HomeMy WebLinkAboutC-3233 - Balboa Peninsula Sign RegulationsPROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this NA day of September, 1998, by and
between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to
as "City "), and Urban Design Studio a division of Robert Bein William Frost &
Associates (RBF), whose address is 14725 Alton Parkway, Irvine, California, 92619-
7075, (hereinafter referred to as "Consultant "), is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business
as it is now being conducted under the statutes of the State of California
and the Charter of City.
B. City intends to prepare and process Sign Regulation for the Balboa
Peninsula ( "Project').
C. City desires to engage Consultant to provide services for the Project upon
the terms and conditions contained in this Agreement.
D. The principal members of Consultant, for purpose of this Project, are Mark
J. Brodeur, Principal, and Ron Pflugrath, Planning Director.
E. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to contract with Consultant under the terms of conditions provided
in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the 30th day of September,
1998 and shall terminate when City Council takes final action on the Balboa Peninsula
Sign Regulations, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
contained in attachment "A" attached hereto and incorporated herein by reference.
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3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of
this Section and the scheduled billing rates, contained in the scope of services
contained in attachment "A" and incorporated herein by reference. No rate changes
shall be made during the term of this Agreement without prior written approval of City.
Consultant's compensation for all work performed in accordance with this Agreement
shall not exceed the total contract price of Thirty -seven thousand, nine hundred dollars
($37,900.00).
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly invoices to City, payable by City within
thirty (30) days of receipt of invoice subject to the approval of City, and based upon
attachment "A ".
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with such approval.
3.4 City shall reimburse Consultant only for those costs or expenses which
have been specifically approved in this Agreement, or specifically approved in advance
by City. Such cost shall be limited and shall include nothing more than the following
costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. Approved computer data processing and reproduction charges.
C. Actual costs and /or other costs and /or payments specifically authorized in
advance in writing and incurred by Consultant in the performance of this
Agreement.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City will withhold payment of five
percent (5 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
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4. STANDARD OF CARE
4.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement, and that it will
perform all services in a manner commensurate with the community professional
standards. All services shall be performed by qualified and experienced personnel who
are not employed by City nor have any contractual relationship with City. Consultant
represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents
and warrants that it shall keep in effect all such licenses, permits and other approvals
during the term of this Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or
to approve or disapprove Consultant's work promptly, or delay or faulty performance by
City, contractors, or governmental agencies, or any other delays beyond Consultant's
control or without Consultant's fault.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be
deemed to constitute Consultant or any of Consultant's employees or agents, to be the
agents or employees of City. Consultant shall have the responsibility for and control
over the details in means of performing the work provided that Consultant is in
compliance with the terms of this Agreement. Anything in this Agreement which may
appear to give City the right to direct Consultant as to the details of the performance of
the services or to exercise a measure of control over Consultant shall mean that
Consultant shall follow the desires of City only with respect to the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
Consultant shall assign the Project to a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Project term. Consultant has designated Mark J. Brodeur to be its
Project Manager. Consultant shall not remove or reassign the principal members
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identified in the Recitals or assign any new or replacement person to the Project without
the prior written consent of City. City's approval shall not be unreasonably withheld with
respect to removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by Consultant in accordance with the schedule
specified in attachment "A ". The failure by Consultant to strictly adhere to the schedule,
may result in termination of this Agreement by City, and the assessment of damages
against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be
responsible for delays which are due to causes beyond Consultant's reasonable control.
However, in the case of any such delay in the services to be provided for the Project,
each party hereby agrees to provide notice to the other party so that all delays can be
addressed.
8.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days after the start
of the condition which purportedly causes a delay, and not later than the date upon
which performance is due. The Project Administrator shall review all such requests and
may grant reasonable time extensions for unforeseeable delays, which are beyond
Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
either telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order
to ensure that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state
and federal law, regulations and permit requirements and be subject to approval of the
Project Administrator and City.
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11. PROGRESS
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Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of
the work, activities performed and planned, and any meetings that have been scheduled
or are desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages
of any nature whatsoever, including, but not limited to, bodily injury, death, personal
injury, property damages, or any other claims arising from any and all negligent acts or
omissions of Consultant, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement. This indemnity
shall apply even in the event of negligence of City, or its employees, or other
contractors, excepting only the sole negligence or willful misconduct of City, its officers
or employees, and shall include attorneys' fees and all other costs incurred in defending
any such claim.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must
be filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, agents, representatives and
employees as additional insured for all liability arising from Consultant's services as
described herein.
All insurance policies shall be issued by an insurance company currently
authorized by the Insurance Commissioner to transact business of insurance in the
State of California, with an assigned policyholders' Rating of A (or higher) and Financial
Size Category Class VII (or larger) in accordance with the latest edition of Bests Key
Rating Guide: unless otherwise approved by the City Risk Manager.
A. Worker's compensation insurance covering all employees and principals
of Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal
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injury and property damage. If commercial general liability insurance or
other form with a general aggregate is used, either the general aggregate
shall apply separately to this Project, or the general aggregate limit shall
be twice the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
D. Professional errors and omissions insurance which covers the services to
be performed in connection with this Agreement in the minimum amount of
One Million Dollars ($1,000,000.00).
Said policy or policies shall be endorsed to state that coverage shall not be canceled by
either party, except after thirty (30) days' prior notice has been given in writing to City.
