HomeMy WebLinkAboutKIMLEY HORN AND ASSOCIATES, INC. - 2007-07-16AMENDMENT NO. 1 TO
AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY
OF THE CITY OF HUNTINGTON BEACH AND
KIMLEY-TORN AND ASSOCIATES, INC. FOR
DOWNTOWN PARKING / TRAFFIC CONSULTING SERVICES
This Amendment is made and entered into by and between the REDEVELOPMENT
AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body of the State of California,
hereinafter referred to as "Agency," and KIMLEY-HORN AND ASSOCIATES, INC., a North
Carolina Corporation, hereinafter referred to as "Consultant."
WHEREAS, Agency and Consultant are parties to that certain agreement, dated July 16,
2009, entitled "Professional Services Contract Between the Redevelopment Agency of the City
of Huntington Beach and Kimley-Horn and Associates, Inc. for Downtown Parking / Traffic
Consulting Services" which agreement shall hereinafter be referred to as the "Original
Agreement," and
Since the execution of the Original Agreement, Agency has requested additional services
from Consultant and Consultant has agreed to perform such work; and
Agency and Consultant wish to amend the Original Agreement to reflect the additional
services of Consultant and the additional compensation to be paid in consideration thereof,
NOW, THEREFORE, it is agreed by Agency and Consultant as follows:
1. ADDITIONAL WORK
Consultant shall provide such additional services as required by Agency as
described in Exhibit "A," a copy of which is attached hereto and incorporated by this reference
as though fully set forth herein.
2. ADDITIONAL COMPENSATION
In consideration of the additional services to be performed hereunder as described in
Exhibit A, Agency agrees to pay Consultant an additional sum not to exceed One Hundred
Twenty Six Thousand and no/100 Dollars ($126,000.00). The additional sum shall be added to
07-967.001 /39594 1
the original amount of One Hundred Forty -Five Thousand Four Hundred Fifty Three and no/100
Dollars ($145,453.00), for a new total contract amount of Two Hundred Seventy One Thousand
Four Hundred Fifty -Three and no/100 Dollars ($271,453.00).
REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the
Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers — — L .9
KIMLEY-HORN AND ASSOCIATES,
INC.,
By:)j n_kdi i
Sea-ine Ciande-\Ic,
print name
ITS: (circle one) Chairman/President ice President
AND
By:
1 print name
ITS: (circle one) Secretary/Chief Financial
Officer/ sst. Secretary - Treasurer
REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH, a public
body of the State of California
e
Chairman
4�j
gency Clerk
INITIATED AND APPROVED:
eeputy Executiv Director
P VED AS TO FORM:
REVIE D APPROVED:
x cutive Director
Agency Counsel
N. 4• 0
07-967.001 /39594 2
Kimley-Horn
The DTMP is being incorporated into the DTSP to create one comprehensive document to
follow and administer. The original scope of work for Kimley-Horn included two City team
meetings and one community workshop. Kimley-Horn has presented at two (2) team
meetings, one (1) community workshop, and Study Sessions for both City Council and the
Planning Commission. This Amendment spells out their required attendance at the Public
Hearings for both the Planning Commission and City Council, meetings with the California
Coastal Commission and staff meetings. The Amendment to the Kimley-Horn Agreement
also expands the original scope to include the traffic and parking studies, which include:
a. Prepare traffic analysis and model runs of Cumulative and Year 2030 peak hour
operating conditions at 24 intersections. The original proposal included eight sites;
however, to ensure an adequate traffic study for the EIR, the City requested the
additional intersections and modeling;
b. A review of downtown parking fees to create better parking utilization by ensuring
that there is adequate parking for customers at the Main Promenade structure;
c. Evaluate project network alternatives. These alternatives were expanded during
the process, including different configurations:
i. Realignment of 6t' Street between Orange Avenue and Main Street
ii. Closure of Main Street
1. From Orange Avenue to PCH
2. From Orange Avenue to PCH with cross traffic
3. From Walnut Avenue to Olive Avenue
d. Report on current parking strategies and how to assist the current parking
situation.
Professional Service Contracts
Purchasing Certification
Amendment # 1
1. Date Requested: 9/18/09
2. Contract Number to be Amended: z!�7C1) 69070 70e%
3. Department: Economic Development
4. Requested By: Kellee Fritzal
5. Name of Consultant: Kimley-Horn and Assoicates, Inc.
6. Amount of Original/Prior Contract: $132,230.00
7. Additional Compensation Requested: $126,000.00
8. Original Commencement Date: July 6, 2007
9. Original Termination Date: July 16, 2010
10. Extended Date Requested: n/a
11. Reason for Contract Amendment:
Expanded services, with additional compensation - See RCA
12.Are sufficient funds available to fund this contract? Yes ® No ❑
13. Business Unit and Object Code where funds are budgeted:
A 14,
Department Wead Signature
Central Services Manager
City ®f Huntington Beach
2000 Main Street • Huntington Beach, CA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
December 2, 2009
Kimley-Horn and Associates, Inc.
Attn: Serine Ciandella
765 The City Drive, Suite 400
Orange, CA 92868
Dear Ms. Ciandella:
Enclosed for your records isa duplicate original of Amendment No. 1 to the Agreement
between the Redevelopment Agency of the City of Huntington Beach and Kimley-Horn
and Associates, Inc., for Downtown Parking/Traffic Consulting Services.
Sincerely,
4,ta.n
yC L. Flynn, CIVIClerk
JF:pe
Enclosure
G: foltowupp: agrmtltr
Sister Cities: Anjo, Japan Y Waitakere, New Zealand
( Telephone: 714-536-5227 )
Council/Agency Meeting Held: (>�
Deferred/Continued to:
� Ap rov d onditionall Ap roved ❑ Denied
City er gnature
Council Meeting Date: 9/8/2009
Department ID Number: 09-19
CITY OF HUNTINGTON BEACH
REQUEST FOR REDEVELOPMENT AGENCY ACTION
SUBMITTED TO: HONORABLE CHAIRMAN AND AGENCY BERS
SUBMITTED BY: FRED A. WILSON, EXECUTIVE DIREC /
PREPARED BY: STANLEY SMALEWITZ, DEPUTY EXEC IVE DIRECTORS/'
SUBJECT: APPROVE CONTRACT AMENDMENTS FOR KIMLEY-HORN AND
ASSOCIATES, INC. AND RRM DESIGN GROUP FOR THE UPDATE
OF THE DOWNTOWN SPECIFIC PLAN AND PARKING MASTER
PLAN
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Transmitted for Redevelopment Agency consideration is a request for
Amendments to the Professional Service Agreement with Kimley-Horn and Associates and
RRM Design Group to provide additional requested services for the update to the Downtown
Specific Plan and Parking Master Plan.
Funding Source: There are adequate funds in the Professional Services
(30580101.69300) account.
Recommended Action: Motion to: Approve Amendments to the Professional Services
Contract Agreement between the City of Huntington Beach Redevelopment Agency and
Kimley-Horn and Associates in the amount of $126,000 for additional services and to
authorize increasing the total contract fee to $271,453 and approve an Amendment to the
RRM Design Group Agreement in the amount of $65,000 for a total contract fee of $680,574.
On June 1 both consultants agreed to the ten percent reductions requested by the
City/Agency, deducted on each invoice. Authorize the Chairperson and Agency Clerk to sign
both Amendments.
