HomeMy WebLinkAboutTOM BROHARD & ASSOCIATES - 2004-11-04 A.
SU ity Contracts Submittal to 9
City Clerk's Office C: T Y G
Hunt Be-ach, CA
C
To: City Clerk
1. Name of Contractor: Tom Brohard
2. Purpose of Contract: For Example:Audit Services or Mater Quality Testing Huntington Lake—Huntington Central Park
Circulation Element Administrative Services
3. Amount of Contract: $40,000
Copy of contract distributed to: The ORIGINAL insurance certificate/waiver sent to Risk
Management
Initiating Dept._
City Treasurer ORIGINAL bonds sent to Treasurer
CITY CLERK'S OFFICE USE ONLY:
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
TOM BROHARD AND ASSOCIATES FOR
CIRCULATION ELEMENT ADMINISTRATIVE SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of
Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY,
and TOM BROHARD AND ASSOCIATES, a California corporation hereinafter referred to as
"CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to administer contract services
to update the CITY Circulation Element; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service
contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
I. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A," which is
attached hereto and incorporated into this Agreement by this reference. These services shall sometimes
hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates Tom Brohard who shall represent it and be its sole
contact and agent in all consultations with CITY during the performance of this Agreement.
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement.
04agree/Brohard/10/15/04 I
3. TERM: TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence as soon as practicable after the execution of this Agreement by CITY (the "Commencement
Date"). This Agreement shall expire on August 30, 2007, unless sooner terminated as provided herein.
All services specified in Exhibit "A" shall be completed no later than two years from the
Commencement Date of this Agreement. These times may be extended with the written permission of
CITY. The time for performance of the identified in Exhibit "A" are generally to be shown in
Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing
by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees to pay
CONSULTANT on a time and materials basis at the rates specified in Exhibit "A," which is attached
hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to
exceed Forty Thousand Dollars ($40,000.00).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A" or changes
in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after
receiving written authorization from CITY. Additional compensation for such extra work shall be
allowed only if the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of page 7 of Exhibit "A'
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including, without
limitation, all original drawings, designs, reports, both field and office notices, calculations, computer
code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY,
04agree/Brohard/10/15/04 2
and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this
Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by
CITY as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY,
its officers, elected or appointed officials, employees, agents and volunteers from and against any and all
claims, damages, losses, expenses,judgments, demands and defense costs (including, without limitation,
costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in
connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance
of this Agreement or its failure to comply with any of its obligations contained in this Agreement by
CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the
active negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole
cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall
apply to all claims and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability insurance
policy covering the work performed by it hereunder. This policy shall provide coverage for
CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00)
per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured
retention, "deductible" or any other similar form of limitation on the required coverage except with the
express written consent of CITY. A claims-made policy shall be acceptable if the policy further
provides that:
A. The policy retroactive date coincides with or precedes the initiation of the scope
of work(including subsequent policies purchased as renewals or replacements).
04agree/Brohard/10/15/04 3
B. CONSULTANT shall notify CITY of circumstances or incidents that might give
rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during the required
extended period of coverage following PROJECT completion. If insurance is terminated for any reason,
CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report
claims arising from work performed in connection with this Agreement.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall furnish
to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing
insurance coverage as required by this Agreement; the certificate shall:
A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
C. promise that such policy shall not be canceled by either party, except after thirty
(30)days' prior written notice; however,ten(10)days' prior written notice in the
event of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force until the work
under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not derogate from
CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement.
CITY or its representative shall at all times have the right to demand the original or a copy of the policy
of insurance. CONSULTANT shall pay, in a prompt and timely manner,the premiums on the insurance
hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall
04agree/B rohard/10/15/04 4
secure at its own cost and expense, and be responsible for any and all payment of all taxes, social
security, state disability insurance compensation, unemployment compensation and other payroll
deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any,
in connection with the PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike manner.
CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and
whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be
made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event
of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option
of CITY, become its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not be
assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior
express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved
assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections
9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or material
produced as a result of this Agreement.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee in the
work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial
interest in this Agreement in violation of the applicable provisions of the California Government Code.
04agree/Brohard/10/15/04 5
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given either by
personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the
situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing
the same in the United States Postal Service, to the addresses specified below. CITY and
CONSULTANT may designate different addresses to which subsequent notices, certificates or other
communications will be sent by notifying the other party via personal delivery, a reputable overnight
carrier or U. S. certified mail-return receipt requested:
TO CITY: TO CONSULTANT:
City of Huntington Beach Tom Brohard
ATTN: Bob Stachelski Tom Brohard and Associates
2000 Main Street 81905 Mountain View Lane
Huntington Beach, CA 92648 La Quinta, CA 92253-7611
17. CONSENT
When CITY's consent/approval is required under this Agreement, its consent/approval
for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence
of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless in
writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive phrases at
the beginning of the various sections in this Agreement are merely descriptive and are included solely
for convenience of reference only and are not representative of matters included or excluded from such
provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect
the construction or interpretation of any provision of this Agreement.