Consultant shall give City prompt and timely notice of claim made or suit instituted
arising out of Consultant's operation hereunder. Consultant shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of the work.
Consultant agrees that, in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, Consultant
shall look solely to its insurance for recovery. Consultant hereby grants to City, on
behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein,
a waiver of any right of subrogation which any such insurer of said Consultant may
acquire against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any of the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and outstanding
capital stock of Consultant, or of the interest of any general partner or joint venturer or
syndicate member or cotenant if Consultant is a partnership or joint- venture or
syndicate or cotenancy, which shall result in changing the control of Consultant, shall be
construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power, or twenty -five percent (25 %) or more of the assets of the
corporation, partnership or joint-venture.
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15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant pursuant to
this Agreement are not intended or represented to be suitable for reuse by City or
others on any other project. Any use of completed documents for other projects and
any use of incomplete documents without specific written authorization from Consultant
will be at City's sole risk and without liability to Consultant. Further, any and all liability
arising out of changes made to Consultant's deliverables under this Agreement by City
or persons other than Consultant is waived against Consultant and City assumes full
responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
Consultant shall, at such time and in such form as City may require, furnish reports
concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide access to, and upon request of Consultant, one copy
of all existing record information on file at City. Consultant shall be entitled to rely upon
the accuracy of data information provided by City or others without independent review
or evaluation. City will provide all such materials in a timely manner so as not to cause
delays in Consultant's work schedule.
18. ADMINISTRATION
This Agreement will be administered by the Planning Department. Patricia
Temple, Planning Director shall be considered the Project Administrator and shall have
the authority act for City under this Agreement. The Project Administrator or his /her
authorized representative shall represent City in all matters pertaining to the services to
be rendered pursuant to this Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall
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be clearly identifiable. Consultant shall allow a representative of City to examine, audit
and make transcripts or copies of such records during normal business hours.
Consultant shall allow inspection of all work, data, documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment under this Agreement.
20. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not discontinue
work as a result of such withholding. Consultant shall have an immediate right to
appeal to the City Manager or his designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of seven
percent (7 %) per annum from the date of withholding of any amounts found to have
been improperly withheld.
21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than would have
resulted if there were not errors or omissions in the work accomplished by Consultant,
the additional design, construction and /or a restoration expense shall be borne by
Consultant. Nothing in this paragraph is intended to limit City's rights under any other
sections of this Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project.
23. CONFLICTS OF INTEREST
A. The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making decisions that will
foreseeably financially affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by City. Consultant shall indemnify and
hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
Professional Services Agreement
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24. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall not be assigned, transferred, contracted or subcontracted without
prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
(714) 644 -3200 Fax 644 -3250
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Urban Design Studio
Attention: Mark J. Brodeur
14725 Alton Parkway
P.O. Box 57057
Irvine, California 92619 -7075
(949) 489 -8131, Fax 489 -9005
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
(2) days after receipt of written notice of default, specifying the nature of such default
and the steps necessary to cure such default, the nondefaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant
as provided herein. Upon termination of this Agreement, City shall pay to the
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Consultant that portion of compensation specified in this Agreement that is earned and
unpaid prior to the effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules
and regulations enacted or issued by City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein, whether of the same or
a different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions herein. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
32. PATENT INDEMNITY
The Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM:
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By:
Robin Clauson
Assistant City Attorney
City of Newport Beach
CITY OF NEW OR BEACH
A Municipal or ion it
Thomas Edwards
Mayor
City of Newport Beach
Professional Services Agreement
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ATTEST:
By: Zjc47 ni /?),
LaVonne Harkless
City Clerk
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CONSULTANT
Urban Design Studio,
A division of Robert Bein, William
Frost & Associates (RBF)
Professional Services Agreement
Balboa Peninsula Sign Regulations
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CITY OF NEWPORT BEACH
om COMMUNITY AND ECONOMIC DEVELOPMENT
�i PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(714) 644 -3200; FAX (714) 644 -3250
PROJECT: Balboa Peninsula Sign Regulations
C3i>) C -3x33
Hearing Date: September 14, 1998
Agenda Item No.: 9
Staff Person: Patricia L. Temple
(949) 644 -3200
ACTION: Approve a Professional Services Agreement with U
Irvine, California, for a contract price of $37,900.00.
BACKGROUND:
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Council Policy F -14, Authority to Contract For Services, authorizes Department Heads to award
contracts for services of less than $30,000.00 without further review. However, contracts in excess
of $30,000.00; contracts for service not specified in the approved budget; and contracts for services
which exceed the amount authorized by the City Council in the budget must be submitted to the
City Council for specific approval before the contract is awarded. Additionally, the City Attorney is
required to review all specific contract documents prior to contract award.
• The Planning Department circulated a request for proposals (RFP) for the Balboa Peninsula Sign
Regulations. The City received two proposals in response to the RFP. Since this contract is for
professional services, the process is not a competitive bid. Rather the proposals are assessed based
upon the professional qualifications of the consultants. In this case, staff believes that the
experience and special services offered by Urban Design Studio are particularly suited to the Balboa
Peninsula project. They recognize the unique character of the area, and are also sensitive to the
needs of businesses to adequately identify their location, products and services.