Alternative Action(s): Deny the Professional Services Contract Amendments between the
Agency and Kimley-Horn and Associates and RRM Design Group.
REQUEST FOR REDEVELOPMENT AGENCY ACTION
MEETING DATE: 9/8/2009 DEPARTMENT ID NUMBER: 09-19
Analysis: The Downtown Specific Plan (DTSP), adopted in 1983, contains provisions that
regulate land use and development standards in downtown. The Downtown Parking Master
Plan (DPMP), last modified in 2000, is an integral part of the DTSP and establishes the
shared parking concept in the downtown core. The purpose of the review and Amendment to
the DTSP and DPMP is to update and modify development thresholds established under the
most recent Amendment to the DTSP in February 2002.
RRM Design Group (RRM) was selected to develop land use provisions and urban design
guidelines that support and encourage a mixed -use development community, and prepare
the Environmental Impact Report (EIR). The City selected Kimley-Horn and Associates, Inc.
to review the traffic and DPMP while utilizing, and potentially expanding, on the "shared use"
parking concepts.
In the original proposed scope of work, RRM, Kimley-Horn, and H&A (the EIR consultant)
made assumptions regarding the number of community meetings, staff meetings and
Planning Commission/City Council Meetings, as well as studies, and required back up
documentation. However, in the course of the current update, the high level of public
participation and the complexity of the project have necessitated additional meetings at an
additional cost.
In June 2008, the Redevelopment Agency approved a First Amendment to the RRM
contract, in the amount of $97,030, to provide a specialized marketing consultant (IMG).
IMG was contracted to identify tourist and destination opportunities in the downtown and
beach areas and to review the City's existing specific event structure in relation to the City
Council's Strategic Plan. The Amendment provided for an Event Marketing Study that could
assist the City in becoming an overnight tourism destination, enhancing the economic value
to the area without exhausting the current infrastructure. The Amendment required an
additional public workshop hosted by RRM/IMG and related reimbursable expenses.
Kimley-Horn
The DTMP is being incorporated into the DTSP to create one comprehensive document to
follow and administer. The original scope of work for Kimley-Horn included two City team
meetings and one community workshop. Kimley-Horn has presented at two (2) team
meetings, one (1) community workshop, and Study Sessions for both City Council and the
Planning Commission. This Amendment spells out their required attendance at the Public
Hearings for both the Planning Commission and City Council, meetings with the California
Coastal Commission and staff meetings. The Amendment to the Kimley-Horn Agreement
also expands the original scope to include the traffic and parking studies, which include:
a. Prepare traffic analysis and model runs of Cumulative and Year 2030 peak hour
operating conditions at 24 intersections. The original proposal included eight sites;
however, to ensure an adequate traffic study for the EIR, the City requested the
additional intersections and modeling;
-2- 8/27/2009 4:38 PM
REQUEST FOR REDEVELOPMENT AGENCY ACTION
MEETING DATE: 9/8/2009 DEPARTMENT ID NUMBER: 09-19
b. A review of downtown parking fees to create better parking utilization by ensuring
that there is adequate parking for customers at the Main Promenade structure;
c. Evaluate project network alternatives. These alternatives were expanded during
the process, including different configurations:
i. Realignment of 6t" Street between Orange Avenue and Main Street
ii. Closure of Main Street
1. From Orange Avenue to PCH
2. From Orange Avenue to PCH with cross traffic
3. From Walnut Avenue to Olive Avenue
d. Report on current parking strategies and how to assist the current parking
situation.
RRM Design Group
Since the First Amendment was approved in June 2008, additional services have been
necessary to ensure the timely adoption of the DTSP incorporating the Downtown Parking
Master Plan and the Environmental Impact Report. It has been the goal throughout the
development of the plan to include ample public input. This input has been provided through
stakeholders' meetings, community meetings, and meetings with downtown residents,
property owners and developers.
The original scope of work for RRM Design Group (including the EIR) proposed three (3)
staff meetings, one (1) day of individual stakeholder interviews, two (2) community meetings,
one (1) City Council Study Session, and four (4) Public Hearings for City Council and
Planning Commission. A third community meeting was added in Amendment Number 1.
Since the project commenced, the number of community meetings has increased to four,
and three additional small group meetings were conducted. Planning Commission Meetings
could total seven (7) additional meetings, as well as coordination with the California Coastal
Commission to ensure the timely adoption of the DTSP by the City Council and Coastal
Commission.
Draft Specific Plan - In December 2008, RRM provided a public review draft which
incorporated several versions of staff comments and changes brought up during the
public outreach process. Based upon the 23 public and staff comments received,
changes to the draft document were required prior to the current June 12, 2009 Hearing
Draft being presented. The original scope had one staff draft DTSP and one public
comment DTSP. Prior to the final document being presented to the Planning
Commission and City Council for adoption, additional changes and a revised draft will
also be requested. During the Planning Commission and City Council Public Hearings, if
more changes are required, a fourth and final document will be prepared for Coastal
Commission submission. This additional work is outside of the original scope of work.
2. Additional Community Meetings — To ensure that the City received extensive public input,
three additional meetings have been conducted to review the draft DTSP's. These
-3- 8/27/2009 4:38 PM
REQUEST FOR REDEVELOPMENT AGENCY ACTION
MEETING DATE: 9/8/2009 DEPARTMENT ID NUMBER: 09-19
included small group meetings with downtown property owners, tenants, and developers.
These meetings required the use of the contingency funds for the project.
3. Due to the high level of public interest and the complexity of the DTSP, it is necessary to
increase the number of Planning Commission study sessions (from two to seven), prior to
the public hearing phase of the project. RRM will continue to coordinate with City staff,
Kimley-Horn, and the EIR consultant to prepare for, and conduct, four additional Planning
Commission Study Sessions. The additional money requested includes conference calls,
creating exhibits and related hand-outs, facilitating the meetings, and necessary follow-up
to the questions raised at the meetings. These additional study sessions will allow the
consultant team to present the Draft Specific Plan and EIR to the public for their input and
comments.
4. Due to the multiple drafts of the DTSP and EIR screen -check documents being prepared,
additional reimbursable funds will be required.
The original proposal was for $237,930, but staff was able to negotiate this amount to
$191,000, saving the City over $46,000. Staff recommends the total of $191,000 be
approved. It should be noted that on June 1, 2009, both consultants agreed to ten percent
reductions as requested by the City/Agency, deducted on each invoice.
Strategic Plan Goal:
Enhance Economic Development.
Environmental Status: An Environmental Impact Report is being generated through the
project.
Attachment(s):
-4- 8/27/2009 4:38 PM
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Economic Development
SUBJECT:
Approve Contract Amendments for Kimley Horn and
RRM Design Group for the Downtown Specific Plan
Update
COUNCIL MEETING DATE:
September 8, 2009
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Attached
❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Attached
❑
Not Applicable
Tract Map, Location Map and/or other Exhibits
Attached
❑
Not A plicable
Contract/Agreement (w/exhibits if applicable)
Attached
❑
(Signed in full by the City Attorney)
Not Applicable
❑
Subleases, Third Party Agreements, etc.