04agree/Brohard/10/15/04 6
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a whole,
according to its fair meaning, and not strictly for or against any of the parties. If any provision of this
Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or
invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this
Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly
provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number
shall be deemed to include the other whenever the context so indicates or requires. Nothing contained
herein shall be construed so as to require the commission of any act contrary to law, and wherever there
is any conflict between any provision contained herein and any present or future statute, law, ordinance
or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the
provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent
necessary to bring it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared and
signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of
its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original
instrument as against any party who has signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of the United
States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside the scope
04agree/Brohard/10/15/04 7
of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach
City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not
be liable for payment of any legal services expenses incurred by CONSULTANT.
24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the terms
and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own
attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the
non-prevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive the
expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
27. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement freely and
voluntarily following extensive arm's length negotiation, and that each has had the opportunity to
consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree
that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been
made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement,
and that that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This
04agree/13rohard/10/15/04
Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the
subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or
in writing between the parties respecting the subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and
through their authorized officers q 20 q
TOM BROHARD AND ASSOCIATES, a CITY OF HUNTINGTON BEACH,
California corporation icipa corporation o he State of California
// /)IL-4
print name Director of Public Works
ITS: (circle one)Chairman reside ice President (Pursuant To HBMC§3.03.100)
AND
/ APPROVED AS TO FORM:
By:, G ��
City AttorAJy n �t4�/off
print name
ITS: (circle one Secretary Chief Financial Officer/Asst.
Secretary—Treasurer REVIEWED A PROVED:
ty Administrator
(only for contracts$50,000.00 and over)
04agreeBrohard/10/15/04 9
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
TOM BROHARD AND ASSOCIATES FOR
CIRCULATION ELEMENT ADMINISTRATIVE SERVICES
Table of Contents
1 Scope of Services.....................................................................................................1
2 City Staff Assistance................................................................................................2
3 Term; Time of Performance.....................................................................................2
4 Compensation ..........................................................................................................2
5 Extra Work...............................................................................................................2
6 Method of Payment..................................................................................................3
7 Disposition of Plans, Estimates and Other Documents ...........................................3
8 Hold Harmless .........................................................................................................3
9 Professional Liability Insurance.............................................................................4
10 Certificate of Insurance............................................................................................5
11 Independent Contractor............................................................................................6
12 Termination of Agreement.......................................................................................6
13 Assignment and Delegation......................................................................................6
14 Copyrights/Patents...................................................................................................7
15 City Employees and Officials..................................................................................7
16 Notices.........................................................................................7
17 Consent ....................................................................................................................8
18 Modification.............................................................................................................8
19 Section Headings .....................................................................................................8
20 Interpretation of this Agreement..............................................................................8
21 Duplicate Original....................................................................................................9
22 Immigration...............................................................................................................9
23 Legal Services Subcontracting Prohibited................................................................9
24 Attorney's Fees..........................................................................................................10
25 Survival.....................................................................................................................10
26 Governing Law.........................................................................................................10
27 Entirety......................................................................................................................10
CERTIFICATION OF
RESOLUTION
OF
THE BOARD OF DIRECTORS
OF
TOM BROHARD AND ASSOCIATES
The undersigned certifies that:
1. TOM BROHARD AND ASSOCIATES is a valid California corporation in good
standing.
2. Thomas W. Brohard is the President and Secretary of TOM BROHARD AND
ASSOCIATES.
3. That Thomas W. Brohard is authorized by the Board of Directors of TOM BROHARD
AND ASSOCIATES to execute any and all contracts of the corporation and by his signature bind
the corporation to the terms of said contracts.
Dated: October 27, 2000.
THOMAS W. BROHARD
President and Secretary
August 6, 2004 Tom Brohard and Associates
Mr. Robert Stachelski, Transportation Manager
City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
SUBJECT: Proposal and Qualifications for Circulation Element Update
Administrative Services
Dear Mr. Stachelski:
In response to your August 2, 2004 request, Tom Brohard and Associates is
pleased to submit this proposal to the City of Huntington Beach. From your
request and our previous discussions, we understand the City seeks assistance
from a consultant who will provide various administrative services associated with
updating the Circulation Element of the City's General Plan. As described
throughout this response, our qualifications for this assignment are truly unique.
This proposal describes our thorough understanding of various issues associated
with the City's present Circulation Element, having recently completed a detailed
review of this document for you. Our professional qualifications and unique
experience are demonstrated throughout this proposal, emphasizing several
similar assignments performed for the City of Huntington Beach. Our successful
administration of the West Orange County Rail Feasibility Study which used the
qualifications based consultant selection process has been highlighted as it is
most similar to the requested administrative services for the Circulation Element
Update. Additionally, our review of numerous environmental documents for various
proposed developments across California over the last four years also involved
review of the Circulation Element of several different local agencies, broadening
our understanding of the functions and the requirements of this document.