SUMMARY:
Urban Design Studio has submitted a proposal (attached) in response to the RFP, which
incorporates the following tasks:
• Confirm work program, review existing regulations and policy documents, and identify issues
related to the sign regulations
• Conduct a preliminary steering committee meeting, and meet with staff to finalize the project
approach
Prepare draft sign overlay ordinance
• Review preliminary draft with staff and steering committee
• Conduct a community workshop
• Participate in public hearings
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The consulting fees for tasks described in the scope of services, including Urban Design Studio
staff hours, direct expenses, and printing have been reviewed by staff and are considered
appropriate and warranted.
It should be noted that the approved City budget for 1998 -99 includes a capital project for the
Balboa Peninsula Sign Regulations, with an appropriation of $30,000. As discussed in a separate
report on this agenda regarding the CDBG program, staff has learned that the preparation of sign
regulations may be funded only from the administration portion of the block grant. The City budget
includes $98,400 in the CDBG administration account, which is sufficient for grant administration,
required fair housing activities, and this contract.
The Assistant City Attorney has reviewed the form and content of the Professional Services
Agreement attached to this report.
Submitted by:
SHARON Z. WOOD
Assistant City Manager
Attachments: Professional Services Agreement
Scope of Services Proposal
Prepared by:
PATRICIA L. TEMPLE
Planning Director
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this day of September, 1998, by and
between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to
as "City "), and Urban Design Studio, whose address is 14725 Alton Parkway, Irvine,
California, 92619 -7075, (hereinafter referred to as "Consultant'), is made with reference
to the following:
RECITALS
A. City is a municipal corporation duly
the laws of the State of California w
organized and validly existing under
th the power to carry on its business
as it is now being conducted under the statutes of the State of California
and the Charter of City.
B. City intends to prepare and process Sign Regulation for the Balboa
Peninsula ( "Project').
C. City desires to engage Consultant to provide services for the Project upon
the terms and conditions contained in this Agreement.
D. The principal members of Consultant, for purpose of this Project, are Mark
J. Brodeur, Principal, and Ron Pflugrath, Planning Director.
E. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to contract with Consultant under the terms of conditions provided
in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
TERM
The term of this Agreement shall commence on the day of September,
1998 and shall terminate when City Council takes final action on the Balboa Peninsula
Sign Regulations, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
contained in attachment "A" attached hereto and incorporated herein by reference.
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3. COMPENSATION TO CONSULTANT
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City shall pay Consultant for the services in accordance with the provisions of
this Section and the scheduled billing rates, contained in the scope of services
contained in attachment "A" and incorporated herein by reference. No rate changes
shall be made during the term of this Agreement without prior written approval of City.
Consultant's compensation for all work performed in accordance with this Agreement
shall not exceed the total contract price of Thirty -seven thousand, nine hundred dollars
($37,900.00 .
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly invoices to City, payable by City within
thirty (30) days of receipt of invoice subject to the approval of City, and based upon
attachment "A ".
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with such approval.
3.4 City shall reimburse Consultant only for those costs or expenses which
have been specifically approved in this Agreement, or specifically approved in advance
by City. Such cost shall be limited and shall include nothing more than the following
costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. Approved computer data processing and reproduction charges.
C. Actual costs and /or other costs and /or payments specifically authorized in
advance in writing and incurred by Consultant in the performance of this
Agreement.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City will withhold payment of five
percent (5 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
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4. STANDARD OF CARE
4.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement, and that it will
perform all services in a manner commensurate with the community professional
standards. All services shall be performed by qualified and experienced personnel who
are not employed by City nor have any contractual relationship with City. Consultant
represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents
and warrants that it shall keep in effect all such licenses, permits and other approvals
during the term of this Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of
strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely
information or to approve or disapprove Consultant's work promptly, or delay or faulty
performance by City, contractors, or governmental agencies, or any other delays
beyond Consultant's control or without Consultant's fault.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be
deemed to constitute Consultant or any of Consultant's employees or agents, to be the
agents or employees of City. Consultant shall have the responsibility for and control
over the details in means of performing the work provided that Consultant is in
compliance with the terms of this Agreement. Anything in this Agreement which may
appear to give City the right to direct Consultant as to the details of the performance of
the services or to exercise a measure of control over Consultant shall mean that
Consultant shall follow the desires of City only with respect to the results of the
services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
Consultant shall assign the Project to a Project Manager, who shall coordinate all
• phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Project term. Consultant has designated Mark J. Brodeur to be its
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Project Manager. Consultant shall not remove or reassign the principal members
identified in the Recitals or assign any new or replacement person to the Project without
the prior written consent of City. City's approval shall not be unreasonably withheld with
respect to removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by Consultant in accordance with the schedule
specified in attachment "A ". The failure by Consultant to strictly adhere to the schedule,
may result in termination of this Agreement by City, and the assessment of damages
against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be
responsible for delays which are due to causes beyond Consultant's reasonable
control. However, in the case of any such delay in the services to be provided for the
Project, each party hereby agrees to provide notice to the other party so that all delays
can be addressed.
8.1 Consultant shall submit all requests for extensions of time for .
performance in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition which purportedly causes a delay, and not later than the
date upon which performance is due. The Project Administrator shall review all such
requests and may grant reasonable time extensions for unforeseeable delays, which
are beyond Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
either telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order
to ensure that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state
and federal law, regulations and permit requirements and be subject to approval of the
Project Administrator and City.
