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HomeMy WebLinkAboutC-3304 - PSA/Newport Center Planning Project ManagementPROFESSIONAL SERVICES AGREEMENT ti THIS AGREEMENT, entered into this day of September, 1999, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City "), and Hogle- Ireland, Inc., whose address is 5 Corporate Park, Suite 160, Irvine, California 92606, (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 a General Plan Amendment, Specific Plan, and Environmental Impact Report for Newport Center ( "Project'). C. City desires to engage Consultant to provide project management 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 Larry K. Hogle Partner Roger Green, Proiect Manager, and Raymond H. C. Brantley, EIR Project Manager. 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 14`h day of September, 1999 and shall terminate on the 15` day of November, 2000, 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 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 One hundred, ninety -nine thousand, eight hundred ninety dollars ($199,890.00). The City Manager shall have the authority to authorize work beyond this amount, not to exceed 25% of the contract amount. 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 sub - consultants 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. 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 Professional Services Agreement Newport Center Project Management Page 2 9 0 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. S. 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 Larry K. Hogle Roger Green. and Raymond H. C. Brantley to be its Project Managers. 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. Professional Services Agreement Newport Center Project Management Page 3 • • 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. 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. Professional Services Agreement Newport Center Project Management Page 4 0 0 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 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. Professional Services Agreement Newport Center Project Management Page 5 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 orjoint- venture. 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 Professional Services Agreement Newport Center Project Management Page 6 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 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. Professional Services Agreement Newport Center Project Management Page 7 9 0 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. 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. Professional Services Agreement Newport Center Project Management Page 8 0 0 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 ATTN: Patricia L. Temple, Planning Director 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: Hogle- Ireland, Inc Attention: Larry K. Hogle 5 Corporate Park, Suite 160 Irvine, California 92606 (949) 553 -1427, Fax 553 -0935 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 Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. Professional Services Agreement Newport Center Project Management Page 9 0 0 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. CITY OF NEWPORT BEACH A Municipal Corporation Horrfer Bluda City Manager City of Newport Beach AP VED AS TO FORM: R 8 in CI Wu son Assistant City Attorney CONSULTANT Hogle- Ireland, Inc. Lar K. Hogle a ner Professional Services Agreement Newport Center Project Management Page 10 September 8, 1999 CITY OF NEWPORT BEACH Planning Department - Memorandum- 0 TO: File FROM: Planning Director Qd" SUBJECT: Authorization of Budget Augment for Phase 1 Newport Center Management Contract As provided for in Council Policy F -3, and pursuant to the request for a budget augment for the Newport Center Project Management Phase I Contract, an additional $6,000 is approved and added to the original contract amount of $24,000. 5530935 HOGLE— IREIHND August 31, 1999 Ns. Patricia L. Temple Naming Director City of Newport Beach 3:300 Newport Blvd. Newport Beach, CA 92658 -8915 b75 P02 FIUG 31 'q9 16:25 HOGLE-IRELAN*D A Land Planning 6' Develaprnent Consulting Firm Subject: Request for Additional Contract Authorization - Phase I, Newport Center Project Dear Ms. Temple: The subject Phase I Professional Services Agreement was entered into on June 4, 1999 for a maximum amount of $24,000. As a follow up to our recent conversations, it is requested that an additional $6,000 be allocated to the Phase I contract. The additional amount will allow the Phase I work program to transition into the Phase II work program with no loss of momentum or slippage in the project schedule. The work elements