Understanding of the Background for this Assignment
Over the last several years, the City of Huntington Beach has identified several
internal inconsistencies within the Circulation Element of the City's General Plan.
While the City's Circulation Element of the General Plan must conform to the
Orange County Transportation Authority's Master Plan of Arterial Highways, there
are some differences. These inconsistencies create confusion for the City staff and
potentially place the City at risk for continuing to receive Measure M funds from
the Orange County Transportation Authority.
Various figures and charts within the Circulation Element are based upon the
Traffic Report for the Huntington Beach General Plan Update prepared in 1994.
j Since then, conditions and travel patterns have changed in certain areas of the
City and various improvement projects have been constructed. Other studies of
81905 Mountain View Lone,LaQuinta, Califonia 92253-7611
Phone(760)398-8885 Fax(760)398-8897
Email tbto ar4@earthlink.net
Mr. Robert Stachelski
Proposal for Circulation Element Update Administrative Services
August 6, 2004
future roadway and intersection needs have been prepared including the
Transportation System Needs Analysis 2000-2010 and the Santa Ana River
Crossings Study. Some inconsistencies exist among the current roadway system,
what is identified in these documents, and the City's Circulation Element.
Major high profile developments including the revitalization of the mail and new
projects including The Strand and Pacific City are in progress. These projects are
vital to the City's economy and sales tax base, and require significant amounts of
staff time. Additionally, various requests from the public must be addressed in a
timely manner, new development proposals must be reviewed, and various funded
capital improvement projects must be delivered. The City's small Transportation
Division staff must continue to address each of these and other continuing
assignments as well as the workload associated with updating the Circulation
Element of the General Plan. To supplement the existing staff, the City has
requested assistance to administer the selection of a consultant team to perform
the update of the Circulation Element of the General Plan.
Scope of Services for this Assignment
The City desires to retain a consultant to administer the updating of the Circulation
Element, separating this from the technical updating assignment that will be
performed by a team of consultants. Services associated with the administration of
the update involve various tasks and activities needed to initiate, direct, and
complete the work to be performed by the separate technical consulting team.
Your August 2, 2004 request included three major tasks as illustrations of the
services desired from the consultant who will administer the Circulation Element
Update. We have reviewed that listing and suggest several additional tasks as part
of the initial phase of the Circulation Element Update process. In addition, it will be
necessary to routinely discuss various issues and items with you during this
process. While some of these discussions can occur by telephone and while
documents can be transmitted electronically for review and comment, there will be
a number of meetings at City Hall needed during this assignment.
The following administrative tasks, services, and duties are proposed to assist the
City of Huntington Beach in updating the Circulation Element of the City's General
Plan and to provide other related services as may be requested:
1) Prepare Rectuest for Qualifications— Draft the Request for Qualifications for the
Circulation Element Update. To expedite this effort, it is recommended that the
April 2003 Draft Request for Proposals for the Traffic Model and Circulation
Element Update be used as a starting point. Following your review, the
Request for Qualifications will be modified as necessary and finalized.
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Mr. Robert Stachelsk►
Proposal for Circulation Element Update Administrative Services
August 6, 2004
2) Circulate Request for Qualifications — Develop a listing of transportation
consulting firms to receive the Request for Qualifications and review with you.
Assist in the distribution and circulation of the Request for Qualifications for the
technical services required to complete the Circulation Element update.
3) Participate in the Pre-proposal Meeting - Coordinate the pre-proposal meeting
with the technical consultants. Provide sign in sheets for the consultants.
Provide written responses to questions received from consultants.
4) Selection of Consulting Team — Assist staff in developing selection criteria and
weighting factors for scoring of the technical consulting team submittals.
Identify City staff members who will review the submittals. Coordinate the
reviews of the consulting team qualification submittals. Assist in the notification
of the selection results.
5) Develop Detailed Scope of Services — Work extensively with the selected
consulting team to develop a detailed scope of services, project schedule and
project budget.
6) Develop Professional Services Agreement — Work with the City Attorney's
office and staff to draft a professional services agreement for the assignment.
7) Prepare a Request for Council Action — Draft the Request for City Council
Action to award the technical consulting contract.
8) Provide Other Services As Requested — Assist City staff by providing other
traffic engineering and transportation planning services as may be requested.
It is understood the City intends to evaluate the need for additional administrative
services to oversee and direct the selected consultant team in the performance of
the Circulation Element Update. These additional administrative services over the
multi year Circulation Element Update may be performed by City staff, may require
a separate selection process, or may be amended into the contract for the initial
administrative services.
