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HomeMy WebLinkAboutC-3823 - PSA; Evaluation of Development Review and Plan Check ProcessPROFESSIONAL SERVICES AGREEMENT WITH HOGLE- IRELAND, INC. C - -35aa3 THIS AGREEMENT is made and entered into as of this ICA day of January, 2006, by and between the CITY OF NEWPORT BEACH, a municipal corporation ( "City"), and Hogle- Ireland, Inc., a California corporation whose address is 2860 Michelle Drive, Suite 100, Irvine, California, 92606 ( "Consultant "), and 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 desires to engage Consultant to evaluate City's development review and plan checking process ( "Project "). C. Consultant possesses, the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. D. The principal member of Consultant for purposes of Project, shall bel-arry K. Hogle. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth 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 day of January, 2006, and shall terminate on the 30th day of June, 2006, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached as Exhibit "A" and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 0 Time is of the essence in the performance of the services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays 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. 3.1 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 that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 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. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit "B" and incorporated herein by reference. In no event shall Consultant's compensation exceed Forty Thousand Dollars ($40,000) without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: 2 �.I 0 0 A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved 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. 4.3 Consultant shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the. execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate 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 Agreement term. Consultant has designated Larry K. Hogle to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the 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. 6. ADMINISTRATION This Agreement will be administered by the City Manager's Office. Sharon Wood shall be the Project Administrator and shall have the authority to 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. 3 , V� C]j 7. CITY'S RESPONSIBILITIES • In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 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 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. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 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. 4 r 9. HOLD HARMLESS Is To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or 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 approval for 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 means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 5 0 0 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping 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. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. 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 Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 6 T. D. Coverage Requirements. 1. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. 2. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than two million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 4. Professional Errors and Omissions Insurance. Consultant shall maintain 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). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and 7 A Is. • • volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) days written notice has been received by City. G. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. H. Additional Insurance. 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. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: 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. 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. 0 R • 0 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon written request. 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. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes the release of information. 19. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 9 i 20. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and 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. 21. 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 and any. services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to 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 regular 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. 22. 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 return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 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 any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such 10 st, • 0 persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 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. 25. NOTICES All notices, demands, requests or approvals to be given under the terms of 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: Sharon Wood Assistant City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 (949) 644 -3222 Fax 644 -3020 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Larry K. Hogle Hogle- Ireland, Inc. 2860 Michelle Drive Suite 100 Irvine, CA 92606 { 949) 553 -1427 Fax 553 -0935 26. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, 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) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the 11 • • steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provision, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 27. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, regulations and permit requirements and be subject to approval of the Project Administrator and 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. 30. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 12 �4 • • 31. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 32. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of2this Agreement shall continue in full force and effect. 33. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 34. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: Robin Clauson; City Attorney for the City of Newport Beach ATTEST•v� ��X1I/I (9 By: MnHOSS V C1 '� LaV CITY Clerk CITY OF NEWPORT BEACH A Municipal Cf orporatio By: W Mayor for the City of Newport Beach CONSUL' Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates 13 0 rr1 • PROPOSAL for EVALUATION OF THE CITY'S DEVELOPMENT REVIEW AND PLAN CHECKING PROCESS Submitted to: December 2005 Submitted by: SCOPE OF WORK City of Newport Beach Hogle- Ireland, Inc. This study will evaluate the City's process for reviewing development applications and plan checking. The objective of the study is to make recommendations to improve the efficiency and effectiveness of the review processes. The evaluation will include staff roles and responsibilities, inter - departmental coordination, submittal requirements, submittal processes, work flow documentation, use of outside technical consultants, and timelines for processing applications. The evaluation will review the processes and responsibilities of Planning, Public Works, Building, Fire, and all other departments and agencies involved in the development application and plan checking review processes. The final work product will be a report presenting findings and recommendations for implementation. There are two important components in a study such as this: I . An in -depth review and analysis of the City applications, processes, and operating procedures. This commonly referred to as the "technical review." 2. Interviews - interviews with City staff and elected and appointed officials, if desired by the City, are very important. Interviews with clientele of the City (developers, architects, engineers, and property owners) are also recommended. It is suggested that the interviews with the City clientele be limited to a group of about ten individuals. The concerns and problems obtained from these interviews fall into two categories - real concerns and problems and perceived concerns and problems. Although the perceived concerns and problems may not be supported by facts, they are as important and in many cases, more important than the real concerns and problems. Both categories must be identified and addressed. Task A will start within one week after receiving authorization from the City to proceed. This project can be completed in approximately four months. Hogle- Ireland, Inc. City of Ne vporl Beach Page 1 9 0 Task A - Refinement of Scone of Work and Schedule and Review of City Materials 1. Refinement and adjustment of the scope of work and schedule to meet City needs and expectations. 2. Discuss with City staff the availability of development case processing materials and reports that can be reviewed prior commencing on -site activities. 3. Coordinate interviews and meetings that will take place in Task B. Anticipated Schedule: 2 weeks Task B - On -site Meetine and Interviews and Review of Processes This task will primarily be conducted on -site at the City of Newport Beach. 1. Conduct introduction and orientation meeting with City staff involved with the development review processes. Typically, two meetings are held with staff to introduce the consultant team and to explain the purpose of the study and how it will be conducted. This meeting is extremely important in order to set aside any fears and misconceptions the staff may have regarding the purpose of the study and how it will be conducted. We ask that City management be present at the meeting to introduce the consultant team and to show support for the study. 2. Staff written questionnaires - we strongly suggest the use of questionnaires that will be given to staff at the kick off, orientation meeting. We like to use a questionnaire that is open ended and asks for staff suggestions and identification of problem areas. We find that staff usually knows what has to be done to improve the processes and provides excellent input to the project team. The responses from staff are confidential and will be trailed back to the project team in addressed, stamped envelopes that will be provided at the staff meeting. The individual responses are kept confidential, but we will summarize them for City management and utilize them to focus our study. 3. Commencement of interviews with City management staff and the clientele of the City. The persons to be interviewed will be identified and the interviews scheduled in Task A. It is recommended that ten 30 minute interviews with City management and supervisory staff be scheduled. The interviews with City clientele must be limited in number in order to make the project manageable. We recommend that these interviews be limited to ten. 4. From the information received from the subtasks listed above, follow up interviews and observations of operations will be conduced on -site. Proposal Hogle- l- eland, Inc. Page 2 City of Newport Beach • • Anticipated Schedule: 3 weeks Task C - Review and Analysis This task will be conducted off -site at the Hogle- Ireland Irvine office. The information and materials obtained from Tasks A and B will be reviewed and analyzed and preliminary findings will be developed. It is anticipated that there will be telephone and e -mail communication with City staff to obtain additional information and clarifications as well as possible additional on -site visits. Anticipated Schedule:4 weeks Task D - Follow Up Interviews and On -site Observations The project team will be on -site at the City of Newport Beach to conduct follow up interviews with staff and to review and observe actual operations. The preliminary findings identified in Task C will be reviewed on site. Anticipated Schedule: 2 weeks Task E - Comparative Analysis The development review and development application processes of three Southern California cities will be reviewed and compared to that of the City of Newport Beach. The cities to be studied will be selected in consultation with City staff in Task B. The purpose of the comparative analysis is to look at real examples of processes as compared to those of the City of Newport Beach and to incorporate the "good" elements of those processes into an updated process for the City. Task F - Draft Report, Findings and Recommendations This task will be conducted off -site at the Hogle- Ireland Irvine office. The Draft Report will be provided to the City's representative for review and comment. The Final Report will be prepared and will contain findings and recommendations for implementation. Anticipated Schedule:4 weeks Task G - Wrap Up The project team will be on -site to: 1. Present the findings and recommendations to City staff. 2. If directed by City management, present to findings and recommendations to the City clientele. This could be handled by a presentation to the Planning Commission or City Council. Proposal Hogle- h•eland, Inc. Page 3 City of Newport Beach IS COST PROPOSAL The total cost for this study is $40,000. This cost proposal includes all overhead and travel expenses: Task A Task B Task C Task D Task E Task F Task G Total PROJECT TEAM $ 1,500 $ 3,500 $11,000 $ 3,500 $13,000 $ 5,000 $ 2,500 $40,000 The two key members of the Hogle- Ireland project team are Larry K. Hogle, Partner, and David Klug, Associate Project Manager. Mr. Hogle will function as the principal -in- charge as well as having direct, hands on involvement in the study. Larry K. Hogle Mr. Hogle is the founding partner of Hogle- Ireland and serves as President of the Corporation. His experience and qualifications are uniquely suited for this project. He is a planner, development consultant, and licensed engineer with extensive experience in development case processing and city organizations. He has served in city positions of Community Development Director, Building & Safety Director, City Engineer, Redevelopment Agency Director, and Housing Authority Director both as a city employee and contractor. He regularly serves as an expert witness in zoning and entitlement processing matters. In addition to functioning as principal -in- charge of the project, he will have an extensive, hands on role in all project activities. David Klug Mr. Klug has over 12 years of public sector planning and development experience. During his public sector employment he has served as a Planning /Zoning Administrator, Deputy Director a Director of a Planning Agency. Most recently, he has provided contract planning services to Hogle - Ireland contract cities. He will work closely with Mr. Hogle in carrying out all aspects of the project. Proposal Hogle- Ireland, Inc. Page 4 City of Newport Beach 9 0 Other Staff Although Larry Hogle and David Klug will have the primary responsibility for the proposed study, additional lower level staff assigned to the Irvine office will be used to assist with various aspects of the project. Hogle - Ireland has a complete graphics section in the Irvine office that will assist in providing any necessary graphics. COMPANY BACKGROUND Hogle - Ireland, Inc. is a land use, planning, and development consulting firm providing assistance to Conununity Development and Planning Departments faced with ever - increasing complexity in administering development processes, procedures, and regulations. Founded in January 1988, Hogle - Ireland, Inc. provides assistance to Community Development, Building, Planning and Public Works Departments. The firm has three offices, located in Irvine, Riverside, and Palm Springs. During the last eighteen (18) years, Hogle- Ireland, Inc. has provided a broad range of services to established public agencies and newly incorporated cities. Our services have ranged from setting up a complete department, including computers, furniture, and all staff, to preparation of initial General Plans and Zoning Ordinances to the review of processes and procedures. We have also become widely known for in -depth fee studies and development of cost- recovery programs for processing of development applications. We have prepared American Planning Association award winning Specific Plans and Zoning Ordinances. Our firm is uniquely qualified to provide services in these and other areas because of the background and professional experience of the Partners, Principals and staff. The Partners and Principals bring extensive experience as Community Development/Planning Directors of California public agencies. Eight members of our staff have served in Planning /Community Development Director positions for California cities and counties. In addition, all senior staff of Hogle - Ireland, Inc. have served in managerial positions in Community Development Departments. All of our professional staff have experience in California cities and counties. We have sixty -eight professional staff members in the company. Hogle- Ireland, Inc. is committed to providing superior, high -level service to our clients. We do so by maintaining a core of highly qualified staff possessing a wide range of skills that we match with our client's needs. SERVICES TO GOVERNMENTAL AGENCIES The services provided by Hogle- Ireland, Inc. to local governmental agencies are comprehensive because of our ability. to provide a broad -based management perspective Proposal Hogle- Ireland, Inc. Page 5 City of Nem por9 Beach -xr 9 0 to organizations and processes coupled with our "hands -on" knowledge. Services provided by Hogle - Ireland, Inc. fall into the following categories: • Planning Services - We provide contract staff services in all planning areas such as Advanced, Current, and Environmental. • General Plan Preparation Services - We prepare complete comprehensive General Plans, as well as individual elements of General Plans. • Zoning Code Development - We have received awards from the American Planning Association (APA) for the Laguna Hills Zoning Ordinance and the North Valencia Specific Plan. • Organizational and Development Processing Studies - We provide analyses of the efficiency and effectiveness of city development processing services including building, public works, and planning. • Interim Management - We provide temporary management for Planning and Community Development Departments. • Applications, Forms and Informational Materials - We develop and update applications, forms, and informational materials. • Counter Functions - We develop counter procedures and provide staffing for public counters. • Procedure and Policy Manuals - We develop procedures and policy manuals in all areas of planning and community development. • Fee Structure Analysis - We are known for our skills in the development of cost recovery systems for Planning, Engineering, Building and Safety, and other development related activities. • Environmental - We prepare Initial Studies, Negative Declarations, and Mitigation Monitoring Programs. We also develop Environmental Procedures for compliance with the California Environmental Quality Act. • Transitional Services for Newly Incorporated Cities or for Cities transitioning to contract services - We have worked with numerous cities in transitioning from County to City operations. We also provide a wide range of contract planning services to established cities. • Specific Plan Development and Management - We have written and received awards for developing outstanding Specific Plans and we also function as Specific Plan project managers for cities. Proposal Hogle- Ireland, Inc. Page G Ciry of Newport Beach V 0 0 REPRESENTATIVE PUBLIC SECTOR CLIENTS The following is a list of public sector clients for whom Hogle- Ireland, Inc. has provided services: City of Anaheim City of Irvine City of Arcadia City of Laguna Hills City of Canyon Lake* City of Laguna Niguel City of Corona City of Malibu * City of Costa Mesa City of Montebello City of Cypress City of Murrieta * City of Culver City City of Newport Beach City of Dana Point * City of Norco* City of Diamond Bar City of Norwalk City of Fontana City of Ontario * City of Grand Terrace City of Orange * City of Highland City of Perris City of Huntington Beach City of Chino City of Riverside County of Riverside City of San Bernardino County of San Bernardino * City of Santa Ana Town of Truckee City of Rancho Cucamonga City of Twentynine Palms * City of Redlands City of West Covina City of Westminster City of Yorba Linda City of Yucaipa Town of Apple Valley Town of Yucca Valley * City of Laguna Woods City of Pomona * City of Goleta City of Downey City of Huntington Park City of Hesperia * City of Whittier City of Moreno Valley * City of San Jacinto * Active Client EXAMPLES OF SIMILAR PROJECTS County of San Bernardino Hogle- Ireland conducted a comprehensive review of the County's Community Development operation and presented reconunendations to improve the processes and customer service. This project involved significant input from the development conmiunity. Following the completion of this project, the County engaged us to provide the scoping for their upcoming General Plan update. This project received an APA award. The County then asked us to participate in the update of the General Plan. Contact: Mr. Randy Scott, Planning Manager Telephone number: 909- 387 -4147 Proposal City of Newport Beach Hogle- Ireland, Inc. Page 7 7:� City of Pomona Hogle - Ireland conducted a management and organization study of the Building & Safety Division of the Community Development Department. This study reviewed all operations, applications, and processes as well as those of other Departments involved in the development review and approval processes. An additional contract has just been awarded to Hogle- Ireland to assist in the implementation of the recommendations and to update the application and processing fees of the Building & Safety and Planning Divisions. Contact: Mr. Rick Gomez, Community Development Director (was the Director at that time - has since left the City) Telephone number: 909- 620 -2421 City of Goleta Hogle - Ireland established the entire Community Development Department in June 2002 for this newly incorporated city and provided all Department staffing and management from June 2002 through April 2003. We developed the complete organization along with all processes, forms, and applications. Contact: Mr. Ken Curtis, Community Development Director Telephone number: 805- 961 -7500 City of Yorba Linda Hogle - Ireland conducted an organization review of the Building and Safety Division of the Community Development Department. The work product included recommendations and an implementation program. Following the completion of this review, the City engaged us to update their Zoning Code and all related processes related to Planning. Contact: Ms. Pat Haley, Community Development Director (now retired) Telephone number: 714 -961 -7130 City of Laguna Woods Hogle - Ireland established the Planning Department and all planning operations for this newly incorporated city. We also developed their first General Plan and Zoning Code. Contact: Ms. Leslie Keane, City Manager Telephone number: 949 -639 -0500 City of Laguna Hills Hogle - Ireland established the Planning /Community Development Department in 1991 for this newly incorporated city and staffed and managed all operations until 2000. Proposal Chy ofNenporl Beach Hogle- h•eland, hvc. Page 8 1 3 • • Contact: Mr. Bruce Charming, City Manager Telephone number: 949- 707 -2600 We have also conducted organizational and process reviews of development case processing for the Cities of Huntington Beach, Moreno Valley, and Norwalk. We have established the entire Planning and Community Development Departments for seven newly incorporated cities. CONTACT INFORMATION Hogle - Ireland, Inc. is a California corporation and was established in January 1988. The corporate office is in the City of Irvine at the address shown below. Services provided to the City of Newport Beach will be provided out of the Irvine office. Irvine Office 2860 Michelle Drive, Suite 100 Irvine. CA 92606 Telephone: 949 -553 -1427 Fax: 949 -553 -0936 Contacts: Larry K. Hogle, President Paul J. Ireland, Vice President Mike Thiele, Principal Proposal Hogle - Ireland, Inc. Page 9 Cily of Newport Beach J �` EXHIBIT B SCHEDULE OF HOURLY RATES HOGLE- IRELAND, INC. HOURLY RATES Effective January 1, 2006 CLASSIFICATION RATE Partner 165.00 Principal 140.00 Director of Public Relations 125.00 Director of Environmental Planning 125.00 Senior Designer 120.00 Senior Project Manager 120.00 Project Manager 110.00 Senior Associate Project Manager 100.00 Associate Project Manager II 90.00 Associate Project Manager 1 85.00 Graphics Designer 80.00 Assistant Project Manager 11 80.00 Assistant Project Manager 1 65.00 Project Technician 60.00 Word Processing 60.00 All hourly rates include normal overhead. Reimbursable expenses, including blueprints, etc., will be billed at cost plus 10 %. Hourly rates are updated periodically. Expert Witness for deposition & testimony will be billed at $350.00 /hour. • • �-��sz3 CITY OF NEWPORT BEACH CrI Y CV a:_r, e. -.acH CITY COUNCIL STAFF REPORT .iAN I_ p 206 �Pg Agenda Item No. g January 10, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Sharon Wood, Assistant City Manager 949- 644 -3222, swood @city.newport- beach.ca.us SUBJECT: Professional Services Agreement with Hogle- Ireland, Inc. for Evaluation of Development Review and Plan Check Process ISSUE: City Council members and staff receive complaints regarding the amount of time it takes to complete the City's development review and plan check processes. Should the City hire Hogle- Ireland, Inc. to evaluate these processes and recommend improvements that can save time for applicants and City staff? RECOMMENDATIONS: Approve a budget amendment transferring $40,000 from unappropriated general fund reserve to the City Manager's professional and technical services account, 0310 -8080. 2. Approve the attached Professional Services Agreement with Hogle - Ireland, Inc., and authorize the Mayor and City Clerk to execute the agreement. DISCUSSION: Four years ago, the staff in all departments involved in the development review and permitting functions established a task force to review processes and procedures with the goal of reducing the amount of time required to complete the process. Many improvements were identified and implemented by this group, including simultaneous review by all departments and empowering Public Works to conduct simple reviews for General Services and Utilities, all with the goal of completing the first plan check within 4 weeks of submittal. Implementation of these improvements helped for a while, but development activity continued to increase, and additional improvements have been planned and /or implemented (e.g., a new Records Specialist position to manage the flow of plans, sequester time for Planners). WA with Hogle- Ireland, Inc. January 10, 2006 Page 2 Even with these improvements, we are not consistently able to meet our 4 -week goal, and the City Council and Manager continue to receive complaints. Some complaints are related to the amount of time in the process, but others are related to coordination between departments. The concerns about time could be resolved with additional staff or a decrease in development activity. But if we do need to improve inter - departmental coordination, that need will remain regardless of the workload and staffing level. Staff is recommending that the City undertake an independent, outside evaluation of our development review and plan check processes. City staff who evaluated these processes in the past did an excellent job, but are too close to the process to be able to see where existing procedures could be improved further. Staff received two proposals to conduct this evaluation, one from IBM and one from Hogle- Ireland, Inc. This would be a new business area for IBM, and the individual who would have conducted the study took a long leave of absence. Hogle- Ireland, Inc. has done work for the City for several years, beginning with a comprehensive plan for Newport Center in 1999 and continuing to the present with Planning staff support for the Hoag Hospital and Mariner's Mile Gateway projects. Larry Hogle, the partner who would be project manager, has experience as a city Community Development Director, and has conducted similar studies for other cities. The proposal includes written questionnaires to staff, interviews with staff and users of our services, review and analysis of Newport Beach's processes, and analysis of other cities' processes to determine best practices that Newport Beach could incorporate. The project would be completed in four months, and cost $40,000. Funding Availability: With the recommended budget amendment, sufficient funds will be available in the City Manager's professional and technical services account. Submitted by: yyd-15�c Sharon Wood Assistant City Manager Attachments: 1. Professional Services Agreement 2. Budget Amendment 0 0 PROFESSIONAL SERVICES AGREEMENT WITH HOGLE - IRELAND, INC. THIS AGREEMENT is made and entered into as of this day of January, 2006, by and between the CITY OF NEWPORT BEACH, a municipal corporation ( "City "), and Hogle- Ireland, Inc., a California corporation whose address is 2860 Michelle Drive, Suite 100, Irvine, California, 92606 ( "Consultant"), and 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 desires to engage Consultant to evaluate City's development review and plan checking process ( "Project "). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. D. The principal member of Consultant for purposes of Project, shall bel-arry K. Hogle. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant; and desires to retain Consultant to render professional services under the terms and conditions set forth 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 _ day of January, 2006, and shall terminate on the 30th day of June, 2006, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached as Exhibit "A" and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. • • 3. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays 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. 3.1 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 that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 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. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit "B" and incorporated herein by reference. In no event shall Consultant's compensation exceed Forty Thousand Dollars ($40,000) without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: 2 �I E 0 A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved 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. 4.3 Consultant shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate 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 Agreement term. Consultant has designated Larry K. Hogle to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the 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. 6. ADMINISTRATION This Agreement will be administered by the City Manager's Office. Sharon Wood shall be the Project Administrator and shall have the authority to 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. 3 h • • 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 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 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. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 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. 3 • • 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or 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 approval for 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 means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. [.7 11. COOPERATION 0 Consultant agrees to work closely and cooperate fully with. City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping 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. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. 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 Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 0 0 D. Coverage Requirements. 1. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. 2. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than two million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 4. Professional Errors and Omissions Insurance. Consultant shall maintain 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). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and 7 volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) days written notice has been received by City. G. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. H. Additional Insurance. 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. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: 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. 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. 8 • • 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon written request. 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. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes the release of information. 19. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive "bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 9 0 20. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and 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. 21. 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 and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to 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 regular 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. 22. 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 return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 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 any financial interest that may foreseeably be materially affected. by the work performed under this Agreement, and (2) prohibits such 10 persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 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. 25. NOTICES All notices, demands, requests or approvals to be given under the terms of 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: Sharon Wood Assistant City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 (949) 644 -3222 Fax 644 -3020 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Larry K. Hogle Hogle- Ireland, Inc. 2860 Michelle Drive Suite 100 Irvine, CA 92606 ( 949) 553 -1427 Fax 553 -0935 26. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, 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) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the 11 steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provision, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 27. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, regulations and permit requirements and be subject to approval of the Project Administrator and 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. 30. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 12 31. AMENDMENTS 0 This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 32. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of2this Agreement shall continue in full force and effect. 33. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 34. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: Robin Clauson; City Attorney for the City of Newport Beach ATTEST: in LaVonne Harkless CITY Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor for the City of Newport Beach CONSULTANT In Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates 13 0 EXHIBIT A i PROPOSAL for EVALUATION OF THE CITY'S DEVELOPMENT REVIEW AND PLAN CHECKING PROCESS Submitted to: December 2005 Submitted by: . SCOPE OF WORK City of Newport Beach Hogle-Ircland, Inc. This study will evaluate the City's process for reviewing development applications and plan checking. The objective of the study is to make recommendations to improve the efficiency and effectiveness of the review processes. The evaluation will include staff roles and responsibilities, inter - departmental coordination, submittal requirements, submittal processes, work flow documentation, use of outside technical consultants, and timelines for processing applications. The evaluation will review the processes and responsibilities of Planning, Public Works, Building, Fire, and all other departments and agencies involved in the development application and plan checking review processes. The final work product will be a report presenting findings and recommendations for implementation. There are two important components in a study such as this: Au in -depth review and analysis ofthe City applications, processes, and operating procedures. This commonly referred to as the "technical review." 2. Interviews - interviews with City staff and elected and appointed officials, if desired by the City, are very important. Interviews with clientele of the City (developers, architects, engineers, and property owners) are also recommended. It is suggested that the interviews with the City clientele be limited to a group of about ten individuals. The concerns and problems obtained from these interviews fall into two categories - real concerns and problems and perceived concerns and problems. Although the perceived concerns and problems may not be supported by tacts, they are as important and in many cases, more important than the real concerns and problems. Both categories must be identified and addressed. Task A will start within one week after receiving authorization from the City to proceed. This project call be completed in approximately four months. Proposal City of Neivporl Beach Hogle- h-eland, hvc. Page I F_ L 1 Task A - Refinement of Scone of Work and Schedule and Review of City Materials 1. Refinement and adjustment of the scope of work and schedule to meet City needs and expectations. 2. Discuss with City staff the availability of development case processing materials and repots that can be reviewed prior commencing on -site activities. 3. Coordinate interviews and meetings that will take place in Task B. Anticipated Schedule:2 weeks Task B - On -site Meeting and Interviews and Review of Processes This task will primarily be conducted on-site at the City of Newport Beach. 1. Conduct introduction and orientation meeting with City stafT involved with the development review processes. Typically, two meetings are held with staff to introduce the consultant team and to explain the purpose of the study and how it will be conducted. This meeting is extremely important in order to set aside any fears and misconceptions the staff may have regarding the purpose of the study and how it will be conducted. We ask that City management be present at the meeting to introduce the consultant team and to show support for the study. 2. Staff written questionnaires - we strongly suggest the use of questionnaires that will be given to staff at the kick off, orientation meeting. We like to use a questionnaire that is open ended and asks for staff suggestions and identification of problem areas. We find that staff usually knows what has to be done to improve the processes and provides excellent input to the project team. The responses from staff are confidential and will be mailed back to the project team in addressed, stamped envelopes that will be provided at the staff meeting. The individual responses are kept confidential, but we will summarize them for City management and utilize them to focus our study. 3. Commencement of interviews with City management staff and the clientele of the City. The persons to be interviewed will be identified and the interviews scheduled in Task A. It is recommended that ten 30 minute interviews with City management and supervisory staff be scheduled. The interviews with City clientele must be limited in number in order to make the project manageable. We recommend that these interviews be limited to ten. 4. From the information received from the subtasks listed above, follow up interviews and observations of operations will be conduced on -site. Proposed Hogle- Leland( hrc. Page 2 Qi, of Neu port Reach Anticipated Schedule: 3 weeks Task C - Review and Analysis This task will be conducted off-site at the Hogle- Ireland Irvine office. The information and materials obtained from Tasks A and B will be reviewed and analyzed and preliminary findings will be developed. It is anticipated that there will be telephone and e -mail communication with City staff to obtain additional information and clarifications as well as possible additional on -site visits. Anticipated Schedule:4 weeks Task D - Follow Uv Interviews and On -site Observations The project team will be on -site at the City of Newport Beach to conduct follow up interviews with stall' and to review and observe actual operations. "file preliminary findings identified in Task C will be reviewed on site. Anticipated Schedule: 2 weeks Task G - Comparative Analysis The development review and development application processes of three Southern California cities will be reviewed and compared to that of the City of Newport Beach. The cities to be studied will be selected in consultation with City staff in Task B. The purpose of the comparative analysis is to look at real examples of processes as compared to those of the City of Newport Beach and to incorporate the "good elements of those processes into an updated process for the City. Task F - Draft Report, Findings and Recommendations This task will be conducted off- -site at the Hogle- Ireland Irvine office. The Draft Report will be provided to the City's representative for review and comment. The Final Report will be prepared and will contain findings and recommendations for implementation. Anticipated Schedule:4 weeks Task G - Wrap Up The project team will be on -site to: I . Present the findings and recommendations to City staff. 2. If directed by City management, present to findings and recommendations to the City clientele. This could be handled by a presentation to the Planning Commission or City Council. Proposal Hogle- Ireland, Me, Page 3 City of Newport Beach 0 COST PROPOSAL 0 The total cost for this study is $40,000. This cost proposal includes all overhead and travel expenses: Task A Task I3 Task C Task D Task E Task F Task G_:.. Total PROJECT TEAM $ 1,500 $ 3,500 $11,000 $ 3,500 $13,000 $ 5,000 $ 2,500 $40,000 The two key members of the Hogle- Ireland project team are Larry K. Hogle, Partner, and David Klug, Associate Project Manager. Mr. Hogle will function as the principal -in- charge as well as having direct, hands on involvement in the study. Larry K. I-Imle Mr. Hogle is the founding partner of Hogle- Ireland and serves as President of the Corporation. His experience and qualifications are uniquely suited for this project. He is a planner, development consultant, and licensed engineer with extensive experience in development case processing and city organizations. He has served in city positions of Community Development Director, Building Sa Safety Director, City Engineer, Redevelopment Agency Director, and Housing Authority Director both as a city employee and contractor. lie regularly serves as an expert witness in zoning and entitlement processing matters. In addition to functioning as principal -in- charge of the project, lie will have an extensive, hands on role in all project activities. David Klux Mr. Klug has over 12 years of public sector planning and development experience. During his public sector employment he has served as a Planning/Zoning Administrator, Deputy Director a Director of a Planning Agency. Most recently, he has provided contract planning services to Hogle - Ireland contract cities. He will work closely with Mr. Hogle in carrying out all aspects of the project. Proposal Ilogle- Ireland, Inc. Page 4 01p of Nerrporl Beach 0 Other Staff 0 Although Larry Hogle and David Klug will have the primary responsibility for the proposed study, additional lower level staff assigned to the Irvine office will be used to assist with various aspects of the project. Hogle- Ireland has a complete graphics section in the Irvine office that will assist in providing any necessary graphics. COMPANY BACKGROUND Hogle - Ireland, Iue. is a land use, planning, and development consulting firm providing assistance to Community Development and Planning Departments faced with ever - increasing complexity in administering development processes, procedures, and regulations. Pounded in January 1988, I-Iogle- Ireland, Inc. provides assistance to Community Development, Building, Planning and Public Works Departments. The firm has three offices, located in Irvine, Riverside, and Palm Springs. During the last eighteen (18) years, Hogle- Ireland, Inc. has provided a broad range of services to established public agencies and newly incorporated cities. Our services have ranged from setting up a complete department, including computers, furniture, and all stalf. to preparation of initial General Plans and Zoning Ordinances to the review of processes and procedures. We have also become widely known for in -depth fee studies and development of cost - recovery programs for processing of development applications. We have prepared American Planning Association award winning Specific Plans and Zoning Ordinances. Our firm is uniquely qualified to provide services in these and other areas because of the background and professional experience of the Partners, Principals and staff. The Partners and Principals bring extensive experience as Community Development /Planning Directors of California public agencies. Eight members of our staff have served in Planning /Community Development Director positions for California cities and counties. In addition, all senior staff of Hogle- Ireland, Inc. have served in managerial positions in Community Development Departments. All of our professional staff have experience in California cities and counties. We have sixty -eight professional staff members in the company. Hogle- Ireland, Inc. is committed to providing superior, high -level service to our clients. We do so by maintaining a core of highly qualified staff possessing a wide range of skills that we match with our client's needs. SERVICES TO GOVERNMENTAL AGENCIES The services provided by I- Iogle- Ireland, Inc. to local governmental agencies are comprehensive because of our ability.to provide a broad -based management perspective Proposal Hogle- lrelarnl, lnc. Page 5 Cite of Newporl Beach 0 to organizations and processes coupled with our "hands -on" knowledge. Services provided by Hogle- Ireland, Inc. fall into the following categories: • Planning Services - We provide contract staff services in all planning areas such as Advanced, Current, and Environmental. • General Plan Preparation Services - We prepare complete comprehensive General Plans, as well as individual elements of General Plans. • Zoning Code Development - We have received awards from the American Planning Association (APA) for the Laguna Hills Zoning Ordinance and the North Valencia Specific Plan. • Organizational and Development Processing Studies - We provide analyses of lire efficiency and effectiveness of city development processing services including building, public works, and planning. • Interim Management - We provide temporary management for Planning and Community Development Departments. • Applications, Forms and Informational Materials - We develop and update applications, forms, and informational materials. • Counter Functions - We develop counter procedures and provide staffing for public counters. • Procedure and Policy Manuals - We develop procedures and policy manuals in all areas of planning and community development. • Fee Structure Analysis - We are known for our shills in the development of cost recovery systems for Planning, Engineering, Building and Safety, and other development related activities. • Environmental - We prepare Initial Studies, Negative Declarations, and Mitigation Monitoring Programs. We also develop Environmental Procedures for compliance with the California Environmental Quality Act. • Transitional Services for Newly Incorporated Cities or for Cities transitioning to contract services - We have worked with numerous cities in transitioning from County to City operations. We also provide a wide range of contract planning services to established cities. • Specific Phan Development and Management - We have written and received awards for developing outstanding Specific Plans and we also function as Specific Plan project managers for cities. Proposal Ilogle- Ireland, Inc. Purge G Qv of Newport Bench 11 0 0 REPRESENTATIVE PUBLIC SECTOR CLIENTS The following is a list of public sector clients for whom Hogle- Ireland, Inc. has provided services: City of Anaheim City of Irvine City of Arcadia City of Laguna Hills City of Canyon Lake* City of Laguna Niguel City of Corona City of Malibu * City of Costa Mesa City of Montebello City of Cypress City of Murrieta * City of Culver City City of Newport Beach City of Dana Point * City of Norco* City of Diamond Bar City of Norwalk City of Fontana City of Ontario City of Grand Terrace City of Orange City of Highland City of Penis City of Huntington Beach City of Chino City of Riverside County of Riverside City of San Bernardino County of San Bernardino * City of Santa Ana Town of Truckee City of Rancho Cucamonga City of Twentynine Palms * City of Redlands City of West Covina City of Westminster City of Yorba Linda City of Yucaipa Town of Apple Valley Town of Yucca Valley * City of Laguna Woods City of Pomona * City of Goleta City of Downey City of Huntington Park City of Hesperia * City of Whittier City of Moreno Valley * City of San Jacinto * Aclive Client EXAMPLES OF SIMILAR PROJECTS County of San Bernardino Hogle- Ireland conducted a comprehensive review of the County's Community Development operation and presented recommendations to improve the processes and customer service. This project involved significant input from the development community. Following the completion of this project, the County engaged us to provide the scoping for their upcoming General Plan update. This project received an APA award. The County then asked us to participate in the update of the General Plan. Contact: Mr. Randy Scott, Planning Manager Telephone number: 909 - 387 -4147 Proposal hlogle- Ireland(, Inc. Page 7 Cily of Newport Beach City of Pomona Hogle - Ireland conducted a management and organization study of the Building & Safety Division of the Community Development Department. This study reviewed all operations, applications, and processes as well as those of other Departments involved in the development review and approval processes. An additional contract has just been awarded to Hogle - Ireland to assist in the implementation of the recommendations and to update the application and processing fees of the Building & Safety and Planning Divisions. Contact: Mr. Rick Gomez, Community Development Director (was the Director at that time - has since left the City) Telephone number: 909- 620 -2421 City of Goleta Hogle- Ireland established the entire Community Development Department in June 2002 for this newly incorporated city and provided all Department staffing and management from .tune 2002 through April 2003. We developed the complete organization along with all processes, forms, and applications. Contact: Mr. Ken Curtis, Community Development Director Telephone number: 805- 961 -7500 City of Yorba Linda Hogle- h-eland conducted an organization review of the Building and Safety Division of the Community Development Department. The work product included recommendations and an implementation program. Following the completion of this review, the City engaged us to update their Zoning Code and all related processes related to Planning. Contact: Ms. Pat Haley, Community Development Director (now retired) Telephone number: 714- 961 -7130 City of Laguna Woods Hogle- Ireland established the Planning Department and all planning operations for this newly incorporated city. We also developed their first General Plan and Zoning Code. Contact Ms. Leslie Keane, City Manager Telephone number: 949 -639 -0500 City of Laguna Hills Hogle-h-eland established the Planning /Community Development Department in 1991 for this newly incorporated city and staffed and managed all operations until 2000. Proposal Cl py of Nemporl Beach Hogle- Ireland, lnc. Page 8 0 0 Contact: Mr. Bruce Charming, City Manager Telephone number: 949 - 707 -2600 We have also conducted organizational and process reviews of development case processing for the Cities of Huntington Beach, Moreno Valley, and Norwalk. We have established the entire Planning and Community Development Departments for seven newly incorporated cities. CONTACT INFORMATION Hogle- Ircland, Inc. is a California corporation and was established in January 1988. The corporate office is in the City of Irvine at the address shown below. Services provided to the City of Newport Beach will be provided out of the Irvine office. Irvine Office 2860 Michelle Drive, Suite 100 Irvine, CA 92606 Telephone: 949 -553 -1427 Pay:: 949- 553 -0936 Contacts: Lang K. Hogle, President Paul J. Ireland, Vice President Mike Thiele, Principal Proposal CRY q/ Nemporl Bcach 'and, Inc. Page 9 0 0 EXHIBIT B SCHEDULE OF HOURLY RATES HOGLE- IRELAND, INC. HOURLY RATES Effective January 1, 2006 CLASSIFICATION RATE Partner 165.00 Principal 140.00 Director of Public Relations 125.00 Director of Environmental Planning 125.00 Senior Designer 120.00 Senior Project Manager 120.00 Project Manager 110.00 Senior Associate Project Manager 100.00 Associate Project Manager 11 90.00 Associate Project Manager 1 85.00 Graphics Designer 80.00 Assistant Project Manager 11 80.00 Assistant Project Manager 1 65.00 Project Technician 60.00 Word Processing 60.00 All hourly rates include normal overhead. Reimbursable expenses, including blueprints, etc., will be billed at cost plus 10 %. Hourly rates are updated periodically. Expert Witness for deposition & testimony will be billed at $350.00 /hour. Vty of Newport Beach NO. BA- 0613A -040 BUDGET AMENDMENT 200"6 AMOUNT: 540,000.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND AX Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations from the unappropriated fund balance in the General Fund to contract for an evaluation of the City's development review and plan check process. ACCOUNTING ENTRY: BUDGETARYFUND BALANCE Amount Fund Account Description Debit Credit 010 3605 General Fund - Fund Balance $40,000.00 " REVENUE ESTIMATES (3601) Fund /Division Account Description EXPENDITURE APPROPR/A77ONS (3603) Description Division Number 0310 City Manager Account Number 8080 Services - Professional & Technical $40,000.00 Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Automatic System Entry. Signed: /l Q/ Oz-C)F Financial Approval: Administ ve Services Director Date Signed: 04t2,4 p p Administrative Ap val: City Manager Dat Signed: City Council Approval: City Clerk Date