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HomeMy WebLinkAboutSam Schwartz Engineering, DPC - 2021-09-07 fil019e6VED 9 -D City of Huntington Beach File #: 21-584 MEETING DATE: 9/7/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Sean Crumby, Director of Public Works Subject: Approve and authorize execution of a Professional Services Contract with Sam Schwartz Engineering. DPC for the City's Mobility Plan: and, approve appropriation of funds Statement of Issue: The Public Works Department seeks to secure a consulting firm that will help the city develop a City Mobility Plan. This Mobility Plan will help the City plan the future of our transportation system to best serve the residents, workers, businesses and millions of visitors who will travel within Huntington Beach. The consultant selected for this project will use industry best practices and develop concrete actions for the City to evolve from our existing mobility system to one where we will best integrate new technologies and maximize use of infrastructure and public space. This work will result in both short-term and long-term recommendations to address mobility gaps across the City. Financial Impact: After coordinating a comprehensive Request for Proposal (RFP) process, Sam Schwartz Engineering was identified as the recommended firm to help the City develop its mobility plan. The recommended contract cost for this effort is $323,000, and funding is available in the Infrastructure Fund undesignated fund balance. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute, "Professional Services Contract Between the City of Huntington Beach and Sam Schwartz Engineering, DPC for the City's Mobility Plan.' in an amount not to exceed $323,000; and, B) Appropriate funding in the amount of$323,000 from the Infrastructure Fund undesignated fund balance to account 31485201.69365. Alternative Action(s): Do not authorize the proposed contract and forgo the City's Mobility Plan. J ty d a.......q•o, Beach Page 1 of 2 Printed on 9012021 File #: 21-584 MEETING DATE: 9/7/2021 Analysis: On April 19, 2021 , the City advertised a Request for Proposals (RFP) to develop the City's Mobility Plan. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code and three (3) proposals were received. In accordance with qualifications- based selected procurement per the Federal "Brooks Act," State SB 419, and the City of Huntington Beach Municipal Code Section 3.03 "Professional Services," the Public Works Department established a review board. Each firm submitted a proposal indicating their category of expertise. Proposals were then evaluated and ranked by the review board. Staff negotiated the scope and price with the top ranked firm, Sam Schwartz Engineering. Schwartz is at the forefront of the industry in applying innovative, data-driven analyses to understand how the existing transportation system can be enhanced through emerging technology. The team has local and national experience in creating an actionable plan and providing implementable roadmaps that integrate traditional transportation modes with new mobility technologies and service models. Their past work includes Seattle DOT New Mobility Playbook, City of Los Angeles Urban Mobility in a Digital Age, and City of San Jose's Emerging Mobility Study, Access, and Mobility Plan. Environmental Status: Not applicable. Any projects in the future will comply with all environmental laws (including CEQA) and have details presented with those actions. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. RFP Award Analysis 2. Professional Services Contract between the City of Huntington Beach and Sam Schwartz Engineering, DPC for the City's Mobility Plan 3. Certificate of Insurance City of Huntington Beach Page 2 of 2 Printed on 9112021 Powe,054 Leamtar'• PROFESSIONAL SERVICES CONTRACT BETWEI-N1 THE CITY OF HUNTINGTON 13EACI-I AND SAM SCH`vVARTZ ENGINEEE'RING, DPC FOR IMOBILITY INIPLEMENTA"IION1 PLAN THIS AGREEMENT (°Agreement") is made and entered into by and between the City of I-luntington Beach, a municipal corporation of the State of California. hereinafter referred to as "CITY." and Sam Schwartz Engineering, DPC. hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services ol' a consultant to create a Mobility Implementation Plan: and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with: and CONSULTANT has been selected to perform these services, NOW. THERI"FORE. it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICE'S 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 Joe lacobucci who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 21-10134R636I4r I of 12 3. TERM. TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on AI02�t_ (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 three years 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 CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Three Hundred Twenty Three Dollars ($323,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 21-10134263614r 2 of 12 7. DISPOSITION 01, 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 oflice notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY. and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. S. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend. indemnify and hold harmless CITY. its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims. damages, losses, expenses, judgments. demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged 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 CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 13. To the extent that CONSULTANT performs "Design Professional Services' within the meaning of Civil Code Section 2782.8. then the following Hold Harmless provision applies in place of subsection A above: 21-1013ac63ei4r 3 of 12 "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, 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 that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However. notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business. CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, includine the duty and the cost to defend. is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE-' CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage far CONS ULTANT's professional liability in an amount not less than One Million Dollars (SI..000,000.00) per occurrence and in the aggregate. "The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance 21-10134063614r 4 of 12 policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. 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 CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period ol'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 perlbnmed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid fur its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnity the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE Of- INSURANCE Prior to commencing performance of the work hereunder. CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy- B. state that the policy is currently in force: and 21-10134e636[4r 5 of' 12 C. shall promise that such policy shall not be suspended. voided or canceled bN 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 wort: under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense. hold harmless and indemnification oblications as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall 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 OP AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the 21-10134n63614r 6 of 12 event of termination, all finished and unfinished documents, exhibits. report, and evidence shall, at the option of CITY. become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of,CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. C013YRIGI-1"TS/PA1'EN'I S CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEE'S 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. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULT.ANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices. certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: 21-10134n-63614t 7 of 12 TO CITY: "1-0 CONSULTANT: City of Huntington Beach Sam Schwartz Engineering, DPC ATTN: Ken Dills ATTN: Joe lacobucci 2000 Main Street 322 Eighth Avenue, 5Ih Floor Huntington Beach. CA 92648 New York. NY 10001 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION 1-IEADINGS 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 ofreference 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 21-1013426361Jr 8 of 12 neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law. and wherever there is any conflict between any provision contained herein and any present or future statute. law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL_ The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall; irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IM\11GRA"PION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Hutabigron Beach C'iq, Charter Section 309, the City Attorney is the exclusive legal counsel for CITY: and CITY shall not be liable for payment of any legat services expenses incurred by CONSULTANT. 21.1013dR63614r 9 of 12 24. ATTORNEY'S rlil--S 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 -I-his Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify- CITY fully for any injuries or damages to CITY in the event that such authority or power is not. in fact, held by the signatory or is withdrawn. 28. 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 arc 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 21-10134n63614r 10 of 12 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 understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. 