•
Balboa Peninsula Sign Regulations
Page 6
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of
the work, activities performed and planned, and any meetings that have been
scheduled or are desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages
of any nature whatsoever, including, but not limited to, bodily injury, death, personal
injury, property damages, or any other claims arising from any and all negligent acts or
omissions of Consultant, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement. This indemnity
shall apply even in the event of negligence of City, or its employees, or other
contractors, excepting only the sole negligence or willful misconduct of City, its officers
or employees, and shall include attorneys' fees and all other costs incurred in defending
any such claim.
13. INSURANCE
• Without limiting consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must
be filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, agents, representatives and
employees as additional insured for all liability arising from Consultant's services as
described herein.
All insurance policies shall be issued by an insurance company currently
authorized by the Insurance Commissioner to transact business of insurance in the
State of California, with an assigned policyholders' Rating of A (or higher) and Financial
Size Category Class VII (or larger) in accordance with the latest edition of Bests Key
Rating Guide: unless otherwise approved by the City Risk Manager.
A. Worker's compensation insurance covering all employees and principals
of Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of
$1 million combined single limit per occurrence for bodily injury, personal
Balboa Peninsula Sign Regulations
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injury and property damage. If commercial general liability insurance or
other form with a general aggregate is used, either the general aggregate
shall apply separately to this Project, or the general aggregate limit shall
be twice the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million
combined single limit per accident for bodily injury and property damage.
D. Professional errors and omissions insurance which covers the services to
be performed in connection with this Agreement in the minimum amount
of One Million Dollars ($1,000,000.00).
Said policy or policies shall be endorsed to state that coverage shall not be canceled by
either party, except after thirty (30) days' prior notice has been given in writing to City.
Consultant shall give City prompt and timely notice of claim made or suit instituted
arising out of Consultant's operation hereunder. Consultant shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of the work.
Consultant agrees that, in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, Consultant
shall look solely to its insurance for recovery. Consultant hereby grants to City, on •
behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein,
a waiver of any right of subrogation which any such insurer of said Consultant may
acquire against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any of the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and outstanding
capital stock of Consultant, or of the interest of any general partner or joint venturer or
syndicate member or cotenant if Consultant is a partnership or joint- venture or
syndicate or cotenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50 %)
or more of the voting power, or twenty -five percent (25 %) or more of the assets of the
corporation, partnership or joint-venture.
u
Balboa Peninsula Sign Regulations
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15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant pursuant to
this Agreement are not intended or represented to be suitable for reuse by City or
others on any other project. Any use of completed documents for other projects and
any use of incomplete documents without specific written authorization from Consultant
will be at City's sole risk and without liability to Consultant. Further, any and all liability
arising out of changes made to Consultant's deliverables under this Agreement by City
or persons other than Consultant is waived against Consultant and City assumes full
responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
Consultant shall, at such time and in such form as City may require, furnish reports
concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide access to, and upon request of Consultant, one copy
of all existing record information on file at City. Consultant shall be entitled to rely upon
the accuracy of data information provided by City or others without independent review
or evaluation. City will provide all such materials in a timely manner so as not to cause
delays in Consultant's work schedule.
18. ADMINISTRATION
This Agreement will be administered by the Planning Department. Patricia
Temple, Planning Director shall be considered the Project Administrator and shall have
the authority act for City under this Agreement. The Project Administrator or his /her
authorized representative shall represent City in all matters pertaining to the services to
be rendered pursuant to this Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall
Balboa Peninsula Sign Regulations
Page 9
• •
be clearly identifiable. Consultant shall allow a representative of City to examine, audit
and make transcripts or copies of such records during normal business hours.
Consultant shall allow inspection of all work, data, documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment under this Agreement.
20. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not
discontinue work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or his designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of
seven percent (7 %) per annum from the date of withholding of any amounts found to
have been improperly withheld.
21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than would have
resulted if there were not errors or omissions in the work accomplished by Consultant,
the additional design, construction and /or a restoration expense shall be borne by
Consultant. Nothing in this paragraph is intended to limit City's rights under any other
sections of this Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project.
23. CONFLICTS OF INTEREST
A. The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making decisions that will
foreseeably financially affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by City. Consultant shall indemnify and
hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section. 0
Balboa Peninsula Sign Regulations
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24. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall not be assigned, transferred, contracted or subcontracted without
prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
(714) 644 -3300 Fax 644 -3250
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Urban Design Studio
Attention: Mark J. Brodeur
14725 Alton Parkway
P.O. Box 57057
Irvine, California 92619 -7075
(949) 489 -8131, Fax 489 -9005
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a
period of two (2) days, or if more than two (2) days are reasonably required to cure the
default and the defaulting party fails to give adequate assurance of due performance
within two (2) days after receipt of written notice of default, specifying the nature of such
default and the steps necessary to cure such default, the nondefaulting parry may
terminate the Agreement forthwith by giving to the defaulting parry written notice
thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant
Balboa Peninsula Sign Regulations
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as provided herein. Upon termination of this Agreement, City shall pay to the
Consultant that portion of compensation specified in this Agreement that is earned and
unpaid prior to the effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules
and regulations enacted or issued by City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein, whether of the same
or a different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions herein. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
32. PATENT INDEMNITY
The Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM:
By:
Robin Clauson
Assistant City Attorney
City of Newport Beach
CITY OF NEWPORT BEACH
A Municipal Corporation
IN
Thomas Edwards
Mayor
City of Newport Beach
Balboa Peninsula Sign Regulations
Page 12
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E
ATTEST:
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LaVonne Harkless
City Clerk
10
0
CONSULTANT
m
Mark J. Brodeur, Principal
Balboa Peninsula Sign Regulations
Page 13
0
August 31, 1998
urban
Studio i
RECEIVED BY
PLANNING DEPARTMENT
CITY OF NEWPORT REACH
M SEP d � 1998 PM
Ms. Patricia L. Temple, Planning Director A a
Community and Economic Development 7i8�9�1O�11�12�1i2�3i.45i6
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92658 -8915
RE: Balboa Peninsula Sign Regulations - Revised Scope and Fee
Dear Ms. Temple:
As we discussed, attached is a revised scope of work and fee for the subject project. We
have added two more Steering Committee meetings for a total of five meetings and one
community -wide workshop just prior to the required public hearings.
We hope that this meets with your expectations. We look forward to working with you on
this important project.
Urban Design Studio
�J. Brodeur, PrincipalVar
H:\GRP10W DATA\ OFFICEIWPWINVOBPL\ UDSNROPOSALWEWPORTBINEWPORTB .LTR
A DIVISION OF ROBERT REIN,
WILLIAM FROST & ASSOCIATES
14725 ALTON PKWY, IRVINE, CA 92618 -2069
P.O. BOX 57057, IRVINE, CA 92619 -7057
71-0 489.8131 • FAX 714.4891005
0
0 0
UNDERSTANDING OF THE PROJECT/
SCOPE OF WORK
APPROACH - INVOLVE SIGN PROFESSIONAL
Urban Design Studio understands that many municipal sign codes, while well thought
out, fail to express to sign professionals the actual technical design techniques
desired. Few planning professionals possess an extensive working vocabulary of
architectural /technical terms used in fabricating signs for various desired "looks."
As part of our approach, we propose to send our drafts of the revised Sign Overlay
Ordinance to a person who is an environmental graphic designer. His name is Jack
Biesek, and he manages his own firm of sign system planners and environmental
graphic designers. Urban Design Studio and Biesek Design have worked together
before.
Jack Biesek frequently lectures on design and technology, and has taught
environmental graphic design at California Polytechnic State University at San Luis
Obispo. He served as President of the Society for Environmental Graphic Design
(SEGD) in 1990 to 1991, the voice of the architectural graphics and exhibit design
professionals, and is an. active SEGD boardmember.
In addition to reviewing our drafts, we will ask Jack Biesek to help us develop a
comprehensive illustrated definitions section. It will not only contain the usual
planning /ordinance language, but also the words /definitions that sign manufacturers
will understand. This combination of practical experience with design expertise will
assure the City of Newport Beach of a sound technical and design competent set of
sign regulations for the Balboa Peninsula.
City of Newport Beach
Balboa Peninsula Sign Regulations 1
I `�
• UNDERSTANDING OF THE PROJECT/
SCOPE OF WORK
UNIQUE APPROACH (PART 2) - VISUAL TESTING OF SIGN
REGULATIONS
As an optional "as needed" service, Urban Design Studio proposes to provide actual
"to scale" computer simulations of proposed Sign Ordinance /Design Guideline
modifications on as many candidate buildings as the City desires. These products
will prove especially useful to decisionmakers and the public in reviewing sign
standards.
The computer simulations would be available to illustrate:
• maximum size of signs
• maximum percent of window sign
coverage
• nighttime illumination differences
• "copy" to "field" color renditions
• number of signs allowed
• sign height differences
• projecting sign proliferation /spacing
impacts
• signs on architectural projection
The most appropriate computer simulations can be included in the new sign overlay
regulations.
APPROACH SUMMARY
Our detailed scope of work proposes a two -phase program in order to meet the
needs of the City.
•
First, UDS will conduct an in -depth study of the City's existing sign ordinance and
other relevant documents provided by the City. A review of the Balboa sign inventory
and a field survey will be made of existing conditions. It is proposed that a Steering
Committee meeting be held early in the process, including the Planning Commission,
Economic Development Committee, Chamber of Commerce, and other interested
individuals and /or groups that the City may wish to invite. The purpose of the •
"workshop" session will be to receive input and direction prior to proceeding with
Phase 11, development of specific ordinance sections, design guidelines, etc.
City of Newport Beach
Balboa Peninsula Sign Regulations 2
UNDERSTANDING OF THE PROJECT/
SCOPE OF WORK
Phase I will provide all of the necessary groundwork to begin preparation of the first
draft ordinances.
The second phase will include all of the tasks
necessary to complete the new sign overlay,
including specific design guidelines and all
illustrations. Midway through the process, we would
plan another Steering Committee meeting for a
progress report to receive additional input and to
confirm future direction. This would be followed by
further Steering Committee meetings to review the
draft ordinance. A community -wide presentation
would be conducted to inform the public about the
new ordinance prior to holding public hearings.
Regular meetings with the staff will also be
programmed throughout this phase to receive input
and to make any necessary revisions prior to
submitting the recommended draft ordinance to the
Planning Commission and City Council at the
appropriate public hearings. Formal presentations
to the Planning Commission and City Council will be
made.
I
City of Newport Beach
Balboa Penin.vda Rion Rcnrdallnnc l
UNDERSTANDING OAHE PROJECT/
SCOPE OF WORK
SCOPE OF WORK
Phase I - Refine Scope, Review Documents, Identify Issues
Review and assess sign regulations, development standards, design guidelines, and
other appropriate policy and procedure documents. Identify issues and
inconsistencies related to existing sign ordinance and any special areas of concern.
Refine work program as required.
TASK 1.1: Confirmation of Work Program
Urban Design Studio will meet with City staff to refine and modify, if necessary, the
proposed scope of work to fit City requirements. Items proposed for discussion
include:
• Identify City expectations of Balboa Sign Overlay.
• Develop consensus on relationship between sign overlay and other sign
ordinances.
• Develop coordination procedures between consultant, planning staff, and any
other pertinent City departments.
• Define the roles of the Planning Commission, Economic Development Committee,
City Council, Chamber of Commerce, and Steering Committee.
• Refine program schedule and milestones.
• Determine schedule and format of Steering Committee meetings.
• Establish procedures for product review, progress reporting, and task completion.
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TASK 1.2: Identify and Review Relevant Stan
Regulations and Policy Documents
The consultant team will collect from City staff
all relevant documents, regulations and plans,
studies, application forms, etc. pertaining to
signs and any related issues. The consultant
team will also request that staff recommend
especially difficult provisions in the existing sign
ordinance to be considered for new technical
drawings or illustrations in the "overlay" district.
The consultant team will review all pertinent
data and submit a draft agenda to the City staff
for the upcoming workshop /study session.
City of Newport Beach
Balboa Peninsula Sign Regulations 4
•
0
iR
• UNDERSTANDING OAHE PROJECT/
SCOPE OF WORK
9 TASK 1.3: Identify Issues Related to Current Sign Regulations /Guidelines
Urban Design Studio and Newport Beach staff will meet to discuss the policy issues
that need to be addressed. Urban Design Studio will prepare an analysis of the
differences between the unique sign types that are "appropriate" and "inappropriate"
on the Peninsula. UDS will make recommendations for dealing with identified issues.
TASK 1.4: Conduct Steering Committee
Meeting #1
In an appropriate public workshop format, UDS
will present their findings and recommendations
at a Steering Committee meeting. Issues raised
will by duly noted. The consultant will be
prepared to cite other local community
approaches to similar issues.
TASK 1.5. Staff Meeting
UDS will meet with City Staff following the
Steering Committee meeting to clarify and ratify
"direction" to be taken in the preparation of the
draft overlay ordinance. This meeting will be
utilized to solidify the direction on the sign
overlay and the appropriate design criteria.
Phase II - Prepare And Present Sign
Overlay Ordinance
CJ
Phase II incorporates all of the necessary tasks to complete preparation of the Sign
Code Overlay for the Balboa Peninsula. The following is a summary of the ordinance
preparation and review sequence.
• Prepare administrative draft ordinance and design guidelines based on direction
agreed upon with staff.
• Staff reviews administrative draft and provides comments.
• Prepare preliminary draft ordinance and guidelines based on staff comments on
administrative draft.
• Present preliminary draft at Steering Committee meetings including
representatives of the Council, Commissions, Chamber, and others as directed
for input and comment.
City of Newport Beach
Balboa Peninsula Sign Regulations 5
\a
• UNDERSTANDING O• HE PROJECT/
SCOPE OF WORK
• Prepare public review draft ordinance and design guidelines based on input from
final Steering Committee meeting.
• Present public review draft at community workshop prior to public hearings.
TASK 2.1: Draft Outline and Ordinance Format
Based upon the results of Phase I, Urban Design Studio will prepare a draft
annotated sign overlay table of contents in order to assure consensus and a clear
understanding of anticipated form and content of the draft overlay ordinance,
including design criteria.
TASK 2.2. Staff Review and Confirmation of Table of Contents and Format
The Task 2.1 product will be reviewed by City staff, and one "red ink" final copy will
be returned to the consultant team prior to commencement of Sign Overlay
Ordinance preparation. A separate memorandum prepared by City staff should
articulate any specific modifications desired through their review.
TASK 2.3: Administrative Draft of Sign Overlay Ordinance and Design
Guidelines
An administrative draft of the Balboa Sign Overlay Ordinance, including design
guidelines, will be prepared for in -house review by staff. The draft will be
accompanied by any studies or technical information required to facilitate an effective
review by staff.
The following components may make up the basic structure of the single chapter of
the Sign Overlay Ordinance. The overall format and table of contents will be jointly
agreed to with staff in Task 2.1. The following is provided as an example only.
1. Table of contents
2. Coordinated numbering system (ordinance location in Code)
3. General provisions section, including introduction and purpose of the
ordinance, authority for the ordinance, and other general requirements
4. Definitions section (illustrated)
5. Requirements and procedures for sign permits (if needed and different from
existing sign ordinance)
6. Exempt and prohibited signs (illustrated)
7. Temporary signs (including banners, balloons, flags, etc.)
8. Sign types:
• Wall signs
• Pole signs
City of Newport Beach
Balboa Peninsula Sign Regulations 6
0
tiT)
UNDERSTANDING ORTHE PROJECT/
SCOPE OF WORK
• Roof signs
• Projecting signs
• Monument signs
• Changeable copy signs
• Window signs
• Banners
• A -frame signs
• Ghost signs
• Animated signs
9. Nonconforming sign amortization strategy
10. Sign regulations (matrix) based on types of signs and categories of land uses
11. Illumination criteria
12. Sign design criteria, including, but not limited to:
• Design concepts for review of signs and awnings
• General guidelines (design, materials, color, illumination)
• Wall and fascia identity signs
• Awnings
• Freestanding signs
• Window signs
• Temporary signs (banners, window signs, etc.)
• Special design considerations for neon tube signs and other special
types (murals, Newport Bay)
• Special size reduction guidelines
TASK 2.4: Staff Review of Administrative Draft
The administrative draft Sign Overlay Ordinance and design guidelines will be
submitted to City staff (in electronic format) for review and comment. One modified
text electronic file will be returned to the consultant incorporating all comments and
revisions. Following the consultants receipt of the modified text, a meeting will be
scheduled with City staff to review and discuss their comments and any'other
recommended revisions. One electronic copy.
Based on suggested modifications received from staff review of the administrative
draft ordinance, the consultant team will prepare the preliminary draft ordinance for
presentation and discussion at Steering Committee Meetings #2, #3, and #4.
Concurrently, copies of the preliminary draft can be distributed to the Chamber of
Commerce representatives (or others deemed appropriate) for their review and input
City of Newport Beach
Balboa Peninsula Sign Regulations 7
n
UNDERSTANDING OPHE PROJECT/
SCOPE OF WORK
either at the Steering Committee meeting or separately. We feel that the Chamber's
participation would be most effective if they were invited to comment on the
ordinance directly. 10 copies.
TASK 2.7: Community Workshop
TASK 2.6: Review of Preliminary Draft.
Steering Committee Meetings #2 #3. #4.
and #5
A consultant presentation will be made
before four Steering Committee meetings,
prior to presenting the ordinance at public
hearings. As mentioned above, we
recommend that the Chamber of
Commerce and Balboa's Merchant
Association be given an opportunity to
participate in the study sessions and to
provide comments on the draft. Other
interested groups should also be invited to
participate.
Following input received at the four Steering Committee meetings, the preliminary
draft document will be revised and a public review draft will be prepared. The
consultant team will present the public review draft at a community workshop where
all interested parties will be asked to participate. This will provide the community-at-
large with an opportunity to review the draft document prior to its being set for public
hearing.
TASK 2.8: Final Draft Sign Ordinance
and Design Guidelines
Following input received at the four
Steering Committee meetings and the
community workshop, the public review
draft will be revised, and a final draft
ordinance will be prepared for presentation
at public hearings before the Planning
Commission and City Council.
The consultant team will present the final
draft ordinance at two public hearings
before the Planning Commission. The
consultant team will also present the final
draft ordinance, together with
it
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i�
g9
City of Newport Beach
Balboa Peninsula Sign Regulations 8
9
`J
I?,
0
0
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• •
UNDERSTANDING OF THE PROJECT/
SCOPE OF WORK
recommendations of the Planning Commission, at two public hearings before the City
Council. 10 copies. Full color. One unbound original. One electronic copy.
We do not propose to prepare staff reports for the Planning Commission or City
Council meetings. This is a task best left for City staff. Also, we do not anticipate
preparing detailed comparisons between the existing sign regulations and the new
overlay version. Experience has shown that this process, if required, is best provided
by staff.
TASK 2.9: Project Management/Staff Meetings
This task provides for ongoing communication between the City and the consultant
team. It provides for meetings with City staff every two weeks for the duration of the
assignment.
City of Newport Beach
Balboa Peninsula Sign Regulations 9
• COST SCHEDULEAE SCHEDULE
COST SCHEDULE
Urban Design Studio has outlined a comprehensive scope of work which we believe
will be necessary to successfully complete this assignment. Our proposed fee for the
project is $37,900. All items of work outlined in this proposal shall be performed on
a fixed -fee basis. All costs for any items not specifically listed but required to
complete the project are included as part of the total fixed -fee cost. Hours per task
are included as a general measure. We have identified which individuals will be
working on each task as well. It is difficult to estimate actual person -hours at this
time. Since we will invoice the client on a "percent -of -task" completion basis, we
have estimated the approximate hours as indicated below.
Task
Name
Personnel
Hours
Fee
1.1
Confirmation of Work Program
B, P, Z
17
$1,500
1.2
Review Relevant Regulations
P, Z
17
$1,500
1.3
Identify Issues
B, Z, Pr
41
$3,000
1.4
Steering Committee meeting #1
B
13
$1,500
1.5
Staff Meeting
B, P
10
$1,000
2.1
Draft Outline and Ordinance Format
P, Z, Pr
38
$2,700
2.2
Staff Review
P, Z
6
$500
2.3
Admin. Draft
B, P, Z, K, S, Pr
91
$6,500
2.4
Staff Review /Meeting
B, P
5
$500
2.5
Preliminary Ordinance and Guidelines
P, Z, K, S, Pr
48
$3,500
2.6
Steering Committee Meeting #2, #3, and #4
B, P
20
$4,000
2.7
Community Workshop
B,P
10
$1,200
2.8
Final Draft Ordinance and Guidelines
B, P, Z, K, S, Pr
48
$3,500
2.9
Project Management/Staff Meetings
B
43
$5,000
Reimbursables (Travel, Phone, Reprographics)
$2,000
GRAND TOTAL
J$37,900 "
Personnel Legend
Hourly Rate
Classification
Brodeur (B)
$115
Principal
Pflugreth (P)
$65
Planning Director
Zelinka (Z)
$60
Urban Planner
Klekner (K)
$65
Urban Designer
Preston (Pr)
$45
Word Processing
Stroud 5
$50
Gre hic Arts
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COST SCHEDULE/TIME SCHEDULE
" This figure assumes a certain amount of resources required from the City. These
include:
• City to pay for all postage for public meetings
• City to provide meeting facilities
• City to provide meeting promotion
• City staff to provide and prepare staff reports for Planning Commission and
City Council.
• City Attorney office responsible for Ordinance Amendment, legals, Council
paperwork, etc.
• City to provide all copies beyond the ten (each) being provided by UDS for
Administrative, Preliminary, and Final Ordinance. UDS to provide 40 total.
• 1/3 of bi- weekly staff meetings to be held in Irvine.
TIME SCHEDULE
It is Urban Design Studio's experience and professional judgement that this
assignment will take five months from the date of contract initiation to City Council
approval to complete.
The major factor in delaying rapid preparation and approval of such contracts is
. typically tied to the amount and extent of public participation and the availability of
meeting dates for various commissions and boards.
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PERSONNEL
The full capabilities of Urban Design Studio and Robert Bein, William Frost & Associates •
will be available to assist the City of Newport Beach on this project. Detailed resumes for
persons proposed to be assigned to this project are included in the back of this section.
The following Urban Design Studio staff will be extensively involved in the completion of
the anticipated scope of work and are committed for the duration of the project:
Mark J. Brodeur, Principal
Project Manager
Mr. Brodeur is an accomplished urban design professional with over twenty years of
experience in the preparation of a variety of land use documents: Design Guidelines,
Downtown Specific Plans, Development Standards, Master Plans, and the like. Mr.
Brodeur brings a unique background that includes experience at the highest levels of the
public sector and most recently, the private sector. Mr. Brodeur has managed numerous
community land use and design studies requiring comprehensive planning and design
solutions. He has developed an acute knowledge of the different components and tools
included in design guidelines through direct experience where revitalization and quality
architectural development were critical municipal concerns. He is considered an expert
"Main Street" design consultant. Beyond his solid technical background, Mr. Brodeur is
especially effective in working with citizens and other non - professionals where he "talks
their language," seeks their input, and ultimately earns their trust. .
Mark is a "hands -on" type of principal, which means he is actively involved with all aspects
of the assignment, from site reconnaissance to final hearings. We find that this type of
involvement requires less modifications as the project proceeds due to the high level of
direct communication from decision makers to planners and designers. His client
references will refer to his consultant approach as refreshing, professional, and punctual.
Mr. Brodeur has been asked to lecture and participate in public workshops /charettes on
a variety of design subjects for various professional organizations and municipalities. He
is the past Design Review Board Chairman in his home community. He has also authored
articles and booklets on the preparation of design guidelines. Mr. Brodeur will serve as
project manager.
Ronald Pflugrath, AICP
Senior Urban Planner
Mr. Pflugrath is an urban designer /planner who has been involved with a variety of public
and private sector advanced planning projects. With over 25 years of planning experience,
Mr. Pflugrath has demonstrated a thorough knowledge of public sector urban planning
dynamics while employed with the cities of Pomona and Santa Fe Springs. Specialized
in the preparation of municipal planning and redevelopment tools, with an emphasis on .
innovative development regulations, Mr. Pflugrath has been responsible for the successful
City of Newport Beach
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PERSONNEL
formulation of a wide variety of award- winning Development Codes. His work on over
twenty Development Codes for various California communities makes Mr. Pflugrath an
expert in a field dominated by generalists. Cited for their user - friendly status, the San
Bernardino Development Code and the Murrieta Development Code both won APA
awards. In addition to the numerous Development Codes (including Sign Codes), Mr.
Pflugrath was responsible for the Cypress Sign Code. Mr. Pflugrath will work closely with
Mr. Brodeur on this assignment.
Al Zelinka, AICP
Urban Planner
Mr. Zelinka has developed his planning career to improve and revitalize neighborhoods
and downtowns. As both a planner for governmental agencies and as a private consultant,
he has assisted districts in identifying community needs and preparing the implementation
guidance for carrying out solutions. Prior to joining Urban Design Studio, Mr. Zelinka
served as a lead project planner for award - winning planning and design projects, including
development regulations, design guidelines, specific plans, revitalization strategies, and
safe place design programs. Most recently, with Urban Design Studio, he was the primary
author of the Downtown Corona Specific Plan and the graphically -rich Fresno Uptown
Cultural and Entertainment District Design Guidelines. His interest in revitalizing
downtowns and neighborhoods has expanded to include crime prevention through
environmental design ( CPTED), on which he has authored many publications and has
made several presentations to professional planners, law enforcement personnel,
neighborhood leaders, and governmental officials. Mr. Zelinka recently co- authored an
article on CPTED that was featured in the August 1997 issue of the nationally- distributed
Planning magazine.
Robert Klekner
Urban Designer
Mr. Klekner is trained as a multi - discipline designer. He is primarily involved with the
drafting of design guidelines and urban design plans, but is also experienced in developing
comprehensive sign programs, facade redesigns, and illustrative plan graphics for public
presentations. This wide range of design experience allows him to look at a project from
several perspectives and appreciate the many components that make up one project.
City of Newport Beoch
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