HomeMy WebLinkAbout09 - Evaluation of Development Review & Plan Check ProcessCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 9
January 10, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Sharon Wood, Assistant City Manager
949 - 644 -3222, swood @city.newport - beach.ca.us
SUBJECT: Professional Services Agreement with Hogle- Ireland, Inc. for
Evaluation of Development Review and Plan Check Process
ISSUE:
City Council members and staff receive complaints regarding the amount of time it takes
to complete the City's development review and plan check processes. Should the City
hire Hogle- Ireland, Inc. to evaluate these processes and recommend improvements that
can save time for applicants and City staff?
RECOMMENDATIONS:
1. Approve a budget amendment transferring $40,000 from unappropriated general
fund reserve to the City Manager's professional and technical services account,
0310 -8080.
2. Approve the attached Professional Services Agreement with Hogle- Ireland, Inc.,
and authorize the Mayor and City Clerk to execute the agreement.
DISCUSSION:
Four years ago, the staff in all departments involved in the development review and
permitting functions established a task force to review processes and procedures with
the goal of reducing the amount of time required to complete the process. Many
improvements were identified and implemented by this group, including simultaneous
review by all departments and empowering Public Works to conduct simple reviews for
General Services and Utilities, all with the goal of completing the first plan check within
4 weeks of submittal. Implementation of these improvements helped for a while, but
development activity continued to increase, and additional improvements have been
planned and /or implemented (e.g., a new Records Specialist position to manage the
flow of plans, sequester time for Planners).
PSA with Hogle- Ireland, Inc.
January 10, 2006
Page 2
Even with these improvements, we are not consistently able to meet our 4 -week goal,
and the City Council and Manager continue to receive complaints. Some complaints
are related to the amount of time in the process, but others are related to coordination
between departments. The concerns about time could be resolved with additional staff
or a decrease in development activity. But if we do need to improve inter - departmental
coordination, that need will remain regardless of the workload and staffing level.
Staff is recommending that the City undertake an independent, outside evaluation of our
development review and plan check processes. City staff who evaluated these
processes in the past did an excellent job, but are too close to the process to be able to
see where existing procedures could be improved further.
Staff received two proposals to conduct this evaluation, one from IBM and one from
Hogle- Ireland, Inc. This would be a new business area for IBM, and the individual who
would have conducted the study took a long leave of absence. Hogle- Ireland, Inc. has
done work for the City for several years, beginning with a comprehensive plan for
Newport Center in 1999 and continuing to the present with Planning staff support for the
Hoag Hospital and Mariner's Mile Gateway projects. Larry Hogle, the partner who
would be project manager, has experience as a city Community Development Director,
and has conducted similar studies for other cities.
The proposal includes written questionnaires to staff, interviews with staff and users of
our services, review and analysis of Newport Beach's processes, and analysis of other
cities' processes to determine best practices that Newport Beach could incorporate.
The project would be completed in four months, and cost $40,000.
Funding Availability:
With the recommended budget amendment, sufficient funds will be available in the City
Manager's professional and technical services account.
Submitted by:
Sharon Wood
Assistant City Manager
Attachments: 1. Professional Services Agreement
2. Budget Amendment
PROFESSIONAL SERVICES AGREEMENT WITH
HOGLE- IRELAND, INC.
THIS AGREEMENT is made and entered into as of this day of January,
2006, by and between the CITY OF NEWPORT BEACH, a municipal corporation
( "City"), and Hogle- Ireland, Inc., a California corporation whose address is 2860
Michelle Drive, Suite 100, Irvine, California, 92606 ( "Consultant "), and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business as it is
now being conducted under the statutes of the State of California and the
Charter of City.
B. City desires to engage Consultant to evaluate City's development review
and plan checking process ( "Project').
C. Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this Agreement.
D. The principal member of Consultant for purposes of Project, shall beLarry
K. Hogle.
E. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and desires
to retain Consultant to render professional services under the terms and
conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the _ day of January, 2006, and
shall terminate on the 30th day of June, 2006, unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached as Exhibit "A" and incorporated herein by reference. The City
may elect to delete certain tasks of the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and Consultant shall perform the services in accordance with the schedule
included in Exhibit A. The failure by Consultant to strictly adhere to the schedule
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit "B" and incorporated herein by
reference. In no event shall Consultant's compensation exceed Forty Thousand
Dollars ($40,000) without additional authorization from City. No billing rate
changes shall be made during the term of this Agreement without the prior
written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
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A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Scope of
Services and which the parties did not reasonably anticipate would be
necessary at the execution of this Agreement. Compensation for any
authorized Extra Work shall be paid in accordance with the Schedule of
Billing Rates set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Larry K. Hogle to
be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the City Manager's Office. Sharon
Wood shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
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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.
8.1 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
tern of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
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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.
I11> I�l1 :Ia:I�Ia]:I �1 Kole] �I1MITAL91:1
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.
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11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the work, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the tern of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by City's
Risk Manager prior to commencement of performance or issuance of any permit.
Current certification of insurance shall be kept on file with City at all times during
the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, with an assigned
policyholders' Rating of A (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Best's Key Rating Guide, unless
otherwise approved by the City's Risk Manager.
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D. Coverage Requirements.
1. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability Insurance for
his or her employees in accordance with the laws of the State of
California. In addition, Consultant shall require each subcontractor to
similarly maintain Workers' Compensation Insurance and Employer's
Liability Insurance in accordance with the laws of the State of California
for all of the subcontractor's employees. Any notice of cancellation or
non - renewal of all Workers' Compensation policies must be received by
City at least thirty (30) days prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed by
Consultant for City.
2. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than two million dollars
($1,000,000) per occurrence for bodily injury, personal injury, and property
damage, including without limitation, contractual liability. If commercial
general liability insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to the work
to be performed under this Agreement, or the general aggregate limit shall
be at least twice the required occurrence limit.
3. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage for all
activities of the Consultant arising out of or in connection with work to be
performed under this Agreement, including coverage for any owned,
hired, non -owned or rented vehicles, in an amount not less than one
million dollars ($1,000,000) combined single limit for each occurrence.
4. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which covers the
services to be performed in connection with this Agreement in the
minimum amount of one million dollars ($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of the
Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents and
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volunteers as respects to all claims, losses, or liability arising directly or
indirectly from the Consultant's operations or services provided to City.
Any insurance maintained by City, including any self- insured retention City
may have, shall be considered excess insurance only and not contributory
with the insurance provided hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to
the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed officers,
officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either party
except after thirty (30) days written notice has been received by City.
G. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from Consultant's
performance under this Agreement.
H. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
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16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed documents
for other projects and any use of incomplete documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes the release of information.
19. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
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20. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against liability, including costs, for infringement
of any United States' letters patent, trademark, or copyright infringement,
including costs, contained in Consultant's drawings and specifications provided
under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant to this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City to examine,
audit and make transcripts or copies of such records during regular business
hours. Consultant shall allow inspection of all work, data, documents,
proceedings and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
22. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant
shall not discontinue work as a result of such withholding. Consultant shall have
an immediate right to appeal to the City Manager or his designee with respect to
such disputed sums. Consultant shall be entitled to receive interest on any
withheld sums at the rate of return that City earned on its investments during the
time period, from the date of withholding of any amounts found to have been
improperly withheld.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
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persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination of
this Agreement by City. Consultant shall indemnify and hold harmless City for
any and all claims for damages resulting from Consultant's violation of this
Section.
25. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Sharon Wood
Assistant City Manager
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
(949) 644 -3222
Fax 644 -3020
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Larry K. Hogle
Hogle- Ireland, Inc.
2860 Michelle Drive
Suite 100
Irvine, CA 92606
( 949) 553 -1427
Fax 553 -0935
26. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
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steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provision, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days' prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports and other information
developed or accumulated in the performance of this Agreement, whether in
draft or final form.
27. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
30. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
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31. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
32. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions
of2this Agreement shall continue in full force and effect.
33. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
34. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
Robin Clawson,
City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless
CITY Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Mayor
for the City of Newport Beach
CONSULTANT
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
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EXHIBIT A
PROPOSAL
for
EVALUATION OF THE CITY'S DEVELOPMENT REVIEW AND
PLAN CHECKING PROCESS
Submitted to:
December 2005
Submitted by
SCOPE OF WORK
City of Newport Beach
Hogle- Ireland, luc.
This study will evaluate the City's process for reviewing development applications and
plan checking. The objective of the study is to make recommendations to improve the
efficiency and effectiveness of the review processes. The evaluation will include staff
roles and responsibilities, niter- departmental coordination. submittal requirements,
submittal processes. work flow documentation. use of outside technical consultants. and
timelines fin• processing applications. The evaluation will review the processes and
responsibilities of Planning, Public Works. Building, fire. and all other departments and
agencies involved in the development application and plan checking review processes.
The final work product will be a report presenting findings and recommendations for
implementation.
nccre arc two important components in a study such as this:
Ali in -depth review and analysis of the City applications. processes, and operating
procedures. Phis commonly relcrrcd to as the "technical review."
2. Interviews - interviews with City staff and elected and appointed officials. it'
desired by the City, are very important. Interviews with clientele of the City
(developers, architects. engineers, and property owners) arc also recommended. It
is suggested that the interviews with the City clientele be limited to a group of
about tell individuals.
The concerns and problems obtained from these interviews fall into two
categories - real concerns and problems and perceived concerns and problems.
Although the perceived concerns and problems may not be supported by facts,
they arc as important and in many cases, more important than the real concerns
and problems. Both Categories must be identified and addressed.
Task A will start within one week alter receiving authorization from the City to proceed.
"this project can be completed in approximately tour months.
Proposal Hagle- Ireland. Im. Page l
Cilr nfArerpor1 Beach
Task A - Refinement of Scone of Work and Schedule and Review of City Materials
1. Refinement and adjustment of the scope of work and scliedule to meet City needs
and expectations.
2. Discuss with City staff the availability of development case processing materials
and reports that call be reviewed prior commencing on -site activities.
3. Coordinate interviews and meetings that will take place in Task B.
Anticipated Scliedule:2 weeks
Task B - Ou -site Meeting and tuterviews and Review of Processes
This task will primarily be conducted on -site at the City of Newport Beach.
Conduct introduction and orientation meeting with City staff involved with the
development review processes. Typically. two meetings are held with stall' to
introduce the consultant team and to explain the purpose of the study and how it
will be conducted.
This unccting is extrenncly important in order to set aside any fears and
misconceptions the staff may have regarding the purpose of the study and how it
will be conducted. We ask that City managcmeol be present it the meeting to
introduce the consultant team and to show supponl for the study.
2. Sl0l'1' written gmestionnuires - we strongly suggest the use of questionnaires that
will be given to staff at the kick off, orientation meeting. We like to use a
questionnaire Ihat is open ended and asks fir staff suggestions and identification
of problcin areas. We find Thal staff usually knows what has to be done to
improve the processes and provides excellent input to Ilie project Icani. The
responses Iron) staff are confidential and will be mailed back to the project teani
in addressed. stamped envelopes that will be provided at the staff meeting. The
individual responses are kept confidential, but we Nvill suunuarize lhci n for City
management and utilize them to IoCUS out' study.
3. Commencement of interviews with City management staff and the clientele of the
City. The persons to be interviewed will be identified and the interviews
scliedulcd in Task A. It is recommended that tell 30 nnillutc interviews with City
management and supervisory staff be scheduled.
The interviews with City clientele must be limited ill number in order to make the
prgicct manageable. We recommend that these interviews be limited to tell.
4. From the information received from the subtasks listed above, follow up
interviews and observations of operations will be conduced on-site.
l'roposul Hglzle- lrelund, lie Page 2
Ci[r of Nell por[ Beach
Anticipated Sclicdulc:3 weeks
Task C - Review and Analysis
This task will be conducted ol't'site at the Ilogle- Ireland Irvine office. The information
and materials obtained from Tasks A and B will be reviewed and analyzed and
preliminary findings will be developed. It is anticipated that there will be telephone and
c -mail communication with City staff to obtain additional information and clarifications
as well as possible additional on -site visits.
Anticipated Schedule; 4 weeks
Task 1) - Follow Up Interviews and On -site Observations
The project team will be on -site at the City of Newport Beach to conduct follow up
interviews with staff and to review and observe actual operations. The preliminary
findings identified in Task C will be reviewed on site.
Anticipated SCludldc; 2 weeks
Task F - Comparative Analysis
The development review and development application processes of three Southern
California cities will be reviewed and compared to that of the City of Newport Beach.
The cities to be studied will be selected in consultation with City staff in Task B. The
purpose of the comparative analysis is to look at real examples of processes as compared
to those of the City of Newport Beach and to incorporate the "good" elements of those
processes into an updated process for the City.
