HomeMy WebLinkAboutHAMILTON, RABINOVITZ & ALSCHULER INC - Professional Services Contract for Consulting Services Re: Study & Preparation of Traffic Impact Fee Ord 5/15/00 - 2000-05-15CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETIR OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: August 16, 2000
TO: Hamilton, Rabinovitz & Alschuler, Inc -ATTENTION: Paul J. Silvern, Partner
Name
1990 S. Bundy Drive, Suite 777 DEPARTMENT:
Street
Los Angeles, CA 90025 REGARDING: Professional. Services
City, State, Zip
,Contract - Traffic Impact Fee Study
See Attached Action Agenda Item E-13 Date of Approval 5-15-00
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
G aw�;t-
Connie Brockway
City Clerk
Attachments: Action Agenda Page x
CC: R. Beardsley
Name
Name
Name
C. Mendoza
Agreement x Bonds
RCA Deed
DPW
Department
Department
Department
Department
x
Risk Management Dept.
x
RCA
RCA
RCA
RCA
x
Agreement
Agreement
Agreement
Agreement
Insurance x
Other
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Insurance
Insurance
Insurance
Insurance
x
Insurance
Other
Other
Other
Other
G: Fol louvp lcttem coverltr
I Telephone: 714-536.5227 )
C Y OF HUNTINGTON BEA ft%t'%'Vl
MEETING DATE: May 15. 2000
FCA vN1
DEPARTMENT ID NUMBER: CA( 00-06
Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditionally Approved J Denied
WZiy Clerk' Sj nature
Council Meeting Date: May 15. 2000
Department ID Number: CA 00-06
CITY OF HUNTINGTON BEACH _
REQUEST FOR COUNCIL ACTION "'
c -L
cr—
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
�j SUBMITTED BY: RAY SILVER, City Administratorf44
PREPARED BY: F OBERT BEARDSLEY, Director of Public Works
GAIL HUTTON, City Attorney
SUBJECT: Approve Agreement with Hamilton, Rabinovitz & Alschuler, Inc. for
consulting services regarding Traffic Impact Fee
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: The City's Traffic Impact Fee expires in August 2000. At issue is_
whether to approve a Consulting Agreement with Hamilton, Rabinovitz & Alschulter, Inc., to
provide consulting services in preparing a new Traffic Impact Fee Ordinance.
Funding Source: Funds in the amount of $37,500 are available in the unreserved,
undesignated Traffic Impact Fee Fund.
Recommended Action:
1. Approve the Professional Services Contract between the City of Huntington Beach and
Hamilton, Rabinovitz & Alschulter, Inc. for a Traffic Impact Fee Study, and authorize
Mayor and City Clerk to execute the Agreement upon receipt of required insurance
certificates.
2. Authorize the Finance Director to appropriate funds in the amount of $37,500 from the
unreserved, undesignated Traffic Impact Fee Fund.
3. Authorize expenditures in an amount not to exceed $37,500.
4. Approve the deductible on the errors and omissions policy in an amount not to exceed
$5,000.
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00-06 Hamilton, Rabinovitz -2- 5/11/00 10:53 AM
REi2UE5T FOR COUNCIL ACTIN
MEETING DATE: May 15. 2000
Alternative Actions :
DEPARTMENT ID NUMBER: CA 00-06
Do not approve agreement and hire different consultant.
Analysis: In 1990, the City approved a Traffic Impact Fee Ordinance, which has a sunset
clause as of August 2000. The City's Traffic Engineer, Tom Brohard of R.J. Consulting, in
consultation with the Planning Department and the City Attorney's office, has already begun
the process of preparing a new proposed Traffic Impact Fee. After careful consideration,
staff has concluded that additional assistance from a consultant with substantial experience
with impact fee studies would be helpful. Proposals were solicited from a number of firms,
and Hamilton, Rabinovitz and Alschuler, Inc., was selected.
The Scope of Work on the Consulting Agreement anticipates presenting the new ordinance
to the Council in September 2000. The effective date of the new ordinance would be 60 days
thereafter. Since the Traffic lmpact Fee ordinance currently in place would expire before
then, it is anticipated that an interim extension of the existing ordinance will be presented to
cover the time period between adoption of the new proposal and expiration of the existing
ordinance. Nonetheless, staff will be working with the consultant to compress the schedule
as much as possible to complete the hearing process prior to the current ordinance's
"sunset" date.
COUNCIL POLICY REGARDING REQUESTS FOR AN APPROPRIATION OF FUNDS:
As adopted by the City Council in March 1998, all requests for appropriation of funds must
meet one of the following criteria: 1) The request is for an unanticipated emergency, 2) The
request is required to implement labor negotiations, or 3) The request will be offset by related
new revenues.
The new appropriation being requested is for an unanticipated emergency.
Environmental Status: NIA.
