HomeMy WebLinkAboutC-3833 - PSA for Contract Planning ServicesPROFESSIONAL SERVICES AGREEMENT WITH
HOGLE - IRELAND, Inc FOR PLANNING SERVICES
THIS AGREEMENT is made and entered into this 9th day of October,
2007, by and between CITY OF NEWPORT BEACH, a Municipal
Corporation (hereinafter referred to as "City "), and HOGLE- IRELAND,
INC., a California Corporation, whose whose address is 2860 Michelle Drive,
Suite 100, Irvine, California, 92606, (hereinafter referred to as "Consultant"), is
made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business
as it is now being conducted under the statutes of the State of California
and the Charter of City.
B. City desires to engage Consultant to provide planning staff services upon
the terms and conditions contained in this Agreement.
C. Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this
Agreement.
E. The principal member of Consultant for purposes of Project shall be Paul
Ireland.
F. 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 above written date, and
shall terminate on the 9th day of March, 2008, 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 hereto 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.
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3. TIME OF PERFORMANCE
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Time is of the essence in the performance of services under this
Agreement and Consultant shall perform services in a timely manner as
necessary for the City of Newport Beach to comply with the submittal and
processing requirements of the Permit Streamlining Act. The failure by
Consultant to provide services in such a timely manner 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
Billing Rates attached hereto as Exhibit B, both incorporated herein by
reference. Consultant's compensation for all work performed in
accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed Forty Thousand Dollars and
no /100 ($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.
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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:
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
performed 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 as set
forth in Exhibit B.
5. Consultant Staff
Consultant has designated Robert Kaine, Senior Asscociate Project
Manager and Brian Kurnow, Associate Project Manager II, to provide
planning staff services under this Agreement. Consultant staff shall be
available to City at all reasonable times during the Agreement term.
Consultant shall not remove or reassign designated staff or assign any
new or replacement personnel without the prior written consent of City.
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 provide planning staff services on a timely basis
as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Planning Department. David
Lepo 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
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the services to be rendered pursuant to this Agreement in performing
duties set forth in the Scope of Services in Exhibit "A ".
7. STANDARD OF CARE
7.1 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.
7.2 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.
7.3 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.
8. 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
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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.
9. 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.
10. 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.
11. 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 planning staff services proceeds in a
manner consistent with City goals and policies.
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12. PROGRESS
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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 planning staff services, activities performed
and planned, and any meetings that have been scheduled or are desired.
13. INSURANCE
Without limiting Consultant's indemnification of City, and ria or 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's 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.
D. Coverage Requirements.
i. 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) calendar days (10 calendar days written notice of
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non - payment of premium) 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.
ii. General Liability Coverage. Consultant shall maintain
commercial general liability insurance in an amount not less
than one 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.
iii. 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.
iv. 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 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
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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) calendar days
(10 calendar days written notice of non - payment of
premium) written notice has been received by City.
F. 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.
G. 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.
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15. 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 prior 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.
16. 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 in writing the release of
information.
17. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all 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.
18. 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 under this
Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make
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transcripts or copies of such records and invoices 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 to Consultant under this
Agreement.
19. WITHHOLDINGS
City may withhold payment to Consultant 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 /her 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.
20. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or
professional inexperience of Consultant which result in expense to City
greater than what would have resulted if there were not errors or
omissions in the work accomplished by Consultant, the additional design,
construction and /or restoration expense shall be borne by Consultant.
Nothing in this paragraph is intended to limit City's rights under any other
sections of this Agreement.
21. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
22. 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 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
immediate 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.
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23. NOTICES
All notices, demands, requests or approvals to be given under the terms
of this Agreement shall be given in writing, to City by Consultant 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:
Attn: David Lepo
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3200
Fax: 949 -644 -3229
All notices, demands, requests or approvals from CITY to Consultant shall
be addressed to Consultant at:
Attn: Paul Ireland
Hogle- Ireland, Inc.
2860 Michelle Drive, Suite 100
Irvine, CA 92606
Phone: (949) 553 -1427
Fax: (949) 553 -0935
24. 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 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 provisions, 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
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the effective date of termination, Consultant shall deliver to City all
reports, Documents and other information developed or accumulated in
the performance of this Agreement, whether in draft or final form.
25. 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, rules,
regulations and permit requirements and be subject to approval of the
Project Administrator and City.
26. 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.
27. 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.
28. 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.
29. INTERPRETATION
The Terms of this Agreement shall be construed in accordance with the
meaning of the language used and shall not be construed for or against
either party by reason of the authorship of the Agreement or any other
rule of construction which might otherwise apply.
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30. 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.
31. 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 of this Agreement shall continue in full force and
effect.
32. 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.
33. 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.
APPROV D AS TO FORM:
ro ✓ By.
�c �-
City ttorney
for the City of Newport Beach 2.d
ATTES /
B lV��ol�
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Muuniicciii al C�orrporation
City Manager"
for the City of Newport Beach
, Inc.
Attachments: Exhibit A - Scope of Services
Exhibit B - Billing Rates
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EXHIBIT "A"
SCOPE OF SERVICES
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Hogle- Ireland will provide contract planning services to the City of Newport Beach.
Hogle- Ireland will function on behalf of the City in providing Geographic
Information Systems (GIS) support with mapping analysis and exhibit preparation
to assist with the completion of the new Zoning Code, in reviewing project
submittals, and preparing staff analyses and reports.
Hourly rates are included as Exhibit "B ". For budgeting purposes, $40,000 is
authorized for this contract based on an average of one hundred (145) Senior
Associate Project Manager hours and two- hundred forty hours (240) Associate
Project Manager II hours during the term of this agreement. Hogle- Ireland does
not charge mileage, telephone, or fax charges within Orange County.
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EXHIBIT "B"
SCHEDULE OF HOURLY RATES
HOGLE - IRELAND, INC.
HOURLY RATES
Effective June 1, 2007
SCHEDULE
OF HOURLY
RATES
CLASSIFICATION
RATE
Partner
150.00 to 180.00
Principal
140.00 to 160.00
Director of Environmental Planning
140.00
Senior Designer
130.00
Senior Project Manager
130.00 to 150.00
Project Manager
120.00 to 135.00
Senior Associate Project Manager
110.00
Associate Project Manager II
100.00
Associate Project Manager 1
95.00
Graphics Designer
85.00
Assistant Project Manager II
85.00
Assistant Project Manager 1
70.00
Project Technician
65.00
Word Processing
65.00
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
8350.00lhour.
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EXHIBIT "C"
All staff assigned by Hogle- Ireland are our employees. We do not use temporary workers,
independent contractors, or consultants. Hogle- Ireland has invested time and financial resources
for recruiting, hiring, backgrounding, training, and mentoring our employees. As a
known for providing high quality planning staff. Therefore, if at any time during a
employee's assignment at the City of Newport Beach, or for a period of 90 day s
employee's last assignment day at the City, City hires a Hogle- Ireland employee,
agrees to pay Hogle- Ireland as follows:
Project Technician
$10,000.00
Assistant Project Manager I
$11,000.00
Assistant Project Manager II
$12,000.00
Associate Project Manager I
$15,000.00
Associate Project Manager II
$17,000.00
Senior Associate Project Manager
$20,000.00
Project Manager
$21,000.00
Senior Project Manager
$25,000.00
Principal
$30,000.00
result, we are
Hogle- Ireland
following the
then, the City
These fees represent lost billing revenue, plus the costs for Hogle- Ireland to recruit, train, and
reassign new staff.
By:
Q1 Irellarid
Hogle- Irelan ,Inc.
Date: O
By:
David Lepo
City of Newport Beach
Date: 1 D re
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• G_ 3V':5 M)00-1-7-00_7
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. -18
October 9, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Daniel Campagnolo, GIS Analyst
Planning Department
9491644 -3231 dcampagnolo @city.newport - beach.ca.us
SUBJECT: Professional Services Agreement for contract planning services.
RECOMMENDATIONS
1) Approve a Professional Services Agreement with Hogle- Ireland, Inc. of Irvine,
California, for contract planning services in an amount not to exceed $40,000;
and
2) Authorize City Manager to sign Agreement.
3) , Approve a budget amendment increasing expenditure appropriations in 2710-
8080, Professional and Technical Services by $40,000 from the General Fund
unappropriated fund balance.
DISCUSSION
Hogle- Ireland, Inc. has provided contract planning services to the Planning Department .
during the previous five years. Over the next few months, Planning Department staff" will
be spending a significant amount of time to complete a draft of the new Zoning Code by
year's end. Each planner will be assigned a Zoning Code section for review and fine -
tuning before the complete draft is made available to the public. During this time, from
mid - October through December, additional planning services staffing is required to
backfill planning services at the public counter, and to provide Geographic Information
Systems (GIS) support for assistance for Zoning Code mapping and exhibit preparation.
Hogle- Ireland Contract Planning Services
October 9, 2007
Page 2
The scope of services for the proposed Hogle- Ireland contract will provide counter support
by an Associate Project Manager II, the level of experience necessary to accomplish the
task, for up to 20 hours per week. A Senior Project Manager for GIS support is included
for up to 145 hours. The total cost of the contract will not exceed $40,000 over the term
of the contract.
Funding Availability
A budget amendment is necessary to increase expenditure appropriations in 2710-
8080, Professional and Technical Services by $40,000 from the General Fund
unappropriated fund balance.
Submitted by:
W
Prepared by:
DAN AMPAGNOLO
GIS Analyst
Attachments: 1. Draft Professional Services Agreement with Hogle - Ireland, Inc.
2. Budget amendment form
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PROFESSIONAL SERVICES AGREEMENT WITH
HOGLE- IRELAND, Inc FOR PLANNING SERVICES
THIS AGREEMENT is made and entered into this 9"' day of October,
2007, by and between CITY OF NEWPORT BEACH, a Municipal
Corporation (hereinafter referred to as "City"), and HOGLE - IRELAND,
INC., a California Corporation, whose whose address is 2860 Michelle Drive,
Suite 100, Irvine, California, 92606, (hereinafter referred to as "Consultant'), is
made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business
as it is now being conducted under the statutes of the State of California
and the Charter of City.
B. City desires to engage Consultant to provide planning staff services upon
the terms and conditions contained in this Agreement.
C. Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this
Agreement.
E. The principal member of Consultant for purposes of Project shall be Paul
Ireland,
F. 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:
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2.
TERM
The term of this Agreement shall commence on the above written date, and
shall terminate on the 9t' day of March, 2008, unless terminated earlier as
set forth herein.
SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope
of Services attached hereto 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.
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3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this
Agreement and Consultant shall perform services in a timely manner as
necessary for the City of Newport Beach to comply with the submittal and
processing requirements of the Permit Streamlining Act. The failure by
Consultant to provide services in such a timely manner 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
Billing Rates attached hereto as Exhibit B, both incorporated herein by
reference. Consultant's compensation for all work performed in
accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed Forty Thousand Dollars and
no /100 ($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.
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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:
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
performed 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 as set
forth in Exhibit B.
5. Consultant Staff
Consultant has designated Robert Kaine, Senior Assoociate Project
Manager and Brian Kurnow, Associate Project Manager II, to provide
planning staff services under this Agreement. Consultant staff shall be
available to City at all reasonable times during the Agreement term.
Consultant shall not remove or reassign designated staff or assign any
new or replacement personnel without the prior written consent of City.
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 provide planning staff services on a timely basis
as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Planning Department. David
Lepo 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
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the services to be rendered pursuant to this Agreement in performing
duties set forth in the Scope of Services in Exhibit °A °.
7. STANDARD OF CARE
7.1 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.
7.2 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.
7.3 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.
8. 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
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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.
9. 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.
10. 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.
11. 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 planning staff services proceeds in a
manner consistent with City goals and policies.
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12. PROGRESS
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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 planning staff services, activities performed
and planned, and any meetings that have been scheduled or are desired.
13. INSURANCE
Without limiting Consultant's indemnification of City, and rip or 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's 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.
D. Coverage Requirements.
I, 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) calendar days (10 calendar days written notice of
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non - payment of premium) 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.
ii. General Liability Coverage. Consultant shall maintain
commercial general liability insurance in an amount not less
than one 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.
iii. 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.
iv. 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 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
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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) calendar days
(10 calendar days written notice of non - payment of
premium) written notice has been received by City.
F. 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.
G. 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.
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15. 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 prior 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.
16. 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 in writing the release of
information.
17. INTELLECTUAL PROPERTY INDEMNITY
The . Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all 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.
18. 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 under this
Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make
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transcripts or copies of such records and invoices 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 to Consultant under this
Agreement.
19. WITHHOLDINGS
City may withhold payment to Consultant 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 /her 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.
20. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or
professional inexperience of Consultant which result in expense to City
greater than what would have resulted if there were not errors or
omissions in the. work accomplished by Consultant, the additional design,
construction and /or restoration expense shall be bome by Consultant.
Nothing in this paragraph is intended to limit City's rights under any other
sections of this Agreement.
21. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
22. 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 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
immediate 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.
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23. NOTICES
E
All notices, demands, requests or approvals to be given under the terms
of this Agreement shall be given in writing, to City by Consultant 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:
Attn: David Lepo
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3200
Fax: 949 -644 -3229
All notices, demands, requests or approvals from CITY to Consultant shall
be addressed to Consultant at:
Attn: Paul Ireland
Hogle- Ireland, Inc.
2860 Michelle Drive, Suite 100
Irvine, CA 92606
Phone: (949) 553 -1427
Fax: (949) 553 -0935
24. 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 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 provisions, 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
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the effective date of termination, Consultant shall deliver to City all
reports, Documents. and other information developed or accumulated in
the performance of this Agreement, whether in draft or final form.
25. 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, rules,
regulations and permit requirements and be subject to approval of the
Project Administrator and City.
26. 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.
27. 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.
28. 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.
29. INTERPRETATION
The Terms of this Agreement shall be construed in accordance with the
meaning of the language used and shall not be construed for or against
either party by reason of the authorship of the Agreement or any other
rule of construction which might otherwise apply.
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30. 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.
31. 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 of this Agreement shall continue in full force and
effect.
32. 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.
31 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:
By: .w--- C c ff ,
c ('City Attorney
for the City of Newport Beach
ATTEST:
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
City Manager
for the City of Newport Beach
CONSULTANT:
By: By:
LaVonne Harkless, Larry Hogle, President
City Clerk Hogle- Ireland, Inc.
Attachments: Exhibit A - Scope of Services
Exhibit B - Billing Rates
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EXHIBIT "A"
SCOPE OF SERVICES
E
Hogle - Ireland will provide contract planning services to the City of Newport Beach.
Hogle- Ireland will function on behalf of the City in providing Geographic
Information Systems (GIS) support with mapping analysis and exhibit preparation
to assist with the completion of the new Zoning Code, in reviewing project
submittals, and preparing staff analyses and reports.
Hourly rates are included as Exhibit "B ". For budgeting purposes, $40,000 is
authorized for this contract based on an average of one hundred (145) Senior
Associate Project Manager hours and two- hundred forty hours (240) Associate
Project Manager II hours during the term of this agreement. Hogle- Ireland does
not charge mileage, telephone, or fax charges within Orange County.
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EXHIBIT "B"
SCHEDULE OF HOURLY RATES
HOGLE4RELANO, INC.
HOURLY RATES
ENoctivo Juno 1. 2007
SCHEDULE
OF HOURLY
RATES-
CLASSIFICATION
RATE
POAner
150.00 to 180.00
Prhdpol
140.00 to 160.00
D{roctor of En*orvncnlW Ptanr&V
140.00
Senior Designor
130.00
Sonbr Proloct Manager
130.00 to 150.00
Proved Manger
120.00 to 135.0
Senior Assodato Prolog manager
110.00
Assoda:o Proved Manager II
100.00
Associato Prqed Manager I
95.00
Graphics Designar
85.00
ASSIStant "ect Manager 11
85.0
Assistant Prolog manager 1
70.00
Prolog Tedykia 9
65.00
VAwd Processing
65.00
I
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pks 10%. Haurty razes am ap07ie0 pmwkz3y. Egna NQross Por Ocpo'wn 6 tasin" wo 0e b3co as
"50.004tour.
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CW of Newport Beach
BUDGET AMENDMENT
2007 -08
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
HX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
NO. BA- 08BA -014
AMOUNT: 540,000.00
IdIncrease in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
To increase expenditure appropriations for a Professional Services Agreement with Hogle- Ireland Inc. for contract
planning services.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
010 3605 General Fund - Fund Balance
REVENUE ESTIMATES (3601)
Fund/Division Account Description
EXPENDITURE APPROPRIATIONS (3503)
Signed:
Manager
Amount
Debit Credit
$40,000.00
fill
4)at;O/
e
Date
Signed:
City Council Approval: City Clerk Date
Description
Division
Number
2710 Planning - Administration
Account
Number
8080 Services - Professional & Technical NOC
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Financial Approval:
AdministratiXe Services Director
Signed:
Manager
Amount
Debit Credit
$40,000.00
fill
4)at;O/
e
Date
Signed:
City Council Approval: City Clerk Date
2-3933
qb so 1W. G cc y�ii�o6
PROFESSIONAL SERVICES AGREEMENT WITH
HOGLE - IRELAND, INC. FOR PLANNING SERVICES
THIS AGREEMENT is made and entered into as of this 11th day of April, 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 provide Project management and
planning staff services upon the terms and conditions contained in this
Agreement. ('Project')
C. Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this
Agreement.
E. The principal member of Consultant for purposes of Project shall be Larry
Hogle.
F. 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 above written date, and
shall terminate on the 11th day of April, 2007, 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 hereto 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.
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3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this
Agreement and Consultant shall perform services in a timely manner as
necessary for the City of Newport Beach to comply with the submittal and
processing requirements of the Permit Streamlining Act. The failure by
Consultant to provide services in such a timely manner 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
Billing Rates attached hereto as Exhibit B, both incorporated herein by
reference. Consultant's compensation for all work performed in
accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed Two Hundred Sixty -Six Thousand
Four Hundred and no /100 ($266,400.00) without prior 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
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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
writing in advance by City. Unless otherwise approved, such costs
shall be limited and include nothing more than the following costs
incurred by Consultant:
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
performed 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 as 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 David Lepo 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.
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6. ADMINISTRATION
This Agreement will be administered by the Planning Department.
Patricia Temple 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.
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
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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.
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,
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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.
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 Project, activities performed and planned,
and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and rip or 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
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insurance shall be kept on file with City's 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.
D. Coverage Requirements.
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) calendar days (10 calendar days written notice of
non - payment of premium) 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.
ii. General Liability Coverage. Consultant shall maintain
commercial general liability insurance in an amount not less
than one 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.
iii. 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
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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.
iv. 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:
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 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.
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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) calendar days
(10 calendar days written notice of non - payment of
premium) written notice has been received by City.
F. 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.
G. 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.
16. 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 prior 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
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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.
17. 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 in writing the release of
information.
18. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all 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.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to
be performed under this Agreement. Consultant shall maintain complete
and accurate records with respect to the costs incurred under this
Agreement 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 under this
Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices 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 to Consultant under this
Agreement.
20. WITHHOLDINGS
City may withhold payment to Consultant 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 /her designee with respect to such
disputed sums. Consultant shall be entitled to receive interest on any
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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.
21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or
professional inexperience of Consultant which result in expense to City
greater than what would have resulted if there were not errors or
omissions in the work accomplished by Consultant, the additional design,
construction and /or restoration expense shall be borne by Consultant.
Nothing in this paragraph is intended to limit City's rights under any other
sections of this Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
23. CONFLICTS OF INTEREST
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 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
immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages
resulting from Consultant's violation of this Section.
24. NOTICES
All notices, demands, requests or approvals to be given under the terms
of this Agreement shall be given in writing, to City by Consultant 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:
Attn: Patricia Temple
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City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3200
Fax: 949 - 644 -3229
All notices, demands, requests or approvals from CITY to Consultant shall
be addressed to Consultant at:
Attn: David Lepo
Hogle- Ireland, Inc.
2860 Michelle Drive, Suite 100
Irvine, CA 92606
Phone: (949) 553 -1427
Fax: (949) 553 -0935
25. 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 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 provisions, 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, Documents and other information developed or accumulated in
the performance of this Agreement, whether in draft or final form.
26. 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, rules,
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regulations and permit requirements and be subject to approval of the
Project Administrator and City.
27. 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.
28. 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.
29. 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.
30. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the
meaning of the language used and shall not be construed for or against
either party by reason of the authorship of the Agreement or any other
rule of construction which might otherwise apply.
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 of this Agreement shall continue in full force and
effect.
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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:
By: o...,_ c I,,,
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk NE_'Rn.
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Homer Bluda ,
City Manager
for the City of Newport Beach
CONSULTANT:
ByeLar Hogle, resid -Irela d, Inc.
IRELAND, INC.
Attachments: Exhibit A - Scope of Services
Exhibit B - Billing Rates
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EXHIBIT "A"
SCOPE OF SERVICES
Hogle- Ireland will provide contract planning and Project management services to
the City of Newport Beach in conjunction with processing of planning applications.
Hogle- Ireland will function on behalf of the City in reviewing Project submittals,
supervising preparation of the work product of the Project traffic consultant,
managing and monitoring the CEQA document preparation, preparing staff
analyses and reports for Planning Commission and City Council approvals,
monitoring schedules and taking actions as are necessary and appropriate to
ensure that City- required reviews and actions take place in a timely manner,
assisting in the selection of technical consultants, and monitoring of technical
consultant work and schedules.
As it is virtually impossible to establish a "not to exceed" cost at the outset of a
Project such as this, Hogle- Ireland's services will be provided on a "time and
materials" basis. Hourly rates are included as Exhibit "B ". For budgeting
purposes, Two Hundred Sixty -Six Thousand Four Hundred and no /100
($266,400.00) is authorized for this contract based on an average of fifty (50)
Project Manager hours per month during the term of this agreement. Wherever
appropriate, an Associate Project Manager may be assigned tasks included
within the estimated budget and under the Project Manager's supervision in
order that the highest quality work product may be provided in the most cost -
effective manner. Hogle- Ireland does not charge mileage, telephone, or fax
charges within Orange County.
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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 I
85.00
Graphics Designer
80.00
Assistant Project Manager II
80.00
Assistant Project Manager I
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 $350.001hour.
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DO - UC�)
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
April 11, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: James Campbell, Senior Planner
Planning Department
949/644 -3210. jcampbell @city.newport- beach.ca.us
SUBJECT: Professional Services Agreement for contract planning services.
RECOMMENDATIONS
1) Approve a Professional Services Agreement with Hogle- Ireland, Inc. of Irvine,
California, for contract planning services in an amount not to exceed $266,400;
and
2) Authorize City Manager to sign Agreement.
3) Approve a budget amendment increasing revenue estimates in 2700-
5003, Zoning and Plan Review Fees, by $150,000 and increasing expenditure
appropriations in 2710 -8080, Professional and Technical Services by $180,000.
The remaining $30,000 will come from the General Fund unappropriated fund
balance.
DISCUSSION
Hogle- Ireland, Inc. has provided contract planning services to the Planning Department
during the previous four years. Plan checking services have been also provided pursuant
to one agreement between the City and Hogle- Ireland and project - specific entitlement
processing has been provided under a series of Professional Services Agreements, each
executed for work on a specific development project.
Planning staff would like to continue utilizing Hogle- Ireland for both plan checking and
entitlement processing services. In order to reduce staff time required for contract
0 Hogle- Irelandontract Planning Services
April 11, 2005
Page 2
preparation and administration for Hogle- Ireland's services, staff proposes a single, one -
year Professional Services Agreement that will include both plan checking and on -going
entitlement processing services. Without this additional staffing support, the Planning
Department will hard pressed to achieve any service goals.
Staff has reviewed the Scope of Work for the Professional Services Agreement and
believes it is adequate to meet the need for contract planning services required of Hogle-
Ireland for both plan checking and entitlement processing services. The scope of services
will provide plan checking by an Associate Project Manager II, the level of experience
necessary to accomplish the task, for up to 40 hours per week. The cost of this portion
will not exceed $180,000. Additionally, a Senior Project Manager or more junior contract
staff for entitlement processing and project management functions is included. The total
cost of $86,400 is anticipated based on an average of sixty (60) Project Manager hours
per month during the term of the one -year agreement.
Funding Availability
A budget amendment is necessary to increase revenue estimates by $150,000 in 2700-
5003, Zoning and Plan Review Fees and to increase expenditure appropriations by
$150,000 in 2710 -8080, Professional and Technical Services. It should be noted that
the general fund will be reimbursed $150,000 through the collection of fees from the
issuance of building permits throughout the term of the agreement.
The remaining $86,400 will be funded through developer deposits.
Alternatives
The City Council can authorize staff to return with a separate agenda item outlining
other staffing alternatives.
Submitted by:
Prepared by:
WC
SHARON Z. WO J MES CAMPBELL
Assistant City M ger Senior Planner
Attachments: 1. Draft Professional Services Agreement with Hogle- Ireland, Inc.
2. Budget amendment form
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this 11th day of April, 2006, by and between
CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as
"City "), and Hogle- Ireland, Inc. whose address is 2860 Michelle Drive, Suite 100, Irvine,
California, 92606, (hereinafter referred to as "Consultant "), is made with reference to the
following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business
as it is now being conducted under the statutes of the State of California
and the Charter of City.
B. City desires to engage Consultant to provide project management and
staff services upon the terms and conditions contained in this Agreement.
C. The principal member of Consultant is, for purpose of this Project, Larry
Hogle.
D. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to contract with Consultant under the terms and conditions
provided in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
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The term of this Agreement shall commence on the date first written above and
shall terminate on the 11th day of April, 2007, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of
this Section and the scheduled billing rates, attached hereto as Exhibit "B" and
incorporated herein by reference. No rate changes shall be made during the term of
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this Agreement without prior written approval of City. Consultant's compensation for all
work performed in accordance with this Agreement shall not exceed the total contract
price of Two Hundred Sixty-six Thousand Four Hundred and No /100 Dollars
($266,400.00).
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly invoices to City payable by City within
thirty (30) days of receipt of invoice subject to the approval of City.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with Exhibit "B ".
3.4 City shall reimburse Consultant only for those costs or expenses which
have been specifically approved in this Agreement, or specifically approved in advance
by City. Such cost shall be limited and shall include nothing more than the following
costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. Approved computer data processing and reproduction charges.
C. Actual costs and /or other costs and /or payments specifically authorized in
advance in writing and incurred by Consultant in the performance of this
Agreement.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of ten
percent (10 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
4. STANDARD OF CARE
4.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement, and that it will
perform all services in a manner commensurate with the community professional
standards. All services shall be performed by qualified and experienced personnel who
are not employed by City nor have any contractual relationship with City. Consultant
represents and warrants to City that it has or shall obtain all licenses, permits,
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qualifications and approvals required of its profession. Consultant further represents
and warrants that it shall keep in effect all such licenses, permits and other approvals
during the term of this Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or
to approve or disapprove Consultant's work promptly, or delay or faulty performance by
City, contractors, or governmental agencies, or any other delays beyond Consultant's
control or without Consultant's fault.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be
deemed to constitute Consultant or any of Consultant's employees or agents, to be the
agents or employees of City. Consultant shall have the responsibility for and control
over the details in means of performing the work provided that Consultant is compliance
with the terms of this Agreement. Anything in this Agreement which may appear to
give City the right to direct Consultant as to the details of the performance of the
services or to exercise a measure of control over Consultant shall mean that Consultant
shall follow the desires of City only with respect to the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
Consultant shall assign the Project to a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Project term. Consultant has designated David Lepo to be its Project
Manager. Consultant shall not bill any personnel to the Project other than those
personnel identified in Exhibit "B ", whether or not considered to be key personnel,
without City's prior written approval by name and specific hourly billing rate. Consultant
shall not remove or reassign any personnel designated in this Section or assign any
new or replacement person to the Project without the prior written consent of City. City's
approval shall not be unreasonably withheld with respect to removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
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Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
Consultant shall perform services in timely manner as necessary for the City of Newport
Beach to comply with submittal and processing requirements of the Permit Streamlining
Act. The failure by Consultant to provide services in such timely manner may result in
termination of this Agreement by City, and the assessment of damages against
Consultant for delay. Notwithstanding the foregoing, Consultant shall not be
responsible for delays which are due to causes beyond Consultant's reasonable control.
However, in the case of any such delay in the services to be provided for the Project,
each party hereby agrees to provide notice to the other party so that all delays can be
addressed.
8.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days after the start
of the condition which purportedly causes a delay, and not later than the date upon
which performance is due. The Project Administrator shall review all such requests and
may grant reasonable time extensions for unforeseeable delays, which are beyond
Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
either telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order
to ensure that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state
and federal law, regulations and permit requirements and be subject to approval of the
Project Administrator and City.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of
the work, activities performed and planned, and any meetings that have been scheduled
or are desired.
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12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages
of any nature whatsoever, including, but not limited to, bodily injury, death, personal
injury, property damages, or any other claims arising from any and all acts or omissions
of Consultant, its employees, agents or subcontractors in the performance of services or
work conducted or performed pursuant to this Agreement. This indemnity shall apply
even in the event of negligence of City, or its employees, or other contractors, excepting
only the sole negligence or willful misconduct of City, its officers or employees, and shall
include attorneys' fees and all other costs incurred in defending any such claim.
Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees
in any action on or to enforce the terms of this Agreement.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must
be filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation, all insurance policies shall add City, its
elected officials, officers, agents, representatives and employees as additional insured
for all liability arising from Consultant's services as described herein.
All insurance policies shall be issued by an insurance company currently
authorized by the Insurance Commissioner to transact business of insurance in the
State of California, and with the exception of worker's compensation insurance policy,
shall have an assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating
Guide, unless otherwise approved by the City Risk Manager.
A. Worker's compensation insurance covering all employees and principals
of Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal
injury and property damage. If commercial general liability insurance or
other form with a general aggregate is used, either the general aggregate
shall apply separately to this Project, or the general aggregate limit shall
be twice the occurrence limit.
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C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give City prompt and timely notice of claim made or suit
instituted arising out of Consultant's operation hereunder. Consultant shall also procure
and maintain, at its own cost and expense, any additional kinds of insurance, which in
its own judgment may be necessary for its proper protection and prosecution of the
work.
Consultant agrees that, in the event of loss due to any of the perils for which it
has agreed to provide comprehensive general and automotive liability insurance,
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein,
a waiver of any right of subrogation which any such insurer of said Consultant may
acquire against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any for the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture
or syndicate or cotenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power, or twenty -five percent (25 %) or more of the assets of the
corporation, partnership or joint- venture.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or 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
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all liability arising out of changes made to Consultant's deliverables under this
Agreement by City or persons other than Consultant is waived against Consultant and
City assumes full responsibility for such changes unless City has given Consultant prior
notice and has received from Consultant written consent for such changes.
Consultant shall, at such time and in such form as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide access to, and upon request of Consultant, one copy of
all existing record information on file at City. Consultant shall be entitled to rely upon the
accuracy of information provided by City without independent review or evaluation. City
will provide all such materials in a timely manner so as not to cause delays in Consultant's
work schedule.
18. ADMINISTRATION
This Agreement will be administered by the Planning Department. Patricia
Temple shall be considered 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.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall
be clearly identifiable. Consultant shall allow a representative of City to examine, audit
and make transcripts or copies of such records during normal business hours.
Consultant shall allow inspection of all work, data, documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment under this Agreement.
20. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not discontinue
work as a result of such withholding. Consultant shall have an immediate right to
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appeal to the City Manager or his designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of seven
percent (7 %) per annum from the date of withholding of any amounts found to have
been improperly withheld.
21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than would have
resulted if there were not errors or omissions in the work accomplished by Consultant,
the additional expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project.
23. CONFLICTS OF INTEREST
A. The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making decisions that will
foreseeably financially affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by City. Consultant shall indemnify and
hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
24. SUBCONSULTANT AND ASSIGNMENT
A. Except as specifically authorized under this Agreement, the services included
in this Agreement shall not be assigned, transferred, contracted or
subcontracted without prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first class mail, addressed as hereinafter provided.
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All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
Planning Department
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
(949) 644 -3200
Fax 644 -3350
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: David Lepo
Hogle- Ireland, Inc.
2860 Michelle Drive, Suite 100
Irvine, CA 92606
(949) 553 -1427
Fax 553 -0935
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
(2) days after receipt of written notice of default, specifying the nature of such default
and the steps necessary to cure such default, the nondefaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant
as provided herein. Upon termination of this Agreement, City shall pay to the
Consultant that portion of compensation specified in this Agreement that is earned and
unpaid prior to the effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules
and regulations enacted or issued by City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
9
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same or any other term, covenant or condition contained herein, whether of the same or
a different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions herein. Any modification of this
Agreement will be effective only by written execution signed by both City and
Consultant.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM:
In
Robin Clauson
Assistant City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Homer Bludau
City Manager
for the City of Newport Beach
CONSULTANT
A
Paul Ireland, Partner
Hogle- Ireland, Inc.
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EXHIBIT "A"
SCOPE OF SERVICES
Hogle- Ireland will provide contract planning and project management services to the City
of Newport Beach in conjunction with processing of development entitlement applications.
Hogle- Ireland will function on behalf of the City in reviewing project submittals, plan
checking, supervising preparation of the work product of other consultants and
subconsultants assigned to the respective projects, managing and monitoring the
preparation of California Environmental Quality Act documents, preparing staff analyses
and reports for Planning Commission and City Council approvals, monitoring schedules
and taking actions as are necessary and appropriate to ensure that City- required reviews
and actions take place in a timely manner, assisting in the selection of technical
consultants, and monitoring of technical consultant work and schedules.
Hogle- Ireland's services will be provided on a "time and materials" basis. Hourly rates
are included as Exhibit "B ". For budgeting purposes, $180,000 is authorized for plan
checking by an Associate Project Manager II for up to 40 hours per week and $86,400
is authorized for entitlement processing and management by a Senior Project Manager
based on an average of sixty (60) Project Manager hours per month during the term of
this agreement. Wherever appropriate, a Senior Associate Project Manager or an
Associate Project Manager may be assigned tasks included within the estimated budget
and under the Project Manager's supervision in order that the highest quality work
product may be provided in the most cost - effective manner. Hogle- Ireland does not
charge mileage, telephone, or fax charges within Orange County.
•
EXHIBIT "B"
SCHEDULE OF HOURLYRATES
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 I
85.00
Graphics Designer
80.00
Assistant Project Manager II
80.00
Assistant Project Manager I
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.
12
(W y of Newport Beacib
BUDGET AMENDMENT
2005 -06
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
X from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
NO. BA- 06BA -057
AMOUNT: $80,000.00
Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
X No effect on Budgetary Fund Balance
To increase revenue estimates and expenditure appropriations to provide for contract planning services.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
010 3605 General Fund - Fund Balance
REVENUE ESTIMATES (3601)
Fund /Division Account
2700 5003
EXPENDITUREAPPROPRIATIONS (3603)
Description
Planning - Zoning & Plan Review Fees
Signed: / C� ,F/ /�
Financial Approval: Administr 've Services Director
Signed:
Administrative App val: City Manager
Signed:
Amount
Debit Credit
$30,000.00
$150,000.00
$180,000.00
Date
Tz ,ate
City Couacil Approval: City Clerk Date
Description
Division
Number
2710 Planning - Administration
Account
Number
8080 Services - Professional & Technical
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed: / C� ,F/ /�
Financial Approval: Administr 've Services Director
Signed:
Administrative App val: City Manager
Signed:
Amount
Debit Credit
$30,000.00
$150,000.00
$180,000.00
Date
Tz ,ate
City Couacil Approval: City Clerk Date