Qualifications of Key Personnel
Tom Brohard and Associates is pleased to offer the services of Mr. Tom Brohard,
PE, to personally provide the services identified within this proposal. Tom has
previously served as Interim Transportation Manager of the City of Huntington
Beach and is eager to serve the community again.
Since receiving a Bachelor of Science in Engineering from Duke University in
Durham, North Carolina in 1969, Tom has gained over 34 years of professional
engineering experience, all of which has occurred in California. He is licensed as
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t Mr. Robert S achelski
Proposal for Circulation Element Update Administrative Services
August 6, 2004
both a Professional Civil Engineer and as a Professional Traffic Engineer in
California. He formed Tom Brohard and Associates in 2000 and now serves "on
call" as Consulting Transportation Engineer for the City of San Fernando.
Tom has extensive experience in traffic engineering and transportation planning.
During his career in both the public and private sectors, Tom served as City Traffic
Engineer for the Cities of Bellflower, Bell Gardens, Huntington Beach, Lawndale,
Los Alamitos, Oceanside, Paramount, Rancho Palos Verdes, Rolling Hills, Rolling
Hills Estates, San Fernando, San Marcos, Santa Ana, and Westlake Village.
While serving these communities, he personally conducted hundreds of
investigations of citizen requests for the installation of various traffic control
devices. During these assignments, he successfully presented numerous traffic
engineering reports at City Council and Traffic Commission meetings.
For over four years until July 2002, Tom served as Interim Transportation Manager
and as Consulting Transportation Engineer for the City of Huntington Beach. While
serving the community, Tom pursued many opportunities for outside grant funding
and successfully obtained over $2.7 million for various projects including:
❖ $500,000 of Federal Hazard Elimination Safety funds for the installation of
raised pavement markers on striping to improve delineation on City streets.
❖ $800,000 of Federal Hazard Elimination Safety funds for the modification of
nine traffic signals to provide protected left turn phasing to improve safety.
❖ $300,000 of Califomia Energy Commission funds for installation of battery back
up units at over 100 of the City's traffic signals.
❖ $600,000 of Measure M funds from the Orange County Transportation
Authority to upgrade 70 traffic signal controllers to improve traffic flow.
❖ $540,000 of incentive funds from Southern California Edison to replace
incandescent bulbs with light emitting diodes for all red and green signals.
In addition to obtaining these outside funds and serving as the City's Interim
Transportation Manager, Tom managed the initial West Orange County Rail
Feasibility Study. This study was conceived by the City of Huntington Beach and
jointly funded by each of the cities in western Orange County. Tom had extensive
administrative involvement in this study from its inception through completion,
particularly during the initial qualifications based selection process. Tom prepared
the Request for Qualifications, established the consultant selection criteria,
responded to consultant questions, reviewed the responses from consultant
teams, participated in the consultant interviews, negotiated the detailed scope of
work, coordinated the consultant agreement with the City Attorney's office, and
prepared the Request for Council Action to award the consultant contract. During
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Mr. Robert Stachelski
Proposal for Circulation Element Update Administrative Services
August 6, 2004
the study, Tom managed the consultant contract and provided extensive
coordination with the participating cities at the technical level.
The initial West Orange County Feasibility Study determined there were a number
of unmet transit needs in western Orange County and resulted in the Orange
County Transportation Authority allocating $1,000,000 for further detailed study of
these transit needs. Tom was actively involved in the qualifications based
selection process used by the Orange County Transportation Authority to select
the consultant for the assignment. Tom also represented the City's interests in
other regional transportation studies including active participation in the Orange
County Transportation Authority's Santa Ana River Crossings Study.
While serving the City of Huntington Beach, Tom oversaw the assessment of the
potential traffic impacts from proposed development projects and prepared
recommendations for conditions of approval to mitigate impacts of development
traffic. Tom also actively participated in the Edinger Corridor Specific Plan
including the review of traffic study forecasts associated with potential increases in
development intensities in the Corridor area.
Tom oversaw the preparation of the Transportation System Needs Analysis 2000-
2010. This report reviewed existing conditions and identified roadway segment
and intersection deficiencies projected to occur in 2010. This report served as the
nexus between additional trips forecast from development projects and the need to
construct various roadway improvements to maintain the City's standard Level of
Service C identified in the Circulation Element. This foundation report was then
used for the subsequent update of the City's Fair Share Traffic Impact Fee
Program. Tom worked closely with the City Attorney's office in drafting the
associated ordinance, preparing the Request for Council Action, and presenting it
to the City Council for approval.
Last year, Tom completed a detailed review of the City's Circulation Element
networks. He prepared several spreadsheet comparisons including the following:
1) The classification of each street segment shown in the Circulation Element was
compared to the classification shown on the Master Plan of Arterial Highways.
This comparison also identified arterial streets on the City's boundaries and the
roadway classification in the adjacent jurisdiction.
2) Recent traffic volume counts were compared with the 2025 forecasts by the
Orange County Transportation Authority for all arterial street segments.