Attached
❑
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Attached
Not Applicable
❑
Fiscal Impact Statement (Unbudgeted, over $5,000)
Attached
Not Applicable
❑
Bonds (If applicable)
Attached
❑
Not Applicable
Staff Report (If applicable)
Attached
Not Ap licable
❑
Commission, Board or Committee Report (if applicable)
Attached
❑
Not Applicable
Findings/Conditions for Approval and/or Denial
Attached
❑
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
-REVIEWED
Administrative Staff
Deputy City Administrator (Initial
City Administrator (Initial)
City Clerk
RCA Author: Fritzal
W
Council/Agency Meeting Held: 'Aw 7--
DeferredlContinued to: ww-vt'��
1,App ved ❑ Conditionally Approved ❑ Denied �Q��-i° Ci Jerk' ign e
Council Meeting Date: 7/16/2007 Department ID Number: ED-07-22
CITY OF HUNTINGTON BEACH
REQUEST FOR REDEVELOPMENT AGENCY ACTION
SUBMITTED TO: HONORABLE CHAIRMAN AND AGENCY MEMBERS
SUBMITTED BY: PENEL k— E E-THDP�ECUTIVE DIRECTOR
PREPARED BY: STANLEY SMALEWITZ, DEPUTY EXECUTIV DIRECTO�
SCOTT HESS, DIRECTOR OF PLANNIN
SUBJECT: APPROVE PROFESSIONAL SERVICES CONTRACTS WITH RRM
DESIGN GROUP AND KIMLEY-HORN AND ASSOCIATES INC. TO
PROVIDE CONSULTING SERVICES FOR THE UPDATE TO THE
DOWNTOWN SPECIFIC PLAN/ PARKING MASTER PLAN
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Transmitted for Redevelopment Agency consideration are
professional services contracts with RRM Design Group and Kimley-Horn and Associates,
Inc. to provide consulting services for the update to the Downtown Specific Plan and
Downtown Parking Master Plan.
Funding Source: Redevelopment Agency Capital Projects Fund Balance (Attachment #3)
Recommended Action(s): Motion to:
1. Approve the Professional Services contract between the City of Huntington Beach
ee'Redevelopment Agency and RRM Design Group in the amount of $471,404 for preparation
�"� of the update to the Downtown Speci lc tan including an additional 10 percent contingency
S'�I� in the amount of $47,140 to fund potential modifications to the scope of work during the plan
update and authorize the Chairman and Agency Clerk to execute the agreement and
appropriate $518,544 from undesignated Redevelopment Agency Merged Capital Funds
Balance to account 30580101.69365.
2. Approve the Professional Services contract between the City of Huntington Beach
edevelopment Agency and Kimley-Horn and Associates, Inc. in the amount of $132,230 for
preparation of the update to the Downtown Parking Master Plan including an additional 10
percent contingency in the amount of $13,223 to fund potential modifications to the scope of
work during the plan update, and authorize the Chairman and Agency Clerk to execute the
agreement and appropriate $145,453 from undesignated Redevelopment Agency Merge
Capital Funds Balance to account 30580101.69365.
OR, 0:009-
o� Rm '-4'F-S16' J 4/2e LX--'0
REQUEST FOR REDEVELOPMENT AGENCY ACTION
MEETING DATE: 7/16/2007 DEPARTMENT ID NUMBER: ED-07-22
Alternative Action(s):
The Redevelopment Agency may make the following alternative motion(s):
1. Deny the Professional Services Contract between the Agency and RRM Design Group.
2. Deny the Professional Services Contract between the Agency and Kimley-Hom and
Associates, Inc.
3. Continue the item and direct staff accordingly.
Analysis:
A. PROJECT BACKGROUND
The departments of Economic Development and Planning have been directed by the City
Council to update the Downtown Specific Plan (DTSP) and Downtown Parking Master Plan
(DPMP). The DTSP contains provisions that regulate land use, development standards, and
development intensity in the downtown. The DPMP is an integral part of the DTSP and
establishes the shared parking concept in the downtown core. The purpose of the
amendment is to re -analyze and potentially modify development thresholds that were
established under the most recent amendment to the Downtown Specific Plan in February of
2002 to the original 1983 Plan. In addition to development thresholds, the City Council
directed staff to review the current DPMP and its boundaries. The amendment will analyze
areas outside the DPMP boundaries for possible inclusion within the master plan.
The planning consultant (RRM Design Group) will be responsible for developing land use
provisions and urban design guidelines that support and encourage a mixed -use
development community. The planning consultant shall work in conjunction with the
traffic/parking consultant (Kimley-Horn and Associates, Inc.) who specializes in the analysis
of parking in a downtown setting and who will be responsible for amending the DPMP. The
traffic/parking consultant will utilize "shared use" parking strategies and other innovative
approaches to regulating parking in a mixed -use development community. The DPMP was
last modified in 2000.
Staff is requesting the services of these two firms to provide the necessary level of service
and knowledge. The consultants will provide assistance in their respective fields of expertise
and will augment Economic Development and Planning staffing on the update to the DTSP
and DPMP.
-2- 7/5/2007 8:18 AM
REQUEST FOR REDEVELOPMENT AGENCY ACTION
MEETING DATE: 7/16/2007 DEPARTMENT ID NUMBER: ED-07-22
B. CONSULTANT SELECTION PROCESS
Staff solicited proposals from the following seven qualified urban planning consultants for the
update to the DTSP:
RRM Design Group Michael Brandman Associates
RTKL Nardi and Associates
Downtown Solutions David Denton AIA Architect
Carrier Johnson
Staff solicited proposals from the following seven qualified traffic/parking consultants for the
update to the DPMP:
Kimley-Horn & Assoc., Inc. IBI Group
Wilbur Smith Associates Transtech Engineers, Inc.
Walker Parking Consultants Katz, Okitsu, & Associates
Fehr & Peers/Kaku Associates
Each proposal was carefully reviewed and scored based on the criteria outlined in the RFP.
Criteria used in the evaluation of submittals included: proven track record of successfully
implementing and monitoring specific plans and urban design guidelines; proven track
record of ability to manage multiple projects with varying complexity; ability to commit key
personnel and provide in-house services; ability to meet strict deadlines; and competitive fee
schedule. After evaluating the responses and checking references, staff concluded that
RRM Design Group and Kimley-Horn and Associates, Inc. best demonstrated the ability to
provide top quality consulting services at competitive prices. The consultants were selected
by a panel comprised of Planning, Economic Development, and Public Works staff.
C. STAFF RECOMMENDATION
Based on their expertise in this field, knowledge of Huntington Beach, and understanding of
the City's request and competitive rates, staff recommends approval of the professional
services contracts with RRM Design Group for urban planning consulting services
(Attachment #1) and Kimley-Horn and Associates for traffic/parking consulting services
(Attachment #2).
Staff is also recommending that an additional contingency fund of 10 percent of the total
amount of both contracts be approved. The additional contingency fund totals $60,363 and
is necessary in the event that additional funding is needed for increases/modifications to the
scope of work of either contract. Downtown projects can be controversial and involve
several interest groups and stakeholders. The contingency fund will be available to account
for unforeseen changes to the scope of work that may result from the update process.
-3- 7/512007 8:18 AM
REQUEST FOR REDEVELOPMENT AGENCY ACTION
MEETING DATE: 7/16/2007 DEPARTMENT ID NUMBER: ED-07-22
Strategic Plan Goals:
L - 4 Create an environment that promotes tourism to increase revenues to support
community services and transform the City's economy into a destination economy.
Downtown Huntington Beach represents the heart of the tourism activity in the City
as it is situated adjacent to the beach and within walking distance of major hotels.