of the Phase I program have proceeded on schedule and are close to completion. I:Pyou have any questions, please contact me and I will provide any necessary clarification. We look forward to continuing to work with you and the City on this interesting and challenging project. Sincerely .arty K. ogle, P Iogle- Ireland, Inc. 5 Curpo 14 E Ca rk, Su ihi Ih0, 1r inc, Cali F,rn is 92606 • 8411 ' SS:S -142 �,-!14Li ' 55i -1254: iS • %, w. hug 1,;6, I a nd.ru ni I It V I N E • It I V E 11 R 1 11 E 4�EW �Nr �l /CIIP�`P CITY OF NEVWT BEACH COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3250 Agenda Item No.: Staff Person: (3F) September 13, 1999 9 Patricia L. Temple 644 -3200 y CC :. ,a 13 SUBJECT: Contract for Newport Center Planning Project Manogerite ��r�s L ACTION: Approve a Professional Services Agreement with Hogle - Ireland, Inc. forTp Y professional project management and planning services. Council Policy F -14, Authority to Contract for Services, authorizes Department Heads to award contracts for services of less than $30,000 without further review. However, contracts in excess of $30,000; contracts for services 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 award of contract. The attached consultant contract is for project management and planning services for the Newport • Center comprehensive planning project. This project includes four developer- requested projects, as well as the development of an updated General Plan and coordinated zoning document for all of the land in Newport Center. This is a large project, which has already been initiated by the City Council. Additionally, preliminary project coordination and schedule development has occurred. This preliminary work was done with the assistance of the firm of Hogle- Ireland, Inc., under the terms of a limited Phase 1 professional services agreement, which was less than $30,000. The work included in the Phase 1 agreement is nearly complete, including the project description, Notice of Preparation, project schedule, and selection of the environmental consultant. Hogle- Ireland has now prepared the attached scope of services for the completion of the project. The work needed to complete the project falls into three main categories, project management (staff augmentation services), development of the General Plan Amendment and related zoning document, and management of the environmental consultant. The Scope of Services provides information on the activities needed to accomplish the project, with an estimate of necessary hours, staffing and costs for each. The total contract amount is $199,890. The cost of this contract will be paid on a proportional share by the four project proponents, who will also fund the cost of the EIR. The City's contribution will be a waiver of typical application and staff review fees. If Development Agreements are requested, each of the property owners will pay the City's usual fees. 0 0 The firm of Hogle - Ireland, Inc. is well suited for the Newport Center project. They are familiar with the project from their work on Phase 1, and both the property owners and staff have confidence in . them. The firm specializes in providing contract staff and project management to governmental agencies, and includes staff with significant experience in the public sector. Some representative projects are: ➢ Headlands Project (City of Dana Point) ➢ BKK Landfill Closure (City of West Covina) ➢ North Valencia Specific Plan (City of Santa Clarita) The Assistant City Attorney has reviewed and approved the form and content of the Professional Services Agreement. Submitted by: SHARON Z. WOOD Assistant City Manager Attachment: Prepared by: PATRICIA L. TEMPLE Planning Director Services Agreement, Scope of Services, and Schedule Page 2 • Ll 0 PROFESSIONAL SERVICES AGREEMENT • THIS AGREEMENT, entered into this between CITY OF NEWPORT BEACH, a Municipal as "City "), and Hogle- Ireland, Inc., whose addres s Irvine. California. 92606, (hereinafter referred to reference to the following: day of September, 1999, by and Corporation (hereinafter referred to is 5 Corporate Park, Suite 160, as "Consultant'), is made with 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 a General Plan Amendment, Specific Plan, and Environmental Impact Report for Newport Center ( "Project'). C. City desires to engage Consultant to provide project management 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 Larry • K. Hogle, Partner, Roger Green, Project Manager, and Raymond H. C. Brantley, EIR Project Manager. 