21-Iln,4P_636]4r 11 of 12 CONSULTANT, SAM SCHWARTZ ENGINEERING, DPC CITY OF HUNTINGTON BEACH, a municipal co ration of the State of Calif rni fay: Tn<ppppal ?Ar06✓�ci Mayor print name ITS: (circle one cm ^A" MAC A&4dL AN 1) City Clerk By: INITI D APPRO� print name ITS: (circle one)Secrctary/Chief Financial Officer/Asst. Director o Public W s Secretary-Treasurer IEW nND 7 City Manager APPROVED AS TO FORM: ,ty Attorney 21-10133/263614r 12 of 12 EXHIBIT "A" A. STATEMENT 01 WORK: (Narrative of work to be performed) The Consultant shall create a Mobility Implementation Plan to help prepare for and shape new mobility options that meet the mobility needs of all people who live in, work in. and visit Huntington Beach, and is well integrated with our sustainable transportation system. The deliverables include: establishment of an advisory group, transportation assessment and future projections, development of a Mobility Implementation Plan, proposed regulatory strategy, and public engagement approach. B. CONSUL-TANT'S DUTIES AND RESPONSIBILITIES: See Attached C. CITY'S DUTIES AND RESPONSIBILITIES: Furnish any and all relevant plans. studies. documents, or drawings to the CONSULTANT D. WORK PROGRAM/PROJI..:CI' SCI-1EDU1_E: As proposed in the final proposal. EXHIBIT A EXHIBIT "B„ Payment Schedule (Hourly Payment) A. Flourlv Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: "SEE ATTACHED 13. Travel Charges for time during travel are not reimbursable. C. Billing 1 . All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to 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 monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed. C) Show the total amount of the payment due: D) Include a certification by a principal member of CONS ULTANT's firm that the work has been perforated in accordance with the provisions of this Agreement: and E) 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. EXH1131T "A" A. STATEMENT OP WORK: (Narrative of work to be performed) The Consultant shall create a Mobility Implementation Plan to help prepare for and shape new mobility options that meet the mobility needs of all people xvho live in, work in, and visit Huntington Beach, and is well integrated with our sustainable transportation system. The deliverables include: establishment of an advisory group, transportation assessment and future projections, development of a Mobility Implementation Plan, proposed regulatory strategy, and public engagement approach. 13. CONSULTANT'S DUTIES AND RESPONSIBILITIES: See Attached C. CITY'S DUTIES AND RESPONSIBILITIES: Furnish any and all relevant plans, studies. documents, or drawings to the CONSULTANT D. WORK PROGRAM/PROJECT SCHEDULE: As proposed in the final proposal. EXI-IIBIT A Exhibit 1: Task 1 Advisory Group Topics by Meeting Meeting Potential Agenda Kickoff Meeting y" �J Share project goals and City vision for mobility, present overview of tasks and deliverables that will require Advisory Group input G� Engagement and Existing Conditions Review and provide feedback on public outreach approach, review and discuss transportation assessment and future projects Curb Management and EV Pilot Review and discuss curb management slide deck and draft list of short- and long-term actions; review and discuss pilot program pro- posal for EV charging network Draft Plan �} Review Plan outline and Draft and provide feedback 0 0 N N r O N d Sam Schwartz I Methodology 02. Methodology Task 1: Mobility Implementation Plan To assure that the right course is established Advisory Group from the outset of the project, and through- Moving forward in lockstep and creating a out its duration, the consultant team will use common understanding of how the existing the first Advisory Group meeting to conduct a City goals will manifest through the Mobility Framing Workshop. The Framing Workshop Implementation Plan is imperative. As such, will determine the breadth of agency goals and the consultant team will work with City staff expectations and establish how they will be to form the Plan Advisory Group to review and communicated throughout the project.We will provide feedback on the Plan development use the Framing Workshop to review existing and final deliverables.The project team, led City goals,project guidelines,and checkpoints by Toole Design, will convene key City staff and to assure that a comprehensive communica- and Huntington Beach stakeholders as the tion plan is established.The Framing Workshop Mobility Implementation Plan Advisory Group was key to successful emerging mobility projects to ensure that development of the Mobility (including City DOT clients in Seattle, Miami, Implementation Plan is integrated closely with i Los Angeles,and San Jose);we will utilize this City goals and community needs. approach to frame the Ivey issues and constraints at the outset of the project. Members of the Advisory Group will be deter- mined in collaboration with City staff.To enable ! Four additional 6o-go minute Advisory Group in-depth conversations,we recommend no more will be held a key milestone throughout the than ro representatives. Potential members project in order to provide critical feedback on could include: the Plan and key deliverables. Meeting can be > Representative from the Department of conducted via Zoom or in-person if public health Public Works guidelines allow.All materials will be provided at least 48 hours in advance of each meeting to > Representative from the Huntington Beach I allow Advisory Group members to review draft Police Department deliverables in advance.For those who cannot > Representatives from key historically under- attend the meeting or would like to give