The services of a qualified consultant are necessary to provide guidance in updating
the Downtown Specific Plan and Parking Master Plan. The consultant will aid in the
establishment of a land use plan for reuse of critical, underdeveloped parcels so that
the next phase of downtown development can begin. The use of a consultant to
augment City staff will ensure the efficient and productive use of redevelopment
resources which will aid in the transformation of the City's economy into a
destination economy.
C - 2 Provide quality public services with the highest professional standards to meet
community expectations and needs, assuring that the City is sufficiently staffed and
equipped overall.
The chosen consultants are well respected and highly knowledgeable in their
respective fields. These firms will support staff resources in performing the update
to the DTSP/DPMP in order to assure that all necessary analysis and procedural
requirements are in compliance with all applicable State and local requirements.
Environmental Status:
Projects over which public agencies exercisE
contracting for consulting services, are
Environmental Quality Act pursuant to Section
Attachment(s):
ministerial authority, such as this agreement
categorically exempt from the California
15300.1.
Professional Services Agreement between the Agency and RRM
Design Group
2. 1Professional Services Agreement between the Agency and Kimley-
Horn and Associates, Inc.
3. 1 Fundina Source
7/5/2007 8:18 AM
ATTACHMENT #2
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE AGENCY OF HUNTINGTON BEACH AND
KIMLEY-HORN AND ASSOCIATES, INC.
FOR
DOWNTOWN PARKING / TRAFFIC CONSULTING SERVICES
Table of Contents
Scopeof Services.....................................................................................................1
AgencyStaff Assistance..........................................................................................2
Term; Time of Performance.....................................................................................2
Compensation..........................................................................................................2
ExtraWork...............................................................................................................2
Methodof Payment..................................................................................................3
Disposition of Plans, Estimates and Other Documents...........................................3
HoldHarmless.........................................................................................................3
Professional Liability Insurance.............................................................................4
Certificate of Insurance............................................................................................5
IndependentContractor............................................................................................6
Termination of Agreement.......................................................................................6
Assignment and Delegation......................................................................................6
Copyrights/Patents...................................................................................................7
AgencyEmployees and Officials.............................................................................7
Notices.........................................................................................7
Consent....................................................................................................................8
Modification.............................................................................................................
8
SectionHeadings.....................................................................................................8
Interpretation of this Agreement..............................................................................8
DuplicateOriginal....................................................................................................9
Immigration...............................................................................................................9
Legal Services Subcontracting Prohibited................................................................9
Attorney's Fees..........................................................................................................10
Survival.....................................................................................................................10
GoverningLaw.........................................................................................................10
Entirety......................................................................................................................10
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
AND KIMLEY-HORN AND ASSOCIATES, INC. FOR
DOWNTOWN PARKING / TRAFFIC CONSULTING SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and between the
Redevelopment Agency of the City of Huntington Beach, a public body of the State of
At4o ASSociATES, U4C.
California, hereinafter referred to as "AGENCY, and KIMLEY-HORNA a North Carolina
corporation hereinafter referred to as "CONSULTANT."
WHEREAS, AGENCY desires to engage the services of a consultant to provide
parking / traffic consulting services to amend the Downtown Parking Master Plan; and
Pursuant to documentation on file in the office of the Agency 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 AGENCY and CONSULTANT as follows:
1. 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 Serine Ciandella who shall represent it
and be its sole contact and agent in all consultations with AGENCY during the
performance of this Agreement.
07-967/11596 1
2. AGENCY STAFF ASSISTANCE
AGENCY shall assign a staff coordinator to work directly with
CONSULTANT in the performance of this Agreement.
3. TERM: TIME OF PERFORMANCE
This Agreement is made in anticipation of conditions permitting continuous
and orderly progress through completion of the services. The services of CONSULTANT
are to commence on ju-k� 16 , 20077 (the "Commencement Date"). This
Agreement shall automatically terminate three (3) years from the Commencement Date,
unless extended or sooner terminated as provided herein. All tasks specified in Exhibit
"A" shall be completed no later than :bj�j('ef, from the Commencement
Date. The time for performance of the tasks 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 AGENCY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein,
AGENCY agrees to pay CONSULTANT on a time and materials basis at the rates
specified in Exhibit "B," which is attached hereto and incorporated by reference into this
Agreement, a fee, including all costs and expenses, not to exceed One Hundred Thirty Two
Thousand Two Hundred Thirty Dollars ($132,230.00).
5. EXTRA WORK
In the event AGENCY 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 AGENCY.
07-967/11596 2
Additional compensation for such extra work shall be allowed only if the prior written
approval of AGENCY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
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 AGENCY, and CONSULTANT shall turn
these materials over to AGENCY upon expiration or termination of this Agreement or
upon PROJECT completion, whichever shall occur first. These materials may be used by
AGENCY as it sees fit. Any modifications made by AGENCY to any of the
CONSULTANT's documents, or any use, partial use or reuse of the documents without
written authorization or adaptation by the CONSULTANT will be at the AGENCY's sole
risk and without liability to the CONSULTANT and AGENCY shall indemnify, defend
and hold CONSULTANT harmless from all claims, damages, losses and expenses,
including but not limited to attorneys' fees, resulting therefrom.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless AGENCY, its officers, elected or appointed officials, and employees, 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) to the extent caused by, arising out of or in connection with
07-967/11596 3
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 sole negligence or willful misconduct of AGENCY.
CONSULTANT will conduct all defense at its sole cost and expense and AGENCY 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 AGENCY 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 AGENCY. 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).
B. CONSULTANT shall notify AGENCY of circumstances or
incidents that might give rise to future claims.
07-967/11596 4
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 AGENCY a certificate of insurance subject to approval of the Agency
Counsel 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. shall promise that such policy shall not be suspended, voided or
canceled by either party, reduced in coverage or in limits 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 AGENCY.
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. AGENCY or its representative shall at all times have the right
07-967/11596 5
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 AGENCY.
CONSULTANT shall 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. AGENCY 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 AGENCY 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 AGENCY,
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 AGENCY. If an assignment, delegation
07-967/11596 6
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
AGENCY shall own all rights to any patent or copyright on any work, item
or material produced as a result of this Agreement.
15. AGENCY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no AGENCY official nor any regular
AGENCY employee in the work performed pursuant to this Agreement. No officer or
employee of AGENCY shall have any financial interest in this Agreement in violation of
the applicable provisions of the California Government Code.
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 AGENCY 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. AGENCY 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 AGENCY:
Redevelopment Agency of the City of
Huntington Beach
ATTN: Director of Economic
Develompent
2000 Main Street
Huntington Beach, CA 92648
07-967/11596 7
TO CONSULTANT:
Kimley-Horn and Associates, Inc.
Attn: Serine Ciandella
765 The City Drive, Suite 400
Orange, CA 92-6W
17. CONSENT
When AGENCY'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.
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.
07-967/11596 8
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 AGENCY agree that AGENCY 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 Agency
Counsel is the exclusive legal counsel for AGENCY; and AGENCY shall not be liable for
payment of any legal services expenses incurred by CONSULTANT.
07-967/ 11596 9
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 nonprevailing 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 Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supersede all prior
07-967/11596 10
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 on JZLZ- �%�, 20P:T-.
KIMLEY-HORN AND ASSOCIATES, INC.
By:T
erin.e- Gav?de-J)a
print name
ITS: (circle one) Chairman/Presiden ice President
AND
By:
print name
ITS: circle one) Secretary/Chief Financial Office Asst.