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 14th day of September, 1999 and shall terminate on the 1 st day of November, 2000, 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. J 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 One hundred, ninety -nine thousand, eight hundred ninety dollars ($199,890.00). The City Manager shall have the authority to authorize work beyond this amount, not to exceed 25% of the contract amount. 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 sub - consultants 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. 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 • Professional Services Agreement Newport Center Project Management Page 2 0 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. 0 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 Larry K. Hoole, Roger Green, and Raymond H. C. Brantley to be its Project Managers. 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. Professional Services Agreement Newport Center Project Management Page 3 / 0 0 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. 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. 0 Professional Services Agreement Newport Center Project Management Page 4 12. HOLD HARMLESS iConsultant 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 attomeys' 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 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. Professional Services Agreement Newport Center Project Management Page 5 0 0 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 0 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. 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 • Professional Services Agreement Newport Center Project Management Page 6 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 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. Professional Services Agreement Newport Center Project Management Page 7 G 0 20. WITHHOLDINGS 0 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 (70%) 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. 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. 0 0 Professional Services Agreement Newport Center Project Management Page 8 16 0 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. 0 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach ATTN: Patricia L. Temple, Planning Director 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: Hogle- Ireland, Inc Attention: Larry K. Hogle 5 Corporate Park, Suite 160 Irvine, California 92606 (949) 553 -1427, Fax 553 -0935 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 Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. Professional Services Agreement Newport Center Project Management Page 9 0 0 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. CITY OF NEWPORT BEACH A Municipal Corporation Homer Bludau City Manager City of Newport Beach APPROVED AS TO FORM: Robin Clauson Assistant City Attorney CONSULTANT Hogle- Ireland, Inc. Larry K. Hogle, Partner Professional Services Agreement Newport Center Project Management Page 10 0 HOGLE- IRELAi\* A Land Planning & Development Consulting Finn September 2, 1999 RECEIVED PLANNING DEPARTMENT CITY OF NEtn.'PnPT EEACH Ms. Sharon Wood AM SEP 0 2 1999 FM Deputy City Manager City of Newport Beach 71819110111112111213141516 3300 Newport Blvd. Newport Beach, CA 92658 -8915 Subject: Proposal to Provide Planning Consulting Services for Newport Center Project, Phase II Dear Ms. Wood: We are under contract to the City to carry out Phase I of the Newport Center Project through the end of August, 1999. At our recent meeting with the Planning Commission Committee, it became apparent that in order to comply with the City and property owner's expectations regarding project content and scheduling, Phase II of the project should commence immediately. You asked us to prepare a Phase II proposal for services for your consideration. • Phase I was the initial planning effort of the Newport Center project during which we: • Prepared the overall scope of work for the entire project. • Met with the property owners to determine their long term development plans and entitlement needs. • Developed a means to allocate project costs to the property owners. • Developed a project description that was used in the NOP and in the RFQ for the EIR consultant. • Prepared the RFQ for the EIR consultant. • Prepared the Notice of Preparation (NOP). Phase II consists of two major components: 1. Project Management - Our role will be to function as contract City staff and manage, oversee, and provide all typical City planning staff functions related to the project. We will manage the EIR consultant contract, prepare staff reports, make presentations, meet with property owners, meet with the Planning Commission Committee, coordinate the activities of technical subconsultants, prepare or coordinate the preparation of public notices, and perform all other services necessary to make sure that the project moves forward as envisioned and on schedule. The Scope of Work which is attached, divides the project management function into two tasks - general project management and EIR project management. 5 Corporate Park, Suite 160, Irvine, California 92606 • 949 / 553 -1427 • rn 949 / 553 -0935 • w .hogleirelandxom IRVINE . RIVERSIDE /3 0 Ms. Sharon Wood September 2, 1999 • Page 2 2. Preparation of General Plan Amendment and Zonina Document - We will develop a General Plan Amendment for Newport Center that addresses the concerns that have been expressed regarding the specificity of the existing General Plan. A primary objective of the Amendment will be to establish a vision for Newport Center that will provide the opportunity for Newport Center to meet the expectations of the community, businesses and property owners as we move into the next century. Newport Center has the opportunity to continue and enhance its position as a focus point for the entire City of Newport Beach. It is intended that this General Plan Amendment can serve as a prototype for future amendments and updates of the General Plan. The General Plan Amendment will be flexible enough to allow future amendments to the Newport Center zoning document without necessarily requiring General Plan Amendments. The zoning document which may take the form of either a Specific Plan or Planned Community Text will combine all of the elements of the existing Planned Community Text and zoning provisions into one comprehensive document. Additionally, the zoning document will include architectural and design provisions which will carry forward the original design concepts of Newport Center to the present and into the future. Both the General Plan Amendment and zoning document will consider policies and design elements to improve pedestrian circulation, resolve parking concerns and preserve design themes to enhance the long term viability of Newport Center and to provide the opportunity for the various development areas within Newport Center to function together as an integral, well planned unit. We propose to provide both project management and the development of the General Plan Amendment and zoning document services to the City. We will carry forward our management team of Roger Green and Larry Hogle from Phase I into Phase II and additional staff of Hogle- Ireland will be assigned as necessary to the project. We anticipate using Ray Brantley, Project Manager, to manage the EIR consultant contract and related EIR activities and responsibilities. Ray has exceptionally strong expertise with EIRs and served as the Chief of Orange County Environmental Planning beforejoining Hogle-Ireland. We anticipate assigning one or more ofour Associate Project Managers to the project to organize and write the General Plan document and zoning document under direction of Roger Green and Larry Hogle and to assist Ray Brantley as necessary. For the development of design concepts and graphics, we will use our sister planning design firm, Tellus, and the Principal of that firm, Bill Phillips. Bill is a very talented land planner who works with us on numerous projects and is currently working with us on the Laguna Hills Urban Village Specific Plan. Bill will take the input from the Planning Commission Committee, citizens, staff, /Y C� 0 Ms. Sharon Wood September 2, 1999 Page 3 property owners, and the project team and translate that input into design concepts for Newport Center. He will express those concepts graphically and in text for inclusion into the General Plan Amendment and zoning document. Hogle- Ireland has recent and applicable experience with the development of specific plans. Our Specific Plan for the North Valencia project in the City of Santa Clarita won an American Planning Association award. We are presently developing the Laguna Hills Urban Village Specific Plan and are updating the City Ranch Specific Plan in the City of Palmdale. Additionally, we are preparing two specific plans located in the City of Fontana. Attached is the project schedule that we developed during Phase I of the project. As we have discussed, this schedule is quite ambitious and will require that everyone work together in meeting the time frames. Also attached is the Scope of Work and budget covering all aspects of our proposed Phase II work program. As the City's project manager, one of our prime responsibilities will to be to keep the project on schedule and within budget. . We look forward to continuing our work on this exciting and challenging project with the City as we enter into Phase II. Sincerely, 0 4 K. Ho le Partnef� uTY S Hogle- Ireland, Inc. cc: Roger Green, Project Manager, Hogle- Ireland, Inc. Paul Ireland, Partner, Hogle- Ireland, Inc. Attachments: Project Schedule Scope of Work and Budget /.5 0 0 Scope of Work - Phase II Newport Center Long -Range Plan September 2, 1999 Budget Summary The following is a detailed breakdown of the tasks, hours and costs associated with the completion of Phase II of the Newport Center Long -Range plan. The breakdown is separated into three primary tasks: 1) Project Management; 2) OR Project Management; and 3) Preparation of the General Plan Amendment and Zoning Document for Newport Center. The budget is summarized as follows: Task 1 - Project Management $80,700 Task 2 - EIR Project Management $36,280 Task 3 - Preparation of GPA and Zoning Document $80,910 Other - Reproduction Costs $2,000 GRAND TOTAL $199,890 Task 1: Project Management Sub Task Description Estimated Hours Estimated Costs 1.1 Process Management Function as contract City staff and HI Inc. HT Inc. manage, oversee, and provide typical City planning staff functions related to Partner - 40 $31,420 the project; prepare for and attend PM - 250 regularly scheduled meetings with APM - 50 property owners and City staff; ensure that project is staying on schedule for both the preparation of the EIR and Zoning Document. 1.2 Review of Project Review and provide comments on HI Inc. HI Inc. Documentation various documents such as but not limited to the EIR technical reports, the Partner - 20 $11,260 EIR document, monitor the review PM- 70 schedule to ensure that reviews are APM - 30 conducted in an expeditious manner and on schedule; ensure that property owners provide comments on EIR, General Plan Amendment and Zoning Document on schedule i i 0 0 0 Scope of Work - Phase II Newport Center Long -Range Plan Page 2 10 1.3 Preparation of Reports and Prepare notices for community HI Inc. HI Inc. Documents meetings, public hearings and any special meetings called by the City; Partner - 20 $10,940 prepare staff reports, PM -80 recommendations, conditions of APM - 50 approval, resolutions and ordinances; prepare documentation for the Planning Commission Committee and Property Owners as needed to keep them informed on the project status 1.4 Coordination with Property Coordinate with Property Owners to HI Inc. HI Inc. Owners ensure project information is being adequately conveyed PM - 40 $5,080 APM - 20 1.5 Community Input Coordinate and make any necessary HI Inc. Hl Inc. presentations at community meetings; prepare for public hearings and make Partner - 20 $9,400 any required presentations at public PM - 40 hearings APM - 40 1.6 Public Approval Attend public hearings with Planning HI Inc HI Inc. Commission and City Council; prepare Partner - 20 graphic presentations that convey the PM - 40 $7,840 development concepts through either APM - 20 graphic and/or power point presentations Tellus Inc. Tellus Inc. PM-20 $2,000 TOTAL EST. HOURS AND HI Inc. HI Inc. COSTS Partner -120 PM - 520 $78,700 APM-210 Tellus Inc. Tellus Inc. PM - 20 $2,000 0 Scope of Work - Phase II Newport Center Long -Range Plan Page 3 Task 2: EIR Project Management 0 Sub Task Description Estimated Estimated Hours Costs 2.1 EIR. Process Management Function as contract City staff and HI Inc. HI Inc. manage, oversee, and provide City planning staff functions related to the Partner - 20 $10,280 preparation of the EIR, including PM -60 consultant selection, scoping of EIR APM - 40 work and preparation of reports and documents as necessary. Ensure that the EIR is staying on schedule. Meet with EIR consultants regularly to ensure that needed information is provided. Monitor EIR preparation and review schedule to ensure that reviews are conducted effectively and efficiently and on schedule; Coordinate with City Staff, the Project Team, Property Owners, Resource Agencies and the Public to ensure project information is accurately conveyed 2.2 Meetings Prepare for and attend regularly HI Inc. HI Inc. scheduled meetings with City staff and property owners and project team to PM -30 $2,640 ensure that the Project and EIR schedules are coordinated.. 