Attachment(s):
2
RCA Author: Scott Field
Consulting Agreement
Fiscal Impact Statement
00-06 Hamllton, Rabinovitz -3. 5/11100 10:53 AM
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
HAaMILTON, RABINOVITZ & ALSCH- LER, INC.
FOR
TRAFFIC IMPACT FEE STUDY
Table of Contents
1
Work Statement........................................................................................................1
2
City Staff Assistance........•.......................................................................................1
3
Time'ofPerformance................................................................................................1
4
Compensation..........................................................................................................
1)
5
Extra Work........................................................................
..2
6
Method of Payment..................................................................................................
7
Disposition of Plans, Estimates and Other Documents
............................................ 3
8
Indemnification and Hold Harmless.........................................................................4
9
Workers' Compensation............................................................................................4
10
Insurance..................................................................................................................
4
11
Certificates of Insurance..........................................................................................5
12
Independent Contractor...........................................................................................
6
13
Termination of Agreement......................................................................................
6
14
Assignment and Subcontracting..............................................................................7
15
Copyrights/Patents...................................................................................................7
16
City Employees and Officials..................................................................................7
17
Notices.......................................................................................
18
Immigration......................................................................
.............. 8
19
Legal Services Subcontracting Prohibited...............................................................8
20
Attorney's Fees.........................................................................................................
8
21
Entirety.................................................................................
................................ ... 9
0
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
HAMILTON, RABINOVITZ & ALSCHULER, INC.
FOR
TRAFFIC IMPACT FEE
THIS AGREEMENT, made and entered into this 5th day of May 2000,
by and between the City of Huntington Beach, a municipal corporation of the State of California,
hereinafter referred to as "CITY," and Hamilton, Rabinovitz & Alschuler, Inc., a California
corporation, hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to assist in the
preparation of a traffic impact fee study in the City of Huntington Beach; and
The provisions of HBMC Chapter 3.03 relating to procurement of professional service
contracts has been complied with; and
CONSULTANT has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
WORK STATEMENT
CONSULTANT shall work with the CITY's City Attorney, Traffic Engineering
and Planning Departments in preparing a traffic impact fee in compliance with California
Government Code Sections 66000 et seq. In preparing the fee, CONSULTANT shall provide
those services described in Exhibit A, attached hereto, and hereinafter referred to as the
"PROJECT."
CONSULTANT hereby designates Paul J. Silvern 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
CONSULTANT shall work with the City Attorney, Planning Department and
Traffic Engineer in the performance of this Agreement.
3. - TIME OF PERFORMANCE
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Time is of the essence of this Agreement. The services of the CONSULTANT
are to commence as soon as practicable after the execution of this Agreement and all tasks
specified in Exhibit "A" shall be completed no later than eight months from the date of this
Agreement. These times may be extended with the written permission of the CITY. The time
for performance of the tasks is generally set forth in Exhibit "B." This schedule may be
amended to benefit the PROJECT if mutually agreed to by the 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 according to the schedule set forth in
Exhibit "C" attached hereto.
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 after receiving written authorization from the Assistant City Administrator of the CITY.
6. METHOD OF PAYMENT
A. CONSULTANT shall be entitled to progress payments upon submitted
completion of each phase of the PROJECT, as set forth in Exhibit "C."
B. Delivery of work product: A copy of every technical memo and report
prepared by CONSULTANT shall be submitted to the CITY to demonstrate progress toward
completion of tasks. In the event CITY rejects or has comments on any such product, CITY
shall identify specific requirements for satisfactory completion. Any such product which has not
been formally accepted or rejected by CITY shall be deemed accepted.
C. The CONSULTANT shall submit to the CITY an invoice for each
progress payment due. Such invoice shall:
1) Reference this Agreement;
2) Describe the services performed;
3) Show the total amount of the payment due;
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4) Include a certification by a principal member of the
CONSULTANT's firm that the work has been performed in accordance with the - -
provisions of this Agreement; and
completed.
5) For all payments include an estimate of the percentage of work
Upon submission of any such invoice, if CITY is satisfied that
CONSULTANT is making satisfactory progress toward completion of tasks in accordance with
this Agreement, CITY shall promptly approve the invoice, in which event payment shall be made
within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If the CITY does not approve an invoice, CITY shall notify
CONSULTANT in writing of the reasons for non -approval, within seven (7) calendar days of
receipt of the invoice, and the schedule of performance set forth in Exhibit "A" shall be
suspended until the parties agree that past performance by CONSULTANT is in, or has been
brought into compliance, or until this Agreement is terminated as provided herein.
D. Any billings for extra work or additional services authorized by CITY
shall be invoiced separately to the CITY. Such invoice shall contain all of the information
required above, and in addition shall list the hours expended and hourly rate charged for such
time. Such invoices shall be approved by CITY if the work performed is in accordance with the
extra work or additional services requested, and if CITY is satisfied that the statement of hours
worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any
dispute between the parties concerning payment of such an invoice shall be treated as separate
and apart from the ongoing performance of the remainder of this Agreement.