Secretary Treasurer
REVIEWED AND APPROVED
c-'�
(P-xecuti4 Director
07-967/11596 11
REDEVELOPMENT AGENCY OF THE CITY
OF HUNTINGTON BEACH, a public body of
the State of California
APPROVED AS TO FORM:
P-e / b ZS o*7 /C'
"'Agency Counsel �`- �� �7 !�`y�� o
& • Jrr'ZQ'
INITIATED AND APPROVED:
Deputy Executiv irector
EXHIBIT "A"
DOWNTOWN PARKING MASTER PLAN UPDATE
PARKING / TRAFFIC CONSULTING SERVICES
A. STATEMENT OF WORK
The DPMP Update will involve a number of efforts. CONSULTANT will document and update
the inventory of current public and private public parking supply in the study area.
CONSULTANT will identify what changes in parking inventory has occurred since the 2000
update, and any changes in parking rates and time restrictions throughout the DPMP study area.
Parking demand throughout the study area will be measured through data collection and
observation. Counts will be taken during the seasonal summer peak demand for typical weekday
and weekend downtown operations.
The study will forecast future demand based upon land use projections and development
thresholds in the DPMP area, and develop parking management strategies. The focus will be on
current and projected parking needs based on the development thresholds outlined in the DPMP.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES
The following specific tasks will be performed by CONSULTANT
1. CONSULTANT will schedule and prepare for a kick-off meeting with AGENCY staff to
coordinate the Task 2 Data Collection efforts, discuss communication lines and protocol,
critical project milestones, and stakeholders. CONSULTANT will also discuss parking
issues and coordination with other planning efforts and obtain data and information from
the AGENCY.
2. CONSULTANT will conduct an inventory of the existing public parking opportunities by
Area and Block within the DPMP study area. In this inventory, each space will be
catalogued as on -street or off-street parking, and the different parking rates and time
restrictions will be noted.
3. CONSULTANT will document the parking demand in all parking areas of the DPMP
area, to understand not only how many parking spaces are used during peak and non -peak
times, but also where the parking demands occur throughout the DPMP area.
The following times for parking demand data collection are submitted for consideration:
4 one typical Summer Season weekday — noon to midnight
one typical Summer Season Saturday — 10 AM to 1 AM
one additional day of data collection, to be identified by AGENCY staff — 10 AM
to 12 AM.
EXHIBIT A
Data collection times and days will be discussed and finalized with AGENCY staff.
The data collection area will be expanded from the study area contained in the current
Parking Master Plan to include the beach parking lots on the ocean side of PCH from 6th
Street to 1 st Street, and the on -street parking on both sides of PCH from 6th Street to 1 st
Street
Parking demand data will be presented graphically by area to allow the reader to see, at a
glance, how parking demands build in the downtown core during a peak demand period.
4. CONSULTANT will conduct parking duration studies throughout the DPMP area. These
studies are conducted by selecting a "bank" of parking spaces in each area, and includes
documenting the length of time those spaces are occupied by each car.
5. CONSULTANT will compile all of the demand data into spreadsheets and graphs to
illustrate the average and peak demands, compare the demand with the inventoried
supply, and display the information graphically on study area maps.
6. Based upon the results of the parking demand study (i.e., does the demand exceed the
supply in a particular area of downtown?), CONSULTANT will conduct a review of
properties within the DPMP area, and identify potential sites for additional parking that
may be located within close proximity to the downtown core. This review will include a
summary of off-street private parking lots owned by downtown businesses that might be
made available through a parking agreement during their non -business hours.
7. Based upon the results of the parking demand data collection, CONSULTANT will
explore options to provide additional parking or parking management strategies such as
permit parking, additional metered parking, valet parking, parking agreements with
private property owners, or requiring new projects to provide more parking than required
by code.
8. The current boundaries of the DPMP exclude some developable parcels within District
#5. CONSULTANT will work with AGENCY staff to understand the location and
nature of the allowed land uses in these parcels, and evaluate the feasibility of modifying
the boundaries of the DPMP to include these parcels.
9. CONSULTANT will review the current parking system and the parking usage of the
system during typical and peak operating conditions. CONSULTANT will identify
existing challenges, shortfalls, opportunities, and alternatives with the parking system,
and work with downtown business owners and the public users of downtown to devise
potential solutions. CONSULTANT will do this by holding downtown parking
workshops or working sessions, which will include representatives of the Coastal
Commission, members of the Downtown Business Association, other downtown business
owners, and members of the Planning Commission and City Council.
EXHIBIT A
9A. CONSULTANT will participate in coordination meetings and discussions with the
Coastal Commission throughout the process to build consensus and seek concurrence
from the Commission on any proposed changes to the DPMP, including a meeting
early in the process to introduce the project and obtain Commission input and issues. A
total of four meetings are assumed.
10. In addition to workshops with business owners and other stakeholders, CONSULTANT
will get input from the users of the parking system by conducting one-on-one interviews
with individuals in the downtown, including visitors, employees, and business operators.
CONSULTANT will work with AGENCY staff to develop the questions for the use
survey
11. CONSULTANT will develop a database program that will allow staff to track shifts in
the land use and parking inventory after the new plan has been established. The database
will be populated with existing parking and land use data, and development thresholds.
The database will be organized so that any change to land use or parking will
automatically re -calculate the remaining development potential based on available
parking.
12. The final outcome of this process will be to document the availability of parking in the
downtown and devise innovative approaches to regulating parking in the downtown. The
resulting recommendations will be incorporated into an updated Downtown Parking
Master Plan that can be understood by all interest groups including developers, business
owners, and decision -makers.
1.3. The DPMP will be updated to reflect the analysis, findings, and recommendations.
14. A traffic study will be prepared to address the impacts of the proposed changes to the
DPMP. Current evening peak hour traffic counts will be collected on one typical
weekday and one weekend day. The study will report operating conditions at up to 8
study intersections for Existing and Existing with Project conditions, and will be
submitted to the Urban Planning Consultant for inclusion in the EIR.
15. CONSULTANT will conduct a focused observation of parking conditions surrounding
The Strand, once that development is completed and operating. As appropriate,
CONSULTANT will document notable changes in the parking demand in the area, or
changes in area parking patterns.
16. CONSULTANT will evaluate the proposed Phase I and Phase II changes to the Pierside
Pavilion development as it relates to parking, and provide a summary of the effects of the
proposed changes on the DPMP.
17. The DPMP will be re -written to address the stated objectives. CONSULTANT will
work in concert with the Urban Planning consultant who will undertake the
EXHIBIT A
preparation of an amended Downtown Specific Plan, to ensure consistency between
plans. CONSULTANT will prepare a full draft report that summarizes data,
findings, and recommendations from all of the previous tasks. CONSULTANT will
obtain consolidated comments from staff. The draft will be revised and five copies
and one digital copy of the final report will be provided. Additional copies can also
be provided, but have not been included in this proposal budget.
18. CONSULTANT will provide meeting agendas and typed summaries of meeting
notes from Project Team meetings.
C. AGENCY'S DUTIES AND RESPONSIBILITIES
AGENCY duties and responsibilities will include the need to provide necessary and relevant
documents, data, and information pertaining to downtown parking; attendance and participation
in project team meetings; and timely direction, feedback, and information to enable
CONSULTANT to proceed in the diligent completion of individual tasks
Specific products AGENCY will provide include:
o Electronic mapping of the study area;
o Recent parking data from AGENCY parking facilities, including the parking structure
and parking meters;
o Information regarding current parking facilities operated by AGENCY, including parking
lots, rates, hours of operations, seasonal variations, and other data relevant to the study;
o Excel tables and graphs from the prior Master Plan study;
o Contact names and phone numbers for downtown stakeholders, including members of the
Downtown Huntington Beach Business Association members, and other business owner /
operators of major downtown businesses;
o Information regarding size of downtown parcels, buildings, and businesses and current
usage;
o Copies of any related or relevant documents, studies, or data that will assist
CONSULTANT in the completion of the scope of services;
o Meeting facilities for Project Team Meetings
D. WORK PROGRAM / PROJECT SCHEDULE
In order for the parking data collection to be completed during the summer months, the project
must be initiated in July. The project schedule is shown on the attached chart.
EXHIBIT A
City of Huntington Beach
Downtown Parking Master Plan Update - Parking / Traffic Consulting Services
acneaute
Months
Modify DPMP Boundaries in District 5
Stakeholder Workshops
Develop Land Use and Parking Database
Develop Findings and Recommendations
Focused Observations following Strand Open
Preparation of DPMP Update
Evaluation of Pierside Pavilion Alt Dev Plans
Preparation of EIR Traffic Studv
/ Coordination
to Proceed
= Preliminary or Follow-up effort
= Primary effort
' Schedule assumes that the project will kick-off in July, and parking demand data collection will take place during the month of August.
EXHIBIT "B"
Payment Schedule
1. Charges for time during travel are normally not reimbursable and will only be paid if
such time is actually used in performing services for CITY or as otherwise arranged with CITY.
2. CONSULTANT shall be entitled to a full payment towards the fixed fee set forth
herein in accordance with the following fee schedule:
Not -to -Exceed Amount; Cost per Task
The chart below details the rates and hours assigned personnel will dedicate to the project and
each task described in the Statement of Work. Kimley- Horn and Associates will complete the
proposed work within a not -to -exceed amount of $132,230.
Rate:
$220
$190
$200
$250
$190
$90
$75
Task
Dvorak
Ciandella
VanD ke
Strauer
Melchor
Analyst
Admin
Total
Hours
Total
Cost
1
4
4
8
2
18
$2,670
2
8
8
12
4
32
$3,780
3
4
20
20
80
4
128
$14,380
4
2
12
20
2
36
$3,650
5
2
4
20
8
34
$4,000
6
4
12
4
12
4
36
$5,580
7
12
12
4
12
8
2
50
$8,390
8
2
12
16
4
4
38
$5,380
9
8
20
20
12
8
68
$9,440
9A
12
24
12
48
$8,520
10
16
16
24
4
60
$7,260
11
2
8
24
20
4
58
$6,700
12
6
20
8
16
16
8
74
$10,520
13
8
24
24
4
12
24
96
$12,440
14
2
24
40
6
48
16
136
$15,820
15
4
4
8
16
$1,920
16
20
8
4
32
$4,980
Total Hours
66
234
16
272
22
252
98
928
Total Cost
$14,520
$44,460
$3,200
$29,920
$3,300
$22,680
$7,350
$125,430
Expenses
$4,800
Traffic Count Data Collection
$2,000
of -to -Exceed Amount
$132,230
jmp/contracts group/exB-1/6/28/07 1
EXHIBIT B
Alternative #1
3. Delivery of work product: A copy of every memorandum, letter, report, calculation
and other documentation prepared by CONSULTANT shall be submitted to 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.
4. CONSULTANT shall submit to 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;
4) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
5) For all payments include an estimate of the percentage of work completed.
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
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 CITY does not approve an
invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the
schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the
parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or
until this Agreement has expired or is terminated as provided herein.
5. Any billings for extra work or additional services authorized in advance and in
writing by CITY shall be invoiced separately to 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.
jmp/contracts group/exB-1/6/28/07 2
EXHIBIT B
Alternative #1
ATTACHMENT #3
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
FINANCE DEPARTMENT
TO: PENELOPE CULBRETH-GRAFT, DPA, CITY ADMINISTRATOR
FROM: DAN T. VILLELLA, CPA, FINANCE DIRECTOR
SUBJECT: FIS 2006-07-19 Approve Professional Services Contracts with RRM Design
Group and Kimley-Horn and Associates, Inc. to Provide Consulting Services
for the Update to The Downtown Specific Plan/ Parking Master Plan
DATE: JUNE 27, 2007
As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Approve
Professional Services Contracts With RRM Design Group and Kimley-Horn and Associates,
Inc. to Provide Consulting Services for the Update to the Downtown Specific Plan/ Parking
Master Plan"
If the Agency approves this action (total appropriation $665,000) the estimated Redevelopment
Agency Merged Project Area's Capital Projects Fund Balance at September 30, 2007 will be
reduced to $2,514,000
//a
Dan T. Villella
Finance Director
CITY OF HUNTINGTON BEACH
Professional Service Contracts
Purchasing Certification
1. Date: 6/26/2007
2. Department: Economic Development
3. Requested by: Paul DaVeiga
4. Name of consultant: RRM Design Group
JUL - 2 2007
City of Huntington Beach
City Attorney's Office
5. Attach the written statement of the specification, conditions, and other requirements for the requested
services provided to solicited consultants.
6. Amount of the contract: $471,404 Y
7. Are sufficient funds available to fund this contract?' ❑ Yes ® No
8. Is this contract generally described on the list of professional service contracts approved by the City
Council?' ❑ Yes ® No
9. Company number and object code where funds are budgeted: n/a
10. Is this contract less than $50,000? ❑ Yes ® No
11. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No
12. Is this contract over $100,000? ® Yes ❑ No
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make
sure the appropriate signature page is attached to contract.)
13. Were formal written proposals requested from at least three available qualified consultants?
® Yes ❑ No
14. Attach list of consultants from whom proposals were requested (including a contact telephone number).
15. Attach proposed scope of work.
16. Attach proposed payment schedule.
Department H ignature
!{% S
L
RICHARD AMADRIL'
Purchasing and Central Services Manager
1. If the answer to this question is "No," the contract will require approval from the City Council.
LIST OF URBAN PLANNING FIRMS TO RECEIVE AN RFP
Mm •
._
.es� ras�s�.f._ errrr._r.�•T•TiTeii
Niki Arceo
Calthorpe Associates
2095 Rose St.
Berkeley, CA 94709
(510) 548-6800
Sean O'Malley
SWA Group
580 Broadway, Ste. 200
Laguna Beach, CA 92651
Boris Dramov, FAIR, FAICP / Lee Lee Brown
ROMA Design Group
1527 Stockton Street, 2nd Floor
San Francisco, CA 94133
(415) 616-9900
_ PT,
Rex Uber (Zoey)
Moule & Polyzoides
180 E. California Blvd.
Pasadena, CA 91105
(626) 844-2400
Linda Sparling
Urban Design Studio
14725 Alton Parkway
P.O. Box 57057
Irvine, CA 92618-2027
(949) 472-3467
Rex Uber (Zoey)
Moule & Polyzoides
180 E. California Blvd.
Pasadena, CA 91105
(626) 844-2400
Linda Sparling
Urban Design Studio
14725 Alton Parkway
P.O. Box 57057
Irvine, CA 92618-2027
(949) 472-3467
Client#: 6295
RRMDESIGN
ACORD- CERTIFICATE OF LIABILITY INSURANCE
06/27107°�`'
PRODUCER
Dealey, Renton & Associates
199 S Los Robles Ave Ste 540
Pasadena, CA 91101
626 844-3070
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED
RRM Design Group
3765 S. Higuera St., Suite 102
San Luis Obispo, CA 93401
INSURER A: Fidelity & Guaranty Ins. Underwriter
INSURER B: American Automobile Ins. Co.
INSURERc: Liberty Insurance Underwriters, Inc.
INSURER D: Fidelity & Guaranty Ins. Co.
INSURER E:
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE MM/DD/YY
POLICY EXPIRATION
DATE MM/DD/YY
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE 41 OCCUR
BKO1571071
09/23/06
09/23/07
EACH OCCURRENCE
$1,000,000
FIRE DAMAGE (Any one fire)
$1,000,000
MED EXP (Any one person)
$10 000
PERSONAL & ADV INJURY
$1,000,000
GENERAL AGGREGATE
s2,000,000
GEN'LAGGREGATELIMITAPPLIESPER:
POLICY X PRO- LOC
JECT
PRODUCTS-COMP/OPAGG
$2000000
D
AUTOMOBILE
X
X
X
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
BA01571113
T
AP VFM—WeRATtH,
7
,/
09/23/06
n * �
F 1t1V1
AktO
09/23/07
(�,,
C
ey vv
COMBINED SINGLE LIMIT
(Ea accident)
$1,000,000
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
AUTO ONLY: AGG
$
$
A
EXCESS LIABILITY
OCCUR CLAIMS MADE
DEDUCTIBLE
RETENTION $
BKO1571071
09/23/06
09/23/07
EACH OCCURRENCE
s3,000,000
AGGREGATE
s3,000,000
$
$
$
B
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
WZP80952103
06/30/07
06/30/08
TH-
X WCR
CYLIM f OER
E.L. EACH ACCIDENT
$1,000,000
E.L. DISEASE -EA EMPLOYEE
$1,000,000
E.L. DISEASE -POLICY LIMIT
$1,000,000
C
OTHER Professional
Liability
AEE1966780106
09/09/06
09/09/07 -
$2,000,000 per claim
$4,000,000 annl aggr.
DESCRIPTION OF OPERATIONS/LOCATIONSiVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Redevelopment Agency of the
City of Huntington Beach
Attn: Director of Economic Development
2000 Main Street
Huntington Beach, CA 92648
SHOULD ANYOF TH E ABOVE D ESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYSWRITTEN
NOTICE TO THE CERTIFICATE HOLDERNAM ED TO TH E LEFT, BUTFAILURE TODD SOSHALL
IM POSE NO OB LIGATION OR LIABILITY OF ANY KIND UPON TH E INSURER,ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
AI,UKU ZO-Z� (IlUI)1 Ot 1 #5196906/M196713 ILV u A%I%JMU %,vrcrwr' IIWIN IDOU
CITY OF HUNTINGTON BEACH
Professional Service Contracts
Purchasing Certification
1. Date: 6/26/2007
2. Department: Economic Development
3. Requested by: Paul DaVeiga
4. Name of consultant: Kimley-Horn and Associates, Inc.
JUN 2 8 2007
City of Huntington L,6ac D
City Attorney's Office
5. Attach the written statement of the specification, conditions, and other requirements for the requested
services provided to solicited consultants.
6. Amount of the contract: $132,230.00
7. Are sufficient funds available to fund this contract?' ❑ Yes E No /
8. Is this contract generally described on the list of professional service contracts approved by the City
Council?' ❑ Yes ® No
9. Company number and object code where funds are budgeted: n/a
10. Is this contract less than $50,000? ❑ Yes E No ✓
11. Does this contract fall within $50,000 and $100,000? ❑ Yes E No ✓
12. Is this contract over $100,000? E Yes ❑ No ✓
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make
sure the appropriate signature page is attached to contract.)
13. Were formal written proposals requested from at least three available qualified consultants?
E Yes ❑ No
14. Attach list of consultants from whom proposals were requested (including a contact telephone number).
15. Attach proposed scope of work.
16. Attach proposed payment schedule.
Department Hea ture ` RICH, tRU�AMADRIL
Purchasing and Central Services Manag r
1. If the answer to this question is "No," the contract will require approval from the City Council.
LIST OF TRAFFIC/PARKING CONSULTANTS TO RECEIVE AN RFP
Danika Smith
Urban Crossroads
41 Corporate Park, Ste. 300
Irvine, CA 92606
(949) 660-1994
Joel Salter
Katz, Okitsu & Associates
1055 Corporate Center Dr., Ste. 300
Monterey Park, CA 91754
(323) 260-4703
Serine Ciandella
Kimley-Horn & Associates
765 The City Dr., Ste 400
Orange, CA 92868
(714) 939-1030
Keil Maberry
Linscott, Law & Greenspan
1580 Corporate Dr., Ste. 122
Costa Mesa, CA 92626
(714) 641-1587
James H. Neal
Wilbur Smith Assoc.
2300 E. Katella Ave., Ste. 3
Anaheim, CA 92806-6048
(714) 978-8110
Steve Brown, P.E.
Fehr & Peers/Kaku & Assoc.
15707 Rockfield Blvd., Ste. 155
Irvine, CA 92618
(949) 859-3200
Griselda Smith
LSA & Associates
20 Executive Park, Ste. 200
Irvine, CA 92614
(949) 553-0666
06 / 2 1/ '22 n- 7 F1 9: F1 5 9043966137 ABERCROtIBIE INS PAGE 01
ACORD-, CERTIFICATE OF LIABILITY INSURANCE
0AT9 IM&WONYYY)
1 06/2112007
PRODUCER (904) 356-4404
'ABERPROMBXE IXSMXNC13 ,AGENCY. INC.
P. 0. BOX 5857
(904) 396-4404
JACKSONVILLE M 32247-5857
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC III
INSURED
xxxxxY-HORN Am ASSOCIATES, INC.
P 0 BOX 33068
(919) 677-2000
RALEIGH VC 27636-3068
INSVI'l64A. TRAVET-13R41 FROPERTY. dk9'd.U,
25674
INSURER w, . 4A X BEST RATING A+)
INSURERC;HMSON SPECIALTY COMPANY
INSURER F
X*Vlf �l z f AV14A
THE POLICIES OF INSURANCE LISTED BELOW HAVE: BEEN ISSUED TO THE INSORSO'NAMEDABOVE FOR THE POLICY PERIOD tNDICATED""NOTWTHSTANDING ANY
REQLARFEM51hll`, TERM OR CON[b)TION'dF ANY CONTRACTOR 07HER DOCUMENT WITH RESPE&TOVHICH THI$ aERTIPICATE MAYBE ISSUED OR MAY PERTAIN;
THE INSURANCE AFFORDED BY THE POLICIES O.ESCRIBED HEREIN 115 SUBJECT TO ALL THe fEws, EXULUSIONS AND CONDITIONS OF SUCH POLICIES;
AGUREGA7E LIM" 3HOVVN MAY HAVE'BEEN REDUCED BY PAID CLAIM$,
MR111A
LTR:TY"
OF INSLIRANCe
POLICY NfAVUR
-
DATE (=KOAA
----
umm
615NERAL LIAMILlITY
V-630-31SXj,676-TIL-06
09/01/1006
09/01/2007
D
$Doo 000
X- COMMERMALGENGRALLIABI61Y
F;l
L Ak I OCCUR
JAn`'-.E�M�
S $'-000
&r& Lt4JURY
3 1,000,000
X CONTPACrUAL LlJW.
GENI'L A00A50ATE LIMIT APPLIES PER;
T POLICY F-1 PZRIFT- 7 LOC
2,000,000
I
-ff*oucrre - cc I MOP AGG
3 2, oao,,.000
C9L
11 0001 000
AUTOMOBILE
x
UASIVN
AWAUTO
09/01/2000
09/01/2007
COMB p tN.D SINGLS LOWIT
I. 000:' oo'd
'AtL OY,MED A=S
SCHEDULED AUT0,1 )WPI{PA
OVED AS %-V� ?RM
F
OOOILY INJURY
:peruonl
X
HIRED AUTOS
NONCVVNEO AUTOS j j
4WR McGRO, City A
BODILY INJURY
PROPERTYDAMAGE
OARAGIELIAMILITY
OILY-EAACOORNT
EAACCI
AWAUTO
t
AUYO ONLY.
A
EXCESSIUMORELLA LIABILITY
ft—7 OCCUR 0
-�j PLA*AS MADE
cap-01tells-T27.-wo- a
'09/01/2006
09/0211007,
1,000"000
1,000 000
1
DEDUCTIPLE
cvm(:wc r. Lm
X :RETENTION si0000
$
A
WO EMM$ CQ=lA
L RW jr�M A"3
09/01/2006
09101/2007
EL EACH ACCIDENT
s 500,000
&W, PROPRICTORMAKYNERMXECUTUE
OFPCERIMCMDER EXCLUDED?
rye$ asev" wKior
CL, DISWI - FA M±LOYSE
S 000
.506�
S AL PROVISIONS below
Z
DESCRIPTION Of OPLIPA7MNWLOCAIION8IMtCL#WCI(OLUMONS ADDED BY ENuaRSEMENTIS PECIALFROVISIONS
F".MCT: SC DOWNTOWN VARKIM MASTER RxAN AMMWjawTc
DIRECTOR OF rcowomic: mrmopm
RVIDEVULOPIMMT AGENCY OF TuE cITy ()p
STJMTN(;TON SEACE
2000,MAIN STRZET
*14OUL0 ANY OF T)ig A6QVE 0980A)"D POLMIM 08 CAnC&LEDAEFORs Twp
fiXPfRA`r0W DATE Tmootaor, "a moNo imsocR You maAA'V0'R TO MAIL
jg�-- DAYS wwrrm Nome ro YuiE criRrimicAn I iowtR NAMED TO T-4`15 L.9117, uLtT
FAILURSTO DO 801HALL IWOSR NO
,,"LIGATION OR LIA!ftm OF ANY KINiD UPON THE
I DATMM!OwyyyY)
ACORD- E 1,CERTIFICATE OF LIABILITY INSURANCE 612i/07
PRODUCER
THIS CERTIFICATE IS ISSUED ASA MATT R OF INFORMATIO E N
BB&T Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
7823 National Service Road
ALTER THE COVERAGE AFFORDED BY THE:POLICIES BELOW.
2nd Floor ---I
Greensboro, NC 27419 'INSURERS AFFORDING COVERAGE NAIC #
Kimley-Horn and Associates Inc.
3001 Weston Parkway
PO Box 213068
Raleigh, NC 27636
THE POLICIES OF sNSURMNCE.USTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAVEDABOVE FOR THE POLICY PERIOD INDICATED1,NOTWiTHSTANDING
ANY k1COUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 70 ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES., AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID.CLAIMS,
INS R
LIN
ADD
NSA
TYPE OF INSURANCE
POLICY UUMBER-
POLICY EFFECTIVE POLICY,EXPIRATION
LIMITS
GENERAL
LIABILITY
COMMERCIAL GENERAL LIABILI I TY
CLAIMS MADE E26CCUR
EACH OCCURRENCE
S
" SE ,
3,A 1TD ,AGERENTED
:S 4a
-E
MEDEXP (An oneperSoi)
S
PERSONAL 6 AOV INJURY
S
OFNERALAGGREGATE
5
GEN'L AGGREGATE
17 POLICY:71
LIMIT APPLIES PCR
MT 17 LOC
PRODUCTS COMPtOP AGG:
$
AUTOMOBILE LIABILITY
'ANYAUTO
ALLOWNED AUTOS
SCHEDULED AUTOS
HIREDAUTOS
NCN,DWNED.AUTOS
EDA
S�
f /
ZFVE G
C
0 FOR"
Tj OM4
H, Ci omey/
COMBINED SINGLE LIMIT
(E4 awdent)
somy INJURY
(Par oism)
13001LY INJURY
PROPERTY DAMAGE
IC,WGE
LIABILITY
'ANY AUTO
AUTO ONLY -.EA ACCIDENT
S
OTHER THAN EA ADD
AU I'D ONLY; AGG
S
EXCESSIUMBRELLA LIABILITY .
OCCUR El CLAIMS MADE
DEDUCTIBLEI
RETENTION S
EACH OCCURRENCE
$
AGGREGATE
WORKERS COMPENSATION AND
EMPLOYERStLIA811LITY.
,ANY PROPRIETORIPARTNER/EXECUTIVE.
OFFICERVEMSER EXCLUDED? �
SPECIAL PROVISIONS t*,)W
T NIC IS T�ANTI TU
E.L EACH ACCIDENT
5
EsL-DISEASE-,- EA EMPLOYEE
$
EL. DISEASE POLICY -LIMIT
S
A
OTHER Professional
Liability
6517215
12/09/06 12/09107
$2,000,000 Per Claim
$2,000,000.Aggreqate
DESCRIPTION OF OPERATIONS] LOCATIONS I•VEHICLES f EXCLUSIONS ADDED: BY ENDORSEMENT. I SPECIAL PROVISIONS
SC - DowntownPiieking Master Plan. Amendment
Redevelopment Agency of the
Cfty,of Huntington Beach
2000,Main Street
Huntington Beach; CA 92684
ORD 25 (2001/08) 1 of 2
SHOULD�ANY.& THE ABOVE DESCRIBED POLICIES BE CANCELLED. BEFORE, THE EXPIRATIO
DATE THEREOF, THE ISSUING INSURER WILL . ENDEAVORTOMAIL DAYS WRITTEN.
NOTICE TO THE CERTIRCATE HOLDER NAMED T , 0 THE LEFT, BUT FAILORETO 00 -SO SMALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANYKIND UPON THE INSURER, ITS AGENTS OR
19BE
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate, does not confer rights to thecertificate , holder in lieu of such endorsomelnt(s).
If SUBROGATION IS WAIVED, subject to the,terms and conditions of the policy, certain policies :may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder 'in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the Issuing insurer(s), authorized representative or producer, and. the certificate holder-, %nor does it
affirmatively or negatively I amend, extend or alter the coverage: afforded by thepolicies listed thereon.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
July 19, 2007 JOAN L. FLYNN
CITY CLERK
Kimley-Horn and Associates, Inc.
Attn: Serine Ciandella
765 The City Drive, Suite 400
Orange, CA 92868
Dear Ms Ciandella:
Enclosed for your records is a duplicate original of the Professional Services Contract
between the Redevelopment Agency of the City of Huntington Beach and Kimley-Horn
and Associates, Inc. for Downtown Parking/Traffic Consulting Services.
Sincerely,
Joan L. Flynn
City Clerk
JF:pe
Enclosure: Agreement
G:followup:agrmtltr
(Telephone: 714-536-5227 )