as being necessary to serve new development within the planning areas. 1J& D' .1 F%& ASSOCIATES 17 Public Finance and Urban Economics SECTION 3 ■ UNDERSTANDING AND APPROACH C. PROPOSED WORK PLAN Since its establishment in 1985, DTA has been at the forefront of establishing innovative solutions and methodologies for our clients. Having prepared numerous AB 1600 fee studies since the adoption of this legislation bythe State, DTA has pioneered many ofthe industry's techniques and standards. While some of our competitors have attempted to use our work methodology, they have often been unable to modify our methodology to account for the unique circumstances that impact a particular situation. Today, DTA continues to seek innovative solutions and refine our work product to better serve and protect our clients. DTA's experience gives us the ability to analyze a client's needs and match those needs with specific financing mechanisms to maximize the capacity of a financing program while minimizing burdens on property owners. The variety of financing structures for which we have provided our services have given us a perspective and level of experience that is unique to our industry. DTA's financial consulting services and work products reflect the scrutiny and refinement that can only come through such extensive experience. This experience can be crucial in identifying and resolving issues and helping our clients avoid the pitfalls we have seen cause problems for other municipalities. The Scope of Work listed below has been devised to include all tasks necessary to evaluate and update the City's current fee program so that it continues to comply with California Government Code Section 66000 et seq. in concert with the jurisprudence developed by various Federal District and State Courts. DTA's General Counsel regularly reviews state and federal legal and administrative opinions, regulations, and statutesthat mightaffect or modify Development Impact Fee Nexus Studies in California. DTA shall undertake the following tasks in preparing the Fee Evaluation: PHASE 1 TASK N0. 1- DEVELOP PROJECT STRATEGY AND HOLD KICK-OFF MEETING (WEEKS 1-4) DTA staff will meet with City staff in a project kick-off meeting to finalize the details of the project, deliverables, timetables, and tasks; discuss the fee methodologies and best practices; identify needed information (i.e., reports, project/needs lists, stakeholder groups, data, etc.); prepare the final schedule; discuss the public process; and resolve other concerns as appropriate. TASK N0.2 - DEVELOP POPULATION AND DEVELOPMENT PROJECTIONS (WEEKS 1-4) DTA will compile and document existing and future population and development estimates for the City. The projections resulting from this task will ultimately be used to calculate appropriate fee levels to satisfy the original Needs List, based on current cost estimates for the facilities on the Needs List. At this stage DTA would evaluate City resources, influences, and all factors affecting the existing Study, and.the various current and proposed/new fees. This task comprises four subtasks: Subtask 2(A) - Population Projections DTA will gather existing information on present and future population for the City from various sources, including City Staff, the General Plan, existing Master Plans, the U.S. Census, the State Department of Finance, and other data sources, includingthe City's Capital Improvement Program ("CIP") and Public Facilities Implementation Plan ("PFIP"). JIDAVID & ASSOCIATES Public Finance and Urban Economics SECTION 3 ■ UNDERSTANDING AND APPROACH Subtask 2(B) - Conduct Entitlement Research and Proiections DTA will coordinate with the City Planning Department to determine existing and future residential and non-residential development within the City over the planning horizon (e.g., Fiscal Year 2026- 27). To complete this subtask, DTA will: Review the General Plan/CIP and related plans to determine expected development land use patterns in the City. Review City records to identify existing entitlements for dwelling units and commercial/industrial development. Project the number of new dwelling units and commercial/industrial development based on existing entitlements and on population projections through Fiscal Year 2026-27, or such other target year as selected by City staff. Subtask 2(C) - Review Current City Fee Structure DTA shall review and summarize the City's current development fee structures, current policies and procedures, and other regulatory requirements affecting potential fee structures and revenue program requirements. Subtask 2(D) - Review Prior City Fee Justification Studies DTA shall review the approach and methodology utilized in prior City fee justification studies so that they can be evaluated in light of the City's current needs. TASK No. 3 - REVIEW FACILITY / CAPITAL NEEDS COSTS (WEEKS 5$) This task entails an update of the facility and capital needs required to serve the new development in the study area projected in Task 2. DTA will use existing City materials (and any relevant developers' facilities reports) as base documents and focus on updating this information. Subtask 3W - Survey/Interview City Staff DTAshall survey/interview Citystaffto review outstanding facilities remaining on the City's original Needs List, the timing at which improvements will be needed, and any physical data that would assist in developing the costs estimated below in Subtask 3(C). Subtask 3(B) - Facilities List Based on the information collected in Subtask 3(A), DTA shall work with the City staff to confirm a continuing need for the outstanding facilities remaining on the City's original Needs List. Subtask 3(C) - Review Cost Estimates DTA's engineering and technical staff will, as necessary, engage in the following tasks: consult with City department heads and/or engineering staff or equivalent to ascertain and understand in-house cost data for original Needs Listfacilities and equipment; apply appropriate inflation and cost of living escalators to the list of original Needs List facilities to determine future costs; review and/or refine existing cost data and examine major sources of revenue to fund construction of original Needs List facilities; and provide a proportional estimate between projected costs for new facilities and projected revenue from mitigation fees and other sources. TASK No. 4 - DETERMINE FEE LEVELS' ABILITY TO COVER PROJECT COSTS (WEEKS 5-12) This task entails calculating whether the fee amounts based upon the dwelling unit and commercial/industrial development projections completed in Task No. 2, will cover the facilities iJ PSDAVID TAUSSIG & ASSOCIATES 19 SECTION 3 ■ UNDERSTANDING AND APPROACH needs and costs determined in Task No. 3. Subtask 4(A) - Calculate Estimated Fee Revenues DTA shall calculate the fee revenues for the City by inputting the demographic projections and needs list data compiled under the preceding tasks, and computing the amount of revenue from each fee to be levied. This work will be done in a spreadsheet format, which can be updated annually. Subtask 4(B) - Document Fee Evaluation DTA shall document the methodology utilized for the fee calculation/evaluation model in a Report to be presented to the City. DTA shall prepare written explanations of each of these calculations. Deliverable: Memorandum listing recommended fee levels and supporting documentation. TASK No. 5 - CALCULATE NEW FEE AMOUNTS (IF NECESSARY ) (WEEKS 9-12) This task entails calculating new fee levels for those Fee Programs that were found to generate a shortfall of funding under Task No. 4. DTA will recommend a fee expenditure plan to ensure that projects can be fully funded and implemented within any required time limits for expenditures of such funds, as well as possible flexibility to allow collected fees to be used to provide the City match for grant applications and other revenue sources. TASK No. 6 - PREPARE DRAFT AND FINAL REPORTS (WEEKS 9-16) This task entails preparation of the Fee Evaluation Report for consideration by City staff and the City Council. The Report shall be in a format acceptable to the City and shall include preliminary and draft versions, as necessary, to meet the City's requirements. Subtask 6(A) - Prepare Draft Report for Comments Based on the work completed in Task Nos. 1 through 5, DTA will prepare the Draft Report for review and consideration by City staff. The report is expected to include the following: ■ Executive Summary ■ Population Projections ■ List of Outstanding Facilities and Current Costs from City's original Needs List ■ Fee Revenue Calculations ■ Recommended Fee Levels if Revenue Shortfalls Exist in one or more Fee Programs Subtask 6(B) - Prepare Final Report Based on the incorporation of City staff comments and concerns on the Draft Report, DTA will prepare the Report for presentation to the City Council and City staff. Deliverable: Draft and Final Report TASK No. 7 - ATTEND MEETINGS AND PUBLIC OUTREACH (WEEKS 1-16) This task entails attendance at two (2) additional meetings/workshops beyond the kick-off meeting, including meetings with City staff, stakeholders, and/or the City Council to obtain input and presentthe interim status of the Fee Evaluation, as well as the final Report. DTA shall prepare presentations and handouts for these meetings to better educate presentation attendees. Additional meetings beyond these two meetings may also be held, but may require additional budget. ADAVID TAUSSIG ASSOCIATES Public Finance and Urban Economics SECTION 3 ■ UNDERSTANDING AND APPROACH PHASE 2 TASK N0.8 - PREPARE THREE-YEAR REPORT AND FIVE-YEAR REPORT (WEEKS 1-16) As directed by the City, DTA will prepare the following reports: • A Three -Year Report required pursuant to Chino Hills Municipal Code 3.40.120 for the following fee program categories: Traffic, Water, Sewer, Storm Drain, Parks and Recreation, and General City Facilities. DTA will provide analysis to assist the City Council in reviewing the fee program's status of compliance and the degree to which the fees collected are mitigating impacts of new development projects. • A Five -Year Report required pursuant to Government Code Section 66001(d), justifying the retention of unexpended fee revenues currently held by the City, and recommending the return to current property owners of those excess funds not needed to fund Needs List facilities. The Five -Year Report will be developed for the Parks and Recreation Fee and General City Facilities Fee. 121 DAVID Public Finance and Urban Economics Exhibit B Compensation SECTION 4 ■ RESOURCE ALLOCATION The following table sets forth the estimated number of hours to be spent by DTA in performing each of the tasks listed in Section 3 above. In accordance with the RFP requirements, DTA has provided a list of total "Not -to -Exceed" fees as well as a professional services hourly rate schedule. DESCRIPTIONESTIMATED • HOURSRATE/COST President/MD 4 $275 $1,100 Task #1: Develop Project Vice 3 $250 $750 Strategy & Hold Kick -Off President/Engineering Meeting Manager 0 $180 $0 Other Supporting Staff 7 $150 $1,050 TOTAL• TO EXCEED TASK 1 14 ••- President/MD 2 $275 $550 Task #2: Develop Population Vice President/Engineering 4 $250 $1,000 and Development Projections Manager 1 $180 $180 Other Supporting Staff 12 1 $150 $1,800 TOTAL• TO EXCEED TASK 2 19 NA $3,530 President/MD 6 $275 $1,650 Task #3: Review Facility/ Vice President/Engineering 8 $250 $2,000 Capital Needs Costs Manager 9 $180 $1,620 Other Supporting Staff 15 $150 $2,250 TOTAL• TO EXCEED TASK 3 NA $7,520 President/MD 2 $275 $550 Task #4: Determine Fee Levels' Vice 5 $250 $1,250President/Engineering Ability to Cover Project Costs Manager 4 $180 $720 Other Supporting Staff 12 $150 $1,800 TOTAL• TO EXCEED TASK 4 23 NA $4,320 President/MD 2 $275 $550 Task #5: Calculate New Fee Vice President/Engineering 3 $250 $750 Amounts (if necessary) Manager 7 $180 $1,260 Other Supporting Staff 10 $150 $1,500 TOTAL• TO •.