2.3 Review of Project Review and provide comments on HI Inc. HI Inc. Documentation technical documents related to the Partner - 20 preparation of the EIR, including PM-40 $15,640 Screencheck EIR, pre-draft EIR, Response to Comments document, APM - 120 Mitigation Monitoring Program, and Resolutions. Prepare redline document and written comments on the Draft EIR 2.4 Review and Finalization of Review notices for community HI Inc. HI Inc. Reports and Documents meetings, public hearings and any special meetings called by the City. PM -20 $3,320 Review and finalize staff reports, Response to Comments document, APM - 20 resolutions, mitigation monitoring programs and other documentation for the Planning Commission and City Council. / LJ J 0 • Scope of Work - Phase II Newport Center Long -Range Plan Page 4 2.5 Community Input Oversee the EIR Consultant regarding any necessary presentations at community meetings and public hearings; attend public meetings as necessary Hi Inc. PM - 20 HI Inc. $1,760 2.6 Public Approval Prepare for and attend public hearings HI Inc HI Inc. Constraints with Planning Commission and City PM-20 $1,760 Council; Partner - 15 $3,830 TOTAL EST. HOURS AND project opportunities and HI Inc. HI Inc. COSTS constraints; develop 2 -3 design Partner - 40 $36,280 concepts from meeting with PM - 190 Planning Commission Committee APM - 180 Tellus Inc. 0 Task 3: Preparation of General Plan Amendment and Zoning Document Sub Task Description Estimated Hours Estimated Costs 3.1 Identify Opportunities and Attend walking tour of Newport HI Inc. HI Inc. Constraints Center and meet with Planning Commission Committee to define Partner - 15 $3,830 project opportunities and constraints; develop 2 -3 design PM-20 concepts from meeting with Planning Commission Committee Tellus Inc. Tellus Inc. PM-40 $4,000 E /9 n Scope of Work - Phase II Newport Center Long -Range Plan Page 5 F 3.2 Preparation of Document Prepare General Plan Amendment HI Inc. HI Inc. and Zoning Document for Newport Partner - 10 Center to modify the specificity of PM-80 $22,420 the existing General Plan and incorporates the vision of Newport APM - 160 Center; prepare a zoning document Word Processing - for Newport Center that combines 40 all elements of the existing Planned Community Text and zoning Tellus Inc. Tellus Inc. provisions into one comprehensive document; Design issues to consider include pedestrian PM - 10 $1,000 circulation, parking distribution and demand, open space amenities, and architectural design elements 3.3 Preparation of Graphics Prepare approximately 10 diagrams HI Inc. HI Inc. for the zoning document that address entry way features, PM - 30 $3,420 pedestrian circulation, edge conditions; parking distribution, APM - 10 open space areas and building mass, landscape treatments, etc.; This task Tellus Inc. Tellus Inc. also includes graphics for cross sections of important features to be included within the zoning PM - 75 $15,000 document. Illustrator - 75 3.4 Preparation of Architectural Prepare architectural design HI Inc. HI Inc. Guidelines guidelines and standards for zoning document PM -12 $1,000 Tellus Inc. Tellus Inc. PM-75 $15,000 Illustrator - 75 3.5 Develop Landscape Concepts Develop landscape pallette and HI Inc. HI Inc. theme to provide a consistent planting theme for Newport Center PM- 12 $1,000 Tellus Inc. Tellus Inc. PM - 80 $8,000 rir • 0 • ! • Scope of Work - Phase II Newport Center Long -Range Plan Page 6 • CJ 3.6 General Graphic Assistance As needed, provide general graphic HI Inc. HI Inc. and Community Outreach information to the City to convey the public and/or the property the vision and development concept PM-25 $2,200 Graphic Artist to the City and the community; Not Budgeted used for preparation of graphics for prepare community outreach the community outreach program at informational bulletin that covers Tellus Inc. Tellus Inc. the project and process and assists the public understand the Newport PM - 20 $2,000 Center development plan and vision. "May need graphic artist for community outreach which will be separate cost. 3.7 Meetings Attend regular scheduled meetings HI Inc. HI Inc. with the Property Owners, Planning Commission Committee and City None - See Task None - See stab 1.1 Task 1.1 Tellus Inc. Tellus Inc. PM-20 $2,000 TOTAL ESTIMATED HOURS HI Inc. HI Inc. AND COSTS Partner - 25 PM - 179 $33,870 APM - 170 Word Processing - 40 Tellus Inc. Tellus Inc. PM - 320 $47,000 Illustrator - 150 Other Reproduction Costs Duplication of GPA/Zoning $2,000 Document and other materials for the public and/or the property owners Graphic Artist If necessary, a graphic artist can be Not Budgeted used for preparation of graphics for the community outreach program at the City's discretion. 19/ Scope of Work - Phase II Newport Center Long -Range Plan Page 7 Total Costs 0 Task 1 - Project Management $80,700 Task 2 - EIR Project Management $36,280 Task 3 - Preparation of GPA and Zoning Document $80,910 Other - Reproduction Costs $2,000 GRAND TOTAL $199,890 • • • KI E • 0 SCHEDULE OF HOURLY RATES HOGL&IRELAND, INC. HOURLY RATES Effective August 1, 1999 CLASSIFICATION RATE Partner $138.00 Principal 110.00 Senior Project Manager 98.00 Project Manager 88.00 Associate Project Manager 78.00 Assistant Project Manager 62.00 Project Technician 48.00 Word Processing /Secretarial 38.00 TELLUS INC. 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