7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that all materials prepared hereunder, including all
original drawings, designs, reports, both field and office notices, calculations, maps and other
documents, shall be turned over to CITY upon termination of this Agreement or upon PROJECT
completion, whichever shall occur first. In the event this Agreement is terminated, said materials
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may be used by CITY in the completion of PROJECT or as it otherwise sees fit. Title to said
materials shall pass to the CITY upon payment of fees determined to be earned by
CONSULTANT to the point of termination or completion of the PROJECT, whichever is
applicable. CONSULTANT shall be entitled to retain copies of all data prepared hereunder.
8. INDEMN-IFICATION AND HOLD HARMLESS
CONSULTANT hereby agrees to indemnify, defend, and hold and save harmless
CITY, its officers and employees from any and all liability, including any claim of liability and
any and all losses or costs arising out of the negligent performance of this Agreement by
CONSULTANT, its officers or employees.
9. WORKERS' COMPENSATION
CONSULTANT shall comply with all of the provisions of the Workers
Compensation Insurance and Safety Acts of the State of California, the applicable provisions of
the California Labor Code and all amendments thereto; and all similar state or federal acts or
laws applicable; and shall indemnify, defend and hold harmless CITY from and against all
claims, demands, payments, suits, actions, proceedings and judgments of every nature and
description, including attorney fees and costs presented, brought or recovered against CITY, for
or on account of any liability under any of said acts which may be incurred by reason of any
work to be performed by CONSULTANT under this Agreement.
CONSULTANT shall obtain and furnish evidence to CITY of maintenance of
statutory workers compensation insurance and employers liability in an amount of not less than
One Hundred Thousand Dollars (5100,000) bodily injury by accident, each occurrence; One
Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee; and Two
Hundred Fifty Dollars (5250,000) bodily injury by disease, policy limit.
10. INSURANCE
In addition to the workers' compensation insurance and CONSLTLTANT's
covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY the following
insurance policies covering the PROJECT:
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A. General Liability Insurance
A policy of general public liability insurance, including motor vehicle coverage.
Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting
within the scope of their duties, against any and all claims of arising out of or in connection with
the PROJECT, and shall provide coverage in not less than the following amount: combined
single limit bodily injury and property damage, including products/completed operations liability
and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a
form which includes a designated general aggregate limit, the aggregate limit must be no less
than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional
Insureds, and shall specifically provide that any other insurance coverage which may be
applicable to the PROJECT shall be deemed excess coverage and that CONSULTANT's
insurance shall be primary.
Under no circumstances shall said above -mentioned insurance contain a self -
insured retention, or a "deductible" or any other similar form of limitation on the required
coverage.
B. Professional Liability Insurance.
CONSULTANT shall acquire a professional liability insurance
policy covering the work performed by it hereunder. Said policy shall provide coverage for
CONSULTANT's professional liability in an amount not less than $500,000 per claim. A claims
made policy shall be acceptable. Under no circumstances shall said above -mentioned insurance
contain a self -insured retention, or a "deductible" or any other similar form of limitation in
excess of S5,000.
11. CERTIFICATES OF INSURANCE; ADDITIONAL_ INSURED
ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this Agreement; said certificates shall:
SF-2000 Agree: HR&A Traffic Impact Fee Study
5181:00 - #2
1. provide the name and policy number of each carrier and policy;
2. shall state that the policy is currently in force;
3. shall promise to provide that such policies will not be canceled or
modified without thirty (30) days', prior written notice of CITY;
4. and shall state as follows: "The above detailed coverage is not subject to
any deductible or self -insured retention, or any other form of similar type
limitation", except as otherwise permitted under this agreement.
CONSULTANT shall maintain the foregoing insurance coverages in force until
the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not derogate
from the provisions for indemnification of CITY by CONSULTANT under the Agreement.
CITY or its representative shall at all times have the right to demand the original or a copy of all
said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the
premiums on all insurance hereinabove required.
12. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor. CONSULTANT shall secure at its 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
services to be performed hereunder.
13. 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 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.
b
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14. ASSIGNMENT AND SUBCONTRACTING
This Agreement is a personal service contract and the supervisory work hereunder
shall not be delegated by CONSULTANT to any other person or entity without the consent of
CITY.
15. 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.
16. 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.
17. NOTICES
Any notice or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to CONSULTANT's agent (as designated
in Section 1 hereinabove) or to CITY's Director of Public Works 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, addressed as follows:
TO CITY:
City of Huntington Beach
2000 :Main Street
Huntington Beach, CA 92648
TO CONSULTANT:
Paul J. Silvern, Partner
Hamilton, Rabinovitz & Alschuler, Inc.