3) The 2025 Level of Service was calculated for each street segment using the
designations from the Master Plan of Arterial Highways. Street segments not
meeting the City's standard of Level of Service C were highlighted.
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I.
Mr. Robert Stachelsk►
Proposal for Circulation Element Update Administrative Services
August 6, 2004
4) The 2025 Level of Service was calculated for each street segment using the
designations from the City's Circulation Element. Street segments not meeting
the City's standard of Level of Service C were highlighted.
5) The minimum street classification needed for each street segment to meet the
City's standard of Level of Service C in 2025 was determined.
6) Available Precise Plan of Street Alignment documents for arterial streets were
summarized and compared to the requirements shown on the Master Plan of
Arterial Highways. Consistencies and inconsistencies were identified.
7) Existing street cross sections were compared to the requirements of the Master
Plan of Arterial Highways and the 2025 Level of Service was calculated. Street
segments not meeting the City's standard Level of Service C were highlighted.
8) Street segments projected to operate at Level of Service D or worse in 2025
were identified. Preliminary recommendations were developed to bring each
street segment into compliance with the City's standard Level of Service C.
9) Listings of deficient street segments and potential improvements were divided
into those streets that should be improved before and after 2025. Street
segments matching the Master Plan of Arterial Highways but not meeting the
City's standard Level of Service C were identified.
10)Inconsistencies between the Circulation Element networks and the Master Plan
of Arterial Highways were identified, together with recommendations to resolve
these issues.
Following the detailed review of the City's Circulation Element networks, Tom
drafted a preliminary Request for Proposal for Professional Consulting Services for
the Traffic Model and the Circulation Element Update. This scope of work focused
on eliminating inconsistencies between the Circulation Element networks and the
Master Plan of Arterial Highways. This scope of work should be expanded so that
the Circulation Element Update by the consultant team will:
1) Resolve differences with the Transportation System Needs Analysis 2000-
2010, with regional studies such as the Santa Ana River Crossings Study, and
with traffic impact reports for major development projects to create a consistent
arterial highway and intersection improvement plan.
2) Resolve inconsistencies in the Circulation Element text relating to the Cross
Gap Connector, bridge crossings, policy goals and level of service terminology.
3) Bring the Circulation Element into conformance with current requirements and
provide consistency with other elements in the City's General Plan.
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Mr. Robert Stachelskh
Proposal for Circulation Element Update Administrative Services
August 6, 2004
Availability of Key Personnel
Tom Brohard can provide an average of 20 hours per week, or about 80 hours per
month, of administrative services to the City for the Circulation Element Update.
Some weeks will require additional time, and other weeks will require less time for
this assignment. As in the past, Tom will always be available to the City and will
attend meetings at City Hall as may be necessary during this assignment.
Compensation
Compensation for the administrative services to be provided by Tom Brohard is
proposed on a time and materials basis at an hourly rate of $150. This hourly rate
is effective through December 31, 2004, and may be adjusted after that date.
Requested Changes to City's Agreement
The City's Standard Professional Services Agreement included in the Request for
Proposal has been carefully reviewed and we have enclosed our requested minor
revisions on Pages 3 and 5 of the Agreement for the City's consideration. We will
also seek the City's approval of the $5,000 deductible for our professional liability
insurance policy if selected for this assignment.
We sincerely appreciate your consideration of our unique qualifications to provide
the Circulation Element Update Administrative Services and we look forward to
again serving the City of Huntington Beach. If you should need any other
information or clarification of our proposal, please call me at your convenience.
Respectfully submitted,
Tom Brohard and Associates
T� �414
Tom Brohard, PE
Principal
Enclosure
7
compensation mpefisati :such extra work.-Aill'b`&1allowed'only if the.pflbi--wffft6h app 6f
CITY is:obtained.
6', ]METHOD OF PAYMENT
CONSULTANT.shall be paid pursuant to the terms of Exhibit"B."
I, DISPOSMON OF PLANS,ESTIMATES AND-OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder,
W64 ing, i o im.tat all original drawings, designs, reports, both field and office
d"; ut Ii i i&4
notices, calculations, -computer codej language;. data or -progr.ams, maps,. memoranda,
letters.and other documents, shall belong to CITY, and CONSULTANT shall turn these
materials—p" n at. thi.. or upon
OJ
. . . .......
-!rig >yy Crly
as it it sees fit.
8.. HOLD-.HARMLESS
CONSULTANT hereby agrees: to Protect, defend; indemnify- and hold
harniless 'CITY, its officers, elected or. appointed officials, employees, agents and
volunteers from and agaiwa any and all claims, damages., Tosses; 4Xpetws.,judgments,.
demands -and defense costs (including, without limitation,. costs and fees of litigation of
to the extent
every Ature or liability of W kind or itature)hfis-lug out of-or- in conneedixi with
CONSULTANT's(or CONSULTANT's subcontractors, if Any) negligent performance.of
this Agreement or :its -failure to comply with any. of its obligations contained in -this
Agreement by CONSULTANT; its officers, agents, or employees except such loss or
act,LXe
damage -which was caused by the negligence- or -willful misconduct of CITY,
CONSULTANT Will conduct all defense at its -sole- cost and expense.and MY shall
ziVrdf0mtVprofierv3 Un 5101-A 3
0'. CERTIFICAT- ROF INSURANCE
!Prior to'commending peffbnmartce--ofifid w6ik.bareub'der, CONSULTANT
S ULI'T"ANI....T
sball furnish-to CITY a certificate of Insurance-subject'to.approval of the City-Attorney
#Videilc 1n4the foregoing ingmnee.cover age-ag-required by'this Agdemett-,.tbe.certificate
Owl]:
A. provide-the-name and policy number of each carrier and policy.;
R. sba1.1'state that the-policy is currently in force; and
C. shall promise that such policy shall not be 4uqeaded, vekle&-ep
canceled by either party, ;-ducked in W Wake -except
wn It 9) days'
o M" oil.ci
W
go-0 reff C, -w- m7ment of
premium:.
CONSULTANT -shall maintain the.foregoing insurance coverage-in force
until the Wor*' - erNg`und Agreement is-Wy-cQmpletod and accepted by CITY.
The-requirement for-carrying the foregoing insurance coverage shall not
Jotopw from CCNSLTLT. ANTg defense,'hold harmless and indemnification-obligations as.
.set forth in this Agreement.. CIT.-Yor its-representative shall at all times baye:the right.to
demand the.original or a tapyof'the-policy of insurance. -CONSULTANT-shall pity, in:a
prompt and timely manner;-!be premiums.on-the-insurance.hereinabove required.
11. MEPENDENT CONTRACTOR
CONSULTANT is, and'shall be, acting at.all tunes in-the perforrawce-of-
this Agreement as -an independent contractor herein and not as an employee of CITY.
CONSULTANT shall seem at its own cost and expefis:e., and be.respbnslble for-any,and.
zvedfomWpwfsw1 Of 15/01-A 5
s INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST
1. Requested by: Chris Mendoza for Bob Stachelski/Public Works
2. Date: November 2, 2004
3. Name of contractor/permittee: Tom Brohard and Associates
4. Description of_work to be performed: Pro'ect Administra ' n• Technical Studies
5. Value and length of contract: 0 000• three'(3) Vfessional
6. Waiver/modification request: 5 000 deductible/ liability insurance
7. Reason for request and why it should be grant Unable to comply with the city's zero
deductible requirement
8. Identify the risks to-the City in approving t ' waiver/modification: None.
Department Head a""Ifinature Date:
APPROVALS
Approvals must be obtained.in he order listed on this form. Two approvals are required
for a request to be granted. A roval from the City Administrator's Office is only required if
Risk Manage ent and the City Attorney's Office disagree.
1. . Risk Management
❑ Approved ❑ D ied
Signature Date
2. City Attorney's O ice
❑ Approved Denied
Signature Date
3. City Administr tor's Office
❑ Approved ❑ Denied
Signature Date
If appro ed,the completed waiver/modification request is to be submitted to the
City Attorneys ffice along with the contract for approval. Once the contract has been approved,
this fo is to be filed with the Risk Management Division of Administrative Services
a Imam
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Caldwell Ins.Agency Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
15935 Whittier Blvd ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Whittier,CA 90603-2567 COMPANIES AFFORDING COVERAGE
`'teaANY
CNA Insurance Co
.rswRED COMPANY
Tom Brohard&Associates B
81905 Mountain View Lane COMPANY
La Quinta,CA 92253 C
COMPANY
B0111 D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR 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.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POUCY EXPIRATION LIMITS
LTR DATE(MMIDWM DATE(MWDDrM
A GENERALUABIUTY GENERAL AGGREGATE 8 2JM,000
X COMMERCIAL GENERAL LIABILITY 226450456 11/01/04 I V01/05 PRODUCTS-COMPIOP AGG s 1 000
,000
CL VI4S MADE QR OCCUR PERSONAL a AM WAIN S
OWNER'S 6 CONTRACTOR'S PROT EACH OCCURRENCE $ 1000 000
FIRE DAMAGE ft M*tiro) S 100,000
NED EXP one person S 10,000
AUTOMOBILE LIABILITY
COMBINED SINGLE UNIT S
ANY AUTO
ALL OW NED AUTOS BODILY INJIARY
804EDULEDAUTOS (Perpeltan) S
MREO AUTOS BODILY INJURY S
NON-ON/NEDAUTOS APPROVED AS TO FORM (Peraeeidenp
JENNIFER McGRA rH,Ck Atkxu ry PROPERTYDAMAGE a
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT E
ANY AUTO y Pain D, ,/ OTHER THAN AUTO ONLY:
Assistant City Att EACH ACCIDENT S
�Wd��G AGGREGATE B
EXCESS UABIUTY EACH OCCURRENCE S
UMBRELLA FORM AGGREGATE 3
OTHER THAN UMBRELLA FORM - S
AV/DRKERSCOYPENSA710NAND - ••.:�cl:: ,:.i3,i.-s.,ysi::i:v =::
EMPLOYERS'UABIUTY WC226450473 11/01/04 - 1U01/05
EL EACH ACCIDENT S_Loft ow
THE PROPRIETOR/ INCL - EL DISEASE-POUCY OMIT 8 1MOAN
PARTNERSIEXECUTNE
OFFICERS ARE EXCL EL DISEASE-EA EMPLOYEE 6 000 000
A Architects&Engi- SFA114108513 IV01104 11J01/0S $1,000,000 per occurrence
neers Prof.l,iab. w/$5,000 DedJClaims Made
DESCRIPTION OF OPERATIONSILOCATIOWNENICLESISPECULL ITEMS
This certificate supercedes all others previously issued.
Contract Reference:Professional Services Contract to Provide Circulation
Element Administrative Services.
SHOULD ANY OF THE ABOVE DESCRIBED POUCW3 BE CANCELLED BEFORE THE
City Of Huntington Beach EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL 11111010111110111M MAIL
Attn:C.Mendoza �Q_DAYS WRITTEN TIOTICE To THE CERTIFICATE MOLDER NAMEo TO THE LEFT,
Risk Management Division
2000 Main Street
Huntington Beach,CA 92648 R Nt
-- -
t„T TT.1.M[ITQr► aITTC:p.(1 .6(1 ;7n ^O,y
General Liability POLICY FORMS & ENDORSEMENTS
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL.LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Huntington_ Beach, its agents, offfcers and employees
2000 Main St.
Huntington Beach, CA 92648
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
Who Is An Insured (Section It) is amended to include as an insured the person or organization shown in the .
Schedule.but only with respect to liability arising out of your ongoing operations performed for that insured. #
Contract: Professional Services Contract'to provide circulation element
administrative services.
8/0 r
373
CG 20 10 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 1 O
- �.nn r o dine :7n a.n an AOM
INSURED: Tom Brohard&Associates
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESISPECIAL ITEMS-(Continued):
The City Of Huntington Beach,its agents,officers and employees are
named as additional insured to the Commercial General Liability policy
only.
•-� oocnia.c�ac suT TTaMPTe.1 b0 20 ^0w
�y o 4105
.y .1
Su ity PROFESSIONAL SERVICE CONTRACTS
Hun6n 'Beach® PURCHASING CERTIFICATION
1. Requested by: Bob Stachelski, Department of Public Works
2. Date: September 16, 2004
3. Name of consultant: Tom Brohard and Associates
4. Description of work to be performed: Contract Administration for the Circulation
Element Update
5. Amount of the contract: $40,000.00
6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No
7. Company number and object code where funds are budgeted: 20685201.69365
8. Is this contract generally described on the list of professional service contracts
approved by the City Council'? ® Yes, ❑ No
9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on
the list of professional service contracts approved by the City Co ncil?'
® Yes,. ❑ No 8 350,oco -+®4a4 4'vv.ds ;silos
10. Were (at least) informal written proposals requested of three consultants?
® Yes, ❑ No
11. Attach list of consultants .from whom proposals were requested (including a
c ntact telephone number). Lo-, �\8Cv�, /�-Ssoc-%6,4C-5 � , r vl =` Y�
�-jc`aSv G CS, -moo rM �'✓a�'1Gb�Gt �t tiQ� 4u&Z•
12. Attach proposed scope of work. Ouct ec(
13. Attach proposed payment schedule. 'See- t�l e— 7
IC ARD AM DRIL, Manager
Purchasing/Central Services
' If the answer to any these questions is"No,"the contract will require approval from the City Council.
Documentl 9/16/2004 11:59 AM
Page 1 of 2
Stachelski, Bob
From: Scott Bacsikin [SBacsikin@WILLDAN.com]
Sent: Wednesday,August 04, 2004 9:12 AM
To: Stachelski, Bober
Cc: Lisa Penna; Dave Hunt
Subject: RE: Suspected Spam: Request for Proposal and Qualifications-Circulation Element Up date
Administration Services Up date Administration Services
Bob,
Thank you for considering Willdan for this RFP/RFQ. As you are aware, Huntington Beach is an important client
of Willdan and we are currently working on various assignments with the City and have staff committed to meeting
the goals of Huntington Beach. We want to keep these staff members focused on those assignments already
underway. It is for this reason that Willdan will not formally respond to the RFP/RFQ to provide Administration
Services to Up Date the City's Circulation Element at this time.
Again, Wilidan appreciates your consideration and wishes you a successful procurement.
If you have any further questions please feel free to call me.
Regards,
Scott
-----Original Message-----
From: Stachelski, Bob [maiIto:bstachelski@surfcity-hb.org]
Sent: Monday, August 02, 2004 9:38 AM
To: Scott Bacsikin; 'tbrohard@earth link.net'; 'John.kerenyi@kimley-horn.com'
Cc: Beardsley, Robert; Daily, Linda
Subject: Suspected Spam: Request for Proposal and Qualifications - Circulation Element Up date Administration
Services Up date Administration Services
Prospective Bidders:
The City of Huntington Beach is seeking the assistance of a consultant in administering the update
of the Circulation Element of our General Plan. The services do not include the completion of the
various technical studies required to complete the update, but rather providing day-to-day
administration of the various activities needed to initiate, direct and complete the process. The
following basic tasks are outlined to better illustrate our needs for this effort.
1. Administration of Request for Qualifications - Prepare and assist in the circulation of a
comprehensive RFQ for the services required to complete the Circulation Element update.
Coordinate any presubmittal conferences with bidders. Provide any written responses to comments
to bidders. Coordinate responses to questions from bidders.
2. Selection of Consulting Team - Assist staff in developing criteria for team selection.
Coordinate the review of all team qualifications. Assist in notification of teams of selection results.
3. Develop and Negotiate Professional Services Agreement and Detailed Scope of Service for the
Project - Work with the City Attorney's office and staff to prepare a draft professional services
agreement. Work extensively with the selected team in developing a detailed scope of services
8/6/2004
Page 2 of 2
and project budget. Upon completion, prepared documents for submittal to the City Council for
contract award.
Following completion of these tasks, the City will reevaluate the need for additional services for the
long-term administration of the entire project. The second phase of the assignment will likely
require a multi-year service agreement and a formal qualifications process. It is the City's
expectation that these services will be needed in order to expedite the completion of this effort.
At this time, we are requesting qualifications submittals from three firms to address the first phase
of this project. It is anticipated that services will be provided on a time and materials basis, with a
not to exceed budget. However, consultant selection will be based solely on the qualifications
presented in each submittal. Please limit your submittal to 10 pages and emphasize your unique
qualifications in the following areas:
. Experience and understanding of qualifications based consultant selection process
. Experience and understanding of the function of a Circulation Element
. Experience and understanding of City of Huntington Beach Circulation Element issues
. Professional qualifications of key personnel assigned to the project
. Availability of key personnel assigned to the project
Important Note: The consultant selected to provide the administrative services outlined
in this RFQ will not be eligible to submit a statement of qualifications or be a member of
any team considered in providing the actual Circulation Element update services.
I realize that the mixing of the terms here could be a little confusing (administration services
versus full Circulation Element update). If you have any questions, don't hesitate to call.
Qualifications Submittal Due Date - August 9 @ 5 pm. If anyone will have difficulty
submitting by this deadline, please contact me ASAP so that I can revise the deadline for
all bidders.
Thank you for your assistance. I look forward to receiving your submittals.
Bob Stachelski
Transportation Manager
(714) 536-5523
8/6/2004
xequest ror vroposai ana yualincations - Circulation Element Up date Administration Se... Page 1 of 1
Stachelski, Bob
From: Herman.Basmaciyan@kimley-horn.com
Sent: Wednesday,August 04, 2004 10:35 AM
To: bstachelski@surfcity-hb.org
Subject: Request for Proposal'and Qualifications - Circulation Element Up date Administration Services
Thank you for inviting Kimley-Horn and Associates, Inc. to submit qualifications to assist the
City in administering the Update of the Circulation Element of the City's General Plan.. Kimley-
Horn is qualified as a firm and would be in a position to designate several individuals who are
well-qualified to provide the necessary services.
On the other hand, Kimley-Horn is also very interested in and is uniquely qualified to perform
the technical services in conjunction with the General Plan Update. Kimley-Horn would prefer
to have an opportunity to compete for the technical services when the RFP for that solicitation
is issued. Since the consultant selected to provide administrative support services would be
precluded from participating in the future technical services solicitation, we are not able to
submit qualifications for the current solicitation for Administrative Support Services.
Thank you again for considering Kimley-Horn for this assignment.
We look forward to presenting to you our qualifications and technical proposal for the General
Plan Update project and hope to be selected for that assignment.
Herman Basmaciyan, P.E.
Vice President
1pmleyNom .
snd Ash,hrc.
2100 West Orangewood'Avenue, Suite 140
Orange, CA 92868
Tel: 714-939-1030 FAX: 714-938-9488
herman.basmaciyan@kimley-horn.com
This e-mail from Kimley-Horn and Associates,Inc.and any files
transmitted with it may contain confidential information.
It is intended solely for the individual named above.If you are
not the intended recipient,please notify the sender and delete
it immediately.Any other use or distribution is prohibited.
R16117MA