addi- tional input, an online feedback form can be served communities or SB S35 disadvantaged i provided to capture additional comments. communities like Oak View > Representatives from transportation advo- A potential agenda for Advisory Group Topics is cacy groups like the Orange County Bicycle included in Exhibit r on the next page. Coalition, Orange County Transportation Deliverables: Authority j » Facilitation of Framing Workshop and up to > Private new mobility service providers offer- 4 city staff advisory group meetings ing shared, micromobility and/or delivery »A city staff advisory group meeting plan services and schedule for up to 4 meetings, includ- > Representatives from additional local ing format and prepared materials for groups and organizations with an interest in review by the advisory group o mobility needs like the Huntington Beach Downtown Business Improvement District or » Meeting notes for all city staff advisory o the Huntington Beach School District group meetings N d Sam Schwartz I Methodology 2 Task 2: Transportation Assessment and of Cities, and OMF), to gather and record a vari- Future Projections ety of stakeholder viewpoints relating to this We will utilize the Framing Workshop in Task research.To that end,we anticipate holding i to customize our approach to Task z.Task 2 is a two-hour workshop with City and Advisory broken down into two subtasks that will estab- Group representatives, and follow-up with a digi- lish a baseline (Task za) and then proceed with tal survey,to solicit their thoughts and additional the Transportation Assessment (Task za).This data sources to inform this work.If available, approach has been successful in previous engage- we'll gather feedback from the wider community ments while allowing for a customized approach through activities in Task 7 and/or other com- for Huntington Beach. pleted City planning efforts. Task za Existing Conditions/Baselining:In order Task zb Transportation Assessment:Once the to provide a plan on where Huntington Beach I consultant team establishes the existing con- needs to go in the future, first we have to estab- ditions/baselining,we will study the operating lish the existing conditions.The consultant team potential for new mobility services to serve resi- will review existing plans, policies and mobil- dents,workers,and visitors.We will identify how ity options in the City as well as the resources these services will serve as a primary component identified in the RFP, including the Seattle for access and circulation through the City and New Mobility Playbook, Urban Mobility in a key regional corridors.This analysis will be done Digital Age, Harnessing the Future of Mobility, utilizing both qualitative, quantitative measures An Urban Agenda for Autonomous Vehicles for based on market trends, spatial design con- specific areas that can be applied to the approach straints, and temporal considerations. for this project.The consultant team has created two of these documents and has already con- Sam Schwartz will perform quantitative anal- sidered the other documents as part of previous yses and modeling to understand the potential engagements allowing for a simplified process. In markets for new and emerging modes to enhance addition, the consultant team also recommends access and optimization in Huntington Beach NACTO Blueprint for Autonomous Urbanism, and create greater connectivity in the region. Driverless Future,and Urbanism Next:A These analyses will be performed to identify the Framework for Shaping the Development of impacts and potential of shared mobility and Autonomous Vehicles and Advancing Equity the interaction with the public transit network. Outcomes which had involvement from core Analytical approaches will include the following: team members.Additionally, this task will oi. Impact Analyses to understand consumer include research on current best practices in the choice and estimate the potential market US and international; focusing on both practical partnerships and emerging Mobility as a Service for(a) current shared mobility services (Maas) Programs in Finland.The consultant (carshare,bikeshare, scooter-share,ride-hail, team will create a detailed index of the relevant public and private mass transit), (b) future data and themes that will contribute to develop i mobility services (connected autonomous vehicle platform companies), (c)goods/food ing the Transportation Assessment in Task zb. services and (d) identify the impacts of elec- Data and publications can only reveal so much of trification. o Huntington Beach's mobility story—inevitably, oz. New Mobility Service Analyses will be there will be data or knowledge gaps that our conducted to understand the impacts of oteam will need to close.We will work with stake- emerging modes and how they correspond holders, including City staff and the Advisory with City goals.This will be performed a Group,as well as other resources available to the utilizing tools that we developed for the consultant team (i.e. NACTO,National League City of Seattle and have updated for other Sam Schwartz I Methodology 3 