1990 S. Bundy Drive, Suite 777
Los Angeles, CA 90025
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18. 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.
19. 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 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.
20. ATTORNEY' S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this agreement or to secure the performance hereof, each party shall bear its own attorney's fees.
Balance of page intentionally left blank.
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21. ENTIRETY
The foregoing, and Exhibits "A" and "B" attached hereto, set forth the entire
Agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized offices the day, month and year first above written.
HAMILTON, RABINOVITZ &
Its: (circle o,r airma 'Presidcnt!Vice President
AND
By: 3AAA&YAvej Ejjlvw�l
F @, O Z
ame
Its: (circle oire Secreta hief Financial Officer/Asst.
Secretary - Treasurer
REVIEWED AND APPROVED:
_ r—&&n
City ministrator
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
}Mayor
ATTEST:
dX0- GG
City Clerk
APPROVED AS TO FORM:
i
o ty Attorney v s F1110
IN D APPROVED:
r
Director of Public Works
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SCOPE OF WORK
Hamilton, Rabinovitz & Alschuler, Inc. ("Consultant") shall perform analysis to assist the
City of Huntington Beach ("City") to develop and adopt a revised Traffic Impact Fee.
Consultant's scope of work wr71 be conducted in three general phases, as foIIows:
r Phase 1: Conduct Data Collection and Preliminary Analysis. This phase includes
assembling, reviewing and commenting on data related to City traffic studies and
projections of traffic demand associated with new development; assembling, examples of
comparable traffic impact fee programs; and assembling and reviewing data on funding
sources available to the City to pay for traffic improvements.
■ Phase l: Prepare Traffic Impact Fee Calculations, a Draft Ordinance and an Outline of
A&nftarative Procedures. In this phase, Consultant will prepare a written analysis that
translates the cost of traffic improvements associated with new development that are
required to maintain adopted levels of service at City intersections and street segments
into a Traffic Impact Fee. This phase includes preparation of a draft ordinance to
implement the Traffic Impact Fee and a draft outline of administrative procedures to
enforce it. This phase also includes meetings with City staff to review the draft analysis,
draft ordinance and administrative procedures outline.
Phase 3: Provide Support for the Public Review Process. The final phase includes
attending up to three public hearings or other public meetings, or a combination of
hearings and meetings, to explain Consultant's analysis and recommendations.
It is expressly understood that in preparing its analysis and recommendations, Consultant
shall rely on analysis of existing and projected future traffic conditions and traffic capacities,
required traffic improvements needed to maintain acceptable levels of service, and traffic
improvement cost estimates prepared by City, and the shares thereof that are associated with new
development, as distinguished from existing development or other sources of traffic demand other
than new development. Consultant's analysis shall focus on translating the improvement costs
associated with new development into a Traffic Impact Fee that will be assessed against new
development, which meets the requirements of the 'Mitigation Fee Act (Gov't Code § 66000, et
seq.), preparing a draft ordinance to implement the Traffic Impact Fee, and outlining
administrative procedures to be used by City staff in enforcing the ordinance.
The specific tasks to be undertaken by Consultant under each of these three phases are
further described below:
Exhibit A Page A-1
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PAGE 4/8
Phase 1: Conduct Data Collection and Preliminary Analysis. Consultant shall:
— Review documentation supporting the 1990 Traffic Impact Fee; the existing
Traffic Fee ordinance and City staff analysis of its implementation during the
1990s, and discuss this information with City staff_
— Review traffic analysis and traffic improvement cost estimates to be prepared by
City staff and discuss them with City staff.
— Review data and information on current and projected future sources of funds
available to the City to pay for needed traffic improvements.
Assemble and review traffic impact fee studies, ordinances and implementation
guidelines from a sampling of other Southern California jurisdictions that are
relevant to traffic conditions and/or implementation issues in Huntington Beach.
— Prepare a preIiminary outline of a Traffic Impact Fee Ordinance and administrative
guidelines to implement the ordinance.
Phase 2: Prepare Traffic Impact Fee Calc uladom a Draft Ordinance and a Draft Outline of
Administrative Procedures. Consultant shall:
— Estimate other sources of funds available to the City, if any, to pay for the capital
cost of improvements associated with new development (e.&, project -generated
tax revenues; Measure M funds; state or federal funds), and calculate the unfunded
residual.
Translate the unfunded residual costs for traffic improvements required to serve
new development into a "fair share" per -trip (average daily or p.m. peak hour, to
be determined in consultation with City staff) fee, including a schedule of fees
applicable to modular units (e.g, dwelling units by type of unit; floor area,
hotel/motel rooms or per employee) of various land uses that are typically
constructed in the City. The fee schedule will utilize trip generation rates from the
Institute of Transportation Engineers, or an equivalent professional standard
acceptable to City staff,
— Prepare a separate report, or section of a report that also includes the City's traffic
analysis, which clearly articulates the fee calculation rationale to demonstrate that
there is a reasonable relationship between the traffic impact created by new
development, the amount of the Traffic Impact Fee, the fee amount represents a
fair share of the improvement costs, the intended use of fee proceeds collected by
the City, and other matters addressed by Govt. Code § 66000, et seq.
— Prepare a draft ordinance for a Revised Traffic Impact Fee, consistent with the
requirements of Govt. Code §66000 et seq. The ordinance will establish the Fee,
provide the mechanism for setting the fee (e.g., by separate City Council
Exbubit A Page A-2
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resolution), address a number of additional issues, such as any appropriate credits
or offsets, waivers, refunds, appeals, future amendments, and transition rules for
projects that are currently under review for entitlements.
— Prepare a draft outline of administrative procedures to implement the ordinance,
including calculation rules and procedures that will enable City staff and the public
to understand how to apply the ordinance to typical projects.
Attend a reasonable number of meetings with the City project team (City Attorney,
City Traffic Engineer and Senior Planner) to review the draft fee analysis, draft
Traffic Impact Fee ordinance and draft administrative procedures outline.
-- Meet with City Administrative staff to review the analysis, ordinance and
procedures.
— Prepare a final draft of the fee analysis, ordinance and outline of administrative
procedures based on comments by City Administrative staff.
Phase 3: Provide Support for the Public Review Process_ Consultant shall:
— Attend up to three public hearings or other public meetings, or a combination of
hearings and meetings, to explain Consultant's analysis and recommendations.
— Prepare revisions to the draft ordinance and the draft outline of administrative
procedures in response to comments by City decision makers.
F-xWbi[ A
Page A-3
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EXHIBIT B
SCHEDULE OF PERFORMANCE
Consultant will use its best efforts to complete the Scope of Work presented in Exhibit A
according to the following schedule. This schedule is based on City's authorization to proceed as
of May 2, 2000.
Phase Target Completion Date
(Week of ... I
Phase 1: Conduct Data Collection and
Preliminary Analysis
Deliverable 1 (Preliminary Outline of
revised Traffic Fee Ordinance and
Administrative Guidelines) June 5
Phase 2: Prepare Traffic Impact Fee
Calculations, Draft Ordinance and Draft Outline
of Administrative Procedures
Deliverable 2 (Draft Traffic Impact Fee July 10
Calculations, Draft Ordinance and Draft (provided City's traffic analysis and
Outline of Administrative Procedures) improvement cost estimates are completed the
week of June 51
Phase 3: Provide Support for The Public Review
Process (tentative dates subject to change by City staff)
City Council Workshop August 7, 2000
City Council 1" Reading of Ordinance September 21, 2000
City Council 2" d Reading of Ordinance October 5, 2600
Exhibit B
B-1
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EX=IT C
PAYMENT SCHEDULE
Consultant shall be compensated for completion of the Scope of Work presented in
FxltEbit A according to the following schedule:
Payment Milestone
Amount Due
Delivery of Preliminary Outline of Traffic Fee
$12,250.00
ordinance and Administrative Guidelines
(fixed fee)
Delivery of Draft Traffic Impact Fee Analysis,
Draft Ordinance and Draft Outline of
$20,250.00
Administrative Procedures
(fixed fee)
Attendance at Public Meetings and/or Public Not to exceed
Hearings $ 5,000.00
(time and materials per attached fee schedule)
TOTAL $37,500.00 -
Exhibit C Page C-1
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•
HRBi~A Hourly Rate Quotation*
FY 1999 2000
Hourly rates for the named individuals and other HR&A staff are as follows:
Partners (Hamilton, Rabinovitz, Alschuler, Laven) ............ $300
Partners (Silvers, Damon, Baer) ........................... 250
Principals ............................................. 200
Directors ............................................ 175
Managers ............................................. 12.5
Senior Analysts ............... ............ . ............ 115
Analysts............................................... 100
Research Associates ........... . ...................... . .... 75
* Depositions and trial testimony hours are billed at time and one-half.
Customary out-of-pocket expenses, including mileage, facsimile and overnight delivery
charges, will be billed at their direct cost to HR&A without mark-up.
Exhibit C
Page C-2
MAY-03-2000 15:32 3108206778 98% P.08
AUG-11-00 15:41 FROMiHRBA InC. LA 1D:3108206776 PACE 3i9
Bev p CERTIFICWE OF LIABILITY 1NSU C 1k x6Mobum
16 OB 1 00
TritS flER[*MA E IS ISSUED AS A MATTER OF XFORMATM
Bolton i Caq3any OMY AMU CONFERS NO RIMM UPON THE CFRT LATE
72-160617-1r-OC-7 -R& ROEMM' MS CEKnRCATE DOES kOT AMEND, EXTEND OR
P.O. Box 33015 ALTER THE COVERAGE AFFORDED BY THEPOUCIESBELOW
.
Sacs Antam&a TX 78265-3015 y
ncaae:OW-457-2379 i'ax:210-732-3593 I R*RMM
I ffautenA: Rartlord rite inx Co
RaWdl.toa Rabinavitx P a LowCAngelesda& 96625777 a
THE P0LKE5 GF MWRAWX Lb-M HELAW IMAVE HEW G&L ED TO TWE 1MREC IRKED ABOVE FOR THE POLICY PER100 IhJDICATED. NOTWISltS'TANOM
MY REQIM 861I NT. i134�N OR OOP[QnMN OF AAYCONTRACT OR OTHER DOCU40ENT V4TH RESPECT TOYft" THIS CERTW=TE MAY BE MSl1ED OR
MAY PERTMN. THE INS11B11NCE AFFORDED OY THE POLICIES DESCRY MEREW is SMELT TO ALL THE TEi2SfS. MCC.[MIONS A'V CONCMMS OF SUCH
POUCWS. AGIiRPf,IITE LN(1'S SHOMMAY NAVE BEEN REWGED BY PAD CLAM.
Lt11 : TTPM OF OLS'AMUMN
....� POLICY M nom
DaTS
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A : x Lr.1a u laAt ln►
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Is300000
$ 10000
f 1600000
f 2000000
s zxcln$ed
h
A TORSOUELY1BILl1T
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ALL O WMW AUTOS
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729,8AD94648 07/01/00
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DEpCRPTMN CO OPMAS 14LCSATION WEi =WMCLU6WM ADMP BY &VOW314MMYSCUL Prov%MRS
Certit'icate holde]C is named additional inmwed •s their intemat may appear.
*Z=ept for 10 days non-payment. For sngairies call 1--1900-457-2379.
CEWTICATE HOLDER Y I Acor KOft pifMMr 1116tI11i3145TTE]C CANCELLATM
CXTM- 4 L49M AW Or WrE AEOVE DfiS MOW PaQ OMS BE C ANCM= Bg%=TM
DATYTWMW SNEN MN7WRL awL *30 PAT3M1RRTEN
City of Hunt-tb9ton Beach, It's KOPMTOTHECERTOWAMHOLDER RAMEDTOTPV_LEF;
Agents, Officer's i Employees
2000 Main St/fa Boat L90
6tsntingtaa )Bleach CA 92940
ACORD 2&& Fuq'n QACQRD CORPORATM 10M
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8LMLoTZ"Xd:1 3"b1SNI
M2UH QI
9Z=8t 00. 11,10 M'ON 11I:3
BUG-11-2000 15:43
3108225779
97X
P.03
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•
FACE l/1
;. aC�Rn CERTIFIWE OF
1Q Cg DATE IMMOOM)
LIABILITY INSUkA
.. .:.
$AMi�v84 05126J00
PRODUCER • - -
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Jardine Group Services Corp.
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
L
HOLDER. THIS CERTIFICATE DOES NOT AMEND. OMND OR
Cornell Road
ALTER THE COVERAGE AFFORDEO BY THE POLICIES BELOW.
Latham NY 12110
! COMPANIES AFFORDING COVERAGE
('.OINPMLY
Phwwmw 800-998-5545 FfpNa S18 782-3139
A NATIONAL IINxON FIRE INS. Co.
INSURED r
_
I COMPANY
6
Hamilton il;<lbinovlt2 is
COMPANY
Alschuler Inc
I C
1990 S Suady Dr Ste 777
;;R,IPAIgY
Los Angeles CA 90025
D
.CoVEPAGES
THIS IS TO CERI)rY THAT THE POL)C)FS OF INSURANCE LIS79D BELOW HAVE BEEN ISSUED 70 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWRHSTANJINC AM' REQUIREMENT TERM OR CONDmON OF ANY CONTRAC4 OR OTHER DOCUTAEN f YATH RESPECT TO W ACH 7HIt
CERTIFICATE MAY BE MISVED OR MAX PERTAIN. THE INSURANCE AFFORDED BY TKE POUC%CS DESCRIBED HEREIN IS SUBJECT TO ALL THE nRMS.