- 1 DAVID TAUSSIGa ASSOC IATE`4 Public Finance and Urban Economics 22 SECTION 4 ■ RESOURCE ALLOCATION The total fees associated with the Scope of Work for Tasks 1-8 shall be time and materials, not to exceed $49,500 For your reference, DTA's hourly rate schedule is provided in the table on the following page. DAVID TAUSSIG J & ASSOCIATES 23 1111111111 • • President/MD 8 $275 $2,200 Task #6: Prepare Draft and Vice President/Engineering 6 $250 $1,500 Final Reports Manager 5 $180 $900 Other Supporting Staff 20 $150 $3,000 TOTAL• • .•• President/MD 8 $275 $2,200 Task #7: Attend Two (2) Vice President/Engineering 14 $250 $3,500 Additional Meetings Manager 0 $180 $0 Other Supporting Staff 18 $150 $2,700 TOTAL NOT TO EXCEED TASK 7 40 NA $8,400 President/MD 6 $275 $1,650 Task #8: Prepare Three -Year Vice 19 $250 $4,750 Report and Five -Year Report President/Engineering Manager 9 $180 $1,620 Other Supporting Staff 21 $150 $3,150 TOTAL• To EXCEED TASK 8 55 NA $11,170 President/MD 38 $275 $10,450 TOTAL NOT TO EXCEED ALL TASKS Vice 62 $250 $15,500 *TASK 1 to 8* President/Engineering Manager 35 $180 $61300 Other Supporting Staff 115 $150 $17,250 Total• NA $49,500 The total fees associated with the Scope of Work for Tasks 1-8 shall be time and materials, not to exceed $49,500 For your reference, DTA's hourly rate schedule is provided in the table on the following page. DAVID TAUSSIG J & ASSOCIATES 23 SECTION 4 ■ RESOURCE ALLOCATION President/Managing Director $275/Hour Vice President/ Vice President -Engineering $250/Hour Manager $180/Hour Senior Associate II $165/Hour Senior Associate I $150/Hour Associate $135/Hour Research Associate $100/Hour In addition to fees for services, the City shall reimburse DTA for out-of-pocket and administrative expenses by paying a charge equal to 3% of DTA's monthly billings for labor, plus clerical time at $75 per hour, travel costs, and any outside vendor payments, not to exceed $2,500. Fees for services shall be charged at the completion of each of the seven tasks listed in the Scope of Work and in the Payment Schedule. Any additional tasks not listed in the Scope of Work that have been assigned by the City shall be charged at the hourly rates listed above. Additional meetings (over the kick- off meeting and two (2) other meetings included in the base rate) shall be charged at the rate of $2,500 per meeting. Legal Defense & Annual Updating (Optional) As a licensed attorney in California, DTA's in-house counsel for this engagement, Nathan Perez, Esq., is uniquely situated to efficiently and affordably review legal challenges to the City's fees and assessments. Other DTA senior staff is well -versed in current Impact Fee and Prop 218 law and all DTA staffers are experienced in receiving and responding to property owner calls and inquiries. Through comprehensive, considerate explanations, DTA can nearly always resolve complaints on or shortly after the first inquiry. Should a legal challenge be mounted, however, Mr. Perez and other DTA staff will (i) coordinate with City legal counsel, (ii) turn over and explain all work -product, (iii) immediately respond to all information requests, (iv) assist the City in researching and responding to the challenge, and (v) as necessary, provide a list of comparable districts engaging in comparable practices. These efforts, along with any services required for Annual Updating (or other ancillary tasks), will be billed at the hourly rates noted above. Limitations The labor costs in the table above include attendance at three (3) formal meetings with City staff, stakeholders, and the City Council. Attendance at more than three (3) meetings, detailed written responses to resolve disputes, or preparation of more than one set of major revisions to the draft report will be classified as Additional Work and may require additional billing at hourly rates identified in the table above if the maximum fee levels have been exceeded. D• 1 ASSOCIATES Public Finance and Urban Economic, SECTION 4 ■ RESOURCE ALLOCATION Other examples of Additional Work shall include the following: 0 Additional analyses based on revised assumptions requested by the City, including (a) possible changes in Facilities Needs List, infrastructure costs, population projections, and related data once preparation of the draft administrative report has been initiated, and (b) adjustments to assumptions once the draft administrative report has been approved. 0 Preparation of a complete Master Facilities Plan for the City without significant input from City staff, including existing lists of improvements to be included on the Needs List. 0 Negotiations with stakeholders once the Report has been prepared. 0 Actual implementation of fee programs. 0 Reproduction of over five (5) bound copies of the Report. All hourly rates for services apply for a 12 -month period from execution of the agreement and are subject to a cost -of -living increase every 12 months. On or about the first two weeks of each month during which Consulting Services are rendered, DTA shall present to the City an invoice covering the current consulting services performed and the reimbursable expenses incurred. The maximum fees listed above assume the review and implementation of the Fee Program with a schedule between initiation of services and public outreach that is no longer than four (4) months.. To implement the updated fee program by July 2018, DTA will complete the fee study in February 2018 so that City Council may approve the report/ordinance by March 2018. DAVID TAUSSIG P% &ASSOCIATES Public Finance and Urban Economics Did Not Receive Envelope from Engineering CITY OF CHINO HILLS DEVELOPMENT IMPACT FEE PROGRAM EVALUATION/UPDATE RESPONSE TO REQUEST FOR PROPOSALS (RFP) FOR TRAFFIC, WATER, SEWER, STORM DRAIN, AND GENERAL FACILITIES FEE EVALUATION Proposal Due Date: 10:00 a.m. on May 18, 2017 Newport Beach San Truicisco San Jose Riverside Dallas COVER LETTER May 18, 2017 City of Chino Hills Attn: Cheryl Balz, City Clerk City Clerk's Office 14000 City Center Drive Chino Hills, CA 91709 RE: Consulting Services for Evaluation/Update of the City of Chino Hills Development Impact Fee Program Dear Ms. Balz: DAVID TAUSSIG & ASSOCIATES, INC. ("DTA") is pleased to submit this proposal in response to the City of Chino Hills (the "City") Request for Proposals ("RFP") for the evaluation and update of the City's traffic, water, sewer, storm drain, and general facilities fee programs. Our firm is interested in being considered for this engagement, which includes performing an analysis ("Fee Evaluation") to determine the capability of the existing fee programs to fund the required infrastructure improvements previously selected by the City. The fee program evaluation and report would also further the City's goals related to future growth, sustainable development, and improved public facilities to retain community character, as stated in the Land Use Element of the General Plan. Additionally, as an optional task requested by the City, DTA is available to provide a Five -Year Report for each of the development impact fees pursuant to California Government Code Section 66001(d) to help the City remain in compliance with the reporting requirements of the Mitigation Fee Act ("AB 1600"). DTA has been licensed and registered with the Securities and Exchange Commission and the Municipal Securities Rulemaking Board as a Municipal Advisor (No. 867-01160) and is in compliance with all of the fiduciary requirements associated with this designation. As explained in the proposal, DTA has been working on impact fee studies since the approval of AB 1600 in 1987. Our firm has extensive experience in developing AB 1600 -compliant fees to finance a variety of public facilities improvements, such as water, sewer, storm drain, and general city facilities as well as traffic and transportation projects. DTA recently partnered with Iteris, Inc. to update the City's current Traffic/Transportation Impact Fee Program to finance City -selected intersection and roadway improvements. The final nexus study was released in March 2017, and the City Council approved the Resolution adopting the new traffic/transportation impact fees in April 2017. In addition, DTA was recently selected by the City to prepare an Affordable Housing Plan to assist the City in the implementation of a program that would utilize in -lieu affordable housing fees. As DTA has an existing relationship with the City, we look forward to the prospect of continuing to work with the City to evaluate and update its development impact fee programs. Our firm has assembled a project team for the City Fee Evaluation with the breadth of experience to provide impact fee consulting services in a professional and timely manner. This project would be primarily handled out of DTA's Newport Beach office. David Taussig, the President of DTA, would be the Principal -in -Charge and have the City's primary account responsibility. Mr. Taussig would be assisted by Nathan Perez, ESQ., a Managing Director at DTA; Steve Runk, PE, Vice President of Engineering Services at DTA; Tara Nathan, a Senior Analyst; and other support staff. Brief resumes for each of our key personnel are included in Section 2 of this proposal. �J PSDAVID TAUSSIG & ASSOCIATES 1 COVER LETTER Notably, DTA has included three meetings in our Scope of Work, including a kickoff meeting with City staff; one meeting with stakeholders, such as the Building Industry Association and other community representatives; and one meeting for a presentation to the City Council. We have found during prior Fee Study and Fee Evaluation engagements that involving these groups in the review of the draft Fee Study/Evaluation provides the political support needed by City Council in its deliberations and approval of the final report. If you have questions regarding this Proposal, please call me at (800) 969-4382. We look forward to working with you on this engagement. Best regards, David Taussig President 1 Public Finance and Urban Economics SECTION COVER LETTER SECTION 1. SECTION 2. SECTION 3. SECTION 4. SECTION 5. SECTION 6. SECTION 7. SECTION 9. SECTION 10. TABLE OF CONTENTS PAGE ................................................................................................................................1 EXPERTISE AND EXPERIENCE..............................................................................4 PROPOSED STAFFING AND AVAILABILITY..........................................................11 UNDERSTANDING AND APPROACH....................................................................15 RESOURCE ALLOCATION.....................................................................................21 SCHEDULE...........................................................................................................25 MANAGEMENTPLAN...........................................................................................26 QUALITYCONTROL...............................................................................................27 REQUIREDSTATEMENTS....................................................................................29 REVIEW OF PROFESSIONAL SERVICES AGREEMENT.......................................30 Public Finance and Urban Economics SECTION 1 ■ EXPERTISE AND EXPERIENCE 1. DTA EXPERTISE AND EXPERIENCE A. OVERVIEW OF DTA QUALIFICATIONS DAVID TAUSSIG & ASSOCIATES, INC. ("DTA") is pleased to submit this Proposal to the City of Chino Hills (the "City"). DTA is a public finance and urban economics consulting firm founded in 1985 that specializes in infrastructure and public services finance. Our firm has offices in Newport Beach, San Francisco, San Jose, and Riverside, California, and branch offices in Dallas, Texas and Houston, Texas, to service our clients in the Midwestern and Southwestern United States. Additional information on DTA is available on our website (www.taussi .com). DTA has been performing public facilities fee consulting services for 30 years, since 1987. Development impact fees ("DIFs") were enacted under Assembly Bill 1600 by the California Legislature in 1987 and codified under California Government Code §66000 et seq., also called the Mitigation Fee Act (the "Act" or "AB 1600"). DTA has had extensive experience preparing development impact fee studies that have complied with Section 66000 et seq. of the Government Code and have withstood legal scrutiny to where none of our prior studies has been subject to any litigation. DTA also retains in-house legal counsel who are engaged in this project and can assist our firm in clarifying legal issues that may arise related to the review or preparation of a Nexus Study. In brief, it is our understanding that the City is seeking a consultant that will work with City staff to provide an update/evaluation of its existing development impact fee program (the "Fee Evaluation") and, at the City's request, prepare AB 1600 -compliant five-year reports. In evaluating the City's fee program, DTA will use existing and future population, employment, and development forecasts in addition to the City -provided facility needs list. This project would be primarily handled out of DTA's Newport Beach office. Please note that there will be no sub -consultants on this project. David Taussig, the President of DTA, would have the City's primary account responsibility. His contact information is as follows: David Taussig, President and CEO David Taussig & Associates 5000 Birch Street, Suite 6000 Newport Beach, CA 92660 Office: (800) 969-4382 ext. 202 Email: dtadavid@taussig.com DTA has a staff of more than 70 employees, all of whom are directly involved solely in public finance. Staff members come from backgrounds in several fields, including land development, public administration, civil engineering, investment banking, economic consulting, redevelopment, law, and land -use planning. This diversity of experience and expertise allows DTA to meet a wide variety of challenges, both related to the actual work -product and to client - management. All of DTA's personnel have considerable experience in computer-based financial analysis and modeling, which is a key component of the firm's consulting services. This ensures that the development of computer models utilized in the Fee Evaluation will be in experienced hands. Please see Section 2 of this proposal (below) for more information about the team members assigned to this engagement. Since its establishment in 1985, DTA has completed consulting assignments for over 2,500 clients in ten (10) states. During this period, the firm has been involved in the formation of over �J �DAVID TAUSSIG & ASSOCIATES 4 SECTION 1 ■ EXPERTISE AND EXPERIENCE 1,500 public finance districts, with total bond authorizations exceeding $60 billion. Our financing programs have utilized a variety of public financing mechanisms such as Assessment Districts ("ADs"), Community Facilities Districts ("CFDs"), Certificates of Participation, Tax Allocation Bonds, Sewer and Water Revenue Bonds, Marks -Roos Bond Pools, Landscaping and Lighting Districts ("LLDs"), Integrated Financing Districts, and various types of fee programs. Our experience implementing a variety of public financing mechanisms and analyzing City budgets (see fiscal impact analysis capabilities, below) has enabled us to prepare Public Facilities Financing Plans that include capital financing alternatives and revenue projections, as well as infrastructure master plans, sewer and water rate analyses, and other related documents that transcend just the preparation of fee studies. Regarding Development Impact Fee Studies, all of DTA's AB 1600 studies, and our Assessment District formation work, include a benefit cost analysis and determination of nexus between the facilities financed, existing and future land uses, and the specific financing mechanism. DTA has prepared approximately 350 fee justification studies and analyses throughout California, and in other States, involving fees for a variety of public improvements, including transportation, water, sewer and flood control facilities, fire and police stations, parks, libraries, and other types of infrastructure. A list of recent Development Impact Fee Study clients, as well as five references in this group, is listed in Section 1.13 below. In addition to the planning and implementation of financing mechanisms, DTA is also involved in the fiscal and economic analysis of land development impacts, project feasibility studies, and economic development studies. DTA staff has also prepared over 400 fiscal impact reports ("FIRs") estimatingthe revenue and cost impacts of various land use decisions on cities, counties, and special districts. Perhaps DTA's most outstanding qualification is the dedication and loyalty of the senior employees, many of whom have worked at DTA for 15 years or more and are available should any u i ue si ua ions arise. DTA can offer a level of management expertise unequalled throughout the public finance consulting industry. S. DTA DEVELOPMENT IMPACT FEE STUDY REFERENCES DTA has provided public finance consulting services to virtually every major City and County in the State. Our City clients are too numerous to list individually, but include the Cities of Anaheim, Fresno, Irvine, Long Beach, Los Angeles, Sacramento, San Diego, San Francisco, and San Jose. Our County clients have included the Counties of Alameda, Butte, Contra Costa, Fresno, Imperial, Los Angeles, Madera, Marin, Orange, Placer, Riverside, Sacramento, San Bernardino, San Diego, San Francisco, Santa Barbara, Shasta, Sutter, Stanislaus, and Yuba. DTA has also provided public finance consulting services for over 250 school districts, water districts, and fire protection districts throughout California. AB 1600 studies prepared by DTA in recent years include studies for the Cities of Anaheim, Blythe, Brawley, Calexico, Cathedral City, Chino Hills, Costa Mesa, Escalon, Firebaugh, Goleta, Kingsburg, Live Oak, Mammoth Lakes, Palo Alto, Pasadena, Paso Robles, Perris, Red Bluff, Reedley, Rialto, San Francisco, San Jacinto, San Luis Obispo, Torrance, and. Victorville; and for the Counties of Colusa, Kings, Riverside, San Bernardino and Yuba, among others. Listed on the following pages are examples of five (5) of DTA's recent impact fee studies for municipalities in California, as well as our references for each of these five studies. We encourage you to contact our references to learn firsthand how well DTA staff meets the needs of its clients. %DAVID & ASSOCIATES Public Finance and Urban Economics CITY OF PASO ROBLES, CA PROJECT LOCATION: Paso Robles, CA SECTION 1 ■ EXPERTISE AND EXPERIENCE CLIENT ■ City of Paso Robles Mr. John Falkenstien City Engineer 1000 Spring Street Paso Robles, CA 93446 Phone: (805) 237-3860 SCOPE OF WORK ■ Coordination with the City to identify needed facilities ■ Calculation of fee amounts for residential and non- residential land uses ■ Preparation of Fiscal Impact Analysis ■ Preparation of fee ordinance ■ Documentation of all work and preparation of AB 1600 Fee Study PROJECT DESCRIPTION AND FINAL OUTCOME DTA is currently working on an update to an original AB 1600 Fee Justification Study that our firm prepared for adoption by the Paso Robles City Council in 2006. - DTA's 2006 engagement involved the preparation of the Fee Justification Study and a Fiscal Impact Analysis for the City. DTA prepared its original work in 2006, and has prepared updates in 220 9, 2012, and 2014. We are currently working with the City on an additional update to establish new land use categorieso-rsmall apartments to encourage affordable housing. Major project objectives included a comprehensive review of existing City fee programs and ordinances, identification of needed backbone infrastructure, with emphasis on the transportation facilities required east of State Highway 101, as well as costs related to any existing infrastructure deficiencies in that area, an update of the City's existing fee program, and preparation of a draft ordinance to be utilized by the City for collection of fees. In addition, DTA also successfully completed the formation of a City-wide Mello -Roos Community Facilities District to mitigate the police and fire protection services shortfalls determined through the preparation of the Fiscal Impact Analysis. Furthermore, DTA has very recently prepared a series of cash flow pro formas for each major infrastructure category of the City's Public Facilities Needs List (the "Needs List") for long-term budget and financial planning purposes. DAVID J P%& ASSOCIATES Public Finance and Urban Economics SECTION 1 ■ EXPERTISE AND EXPERIENCE COUNTY OF SAN BERNARDINO, CA CLIENT PROJECT LOCATION: County of San Bernardino, CA 0 County of San Bernardino Mr. Tom Hudson Director of Land Use Services 1 Dept. 385 North Arrowhead Ave. San Bernardino, CA 92515 Phone: (909) 252-5105 ;y Tom. Hudson@lus.sbcounty.gov SCOPE OF WORK ■ Projections of future population, housing, and employment ■ Coordination with the County to identify needed facilities ■ Review of General Plan to identify needed facilities ■ Calculation of fee amounts for residential and non- residential land uses N Documentation of all work and preparation of AB 1600 County of San Bernardino Courthouse, San Bernardino, CA Fee Study ■ Formation and administration of special districts PROJECT DESCRIPTION AND FINAL OUTCOME DTA was hired in 2012 to prepare a fee study covering a variety of impact fees for all of the unincorporated portion of San Bernardino County, as well as selected fees that would be applied Countywide to cover those facilities, such as regional parks, that serve the entire County. The study covered parks, trails, roads, flood control, sheriff, fire, detention center, library, and museums. DTA used a standards-based approach for regional parks and trails fees, as well as fees for coroner -sheriff, detention, fire, library, and museum facilities. Our firm then employed plan -based and capacity -based approaches for roads, flood control, water, and wastewater facilities. The study was made more complicated by the benefits generated by certain unincorporated County facilities that were shared with existing and new development within incorporated cities (e.g., flood control facilities), as well as the road fees, which were complicated by the existence of a separate fee for regional roads imposed by the San Bernardino Council of Governments. While the study itself has been completed, the County has never implemented a comprehensive fee program previously, and the fee program has not yet been officially adopted by the Board of Supervisors. In addition, DTA has served as the County of San Bernardino's special tax consultant since 2002. In this role, we assisted in the formation of special tax bond issuances for the County's nine (9) CFDs and Improvement Areas. P.H. Urban Fconomics SECTION 1 ■ EXPERTISE AND EXPERIENCE CITY OF PERRIS, CA CLIENT PROJECT LOCATION: Perris, CA ■ City of Perris Mr. Darren Madkin _,.._ . Deputy City Manager Community Services 101 N. D Street Perris, CA 92570 Phone: (951) 943-6100 DMadkin@cityofperris.org SCOPE OF WORK ■ Projections of future population, housing, and - employment L ■ Coordination with the City to identify needed facilities standard ■ Development of facilities cost estimates Mercado Park, Perris, CA ■ Calculation of fee amounts for residential and non- residential land uses ■ Documentation of all work and preparation of AB 1600 Fee Study PROJECT DESCRIPTION AND FINAL OUTCOME In order to adequately plan for new development and identify the public park and recreation facilities and costs associated with mitigating the direct and cumulative impacts of new residential development, DTA was retained by the City of Perris in 2005 to prepare an AB 1600 Fee Justification Study. DTA recently partnered with the City to update the fee program to include non-residential as well as residential land uses based on projected future development for 2017-2040. The Park Fee Study has identified the additional public park and recreation facilities standard required by new development ("Future Park Standard"), thereby determining the amount of land needed to be acquired and improved by the City for additional parks to meet the needs of future residents and employees. DTA developed a database of park and recreational facilities costs to estimate the cost of the facilities required by the City. The firm also used its subscription CoStar database to determine current levels of development for different land use types. DTA made changes to the Study based on specific input from the Planning Department and the Deputy City Manager. City Council is expected to adopt fees to fund 5.0 acres of improved parks for every 1,000 new residents generated by new development. DAVID TAUSSIG �J F% & ASSOCIATES SECTION 1 ■ EXPERTISE AND EXPERIENCE CITY OF PALO ALTO, CA CLIENT PROJECT LOCATION: Palo Alto, CA City of Palo Alto Ms. Nancy Nagel Senior Management Analyst Administrative Services 250 Hamilton Ave Palo Alto, CA 94301 Phone: (650) 329-2223 Nancy. Nagel@cityofpaloalto.org t SCOPE OF WORK ■ Projections of future population, housing, and employment, in coordination with ABAG -- `' ■ Coordination with numerous City departments to identify needed facilities ■ Review of General Plan to identify needed facilities ■ Calculation of fee amounts for residential and non- residential land uses City of Palo Alto, CA ■ Documentation of all work and preparation of AB 1600 Fee Study ■ Preparation of CFD cashflows to mitigate gap funding PROJECT DESCRIPTION DTA recently completed a City-wide development impact fee update as part of a comprehensive review of fiscal strategies. DTA worked with over a half-dozen City Departments to develop a "fair share" method of apportioning all costs in this unique, largely built -out community. The purpose of the updated study was to recommend appropriate fee justification methodologies and fee levels, based on a legally supportable analysis of City-wide impact fees required for new residential and non- residential development within the City. DTA reviewed the City's impact fees levels against eight (8) peer communities, and ultimately created two (2) entirely new fees - Public Safety (fire, police, etc.) and General Government Facilities. The required impact fee levels were documented in a written report prepared pursuant to California Government Code 66000 (AB 1600). DTA further assisted with estimating costs, conducting demographic research, making presentations before the City Council, and benchmarking current and proposed fees against those of peer communities. DAVID TAUSSIG �J 111111% & ASSOCIATES SECTION 2 ■ PROPOSED STAFFING AND AVAILABILITY CITY OF SAN JACINTO, CA CLIENT PROJECT LOCATION: San Jacinto, CA ■ City of San JacintoMr. Rob Johnson City Manager 595 S. San Jacinto Ave. Building A San Jacinto, CA 92583 Phone: (951) 537-6354 RJohnson@sanjacintoca.us SCOPE OF WORK ■ Projections of future population, housing, and employment � ■ Coordination with the City to identify needed facilities of ♦ a a+ .+C'r ■ Review of master plan to identify facilities ■ Calculation of fee amounts for residential and non- residential land uses ■ Determination of appropriate level of service Estudillo Heritage Park Water Conservation Education Garden, San Jacinto, CA ■ Documentation of all work and preparation of AB 1600 Fee Study PROJECT DESCRIPTION AND FINAL OUTCOME DTA is currently updating the City of San Jacinto's mitigation fee program and AB 1600 Fee Justification Study. The purpose of this study is to identify the public facilities and community amenities needed to serve future development in the City at build -out per the City's General Plan Update. Public facilities in the areas of transportation, public safety, water, sewer, library, recreation and traffic control required by new development were identified. Additionally, the level of fees that need to be imposed to finance the expansion or creation of these facilities to adequately serve projected future development in the City were identified. DTA also successfully completed the formation of a Mello -Roos Community Facilities District to finance police and fire protection services, as well as an Assessment District to finance street maintenance. 1J 1%DAVID TAUSSIG & ASSOCIATES 10 SECTION 2 ■ PROPOSED STAFFING AND AVAILABILITY 2. DTA STAFFING FOR CITY OF CHINO HILLS ENGAGEMENT �V DTA has assembled a project team with the breadth of experience needed to assist the City in the preparation of an updated impactfee study. David Taussig, CEO/President, will serve as Principal - in -Charge of DTA's project team and will handle primary account responsibilities for this engagement. Mr. Taussig will attend meetings as necessary and supervise all project staff. Nathan Perez, Esq., a DTA Managing Director, will be responsible for legal reviews of DTA's work product. Mr. Perez is intimately familiar with case law on both a State and Federal level regarding the California Mitigation Fee Act and other nexus issues, and is an important component of the DTA Team. Steve Runk, P.E., a DTA Vice President, will provide engineering expertise, assist in the selection of facilities to be included on the Facilities Needs List, prepare and/or review facilities cost estimates, and contribute to the apportionment analysis for specific facilities that are to be included in the fee program. Tara Nathan, Senior Analyst, will be involved in the ongoing execution and completion of the entire work plan - matching DTA's work and deliverables with the City's needs and objectives. She will be responsible for data collection efforts and the development of our technical model, providing analysis, reviewing progress and work products with City staff and stakeholders, presenting fee evaluation findings at project meetings, and finalizing the fee evaluation report. DTA has an enviable reputation for producing high quality work in a quick and efficient manner to correspond with even the most aggressive project schedule. Our clients also receive high levels of personal attention from senior staff, with a President or senior manager always available to meet with public agency staff and other groups. The qualifications and experience of the key personnel to be utilized by DTA on this engagement are listed below: DAVID TAUSSIG President I dtadavid@taussia.com Project Role - Principal -in -Charge Mr. Taussig has over 40 years of experience in the fields of real estate finance and urban economics. His areas of expertise include municipal finance programs for infrastructure and public facilities development, fiscal and redevelopment impact analysis, and land development project feasibility studies. Mr. Taussig has an extensive background in computerized financial analysis. Since founding DTA in 1985, Mr. Taussig has developed a number of state-of-the-art analytical methods and modeling approaches, as well as personally directed the formation of more than 1,000 public financing districts, and the subsequent sale of tax-exempt municipal bonds. These districts have funded public infrastructure and services for a variety of types of residential and non-residential development, and have included several hundred master planned communities built throughout California, as well as in several other western states. Mr. Taussig's work has involved both the preparation and implementation of financing plans, and his public sector clients have included virtually every major urban county and city within California, as well as hundreds of special J 1%DAVID TAUSSIG & ASSOCIATES 11 SECTION 2 ■ PROPOSED STAFFING AND AVAILABILITY districts. He has provided similar consulting services to many of the largest land development firms in the State. The financing programs implemented by Mr. Taussig have ranged from land - secured Community Facilities Districts to redevelopment tax -increment programs and lease revenue -based Certificates of Participation. He is also responsible for DTA's successful efforts related to funding opportunities under the American Recovery and Reinvestment Act and various tax credit programs. Mr. Taussig has also overseen the preparation of numerous feasibility and impact studies involving the computerized analysis of project cash -flows and/or impacts on public agencies and landowners. He has assumed project management responsibilities for over 100 AB 1600 Development Fee Justification Studies, including recent studies prepared on behalf of the cities of Blythe, Chino Hills, Coachella, Live Oak, Paso Robles, Pasadena, Perris, Red Bluff, San Luis Obispo, Torrance and Tustin, as well as the Counties of Colusa and San Bernardino. He has also been responsible for the preparation of over 100 fiscal impact studies utilized by public agencies to determine the impact of new development or annexations on a municipality. Prior to establishing his own firm, Mr. Taussig was Director of Finance for Gfeller Development Company, where he was responsible for all take-out and construction financingfor the Company's residential projects and infrastructure. He also prepared development project pro formas that were used by prospective lenders and joint venture partners to evaluate the Company's proposed projects. Mr. Taussig was previously employed for six years by Mission Viejo Company (MVC) where, as Manager of Housing and Community Development, he was involved in the planning and financing of two planned communities encompassing over 50,000 homes. Mr. Taussig was responsible for a substantial portion of MVC's mortgage financing and infrastructure financing during that period. He also worked for five years in the public sector as the administrator of a federal housing and community development program, and as a land -use planner. Mr. Taussig's educational background includes a Master's in City Planning from the University of California at Berkeley and a B.A. in Economics from Cornell University. He received full certification from the American Institute of Certified Planners in 1982, and he is a Registered Investment Advisor. Mr. Taussig is also a member of the national Urban Land Institute's Public Private Partnership Council. Mr. Taussig is a registered Municipal Advisor with the SEC/MSRB. NATHAN PEREZ, ESQ. Managing Director I nperez@taussig.com Project Role - Legal Review Mr. Perez has a background in law, economics, business administration, and statistical analysis. Since joining DTA, Mr. Perez has been involved in all aspects of the formation and implementation of numerous Mello -Roos Community Facilities Districts located throughout California, with responsibilities related to the development of tax spread proforma analyses and the preparation of rate and method of apportionments, Public Reports, and overlapping debt analyses. Mr. Perez also has extensive expertise in the preparation, peer -review, and defense of development impact fee studies. This includes considerable work related to the preparation of facilities needs lists and the apportionment of infrastructure and services costs to a variety of land uses based on benefit criteria. He has also specialized in the apportionment of costs and the setting of service levels for the construction and maintenance of law enforcement and fire 1% D ID TAUSSIG 12 & ASSOCIATES Public Finance and Urban Economics SECTION 2 ■ PROPOSED STAFFING AND AVAILABILITY protection facilities, open space acquisition, parkland, transportation facilities, drainage facilities, government services facilities, community centers, and library facilities. Finally, his experience as an attorney has allowed Mr. Perez to effectively and efficiently evaluate dozens of state and Federal legal, regulatory, and administrative frameworks related to nexus -based financing of public facilities. Mr. Perez' recent work on development impact fee studies has included engagements for the cities of Escalon, Firebaugh, Goleta, Kingsburg, Palo Alto, Pasadena, Paso Robles, Reedley, Rialto, San Jacinto, San Luis Obispo, and the Kings, San Bernardino, and Yuba, Mr. Perez has also completed nearly 100 fiscal impact reports and 50 economic development analyses for a variety of residential, commercial, and mixed-use developments throughout California, New Mexico, Washington, and Texas. Prior to joining DTA, Mr. Perez worked for the Boston office of an international law firm, where he advised sponsors, managers, and investors on the tax aspects of fund formation and investment. Mr. Perez is admitted to the bar in both Massachusetts and California. Mr. Perez received his law degree from Harvard Law School, and his B.A. in Economics and History, with highest distinction, from the University of North Carolina at Chapel Hill. Mr. Perez is an active member of the Urban Land Institute, the California Bar Association, and the Hispanic National Bar Association. Mr. Perez is a registered Municipal Advisor with the SEC/MSRB. STEVE RUNK, PE Vice President, Engineering Services I srunk@taussig.com Project Role - Engineer Mr. Runk has more than 40 years of experience in the design and construction management of major civil engineering projects, including roadways, bridges, sewer and water improvements, and flood control facilities, as well as grading for public works projects and the construction of commercial and industrial buildings. Mr. Runk's specific responsibilities for DTA related to public improvement projects have included quality control, specifications, estimates, construction bid packages, construction coordination and construction management, cost analysis and control, schedu andling, manpower forecasting, staffing and marketing. He has also assisted public agencies wdevelopers in the procurement of fund ingfrom Caltrans and other federal and state agencies. e Mr. Runk has a proven track record of meeting schedules and adhering to budgets. Since joining DTA in 2000, he has worked with local agencies to resolve community issues and to negotiate scope changes with contractors to ensure the timely and satisfactory completion of construction projects. He has also acted as project manager for the establishment of Assessment Districts and the preparation of numerous AB 1600 Development Fee Justification Studies. Mr. Runk has provided engineering services for nearly all of the AB 1600 studies listed in Section 1 of this proposal. Mr. Runk specializes in preparing assessment apportionment formulas and fee studies for roads and storm drains, as well as water and wastewater facilities. Prior to joining David Taussig & Associates, Mr. Runk, as Senior Construction Manager for Holmes & Narver, Inc., successfully completed the construction of SR -41 Freeway in Fresno County, which was the County's first Measure "C" sales tax funded freeway. Prior to this project, Mr. Runk successfully completed SR -71 Freeway in Chino/Chino Hills, Calif. This $98 million project was the first Measure "M" sales tax funded project for the San Bernardino Association of Governments. Mr. Runk's responsibilities on both of these projects included contract management, quality control, public relations, cash flow analysis, project closeout and compliance with Federal and State funding requirements. J 1%DAVID &ASSOCIATES Public Finance and Urban Economics SECTION 2 ■ PROPOSED STAFFING AND AVAILABILITY Previously, Mr. Runk held positions with various public and private engineering entities in which he delivered projects requiring a wide variety of engineering expertise. He holds a B.S. in Engineering from the University of California at Los Angeles and a M.S. in Civil Engineering from California State University at Long Beach. Mr. Runk is a registered Civil Engineer in the States of California and Washington. TARA NATHAN Senior Analyst I tnathan@taussig.com Project Role - Analyst Since joining DTA in 2016, Ms. Tara Nathan has development impact fee studies. Her experience facilities and transportation infrastructure costing, various land use types based on benefit criteria. been actively involved in the preparation of includes the areas of parks and recreation and the apportionment of these costs over In addition to working on impact fee reports, Ms. Nathan has been assisting senior staff at DTA in the administration of Community Facilities Districts ("CFDs") in California and Public Improvement Districts ("PIDs") in New Mexico and Texas. In this role, Ms. Nathan has prepared Rates and Methods of Apportionment, CFD Reports, Continuing Disclosure Reports, Service and Assessment Plan ("SAP") Updates, and other documents related to the annual levying of a special tax or assessment. She also has experience in the preparation of Fiscal and Economic Impact Reports. Ms. Nathan graduated from the University of California, Irvine with a Master of Professional Accountancy and Master of Business Administration. She received her Bachelor and Master of Arts in English Literature from Stanford University. JXDAVID & ASSOCIATES Public. Finance and urban Economics SECTION 3 ■ UNDERSTANDING AND APPROACH 3. SCOPE OF WORK FOR DEVELOPMENT IMPACT FEE STUDY A. DTA'S APPROACH TO EVALUATING AND UPDATING CITY'S TRAFFIC, WATER, SEWER, STORM DRAIN AND GENERAL CITY FACILITIES FEE PROGRAMS It is DTA's understanding that the City is requesting an evaluation of its current fee programs for traffic, water, sewer, storm drain, and general city facilities (collectively referred to hereinafter as the "Fee Programs"). The purpose of this evaluation ("Fee Evaluation") is to determine whether the revenues being collected by the City are adequate to fund the outstanding facilities listed on the Needs List included in the City's original 1998 Public Facilities Implementation Plan ("PFIP"). Phase 1 of this Fee Evaluation will constitute an update of a previous evaluation of four of these five Fee Programs prepared by Keyser Marston and Associates in April 2014 (the "KMA Evaluation"). The only Fee Program not previously included in the KMA Evaluation was the program intended to fund general city facilities. Phase 2 of this Fee Evaluation, if requested by the City, will consist of the preparation of a Five -Year Report, as mandated by Section 66001(d) of the California Government Code. In this Five -Year Report, DTA will specifically analyze whether excess revenues have been collected by the City under any of the five Fee Programs and will make the statutory findings called for under Section 66001(d) either to support the retention of these fees and their continued imposition on future development, or to return all or a portion of these fees to current property owners if the fees collected are found to exceed the current cost of outstanding Needs List improvements. Phase 1: DTA will analyze all of the revenue sources available to fund the City's outstanding Needs List facilities, including unexpended fees collected to date and available within each Fee Program (e.g., existing fund balances), fees anticipated to be collected based on current development projections for the City through Fiscal Year 2026-27, and other documentable funding sources. This work will require DTA to coordinate with the City's Community Development Department staff to determine appropriate development projections for the City. DTA will also coordinate with the City's Finance Department to determine the existing funding from the Fee Programs and other revenue sources to finance the outstanding facilities on the original Needs Lists. Finally, DTA's Vice President of Engineering Services will work with the City's Public Works Departmentstaffto update the costs of outstanding Needs Listfacilities; this approach will enable the City to evaluate if the City's Fee Programs generate sufficient revenues to cover its share of these updated costs. Through this process, DTA will identify any shortfalls in projected fee revenues and determine potential increases in fee levels warranted at the current time. Notably, if increases are recommended, DTA will not be preparing a comprehensive revised City Fee Study with all of the required findings tojustify the new fee levels, as required by Section 66000 et seq. of the Government Code. If the City decides to move forward with these higher fees, an AB 1600 - compliant study can be prepared by DTA under a separate Scope of Work. �. Phase 2: )As noted previously, if requested by the City, DTA will prepare a Five -Year Report to (t,; deter-mine whether an excessive amount of fees has been collected in any of the Fee Programs once the new costs of Needs List facilities have been determined. DTA will make the findings necessary either to retain those fee revenues that are not in excess of projected Needs List costs, or to return to property owners collected fee revenues that are not necessary to fund the Needs List facilities. %DAVID TAUSSIG 15 & ASSOCIATES Public Finance and Urban Economics SECTION 3 ■ UNDERSTANDING AND APPROACH B. DTA'S SPECIFIC APPROACH TO THE CITY OF CHINO HILLS FEE EVALUATION With respect to the City's Fee Program evaluation, DTA would provide all-inclusive professional and technical assistance to the City under Phase 1 in the Scope of Work to (1) develop a conceptual project scope and review the existing Fee Program, Needs List, and applicable sections of the City municipal code; (2) prepare a comprehensive update of City land use projections; (3) review original Needs List facilities costs; (4) review the City's fee expenditures to - date, as well as funds on hand in each Fee Program, and project fee revenues to be generated by Fiscal Year 2026-27 based on anticipated development in the City; (5) calculate and recommend higher fee levels, if appropriate, to fully fund outstanding Needs List facilities for those Fee Programs anticipated to experience shortfalls; (6) document in a written report ("Report") any projected shortfalls in fee revenues as compared with the cost of building the outstanding facilities on the original Needs List; and (7) attend meetings with City staff, stakeholders, and/or City Council to obtain input and present the interim status of the Fee Evaluation, as well as the final Report. DTA's Report would summarize the analysis, assumptions, and conclusions of our firm's evaluation of the fee programs' ability to pay for the remaining facilities included in the original 1998 PFIP. Then, if requested by City, DTA will (8) prepare a Five -Year Report under Phase 2 justifying the retention of unexpended fee revenues currently held by the City, and recommending the return to current property owners of those excess funds not needed to fund Needs List facilities. In completing its analysis, DTA will partner with the City to evaluate and update existing fees and/or other potential impact fees under the five following Fee Programs: i. Traffic As part of the City's recent Traffic Impact Fee Evaluation, DTA shall review facilities needs lists and traffic projections from the City to mitigate the impact of traffic from new development on the larger transportation system. If selected as the City's Consultant for the Fee Evaluation project, DTA will apply the knowledge our team has gained regarding the City's specific traffic circulation, safety infrastructure, and traffic control needs. In demonstrating the updated fee program's ability to pay for remaining traffic infrastructure, DTA will incorporate into the report the list of transportation facilities needs discussed in the nexus study, including the Pine Avenue Extension as well as a variety of intersection and roadway improvements (e.g., signalization, restriping) throughout the City. ii. Water DTA shall review the City's existing plans (e.g., the Urban Water Management Plan ("UWMP")) along with rates and revenue structures associated with water services and water conservation mechanisms. We will take into account the effects of current and future water regulations. We will also examine the existing fee program's ability to finance current and proposed capital improvement projects, and consider funding for facilities that are deemed necessary to attain an appropriate service level for the community given projected population growth. iii. Sewer DTA shall review the existing Sewer Master Plan, Sewer System Management Plan ("SSMP"), and rates associated with sewer services. Also, DTA will conduct a detailed review of the existing wastewater revenue structure, the status of the wastewater funds, and infrastructure investments to improve water quality. DTA will review all DAVID 9% & ASSOCIATES Public Einanco and Urban Economics SECTION 3 ■ UNDERSTANDING AND APPROACH applicable legislation, including the Municipal Code. We will take into account the effects of current and future wastewater regulations. In addition, DTA will review and coordinate with the City regarding any policies or ordinances that would impact the rate structure and development impact fee program. iv. Storm Drain DTA will incorporate into the fee evaluation study the storm drain facilities identified by the City as being necessary to serve new development within the planning areas. Our Project Team will gather facilities needs lists from the City Public Works Department for capital improvements (e.g., channel widening projects) related to drainage and flood control, and assess the currentfee program's ability to finance the construction of these facilities. V. General City Facilities DTA will gather facilities needs lists from the City for capital improvements related to public administration and general city facilities. We will incorporate into the fee evaluation study the improvements identified by the City as being necessary to serve new development within the planning areas. C. PROPOSED WORK PLAN Since its establishment in 1985, DTA has been atthe forefront of establishing innovative solutions and methodologies for our clients. Having prepared numerous AB 1600 fee studies since the adoption of this legislation by the State, DTA has pioneered many of the industry's techniques and standards. While some of our competitors have attempted to use our work methodology, they have often been unable to modify our methodology to account for the unique circumstances that impact a particular situation. Today, DTA continues to seek innovative solutions and refine our work product to better serve and protect our clients. DTA's experience gives us the ability to analyze a client's needs and match those needs with specific financing mechanisms to maximize the capacity of a financing program while minimizing burdens on property owners. The variety of financing structures for which we have provided our services have given us a perspective and level of experience that is unique to our industry. DTA's financial consulting services and work products reflect the scrutiny and refinement that can only come through such extensive experience. This experience can be crucial in identifying and resolving issues and helping our clients avoid the pitfalls we have seen cause problems for other municipalities. The Scope of Work listed below has been devised to include all tasks necessary to evaluate and update the City's current fee program so that it continues to comply with California Government Code Section 66000 et seq. in concert with the jurisprudence developed by various Federal District and State Courts. DTA's General Counsel regularly reviews state and federal legal and administrative opinions, regulations, and statutes that might affect or modify Development Impact Fee Nexus Studies in California. DTA shall undertake the following tasks in preparing the Fee Evaluation: 1 DAVID J FS & ASSOCIATES Public Finance and Urban Economics SECTION 3 ■ UNDERSTANDING AND APPROACH PHASE 1 DTA staff will meet with City staff in a project kick-off meeting to finalize the details of the project, deliverables, timetables, and tasks; discuss the fee methodologies and best practices; identify needed information (i.e., reports, project/needs lists, stakeholder groups, data, etc.); prepare the final schedule; discuss the public process; and resolve other concerns as appropriate. DTA will compile and document existing and future population and development estimates for the City. The projections resulting from this task will ultimately be used to calculate appropriate fee levels to satisfy the original Needs List, based on current cost estimates for the facilities on the Needs List. At this stage DTA would evaluate City resources, influences, and all factors affecting the existing Study, and the various current and proposed/new fees. This task comprises four subtasks: Subtask 2(A) - Population Projections DTA will gather existing information on present and future population for the City from various sources, including City Staff, the General Plan, existing Master Plans, the U.S. Census, the State Department of Finance, and other data sources, includingthe City's Capital Improvement Program ("CIP") and Public Facilities Implementation Plan ("PFIP"). Subtask 2(B) - Conduct Entitlement Research and Projections DTA will coordinate with the City Planning Department to determine existing and future residential and non-residential development within the City over the planning horizon (e.g., Fiscal Year 2026- 27). To complete this subtask, DTA will: Review the General Plan/CIP and related plans to determine expected development land use patterns in the City. Review City records to identify existing entitlements for dwelling units and commercial/industrial development. Project the number of new dwelling units and commercial/industrial development based on existing entitlements and on population projections through Fiscal Year 2026-27, or such other target year as selected by City staff. Subtask 2(C) - Review Current City Fee Structure DTA shall review and summarize the City's current development fee structures, current policies and procedures, and other regulatory requirements affecting potential fee structures and revenue program requirements. Subtask 2(D) - Review Prior City Fee Justification Studies DTA shall review the approach and methodology utilized in prior City fee justification studies so that they can be evaluated in light of the City's current needs. TASK No. 3 - REVIEw FACILITY/ CAPITAL NEEDS COSTS (WEEKS This task entails an update of the facility and capital needs required to serve the new development in the study area projected in Task 2. DTA will use existing City materials (and any relevant developers' facilities reports) as base documents and focus on updating this information. DAVID PM & ASSOCIATES Public Finance and Urban Economics SECTION 3 ■ UNDERSTANDING AND APPROACH Subtask 3(A) - Survey/Interview City Staff DTA shall survey/interview City staff to review outstanding facilities remaining on the City's original Needs List, the timing at which improvements will be needed, and any physical data that would assist in developing the costs estimated below in Subtask 3(C). Subtask 3(B) - Facilities List Based on the information collected in Subtask 3(A), DTA shall work with the City staff to confirm a continuing need for the outstanding facilities remaining on the City's original Needs List. Subtask 3(C - Review Cost Estimates DTA's engineering and technical staff will, as necessary, engage in the following tasks: consult with City department heads and/or engineering staff or equivalent to ascertain and understand in-house cost data for original Needs Listfacilities and equipment; apply appropriate inflation and cost of living escalators to the list of original Needs List facilities to determine future costs; review and/or refine existing cost data and examine major sources of revenue to fund construction of original Needs List facilities; and provide a proportional estimate between projected costs for new facilities and projected revenue from mitigation fees and other sources. This task entails calculating whether the fee amounts based upon the dwelling unit and commercial/industrial development projections completed in Task No. 2, will cover the facilities needs and costs determined in Task No. 3. Subtask 4(A) - Calculate Estimated Fee Revenues DTA shall calculate the fee revenues for the City by inputting the demographic projections and needs list data compiled under the preceding tasks, and computing the amount of revenue from each fee to be levied. This work will be done in a spreadsheet format, which can be updated annually. Subtask 4(B) - Document Fee Evaluation DTA shall document the methodology utilized for the fee calculation/evaluation model in a Report to be presented to the City. DTA shall prepare written explanations of each of these calculations. Deliverable: Memorandum listing recommended fee levels aD-dsup.porting documentation. This task entails calculating new fee levels for those Fee Programs that were found to generate a shortfall of funding under Task No. 4. DTA will recommend a fee expenditure plan to ensure that projects can be fully funded and implemented within any required time limits for expenditures of such funds, as well as possible flexibility to allow collected fees to be used to provide the City match for grant applications and other revenue sources._ TASK No. 6 -PREPARE DRAFT AND FINAL REPORTS (WEEKS 10-20 f" This task entails preparation of the Fee Evaluation Report for consideration by City staff and the City Council. The Report shall be in a format acceptable to the City and shall include preliminary and draft versions, as necessary, to meet the City's requirements. ', �DAVID TAUSSIG & ASSOCIATES 19 SECTION 3 ■ UNDERSTANDING AND APPROACH Subtask 6(A) - Prepare Draft Report for Comments Based on the work completed in Task Nos. 1 through 5, DTA will prepare the Draft Report for review and consideration by City staff. The report is expected to include the following: ■ Executive Summary ■ Population Projections ■ List of Outstanding Facilities and Current Costs from City's original Needs List ■ Fee Revenue Calculations ■ Recommended Fee Levels if Revenue Shortfalls Exist in one or more Fee Programs Subtask 6(B) - Prepare Final Report Based on the incorporation of City staff comments and concerns on the Draft Report, DTA will prepare the Report for presentation to the City Council and City staff. Deliverable: Draft and Final Report This task entails attendance at two (2) additional meetings/workshops beyond the kick-off meeting, including meetings with City staff, stakeholders, and/or the City Council to obtain input and presentthe interim status of the Fee Evaluation, as well as the final Report. DTA shall prepare presentations and handouts for these meetings to better educate presentation attendees. Additional meetings beyond these two meetings may also be held, but may require additional budget. PHASE 2 If requested by City staff, DTA shall prepare a report -to -assist the City in meeting the five-year disclosure requirements of Section 66001(d) of the California Government Code. DAVID J P% & ASSOCIATES Public Finance and Urban Economics SECTION 4 ■ RESOURCE ALLOCATION The following table sets forth the estimated number of hours to be spent by DTA in performing each of the tasks listed in Section 3 above. In accordance with the RFP requirements, DTA has provided a list of total "Not -to -Exceed" fees as well as a professional services hourly rate schedule. President/MD 4 $275 $1,100 Task #1: Develop Project Vice 2 $250 $500 Strategy & Hold Kick -Off President/Engineering Meeting Senior Associate 0 $180 $0 Senior Analyst 6 $150 $900 President/MD 2 $275 $550 Task #2: Develop Population Vice 4 $250 $1,000 President/Engineering and Development Projections Senior Associate 1 $180 $180 Senior Analyst 11 $150 $1,650 President/MD 6 $275 $1,650 Task #3: Review Facility/ Vice 8 $250 $2,000 President/Engineering Capital Needs Costs Senior Associate 8 $180 $1,440 Senior Analyst 1 14 1 $150 1 $2,100 President/MD 2 $275 $550 Task #4: Determine Fee Levels' Vice President/Engineering 4 $250 $1,000 Ability to Cover Project Costs Senior Associate 4 $180 $720 Senior Analyst 10 $150 $1,500 President/MD 2 $275 $550 Task #5: Calculate New Fee Vice President/Engineering 2 $250 $500 Amounts (if necessary) Senior Associate 8 $180 $1,440 Senior Analyst 8 $150 $1,200 TOTAL• TO EXCEED TASK 5 20 .•• �, I%DAVID TAUSSIG 21 & ASSOCIATES SECTION 4 ■ RESOURCE ALLOCATION DAVID TAUSSIG �� & ASSOCIATES 22 J President/MD 8 $275 $2,200 Task #6: Prepare Draft and Vice President/Engineering 5 $250 $1,250 Final Reports Senior Associate 4 $180 $720 Senior Analyst 1 18 1 $150 1 $2,700 • • TO EXCEED .: • President/MD 8 $275 $2,200 Task #7: Attend Two (2) Vice President/Engineering 14 $250 $3,500 Additional Meetings Senior Associate 0 $180 $0 Senior Analyst 16 $150 $2,400 TOTAL• TO EXCEED $8,100 President/MD 32 $275 $8,800 TOTAL NOT TO EXCEED ALL TASKS Vice 39 $250 $9,750 *TASK 1 to 7* President/Engineering Senior Associate 25 $180 $4,500 Senior Analyst 83 $150 $12,450 Total•- DAVID TAUSSIG �� & ASSOCIATES 22 J SECTION 4 ■ RESOURCE ALLOCATION The total fees associated with the Scope of Work for Tasks 1-7 shall be time and materials, not to exceed $35,500. The total fees associated with the Scope of Work for Task 8 (optional) shall be time and materials, not to exceed $10,000. For your reference, DTA's hourly rate schedule is provided in the table below. President/Managing Director $275/Hour Vice President/ Vice President -Engineering $250/Hour Senior Associate $180/Hour Associate $165/Hour Senior Analyst $150/Hour Analyst $135/Hour Research Assistant $100/Hour In addition to fees for services, the City shall reimburse DTA for out-of-pocket and administrative expenses by paying a charge equal to 3% of DTA's monthly billings for labor, plus clerical time at $75 per hour, travel costs, and any outside vendor payments, not to exceed $2,500. Fees for services shall be charged at the completion of each of the seven tasks listed in the Scope of Work and in the Payment Schedule. Any additional tasks not listed in the Scope of Work that have been assigned by the City shall be charged at the hourly rates listed above. Additional meetings (over the kick- off meeting and two (2) other meetings included in the base rate) shall be charged at the rate of $2,500 per meeting. Legal Defense & Annual Updating (Optional) As a licensed attorney in California, DTA's_in7:houae counsel for this engagement, Nathan Perez, Esq., is uniquely situated to efficiently and affordably review legal challenges to the City's fees and assessments. Other DTA senior staff is well -versed in current Impact Fee and Prop 218 law and all DTA staffers are experienced in receiving and responding to property owner calls and inquiries. Through comprehensive, considerate explanations, DTA can nearly always resolve complaints on or shortly after the first inquiry. Should a legal challenge be mounted, however, Mr. Perez and other DTA staff will (i) coordinate with City legal counsel, (ii) turn over and explain all work -product, (iii) immediately respond to all information DAVID TAUSSIG �, & ASSOCIATES 23 SECTION 4 ■ RESOURCE ALLOCATION requests, (iv) assist the City in researching and responding to the challenge, and (v) as necessary, provide a list of comparable districts engaging in comparable practices. These efforts, along with any services required for Annual Updating (or other ancillary tasks), will be billed at the hourly rates noted above. Limitations The labor costs in the table above include attendance at three (3) formal meetings with City staff, stakeholders, and the City Council. Attendance at more than three (3) meetings, detailed written responses to resolve disputes, or preparation of more than one set of major revisions to the draft report will be classified as Additional Work and may require additional billing at hourly rates identified in the table above if the maximum fee levels have been exceeded. Other examples of Additional Work shall include the following: 0 Additional analyses based on revised assumptions requested by the City, including (a) possible changes in Facilities Needs List, infrastructure costs, population projections, and related data once preparation of the draft administrative report has been initiated, and (b) adjustments to assumptions once the draft administrative report has been approved. 0 Preparation of a complete Master Facilities Plan for the City without significant input from City staff, including existing lists of improvements to be included on the Needs List. 0 Negotiations with stakeholders once the Report has been prepared. 0 Actual implementation of fee programs. 0 Reproduction of over five (5) bound copies of the Report. All hourly rates for services apply for a 12 -month period from execution of the agreement and are subject to a cost -of -living increase every 12 months. On or about the first two weeks of each month during which Consulting Services are rendered, DTA shall present to the City an invoice covering the current consulting services performed and the reimbursable expenses incurred. The maximum fees listed above assume the review and implementation of the Fee Program with a schedule between initiation of services and public outreach that is no longer than eight (8) months. 1 DAVID TAUSSIG ASSOCIATES , Public Finance and Urban Economics N O Y N � c � U > c N C� � N � O E O (ll Ocu CO a N O Ln ,-i c N CL O O L O � o c W o a } O c O Q� U c O UFD a > U a) "O — N O N Cll c � N O O O (� L ti0 C-0 O N O N c E '�•� N (a N Ca > a) > W O Cll -0 O LL. -O Cll W N (3.) Ln � N OU E U N Ca Oto Cll Y N a - L_ _0 O O LL - c > Q) O a) 4-1 � Q U U O O •L c � (ll N a E Cu / Q ., ± X Q p oz N co _� C) O a r ra UaN L > V) CU Ln .-. C- N U O U U c o � O T ) Z cl� Ca' >► 01 0 ra <0 ILnE c6 O O CL �+ 4 c Q ¢ c iL +� T3 C j O u \ N J N LLQ O Q < L O U Cll ( :3 C 3 m N o L d a O cn d C — U U- L. C Q) Z Q o > > o c � ,o o= 3 E Cll a NJ N 5 .� o 4J U Q � Q Q) LCL �� Q) Q) DU U a Q a Y N Ln ,o CO 12 10 til N Yx0 � c � U > c N C� � N E O (ll Ocu CO a N O O T cz U O c N CL O O L O � o c W o a } O c O Q� U c O UFD a > U a) "O — N Cll c � N O O UOU W (� L ti0 C-0 O N O N c E '�•� N (a N Ca > a) > W O Cll -0 Cll C6 LL. -O Cll W N (3.) � N OU E U N Ca Oto Cll N a - L_ _0 O O LL - c > VV) a) 4-1 � Q U U O O •L c � (ll N a E Cu / Q ., ± X Q p oz N co _� C) SECTION 6 ■ MANAGEMENT PLAN DTA will collaborate with various City departments, and communicate proactively with the City on a regular basis o ensure that we have the information we need -to voi exceeding the time and resources allocated for specific tasks. The fact that no sub -consultants would be involved in this project would further streamline communications, as the City would have a centralized point of contact at DTA (i.e., David Taussig, President). Specifically, DTA requests that the following information be provided by the City at no charge and in a timely manner so that the project does not extend beyond eight (8) months from authorization to proceed: 0 City's General Plan, any specific/master plans, development agreements, and data regarding existing entitlements. 0 To the extent available, detailed descriptions of the proposed public facilities, includingthe facility name and number of square feet, acres, etc. (for each type of facility). 0 Inventory of completed facilities within the City, including type, size, and location of facility. 0 Cost estimates for proposed facilities (DTA anticipates that the City's cost data and estimates will be reviewed by DTA staff and discussed with City staff). 0 Existing City Fee Ordinances and/or Resolutions. 0 Current Annual and Five -Year Reports per Government Code Sections 66006 and 66001. 0 Identification of any committed revenue sources pledged to fund proposed facilities. Accounting information for fees collected (i.e., fund balances, amount of fees collected and interest earned, amount of fees expended, timing of construction of public projects for which fees are collected, etc.). Detailed information regarding how the management of DTA team members will be handled, including a description of staff roles and responsibilities, is provided above in Section 2. DAVID J FS & ASSOCIATES Public Finance a1d lhban Economics SECTION 7 ■ QUALITY CONTROL DTA's dedication to Quality Control enables our firm to produce high quality work in a quick and efficient manner to correspond with even the most aggressive financing schedule. Our Quality Control program includes ongoing staff mentoring, training, and internal review processes. DTA senior staff take a hands- on approach to ensure accuracy, thoroughness, and timely delivery of our public finance consulting services. Our senior staff will continually provide guidance, oversight, and Quality Assurance checks throughout the duration of the City's project and for every project deliverable. The quality of DTA's services can be largely attributed to the high caliber of our staff. DTA has a staff of more than 70 employees, all of whom are directly involved solely in public finance. Staff members come from backgrounds in several fields, including land development, public administration, civil engineering, investment banking, economic consulting, redevelopment, law, and land -use planning. This diversity of experience and expertise allows DTA to meet a wide variety of challenges, both related to the actual work - product and to client management. All of DTA's personnel have considerable experience in computer- based financial analysis and modeling, which is a key component of the firm's consulting services. This approach ensures that the development of computer models utilized in the City's Fee Evaluation/Update will be in experienced hands. For detailed information on the qualifications of DTA's key personnel to be assigned to this project, including resumes, please refer to Section 2. �J 1%DAVID TAUSSIG & ASSOCIATES 27 SECTION 8 ■ INSURANCE DTA accepts the City's insurance requirements as stated in the RFP and in paragraph 15 of the sample Professional Services Agreement. A copy of our firm's insurance certificate is included below. DTA's exceptions to the indemnification requirements are provided in Section 10 of this proposal. ACO a CERTIFICATE OF LIABILITY INSURANCE IATE(MwoDrrrn 1�... ' 5/4/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require anendorsemem. A statement on this certificate does not confer rights to the artlficaro holder in Neu of such endomement(s), PRODUCER Southern California Insurance Brokerage 3333 Concours, Bldg 5 License 80177159 Ontario CA 91764 CONTACT Lisa Burrill NAVE: P"o'N, (909) 592-2213FAAX �.. 4w9lsos-o1a1 �REss:certificates@aocalinaurance.com INSURERxS7 AFFORDING COVERAGE NAICS INSURER A: Sentinel Ina. Co. LTD 11000 ANSUREO David Taussig t Asaociatea Inc., DBA: David Taussig 5000 Birch St. 86000 Lk ort Beach CA 92660 INSURERS California Auto Insurance Company INSURERC:National Union Fire Ina Co of 19445 INsuRERo Hartford Accident i Indemnity 22357 INsuRERE:Phiiadel. hia Indemnity Ins. Co. 18058 INSVITER F: COVERAGES CERTIFICATE NUMBER:17/18 GL t XS RENEWAL REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERM INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TEAM OR COND9TION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS TR TYPE OF NSURANCE AamDOL bum POLICY NUMBER P DDYYYYYI DANE OYYxrY UMrrS A X COMMERCALGENERAL LABBfry "ms vAw. a OCt'JR EACI.00:.JRRENCI= 2, 000, 000 11111i=11119. 11111 1110 TeTT.1 o- 1, 000, 000 MEDExPIArcra,aoa_wrc' 1 10,000 X Y 72 sea APS439 2/24/2017 2/24/2019 PEEISONAL aADY IrwRY 1 2,000,000 01:Nt AOOHLQATL UMHAPFVLS PEN: IZ�LICY' [E„ � ElLOO C1.NLRAL AOORLCAIt.. 1 4,000.000 P!.�DUC IS CCNRVP AQ: 1 4,000,000 1 OINEN AUTOMONLILMSILITY CCARDNECSINCA L LWIT ; 1,000,000 B X ANY AUTO ACL OWNtD SC++EDULEG AUTOS AL90S X Y EA0400D0G3o599 12/9/2016 12ig/200 BOnRy N.NRY, IOr POr• 6 I BODaINJURY rror as l! I NCNOY"EO HITIEDAUtOS ALIO5 PROPtnry m'mkGE 1 P,O.M. Unrs,O41LrN31 o3 1 1. 000, 000 UMIRELLALAa X Q�CJR LACM 00VJRRLI4CL. 1 2,000,000 AOCPESAIF 1 2.000,000 X E%CESS LIAR CIAILC-.MADE X Den RETI-44111INS I sau 096059379 2/241200 2/24/2018 D WORIEERS COMPENSATION AND EMPLOT1RS'IAeILtrY r N AtiY PRCRRETOR'PAWNI REXECUINL ❑ CF'd1_t RMIMNCR Dcau(107 (t0-AmaryIn NEn N: A Y 721r=C II12973 9/1/261C 9/1/2017 X PER On:. LW. . k. CAACCIDCNT 1 0 f L. C46EASE EA LApL7VLE 3 1.000,200 n ScRiPr A r,mr c� ptic CrIor 0PfRk1nQNS bpgY c431ASE rolccY carr s 1.000.000 E LIAR, GAINS NADP pasD1190090 11/1/2014 11/t/2017 $2,000,000 IPIAS, RMOACTIVC 03/01/91 42,000,000 OE4C111PT10N OF OPERATIONS : LOCATADNSVEHICLES MCORO ICI, —'-A`AaIAArAa Scro41i, mpr m 4axroe IE rrEwa g4co Ia r4GR4r4Si THE CITY OF CHINO HILLS, IT'S OFFICERS, OFFICIALS, .'u.EES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED. -A/I WITH PRIMARY WORDING AND WAIVER, AUTO A/I WITH PRIMARY WORDING AND WAIVER, W.C. WAIVER, G.L. AND W.C. 30 -DAY NOC ATTACHED. CERTIFICATE HOLDER CANCELLATION 01988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014x01) The ACORD name and logo are registar4ed marks of ACORD INS02S rv,-a n DAVID TAUSSIG J & ASSOCIATES 2s SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF CHINO HILLS THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ATTN: CITY CLERK ACCORDANCE WITH THE POLICY PROVISIONS. 14000 CITY CENTER DRIVE AUTHORIZED REPRESENTATIVE CHINO HILLS, CA 91709-4868 L Burrill, CISR//CERTsJ7c�.�_ ��Yw�. •,....-s-�", 01988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014x01) The ACORD name and logo are registar4ed marks of ACORD INS02S rv,-a n DAVID TAUSSIG J & ASSOCIATES 2s SECTION 10 ■ REVIEW OF PROFESSIONAL SERVICES AGREEMENT DTA has reviewed the copy of the City's Professional Services Agreement provided in the RFP. Our firm is willing to accept the terms of the agreement, with the following exceptions: Paragraph 11: OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall, become the sole property of City. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Notwithstanding the above, all computer financial models including without limitation compilations of formulas and spreadsheet models used or developed by the Consultant in performing its work are proprietary and shall remain property owned solely by the Consultant. Paragraph 14: INDEMNIFICATION. (a) Consultant represents it is skilled in the professional calling necessary to perform the services and duties agreed to hereunder by Consultant, and City relies upon the skills and knowledge of Consultant. Consultant shall perform such services and duties consistent with the standards generally recognized as being employed by professionals performing similar service in the State of California. (b) Consultant is an independent contractor and shall have no authority to bind City nor to create or incur any obligation on behalf of or liability against City, whether by contract of otherwise, unless such authority is expressly conferred under the agreement or is otherwise expressly conferred in writing by City. City, its elected and appointed officials, officers, agents, employees and volunteers (individually and collectively, "Indemnitees") shall have no liability to Consultant or to any other person for, and Consultant shall indemnify, defend, protect and hold harmless the Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever „a+, e including reasonable attorneys' fees and disbursements (collectively "Claims"), which the Indemnitees may suffer or incur or to which the Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of the negligent or wrongful acts or omissions of Consultant, its agents, officers, directors or employees, in performing any of the services under this agreement. If any action or proceeding is brought against the Indemnitees by reason of any of the matters against which Consultant has agreed to indemnify the Indemnitees as above provided, Consultant, upon notice from the CITY, shall defend the Indemnitees at Consultant's expense by counsel acceptable to the City. The IndemRitees Reed not have first paid any of the matters as to which the Indemnitees aFe entitled Vnmer to be so indemnified. The insurance required to be maintained by Consultant under paragraph 15 shall ensure Consultant's obligations under this paragraph 14(b), but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this paragraph 14(b) shall survive the expiration or earlier termination of this agreement. The Consultant's indemnification does not extend to Claims occurring as a result of the City's negligent or willful acts or omissions. U 1%DAVID TAUSSIG & ASSOCIATES 30 J Public Fi►iancc Public Private: Partnerships t 'rba►i l.;cc>ucmlics Clean l:ncr�,�' Bonds 5000 NI -ch Street, Suitc 6000 Ncwport lkacli, CA 02660 Phone: (800) 969-1382