clients'in Miami,San Jose,Los Angeles,and SCAG,Caltrans,LA Metro) for additional data,if Cambridge,MA.The consultant team will applicable. provide both aggregate conclusions as well Deliverables: as a series of pointed analysis (e.g.,beach » Existing Conditions Memorandum (for and Pacific Coast Highway impacts) through inclusion in the Transportation Assessment quantitative analysis and vignettes that Memorandum) brings issues to life. 03. Infrastructure Assessment Plan will address »Transportation Assessment Data Request the needs relating to both (a) incumbent » Draft and Final Transportation Assessment infrastructure(roads,bike lanes,transit Technical Memorandum hubs)and (b)digital infrastructure to facil- » Model files(excel or tableau) itate the types of mode choice and activity goals that align with City goals as well as Task 3: excluded per City's request the impacts,potential for transit service integration,and changes to transportation Task 4: Mobility Implementation Plan infrastructure(e.g., mobility hubs,MaaS The team will develop the Mobility applications.This work will build on our Implementation Plan.In the planning process, current experience supporting Cavnue in several documents will be developed. designing the first CAV corridor in Detroit. Our Approach will build on previous mobility Task 4a MIP Matrix and MIP Outline:The proj- projects where we have helped clients achieve ect team will first create a MIP Matrix based a vision for emerging mobility and create on a combination of elements, including anal- newa framework in which this vision helps achieve input and Y�in Task i,stakeholder and community other meaningful goals,as we did in partnership scope The matrix swill identify specific trans-from the other tasks in portation modes and technologies that hold Sam Schwartz the most promise shift from driving alone to worked with sustainable modes(walking,biking,transit,and SDOT to develop carpooling)and identify how each mode serves NEW MOBILITY N EW O K the New Mobility the principles identified in the RFP,including Playbook,which Safe and Active Transportation,Reliability and is created an Efficiency,Community Character and Vitality, y � _ actionable plan Connectedness and User Friendliness,and ri Climate Resilience and Environmental Health. for emerging mobility and was The matrix will include an evaluation on pilots responsible for and programs in short-term (e.g.,pilot projects launching several or low-cost improvements that are under the pilot projects. City's control)as well as long-term (e.g.,those ddw requiring capital investment,greater regulatory review,longer technology lead time,or signifi- ""_`;,", f� cant funding),considering potential impact vs. ease of implementation.The MIP Matrix will be created a few months into the project and serve o as a living document that will evolve through The project team will work with City staff and ry the process.The final version will be reviewed identify all required data sets for this analysis ° and will be prepared to leverage our existing rela- tionships with the advisory team along with an outline of tionships with other governmental partners(e.g., the MIP and approved prior to the creation of the MIP. Sam Schwartz I Methodology 4 Task 4B MIP:Building directly from the matrix I The team will work with the City to create a and outline,we will draft an implementation I conceptual framework and rationale for amend- plan that provides a clear and realistic roadmap ing key regulations. Sam Schwartz and Windels based on the specific geographic, regulatory, Marx will build on similar work including trans- and community context of Huntington Beach. formative regulatory frameworks,the LADOT For each proposed mobility solution we will I Taxi and FHV Study and the King County detail the legislative, funding, right-of-way,and Regulatory Framework as part of the Seattle New time requirements required to implement it in Mobility Playbook, where they prepared regula- Huntington Beach,potential funding sources, tory strategies to integrate new modes into a zest benefits and challenges (including equity and I Century Framework.Windels Marx will play a other community impacts), how it integrates significant role,bringing experiential and legal with or replaces existing transportation options, background related to all project tasks as well as case studies (highlighting Huntington Beach's a wealth of best practices knowledge. peer cities wherever possible), and narrative on Deliverables: why it is deserving of further consideration by » Regulatory Strategy and Conceptual the City for potential implementation.The MIP I Framework Memorandum will be a graphic reach document that will com- municate the findings to a variety stakehold- ers. ofTask 7: Public Engagement Approach Contents of the MIP are included in Exhibit 2. I Our team believes in creative, multi-stakeholder D Industry: Specifications for agreements with approaches to problem solving with a healthy and requirements for private mobility provid- ; dose of"radical collaboration"between public, ers. Leveraging of private development private,and