F-xCLVSLONS AND CONOMO+NS OF SUCH POLICIES- LIM= SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
COI 'YPE OF INSURANCE POLICY NUMBER
LTR
- -�- LIMffS
EFFECTNE POLICY
I
DATE ttA:i WfM7 { DATE (NOADD"
� GEMERALLJAEILr`Y
GENE�RALAGGREGA',E i
4 COWAERCIAL GENERAL LIABILITY ?
I PRODUCTS • COMPIOP AGG 5
«^^_:""'4t C!.AJMSMADE I i OCCURP-ERSONA��LSADVINJURY
r+I
- i
OvALMS S CONTRACTORS PROT
EACM OCI CURRENCE f
FIRE DAMAGE (Am arc tire) IS
j
J I MED eXP (Any one oawn) ; S
I AUTOM02•LE LIABILITY
f
I
I COMBINED SINGLE LIMB t S
ANYAVTp )
I I
FB00%Per%w)Y�Jar I t
ALL Dw+IEDwLITDs I
j i
WHEd'JLED AUTOS
BODILY INJURY
Is+RED AUTOS
f 1
I
NON•OVwEOA'UTOS
I
�4
I
I {Pa�itidar) _
I
I
PROPERTY DAMAGE is
GARAGE L&BCITY :_
� I
AUTO ONLY • EA ACCIDENT S
OTHeR THAN AUTO ONLY .
ANY AUTO
I
EACN ACCIDENT 5
�—
I AGGREGATE S
l
I i
EXCESS LIA111"ry
APPfjQVtU
` a> .J l f I I EACM OCCURRENCE S
UMBRELLA FORM
-J
QAIL HUTTON, UI}J I",ttOIf Y i j AGGREGATE S
OTHER rr•wrUM6AQLAXOQM
_
Citv AttorneyI I s
r —
WORKERS COMPENSATION AND r _ _ r / I
tntsaru• OT.-.
! 7O C�►fITS ° �I
EMDLOYEw61Lr RS Lnr'
THE PROPRIEYORI r,
' I
ELL EACH ACCIDENT + S ^•
I POLICY S
PAM1dER5�CUTNE INCL
aDLR4E - LIMIT J
—
----
I OFFICERS ARE; ?I EXCL
Et Dt$WC • EA EMPLOYEE f 3
_ OTHER �
I
A Mgmt Consultants i. MCPL6827738
12/20/99
I 12/20/00
Ea Claim $2, 000, 000
I
I
I
Aggregate $2,000,000
OE=MPnON OF OPERATIONS&OCATIONSNGV4ICLESMPECuL CM -PAS
Deductible $5,000
CERTIFICATE'HOLDER -
CANCELLATION
CrTYOFR
SHOT: D ANY OF THE ABOV@ DESCRt9E0 POLICIES OF CAmCELLED P,EFORE TKE
City of HUntington Seach
EXPIRATION DATE THEREOF, THE ISSUING COMPANY VALL V� MAIL
Deputy City Attorney
30 DAYS VArr EN NOTICE TO THE CERTIFCATE HOLDER NAMED TO THE LEFT.
Scott F. Field, Rsq,
20DO Main St., P4 $ox 190
Hlsatiligt= Beach CAN 92648
AUTH REPRESENTA7NE
`7G r i Z41
nr, v' - TCyr+(CORUI-V Pp3G(TICN 1088
AI,G-11-202® 10:03 310e2Z6778
97% A. 01
RUG-15-2000 13r22 P-01/01
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
COMPENSATION
INSURANCE
FU N Q`- CERTIF1liAT1 OF WOAKERS';COMPENSATION-INSURANCE,,.:,x...
MAY 15 2000 '' � w � f: � ->,F "• Pt3LlCY N{9Mt3EFF .0�46850a 99
9;-
*--CERTIRCATL-E'XP1RE5:'`�:
CITY
OF HUNTING'i'Oil-':BF.AiM,
ATTU
- SCOTT F FIELD-:'ES0 DEPTY'�'�ITY:lATI'IDRVEY' ..'
"
2000
MAIN STREET
HUN'I'IHGTOH BEACH- CA`92648-
L
This is to certlfy that we. have issued a val d Workers' Compensation insurance. policy in a form approved by the California
Insurance Commissioner to theremployernarrred below for the p6hey peridd4ndlcated:-
30
This policy is not subject to cancellation by the Fund except upon Vg days' advance written notice to the"employer.
30 .
We wilt also give you -N days' advance notice should -this policy -be cancelled prior to its -normal expiration.
This certificate of insurance is not an insurance policy and does not amend. extend or alter the coverage afforded by the
policies listed herein. Notuvithstanding any requirement, term, or condition of any contract or other document with
respect to which this certificate of insurance may peraiIz,..thp Insurance:affoided:-by the policies
described herein is subject'to all the-temis;rexeluslons and coiiditigns of such policies.
AUTHORIZED REPRESENTA71m�'
EMPLOYER'S LIASTUTY `t.IM11 IHCLUDIX'G,.DtFEHSE COSTS: 91o•000, 000 Y'PER- OCCURRENCE.
ENDORSEMENT #2065 ENTITLED CERTIFICATE -HOLDERS' NOTICE EFFECTIVE
05/15/00 IS ATTACHED TO AND FORMS A -PART OF THIS POLICY.
EmPLOY!<R,
HAMILTOH RABINOVIT2. &.:-ALSCHULER.
1990 S BUHDY DR STE 777,'
LOS ANGELES CA 90025-
TOTAL P.01
AUG-15-2000 13:27 g6x P.01
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICA TION
To: Ray Silver, City Administrator
From: John Reekstin, Director of Administrative Services
Subject: FIS 2000-37 — Approve Agreement With Hamilton,
Rabinovitz, and Alschuler, Inc. for Consulting Services Regarding
Traffic Impact Fee
Date: May 10, 2000
As required by Resolution 4832, this Fiscal Impact Statement has
been prepared for "Approve Agreement With Hamilton, Rabinovitz,
and Alschuler, Inc. for Consulting Services Regarding Traffic Impact
Fee."
If_ the City Council approves this request {total appropriation
$ 37,500}, the estimated working capital of the Traffic Impact Fee
Fund at September 30, 2000 will be reduced to $929,000.
JcOn Reekstin,
Director of Administrative Services
File Notes
Office of the City Clerk
Huntington Beach, California
1AK&A
HeMIITON, RAPINCIVI-.Z & ALiCHULER, INC.
PAUL J. SILVERN P4rtner
TEL: 31G.820.3444 FAX: 310.Rzo.6778
1990 So. BIJ�I)Y DRIVE, SUITE 777, Los ANGELES. CALIFORNIA 90025
E-.MAII-; PJSMRALA@AC1L.CC)M
18
T C1 V
c H
(COO
f�j lyi 1 +0
'pe
� er`� ��°
e
(( 6
eeil k4
,Oed -0L ,
�enrre
Gail Hutton
City Attorney
May 19, 2000
OFFICE OF
CITY ATTORNEY
P.O. Box 190
2000 Main Street
Huntington Beach, California 92648
Paul J Silvern, Partner
Hamilton Rabinovitz & Alschuler Inc
Telephone
(714) 536-5555
Fax (714) 374-1590
1990 S Bundy Drive Suite 777 0
G ^I -
Los Angeles CA 90025
RE: Insurance Certificates for Traffic Impact Fee
Dear Mr. Silvern:
I am returning your company's insurance certificate for Professional Liability for
correction.
Please have your insurance agent provide the City with the correct endorsement as
reflected on the notice form from the City's Risk Management Division.
Additionally, the City has not received your General Liability insurance certificate. The
City Attorney will not be able to sign the final agreement without proper insurance
certificates.
If you have any questions, please contact me at (714) 960-8827 or Assistant City
Attorney, Scott Field, (714) 536-5662.
Very truly yours,
JOAN GIGUERE
Law Office' Manager
enc. City of Huntington Beach _ Insurance Certificate Revision(s)
Hamilton Rabinovitz & Alschuler Inc. - Professional Liability Insurance
without enclosures
c: Scott Field, Assistant City Attorney
Robert Beardsley, Director of Public Works
Jeffrey Hughes, City Clerk's Office ti
J.
CITY OF HUNTINGTON BEACH
Inter -Department Communication
TO: Connie Brockway, City Clerk
FROM: Scott Field, Assistant City Attorne 9
DATE: May 9, 2000
SUBJECT: Hamilton, Rabinovitz & Alschuler, Inc. consulting contract for
Traffic Impact Fee Analysis; compliance with Chapter 3.03,
Professional Services Ordinance
At its May 15, 2000 meeting, the City Council will consider approval of a consulting contract
with Hamilton, Rabinovitz and Alschuler. Proposals for this work were originally solicited from
the following firms:
MumFinancial
1736 Franklin Street, Suite 450
Oakland, CA 94612
Hamilton, Rabinovitz & Alschuler, Inc.
1990 South Bundy Drive, Suite 777
Los Angeles, CA 90025
R.R. Brown & Company
27555 Ynez Rd., Suite 407 =�
Temecula, CA 92591
w
David Taussig & Associates
1301 Dove Street, Suite 600
Newport Beach, CA 92660
Proposals were only received from MuniFinancial and Hamilton, Rabinovitz & Alschuler. r;
Hamilton, Rabinovitz & Alschuler has been recommended by Staff for performing this contr?ct.
SF-2000 Memos: Clerk 5-9
519i00 - p I
E
•
RCA ROUTING SHEET
INITIATING DEPARTMENT:
CITY ATTORNEY
SUBJECT:
Cons ulting_Agreement with Hamilton, Rabinovitz & k
` Alschuler, Inc. J
COUNCIL MEETING DATE:
May 15, 2000 j
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution wlexhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (wlexhibits if applicable)
Signed in full by the City Attome)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Attached
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Re ortIf applicable)
Not Applicable
Commission, Board or Committee Report If a licable
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
;RETURNED
FORWARDED
Administrative Staff
;
Assistant City Administrator Initial
-
'
City Administrator (Initial) -____
City Clerk
--
EXPLANATION _FOR RETURN OF ITEM: r
! ` /Leer �fi dza ry
'� 03 3
RCA Author: