Loading...
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. 0 0 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. Professional Services Agreement Balboa Peninsula Sign Regulations Page 2 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 Professional Services Agreement Balboa Peninsula Sign Regulations Page 3 • • 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. Professional Services Agreement Balboa Peninsula Sign Regulations Page 4 11. PROGRESS 0 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 Professional Services Agreement Balboa Peninsula Sign Regulations Page 5 0 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. Professional Services Agreement Balboa Peninsula Sign Regulations Page 6 0 0 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 Professional Services Agreement Balboa Peninsula Sign Regulations Page 7 0 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 Balboa Peninsula Sign Regulations Page 8 0 0 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 Professional Services Agreement Balboa Peninsula Sign Regulations Page 9 • • 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: l 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 Balboa Peninsula Sign Regulations Page 10 a ATTEST: By: Zjc47 ni /?), LaVonne Harkless City Clerk 0 CONSULTANT Urban Design Studio, A division of Robert Bein, William Frost & Associates (RBF) Professional Services Agreement Balboa Peninsula Sign Regulations Page I I 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: see I 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 r 0 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 Balboa Peninsula Sign Regulations Page 2 17J 0 ICJ 0 0 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. Balboa Peninsula Sign Regulations Page 3 3. COMPENSATION TO CONSULTANT 0 �J 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. 0 Balboa Peninsula Sign Regulations Page 4 0 0 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 Balboa Peninsula Sign Regulations Page 5 0 0 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 Page 7 0 0 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 Page 8 • 0 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 Page 10 0 0 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 Page I1 0 0 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 i E ATTEST: 0 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. 1-755 le� "EP5 u b� ,GX IYFA• I.E•)M Co l ocA M 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 �d i� g9 City of Newport Beach Balboa Peninsula Sign Regulations 8 9 `J I?, 0 0 0 • • 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 City of Newport Beach Balboa Peninsula Sign Regulations 0 40 �A • 0 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. City of Newport Beach Balboa Peninsula Sign Regulations 2 ? L 0 L 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 Balboa Peninsula Sign Regulations I _� (D F_ 1 LJ n 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 Bolboa Peninsulo Sign Regulotlons 2 �n