individual stakeholders and users. D City: Policy and regulatory opportunities This requires a combination of r) in-person indi- vidual stakeholder/group interviews, z) curated 9 Community: Community and CBO- led engaging public open houses, and 3) anonymous initiatives and partnerships. Marketing or surveying and/or web-based feedback(which can educational efforts be combined for maximum participation given differing personality types and appetite for par- Dellverables: j ticipation). » MIP Matrix and Outline MIP Final Plan The public engagement approach will ensure the public is engaged during the development MIP Technical Memorandum-Mobility and implementation and will clearly identify Implementation Plan how improvements will meet community needs and achieve community support.The team will Task S: excluded per City's request ; utilize tools and a format that allow for both Task 6: Proposed Regulatory Strategy in-person and virtual engagement so that resi- Innovations in the transportation landscape are dents, workers, fleet owners, visitors, and other increasingly blurring the lines between modes. community members are informed of the plan. Therefore,any framework for regulating incum so bent vehicles and new mobility vehicles needs you will deliver the plan early in the projectu are able to act on the plan and engage the to be both nimble and insightful,to be adaptable yo in an ever-changing transportation environ- Public. Our team will if desired. able to support on public o engagement events, ifdesired. o ment. Furthermore,such a framework needs to be grounded in contexts that meet stakeholder I Deliverables: goals and expectations as well as the best prat- » Technical Memorandum: G tices of existing regulations from peer cities. Engagement Plan Sam Schwartz I Methodology 5 Exhibit 2: The Mobility Implementation Plan Background Chapter that includes a description summary and visualizations from i Task 2 deliverables to provide context for the key strategies and actions that are included in the Plan. Data Assessment Chapter: brief chapter of the relevant data sources that current- ly exist and were used for Task 2 analysis (i.e. curb management study) and univer- sal data requirements and mobility data specifications Regional strategies and actions Chapter that support new mobility options and transportation electrification quickly and in a way that supports community goals. > Actions Matrix shall include a detailed description with the expected time- frame for beginning and completing the action (short, medium and long-term), and key stakeholders (and roles) for implementing the action > Obstacle and Risk log including measures to reduce, manage, and mitigate i potential barriers. > Strategy Matrix including a brief description and relative ranking of each strat- egy or action in relation to the evaluation criteria listed in the MIP Matrix. I > Phasing strategies including intermediate steps and enabling actions needed in the short term to prepare for implementation of the long-term strategies > Key Actions List that the City may need to take/pursue to enable implementa- tion of the strategies and actions in the Plan. I Talking Points and Communication Chapter for communicating the Mobility Implementation Plan to other City staff and/or the general public. i 0 0 N N r N a Sam Schwartz I Methodology EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: "SEE ATTACHED 13. Travel Charges for time during travel are not reimbursable. C. Billing I . All billing shall be done monthly in Fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide. at a glance. the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to 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 monthly payment due. Such invoice shall: A) Reference this Agreement: B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of' CONSULTAN'T's firm that the work has been performed in accordance with the provisions of this Agreement: and E) 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 unreasonabh, 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. Am' 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. ram. ..w.. .... ....r. a r. se. ti �r ��. i rr YW� 'Rh.k has b..n ntaln.d 4.Y le,"IC.that[.h tw uWlz.E on,n.:-n..E.0 basis San Sthw I cost o.000sal - AC"a CERTIFICATE OF LIABILITY INSURANCE DATEM.MMDDfIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. 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 confor rights to the certificate holder In Ileu of such endorsement(s). PRODUCER CD rACT Marquis Professional Risk at+orle 't FAx 485A Route 1 South, Suite 240 v.EAU' 732-243-1300 IA+c No 973-zz7-4026 Iselin NJ 08830 EMAIL Ess� certlficaterequest[av)marqulspro.com INSURERiS)AFFORDING COVERAGE NAIC0 INSURER A: RLI Insurance Company 13056 INSURED SAMSCHW-01 INSURER B: SlarSlone Specially Insurance Com aany 44776 Sam Schwartz Engineering, DPC Sant Schwartz Consulting, LLC INSURERC: 322 Sth Avenue, 5th Floor INSURER D: New York NY 10001 INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER:2039568344 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, 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 ALI. THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRI W— BR POLICY EFF POLICY EXP L TYPE OF INSUMNCE YNDPOLICY NUMBER Mh DD iM D LIMITS A X I DONIMERCUM-GENERALLIAHILITY Y Y PSB0004108 10/10.020 10/12021 _FACHOCCURRENCE $1.000000 CLAIMS I.IADE M OCCUR PREEI ES(Ea 7TL� _PREI.IISES(Ea pcculenrn)_ $1,000,000 hIED FJ(P Wry.person) $10.000 PERSONAL B ADV INJURY $1,000,000 GENL AGGREGATE LIMIT A-PLIES PER: GENERAL AGGREGATE $2,000,000 POLICYa PRO 0toe PRODUCTS-COMP/OP AGG 52,000,030 01HER: I I I $ A RMOaAMELIARRITY Y Y PSAGGOIS98 IOM1202.0 10/1/2021 CCMaINEO SIN ELIMIT S1,D00,000 NYUTOBOOILYWJURY(Porpe,.) S OAYNEOSCHEDULEDlliesONLY AUTOS BODR er a c) (V INJURY Pmd I $ NON.GVYNED PROPERTY DAMAGE $ DIOS ONLY _ AUTOS ONLY (per scefNmn S A UM°RELLAUAD X OCCUR Y '! PSE0002169 10/11202G 10/l/2021 EACHOCCURRENCE S5,000,000 R — E84581210ALI 5f4/2021 10/1/2021 X EXCESS LIAR _ CWA1S�1.1ADE AGGREGATE $5,000,000 DIED RETENTIONS EXr i liml sSimiSim A WORKERS CONYF.NSATION PSVV3002818 10/1f2020 10M12021 X PER OTH- ANDEMPLOYERS'LIABILITY STATUTE ER AXYPROPRIFR1RPARTNERIeXECDTIVE Y-- E.L MACH ACCIDENT $1.000.000 OFPICEBINFMaEREXCLUDED) ❑ NIA IMA".Iory In Nil) E.L.DISEASE-EA EMPLOYE S1,000,000 Dy-S deKdEa OFF DESGLRIPRON OF OPERATIONS bolvx E.L OISEASE-POLICY LIMB 51,000,000 A Ro(assiorW112 fy Y ROP0041150 10/12020 lIV111021 Per palm 2.000,000 PdlvJm lUMilY Aggregate 5.000.000 DESCRIPTION OF OPERATONS I LOCATIONS/VEHICLES (ACORD 101,Additions]Remuka Schedule,maybe alinched If more space Is teoulrodl The City its officers,elected or appointed officials,employees,agents and volunteers are Included as additlonat Insured on a primary and non-contributory basis limited to General Liability as required by mitten Contract. APPROVED AS TO FORM AEL EAEL UF%I c- CERTIFICATE HOLDER CANCELLATION TINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Huntington Beach Huntington Beach AUTHORnEDREPRESENTATIVE Huntington Beach CA 992647 CrJ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 184 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: City Mobility Plan SERVICE DESCRIPTION: The Consultant will create a Mobility Implementation Plan to help prepare for and shape new mobility options that meets the mobility needs of all people who live in, work in, and visit Huntington Beach, and is well integrated with our sustainable transportation system. The deliverables include: transportation assessment along with future projections, development of a Mobility Implementation Plan, proposed regulatory strategy, and public engagement approach. VENDOR: Sam Schwartz Engineering, DPC OVERALL RANKING: 1 out of 3 SUBJECT MATTER EXPERTS/RATERS: 1. Director of PW, 2. Deputy PW Director— Transp&Eng 3. Deputy Director Community Development 3. Transportation Manager I. MINIMUM QUALIFICATIONS REVIEW Written Proposal Score: 87% VENDOR NAME—Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Compliance w/RFP 44 50 Project Understanding 103 125 Qualifications 119 125 Background/Experience 46 50 Cost 97 125 References and Background 17 25 Total 426 500 II. DUE DILIGENCE REVIEW Sam Schwartz Eng -Summary of Review • Extensive exp. in metropolitan agencies; team includes former city transportation and transit professionals Sam Schwartz Eng— Pricing Lowest cost proposal 155 VENDOR: #2 OVERALL RANKING: 2 out of 3 SUBJECT MATTER EXPERTS/RATERS: 2. Director of PW, 2. Deputy PW Director— Transp&Eng 3. Deputy Director Community Development 3. Transportation Manager III. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 81% VENDOR NAME—Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Compliance w/RFP 45 50 Project Understanding 106 125 Qualifications 112 125 Background/Experience 45 50 Cost 81 125 References and Background 16 25 Total 405 500 IV. DUE DILIGENCE REVIEW Vendor#2—Summary of Review • Prior experience in HB Vendor#2—Pricing • Highest cost proposal 2 156 VENDOR: #3 OVERALL RANKING: 3 out of 3 SUBJECT MATTER EXPERTS/RATERS: 3. Director of PW, 2. Deputy PW Director— Transp&Eng 3. Deputy Director Community Development 3. Transportation Manager V. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 42% VENDOR NAME—Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Compliance w/RFP 6 50 Project Understanding 113 125 Qualifications 41 125 Background/Experience 16 50 Cost 28 125 References and Background 7 25 Total 211 500 VI. DUE DILIGENCE REVIEW Vendor#3-Summary of Review • Incomplete proposal Vendor#3 - Pricing • Incomplete cost proposal 3 157 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ wNvw.huntingtonbeachca.gov Fe, u.❑aa.� \ Office of the City Clerk Robin Estanislau, City Clerk September 13, 2021 Sam Schwartz Engineering, DPC Attn: Joe lacobucci 322 Eighth Avenue, 51h Floor New York, NY 10001 Dear Mr. Schwartz: Enclosed is a fully executed copy of the "Professional Services Contract between the City of Huntington Beach and Sam Schwartz Engineering, DPC for Mobility Implementation Plan" approved by the Huntington Beach City Council on September 7, 2021. Sincerely, fit, 9"6�anm,&j Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand