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CITY OF NEWPORT BEACH
COMMUNITY AND ECONOMIC DEVELOPMENT
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(949) 644 -3200; FAX (949) 644 -3250
Hearing Date:
Agenda Item No.:
Staff Person:
REPORT TO THE MAYOR AND CITY COUNCIL
September 13, 1999
9
Patricia L. Temple
644 -3200
SUBJECT: Contract for Newport Center Planning Project Management
ACTION: Approve a Professional Services Agreement with Hogle - Ireland, Inc. for
professional project management and planning services.
Council Policy F -14, Authority to Contract for Services, authorizes Department Heads to award
contracts for services of less than $30,000 without further review. However, contracts in excess
of $30,000; contracts for services not specified in the approved budget; and contracts for services
which exceed the amount authorized by the City Council in the budget must be submitted to the
City Council for specific approval before the contract is awarded. Additionally, the City Attorney
is required to review all specific contract documents prior to award of contract.
The attached consultant contract is for project management and planning services for the Newport
Center comprehensive planning project. This project includes four developer - requested projects, as
well as the development of an updated General Plan and coordinated zoning document for all of the
land in Newport Center. This is a large project, which has already been initiated by the City
Council. Additionally, preliminary project coordination and schedule development has occurred.
This preliminary work was done with the assistance of the firm of Hogle - Ireland, Inc., under the
terms of a limited Phase 1 professional services agreement, which was less than $30,000.
The work included in the Phase 1 agreement is nearly complete, including the project description,
Notice of Preparation, project schedule, and selection of the environmental consultant. Hogle-
Ireland has now prepared the attached scope of services for the completion of the project.
The work needed to complete the project falls into three main categories, project management (staff
augmentation services), development of the General Plan Amendment and related zoning
document, and management of the environmental consultant. The Scope of Services provides
information on the activities needed to accomplish the project, with an estimate of necessary hours,
staffing and costs for each. The total contract amount is $199,890.
The cost of this contract will be paid on a proportional share by the four project proponents, who
will also fund the cost of the EIR. The City's contribution will be a waiver of typical application
and staff review fees. If Development Agreements are requested, each of the property owners will
pay the City's usual fees.
The firm of Hogle - Ireland, Inc. is well suited for the Newport Center project. They are familiar with
the project from their work on Phase 1, and both the property owners and staff have confidence in
them. The firm specializes in providing contract staff and project management to governmental
agencies, and includes staff with significant experience in the public sector. Some representative
projects are:
• Headlands Project (City of Dana Point)
• BKK Landfill Closure (City of West Covina)
• North Valencia Specific Plan (City of Santa Clarita)
The Assistant City Attorney has reviewed and approved the form and content of the Professional
Services Agreement.
Submitted by:
SHARON Z. WOOD
Assistant City Manager
Attachment:
Prepared by:
PATRICIA L. TEMPLE
Planning Director
Services Agreement, Scope of Services, and Schedule
Page 2
11
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this day of September, 1999, by and
between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to
as "City"), and Hoale- Ireland. Inc., whose address is 5 Corporate Park, Suite 160,
Irvine, California, 92606, (hereinafter referred to as "Consultant "), is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business
as it is now being conducted under the statutes of the State of California
and the Charter of City.
B. City intends to prepare and process a General Plan Amendment, Specific
Plan, and Environmental Impact Report for Newport Center ( "Project').
C. City desires to engage Consultant to provide project management
services for the Project upon the terms and conditions contained in this
Agreement.
D. The principal members of Consultant, for purpose of this Project, are
• K. Hoale. Partner, Roger Green, Proiect Manager, and Raymond
Brantley, EIR Proiect Manager.
E. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to contract with Consultant under the terms of conditions provided
in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the 14"' day of September,
1999 and shall terminate on the 1 et day of November, 2000, unless terminated earlier
as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
contained in attachment "A" attached hereto and incorporated herein by reference.
J
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of
this Section and the scheduled billing rates, contained in the scope of services
contained in attachment "A" and incorporated herein by reference. No rate changes
shall be made during the term of this Agreement without prior written approval of City.
Consultant's compensation for all work performed in accordance with this Agreement
shall not exceed the total contract price of One hundred, ninety -nine thousand, eight
hundred ninety dollars ($199,890.00). The City Manager shall have the authority to
authorize work beyond this amount, not to exceed 25% of the contract amount. -
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly invoices to City, payable by City within
thirty (30) days of receipt of invoice subject to the approval of City, and based upon
attachment "A'.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with such approval.
3.4 City shall reimburse Consultant only for those costs or expenses which
•
have been specifically approved in this Agreement, or specifically approved in advance
by City. Such cost shall be limited and shall include nothing more than the following
costs incurred by Consultant:
A. The actual costs of sub - consultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. Approved computer data processing and reproduction charges.
C. Actual costs and/or other costs and /or payments specifically authorized in
advance in writing and incurred by Consultant in the performance of this
Agreement.
4. STANDARD OF CARE
4.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement, and that it will
perform all services in a manner commensurate with the community professional •
Professional Services Agreement
Newport Center Project Management
Page 2
standards. All services shall be performed by qualified and experienced personnel who
. are not employed by City nor have any contractual relationship with City. Consultant
represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents
and warrants that it shall keep in effect all such licenses, permits and other approvals
during the term of this Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or
to approve or disapprove Consultant's work promptly, or delay or faulty performance by
City, contractors, or governmental agencies, or any other delays beyond Consultant's
control or without Consultant's fault.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed
to constitute Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over the
details in means of performing the work provided that Consultant is in compliance with
. the terms of this Agreement. Anything in this Agreement which may appear to give City
the right to direct Consultant as to the details of the performance of the services or to
exercise a measure of control over Consultant shall mean that Consultant shall follow
the desires of City only with respect to the results of the services.
•
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
Consultant shall assign the Project to a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Project term. Consultant has designated Larry K. Hogle, Roger Green.
and Raymond H. C. Brantley to be its Project Managers. Consultant shall not remove
or reassign the principal members identified in the Recitals or assign any new or
replacement person to the Project without the prior written consent of City. City's
approval shall not be unreasonably withheld with respect to removal or assignment of
non -key personnel.
Professional Services Agreement
Newport Center Project Management
Page 3 /
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City. •
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by Consultant in accordance with the schedule
specified in attachment "X. The failure by Consultant to strictly adhere to the schedule,
may result in termination of this Agreement by City, and the assessment of damages
against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be
responsible for delays which are due to causes beyond Consultant's reasonable control.
However, in the case of any such delay in the services to be provided for the Project,
each party hereby agrees to provide notice to the other party so that all delays can be
addressed.
8.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days after the start
of the condition which purportedly causes a delay, and not later than the date upon
which performance is due. The Project Administrator shall review all such requests and
may grant reasonable time extensions for unforeseeable delays, which are beyond
Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall •
respond in the most expedient and appropriate manner under the circumstances, by
either telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order
to ensure that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state
and federal law, regulations and permit requirements and be subject to approval of the
Project Administrator and City.
11.. PROGRESS
Consultant is responsible to keep the Project Administrator and/or his/her duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or
are desired. .
Professional Services Agreement
Newport Center Project Management
Page 4
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages
of any nature whatsoever, including, but not limited to, bodily injury, death, personal
injury, property damages, or any other claims arising from any and all negligent acts or
omissions of Consultant, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement. This indemnity
shall apply even in the event of negligence of City, or its employees, or other
contractors, excepting only the sole negligence or willful misconduct of City, its officers
or employees, and shall include attorneys' fees and all other costs incurred in defending
any such claim.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must
be filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
• policies shall add City, its elected officials, officers, agents, representatives and
employees as additional insured for all liability arising from Consultant's services as
described herein.
All insurance policies shall be issued by an insurance company currently
authorized by the Insurance Commissioner to transact business of insurance in the
State of California, with an assigned policyholders' Rating of A (or higher) and Financial
Size Category Class VII (or larger) in accordance with the latest edition of Bests Key
Rating Guide: unless otherwise approved by the City Risk Manager.
A. Worker's compensation insurance covering all employees and principals
of Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third parry liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal
injury and property damage. If commercial general liability insurance or
other form with a general aggregate is used, either the general aggregate
shall apply separately to this Project, or the general aggregate limit shall
be twice the occurrence limit.
Professional Services Agreement
Newport Center Project Management
Page 5
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
D. Professional errors and omissions insurance which covers the services to
be performed in connection with this Agreement in the minimum amount of
One Million Dollars ($1,000,000.00).
Said policy or policies shall be endorsed to state that coverage shall not be canceled by
either party, except after thirty (30) days' prior notice has been given in writing to City.
Consultant shall give City prompt and timely notice of claim made or suit instituted
arising out of Consultant's operation hereunder. Consultant shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of the work.
Consultant agrees that, in the event of loss due to any of the perils -for which it has
agreed to provide comprehensive general and automotive liability insurance, Consultant
shall look solely to its insurance for recovery. Consultant hereby grants to City, on
behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein,
a waiver of any right of subrogation which any such insurer of said Consultant may
acquire against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any of the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and outstanding
capital stock of Consultant, or of the interest of any general partner or joint venturer or
syndicate member or cotenant if Consultant is a partnership or joint- venture or
syndicate or cotenancy, which shall result in changing the control of Consultant, shall be
construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power, or twenty -five percent (25 %) or more of the assets of the
corporation, partnership or joint- venture.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant pursuant to
this Agreement are not intended or represented to be suitable for reuse by City or •
Professional Services Agreement
Newport Center Project Management
Page 6 p
•
others on any other project. Any use of completed documents for other projects and
any use of incomplete documents without specific written authorization from Consultant
will be at City's sole risk and without liability to Consultant. Further, any and all liability
arising out of changes made to Consultant's deliverables under this Agreement by City
or persons other than Consultant is waived against Consultant and City assumes full
responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
Consultant shall, at such time and in such form as City may require, furnish reports
concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide access to, and upon request of Consultant, one copy
of all existing record information on file at City. Consultant shall be entitled to rely upon
the accuracy of data information provided by City or others without independent review
or evaluation. City will provide all such materials in a timely manner so as not to cause
delays in Consultant's work schedule.
18. ADMINISTRATION
This Agreement will be administered by the Planning Department. Patricia
Temple, Planning Director shall be considered the Project Administrator and shall have
the authority act for City under this Agreement. The Project Administrator or his/her
authorized representative shall represent City in all matters pertaining to the services to
be rendered pursuant to this Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall
be clearly identifiable. Consultant shall allow a representative of City to examine, audit
and make transcripts or copies of such records during normal business hours.
Consultant shall allow inspection of all work, data, documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment under this Agreement.
Professional Services Agreement
Newport Center Project Management
Page 7
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 shalN not discontinue
work as a result of such withholding. Consultant shall have an immediate right to
appeal to the City Manager or his designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of seven
percent (7 %) per annum from the date of withholding of any amounts found to have
been improperly withheld.
21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than would have
resulted if there were not errors or omissions in the work accomplished by Consultant,
the additional design, construction and/or a restoration expense shall be bome by
Consultant. Nothing in this paragraph is intended to limit City's rights under any other
sections of this Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project.
23. CONFLICTS OF INTEREST •
A. The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making decisions that will
foreseeably financially affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by City. Consultant shall indemnify and
hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
24. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall not be assigned, transferred, contracted or subcontracted without
prior written approval of City.
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Professional Services Agreement
Newport Center Project Management
Page a 16
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25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
ATTN: Patricia L. Temple, Planning Director
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
(714) 644 -3200 Fax 644 -3250
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Hogle- Ireland, Inc
Attention: Larry K. Hogle
5 Corporate Park, Suite 160
Irvine, California 92606
(949) 553 -1427, Fax 553 -0935
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
(2) days after receipt of written notice of default, specifying the nature of such default
and the steps necessary to cure such default, the nondefaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
tenninating this Agreement by giving seven (7) days' prior written notice to Consultant
as provided herein. Upon termination of this Agreement, City shall pay to the
Consultant that portion of compensation specified in this Agreement that is earned and
unpaid prior to the effective date of termination.
Professional Services Agreement
Newport Center Project Management
Page 9
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules
and regulations enacted or issued by City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein, whether of the same or
a different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions herein. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
32. PATENT INDEMNITY
The Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first written above.
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Homer Bludau
City Manager
City of Newport Beach
APPROVED AS TO FORM:
Robin Clauson
CONSULTANT
Hogle- Ireland, Inc.
By:
Larry K. Hogle, Partner
Assistant City Attorney 0
Professional Services Agreement
Newport Center Project Management
Page 10
•
• HOGLE- IRELAND
A Land Planning & Development Consulting Firm
September 2, 1999 PLANNING EDEPARTMENT
CITY OF NFWPr)RT EEACH
Ms. Sharon Wood SEEP 0 2 1999
Deputy City Manager AM PM
City of Newport Beach 71819110111112111213141616
3300 Newport Blvd.,
Newport Beach, CA 92658 -8915
Subject: Proposal to Provide Planning Consulting Services for Newport Center Project,
Phase II
Dear Ms. Wood:
We are under contract to the City to carry out Phase I of the Newport Center Project through the end
of August, 1999. At our recent meeting with the Planning Commission Committee, it became
apparent that in order to comply with the City and property owner's expectations regarding project
content and scheduling, Phase II of the project should commence immediately. You asked us to
prepare a Phase II proposal for services for your consideration.
• Phase I was the initial planning effort of the Newport Center project during which we:
• Prepared the overall scope of work for the entire project.
• Met with the property owners to determine their long term development plans and
entitlement needs.
• Developed a means to allocate project costs to the property owners.
• Developed a project description that was used in the NOP and in the RFQ for the EIR
consultant.
• Prepared the RFQ for the EIR consultant.
• Prepared the Notice of Preparation (NOP).
Phase II consists of two major components:
1. Project Management - Our role will be to function as contract City staff and manage,
oversee, and provide all typical City planning staff functions related to the project.
We will manage the EIR consultant contract, prepare staff reports, make
presentations, meet with property owners, meet with the Planning Commission
Committee, coordinate the activities of technical subconsultants, prepare or
coordinate the preparation of public notices, and perform all other services necessary
to make sure that the project moves forward as envisioned and on schedule. The
. Scope of Work which is attached, divides the project management function into two
tasks - general project management and EIR project management.
5 Corporate Park, Suite 160, Irvine, California 92606 • 949 / 553 -1927 • rax 999 / 553 -0935 • www.hogleirelandxom
IRVINE a RIVERSIDE
/z
Ms. Sharon Wood
September 2, 1999
Page 2
2. Preparation of General Plan Amendment and Zoning Document - We will develop
a General Plan Amendment for Newport Center that addresses the concerns that have
been expressed regarding the specificity of the existing General Plan. A primary
objective of the Amendment will be to establish a vision for Newport Center that will
provide the opportunity for Newport Center to meet the expectations of the
community, businesses and property owners as we move into the next century.
Newport Center has the opportunity to continue and enhance its position as a focus
point for the entire City of Newport Beach. It is intended that this General Plan
Amendment can serve as a prototype for future amendments and updates of the
General Plan. The General Plan Amendment will be flexible enough to allow future
amendments to the Newport Center zoning document without necessarily requiring
General Plan Amendments.
The zoning document which may take the form of either a Specific Plan or Planned
Community Text will combine all of the elements of the existing Planned
Community Text and zoning provisions into one comprehensive document.
Additionally, the zoning document will include architectural and design provisions
which will carry forward the original design concepts of Newport Center to the •
present and into the future. Both the General Plan Amendment and zoning document
will consider policies and design elements to improve pedestrian circulation, resolve
parking concerns and preserve design themes to enhance the long term viability of
Newport Center and to provide the opportunity for the various development areas
within Newport Center to function together as an integral, well planned unit.
We propose to provide both project management and the development of the General Plan
Amendment and zoning document services to the City. We will carry forward our management team
of Roger Green and Larry Hogle from Phase I into Phase II and additional staff of Hogle- Ireland will
be assigned as necessary to the project. We anticipate using Ray Brantley, Project Manager, to
manage the EIR consultant contract and related EIR activities and responsibilities. Ray has
exceptionally strong expertise with EIRs and served as the Chief of Orange County Environmental
Planning beforejoining Hogle-Ireland. We anticipate assigning one or more ofour Associate Project
Managers to the project to organize and write the General Plan document and zoning document
under direction of Roger Green and Larry Hogle and to assist Ray Brantley as necessary.
For the development of design concepts and graphics, we will use our sister planning design firm,
Tellus, and the Principal of that firm, Bill Phillips. Bill is a very talented land planner who works
with us on numerous projects and is currently working with us on the Laguna Hills Urban Village
Specific Plan. Bill will take the input from the Planning Commission Committee, citizens, staff,
0
Ms. Sharon Wood
• September 2, 1999
Page 3
property owners, and the project team and translate that input into design concepts for Newport
Center. He will express those concepts graphically and in text for inclusion into the General Plan
Amendment and zoning document.
Hogle - Ireland has recent and applicable experience with the development of specific plans. Our
Specific Plan for the North Valencia project in the City of Santa Clarita won an American Planning
Association award. We are presently developing the Laguna Hills Urban Village Specific Plan and
are updating the City Ranch Specific Plan in the City of Palmdale. Additionally, we are preparing
two specific plans located in the City of Fontana.
Attached is the project schedule that we developed during Phase I of the project. As we have
discussed, this schedule is quite ambitious and will require that everyone work together in meeting
the time frames.
Also attached is the Scope of Work and budget covering all aspects of our proposed Phase II work
program. As the City's project manager, one of our prime responsibilities will to be to keep the
project on schedule and within budget.
• We look forward to continuing our work on this exciting and challenging project with the City as
we enter into Phase II.
SincerelyZarryK. Partnle > g
Hogle- Ireland, Inc.
cc: Roger Green, Project Manager, Hogle- Ireland, Inc.
Paul Ireland, Partner, Hogle - Ireland, Inc.
Attachments: Project Schedule
Scope of Work and Budget
Scope of Work - Phase H
Newport Center Long -Range Plan
September 2, 1999
Budget Summary
The following is a detailed breakdown of the tasks, hours and costs associated with the completion of Phase II of the
Newport Center Long -Range plan. The breakdown is separated into three primary tasks: 1) Project Management; 2)
EIR Project Management; and 3) Preparation of the General Plan Amendment and Zoning Document for Newport
Center. The budget is summarized as follows:
Task I - Project Management
$80,700
Task 2 - EIR Project Management
$36,280
Task 3 - Preparation of GPA and Zoning Document
$80,910
Other - Reproduction Costs
$2,000
GRAND TOTAL
$199,890
Task 1: Project Management
Sub Task
Description
Estimated
Hours
Estimated
Costs
1.1 Process Management
Function as contract City staff and
HI Inc
HI Inc.
manage, oversee, and provide typical
City planning staff functions related to
Partner - 40
$31,420
the project; prepare for and attend
PM - 250
regularly scheduled meetings with
APM - 50
property owners and City staff; ensure
that project is staying on schedule for
both the preparation of the EIR and
Zoning Document.
1.2 Review of Project
Review and provide comments on
HI Inc,
HI Inc.
Documentation
various documents such as but not
limited to the EIR technical reports, the
Partner - 20
$11,260
EIR document, monitor the review
PM - 70
schedule to ensure that reviews are
APM - 30
conducted in an expeditious manner
and on schedule; ensure that property
owners provide comments on EIR,
General Plan Amendment and Zoning
Document on schedule
F%,
I—]
u
9
Scope of Work - Phase II
Newport Center Long -Range Plan
Page 2
1.3 Preparation of Reports and
Prepare notices for community
HI Inc.
HI Inc.
Documents
meetings, public hearings and any
special meetings called by the City;
Partner - 20
$10,940
prepare staff reports,
PM -80
recommendations, conditions of
APM - 50
approval, resolutions and ordinances;
prepare documentation for the
Planning Commission Committee and
Property Owners as needed to keep
them informed on the project status
I A Coordination with Property
Coordinate with Property Owners to
HI Inc.
HI Inc.
Owners
ensure project information is being
adequately conveyed
PM - 40
$5,080
APM - 20
1.5 Community Input
Coordinate and make any necessary
HI Inc.
HUM
presentations at community meetings;
prepare for public hearings and make
Partner - 20
$9,400
any required presentations at public
PM - 40
hearings
APM - 40
1.6 Public Approval
Attend public hearings with Planning
HI Inc
HI Inc.
Commission and City Council; prepare
Partner - 20
graphic presentations that convey the
PM - 40
$7,840
development concepts through either
APM - 20
graphic and/or power point
presentations
Tellus Inc.
Tellus Inc.
PM-20
$2,000
TOTAL EST. HOURS AND
HI Inc.
HI Inc.
COSTS
Partner -120
PM - 520
$78,700
APM-210
Tellus Inc.
Tellus Inc
PM-20
$2,000
l�
Scope of Work - Phase II
Newport Center Long -Range Plan
Page 3
Task 2: EIR Project Management
Sub Task
Description
Estimated
Estimated
Hours
Costs
2.1 EIR Process Management
Function as contract City staff and
HI Inc.
HI Inc
manage, oversee, and provide City
planning staff functions related to the
Partner - 20
$10,280
preparation of the EIR, including
PM -60
consultant selection, scoping of EIR
APM - 40
work and preparation of reports and
documents as necessary. Ensure that
the EIR is staying on schedule. Meet
with EIR consultants regularly to
ensure that needed information is
provided. Monitor EIR preparation and
review schedule to ensure that reviews
are conducted effectively and
efficiently and on schedule; Coordinate
with City Staff, the Project Team,
Property Owners, Resource Agencies
and the Public to ensure project
information is accurately conveyed
2.2 Meetings
Prepare for and attend regularly
HI Inc.
19 Inc
scheduled meetings with City staff and
property owners and project team to
PM -30
$2,640
ensure that the Project and EIR
schedules are coordinated. .
2.3 Review of Project
Review and provide comments on
HI Inc.
HI Inc.
Documentation
technical documents related to the
Partner - 20
preparation of the EIR, including
PM-40
$15,640
Screencheck EIR, pre-draft EIR,
Response to Comments document,
APM _ 120
Mitigation Monitoring Program, and
Resolutions. Prepare redline document
and written comments on the Draft EIR
2.4 Review and Finalization of
Review notices for community
HI Inc.
HI Inc.
Reports and Documents
meetings, public hearings and any
special meetings called by the City.
PM -20
$3,320
Review and finalize staff reports,
Response to Comments document
APM - 20
resolutions, mitigation monitoring
programs and other documentation for
the Planning Commission and City
Council.
0
0
le
Scope of Work - Phase H
Newport Center Long -Range Plan
Page 4
2.5 Community Input
Oversee the EIR Consultant regarding
any necessary presentations at
community meetings and public
hearings; attend public meetings as
necessary
HI Inc.
PM - 20
HI Inc
$1,760
2.6 Public Approval
Prepare for and attend public hearings
HI Inc
HI Inc.
Constraints
with Planning Commission and City
PM-20
$1,760
Council;
Partner - 15
$3,830
TOTAL EST. HOURS AND
project opportunities and
HI Inc
HI Inc.
COSTS
constraints; develop 2 -3 design
Partner -40
$36,280
concepts from meeting with
PM - 190
Planning Commission Committee
APM - 180
Tellus Inc .
0 Task 3: Preparation of General Plan Amendment and Zoning Document
Sub Task
Description
Estimated Hours
Estimated
Costs
3.1 Identify Opportunities and
Attend walking tour of Newport
HI Inc.
HI Inc.
Constraints
Center and meet with Planning
Commission Committee to define
Partner - 15
$3,830
project opportunities and
constraints; develop 2 -3 design
PM-20
concepts from meeting with
Planning Commission Committee
Tellus Inc.
Tellus Inc .
PM-40
$4,000
/9
Scope of Work - Phase II
Newport Center Long -Range Plan
Page 5
3.2 Preparation of Document
Prepare General Plan Amendment
HI Inc.
HI Inc.
and Zoning Document for Newport
partner - 10
Center to modify the specificity of
PM-80
$22,420
the existing General Plan and
incorporates the vision of Newport
APM - 160
Center; prepare a zoning document
Word Processing -
for Newport Center that combines
40
all elements of the existing Planned
Community Text and zoning
Tellus Inc.
Tellus Inc.
provisions into one comprehensive
document; Design issues to
consider include pedestrian
PM- 10
$1,000
circulation, parking distribution and
demand, open space amenities, and
architectural design elements
3.3 Preparation of Graphics
Prepare approximately 10 diagrams
III Inc.
HI Inc.
for the zoning document that
address entry way features,
PM-30
$3,420
pedestrian circulation, edge
conditions; parking distribution,
APM - 10
open space areas and building mass,
landscape treatments, etc.; This task
Tellus Inc.
Tellus Inc.
also includes graphics for cross
sections of important features to be
included within the zoning
PM-75
$15,000
document.
Illustrator - 75
3.4 Preparation of Architectural
Prepare architectural design
III Inc,
HI Inc.
Guidelines
guidelines and standards for zoning
document
PM- 12
$1,000
Tellus Inc.
Tellus Inc.
PM-75
$15,000
Illustrator - 75
3.5 Develop Landscape Concepts
Develop landscape pallette and
III Inc.
HI Inc
theme to provide a consistent
planting theme for Newport Center
PM- 12
$1,000
Tellus Inc
Tellus Inc.
PM - 80
$8,000
UP
•
0
Scope of Work - Phase II
. Newport Center Long -Range Plan
Page 6
0
3.6 General Graphic Assistance
As needed, provide general graphic
HI Inc
HI Inc.
and Community Outreach
information to the City to convey
the public and/or the property
the vision and development concept
PM-25
$2,200
Graphic Artist
to the City and the community;
Not Budgeted
used for preparation of graphics for
prepare community outreach
the community outreach program at
informational bulletin that covers
Tellus Inc.
Tellus Inc.
the project and process and assists
the public understand the Newport
PM-20
$2,000
Center development plan and
vision.
"May need graphic artist for
community outreach which will be
separate cost.
3.7 Meetings
Attend regular scheduled meetings
HI Inc.
HI Inc.
with the Property Owners, Planning
Commission Committee and City
None - See Task
None - See
staff
1.1
Task 1.1
Tellus Inc .
Tellus Inc.
PM-20
$2,000
TOTAL ESTIMATED HOURS
HI Inc.
HI Inc.
AND COSTS
Partner - 25
PM - 179
$33,870
APM - 170
Word Processing -
40
Tellus Inc.
Tellus Inc
PM - 320
$47,000
Illustrator - 150
Other
Reproduction Costs
Duplication of GPA/Zoning
$2,000
Document and other materials for
the public and/or the property
owners
Graphic Artist
If necessary, a graphic artist can be
Not Budgeted
used for preparation of graphics for
the community outreach program at
the City's discretion.
19/
Scope of Work - Phase II
Newport Center Long -Range Plan
Page 7
Total Costs
Task 1 - Project Management
$80,700
Task 2 - EIR Project Management
$36,280
Task 3 - Preparation of GPA and Zoning Document
$80,910
Other - Reproduction Costs
$2,000
GRAND TOTAL
$199,890
is
M
0
L.J
SCHEDULE OF HOURLY RATES
HOGLE - IRELAND, INC.
HOURLY RATES
Effective August 1, 1999
CLASSIFICATION
RATE
Partner
$138.00
Principal
110.00
Senior Project Manager
98.00
Project Manager
88.00
Associate Project Manager
78.00
Assistant Project Manager
62.00
Project Technician
48.00
Word Processing/Secretarial
38.00
TELLUS INC.
HOURLY RATES
CLASSIFICATION
RATE
Project Manager
$125.00
Illustrator
75.00
'123
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