Task F - Draft Report, Findings mud Rcconuneudatious
This task will be conducted off-site at the I logle- lrcland I vinc office. The Draft Rcport
will be provided to the City's representative for review and comment. The Final Report
will be prepared and will contain findings and recommendations for implementation.
Anticipated Schedule:4 weeks
'Cask G - Wrap Uv
The projIul Ic.am will be on -site lo:
I. Present the findings and recommendations to City staff.
2. If directed by City management, present to findings and recommendations to the
City clientele. This could be handled by a presentation to the Planning
Commission or City Council.
Proposal //ogle- h-clood. hac. Page 3
01.1 of N017)nr7 Beach
COST PROPOSAL
The total cost for this study is $40,000. This cost proposal includes all overhead and
travel expenses:
Task A
Task B
Task C
Task D
Task E
Task h
Task G
Total
PROJECT TEAM
$ 1,500
$ 3,500
$11,000
$ 3,500
$13,000
$ 5,000
$ 2,500
$40,000
The two key members of the I logle- Ireland project team are Larry K. Hoglc, Partner, and
David Klug, Associate Project Manager. Mr. 1 -logic will function as the principal -in-
charge as well as having direct, hands on involvement in the study.
Larry K. Ilo,�,le
Mr. Ilogle is the founding partner of 1-Ioglc- Ireland and serves as President of the
Corporation. His experience and qualifications are uuiqucly suited for this project. He is
a planner, development consultant, and licensed engineer with extensive experience in
development case processing and city organizations. He has served in city positions of-
Community Development Director, Building & Safety Director, City Engineer,
Redevelopment Agency Director, and Housing Authority Director both as a city
employee and contractor. Ile regularly serves as an expert witness in zoning and
enlillcnrcnt processing matters.
In addition to functioning as principal -in- charge of the project, he will have an extensive,
hands on role in all projcct activities.
David Klux
Mr. Klug has over 12 years of public sector planning and development experience.
During his public sector employment lie has served as a Planning /Zoning Administrator,
Dcputy Director a Director of a Planning Agency. Most recently, lie has provided
contract planning services to Flogle- Ireland contract cities. Ile will work closely with
Mr. 1-Iogle in carrying out all aspects of the project.
P-upusul l-log/e- /-eland. hrc. Pgge 4
Cih ofA'eu'purl Beach
Other Staff
Although Larry 1-logic and David Klug will have the primary responsibility for the
proposed study, additional lower level staff assigned to the Irvine office will be used to
assist with various aspects of the project. 1- Ioglc- Ireland has a complete graphics section
in the Irvine office that will assist in providing any necessary graphics.
COMPANYBACKGROUND
Bogle- Ireland. Inc. is a land use, planning. and development consulting firm providing
assistance to Conununity Development and Planning Departments faced with ever -
increasing complexity in administering development processes, procedures. and
regulations.
Pounded in January 1988, Bogle- Ireland. Inc. provides assistance to Community
Development. Building. Planning and Public Works Departments. 'fhc firm has three
offices. located in Irvine. Riverside, and Palm Springs.
During the last eighteen (18) years. Hogle- Ireland. Inc. has provided a broad range of
services to established public agencies and newly incorporated cities. Our services have
ranged li'onn setting up a complete department; including computers, furniture, and all
staff. to preparation of initial General Plans and Zoning Ordinances to the review of
processes and procedures. We have also become widely known for in -depth fee studies
and development of cost - recovery programs for processing of development applications.
We have prepared American Planning Association award winning Specific Plans and
Zoning Ordinances.
Our firm is uniquely qualified to provide services in these and other areas because 01'1111C
background and professional experience of the Partners. Principals and staff. ]'he
Partners and Principals bring extensive experience as Conununity Devclopnnent /Planning
Directors of California public agencies. right members of our staff have served in
Planning /Conununity Development Director positions for C01H61-nla Cities and counties.
In addition. all senior staff of I-logle- h'eland. Inc. have served in managerial positions in
Conununity Development Departments. All of our professional staff have experience in
California cities and counties. We have sixty -eight professional staff members in the
company.
Hoglc- Ircland, Inc. is committed to providing superior, high -level service to our Clients.
We do so by maintaining a core of highly qualified staff possessing a wide range of skills
that we match with our client's needs.
SERVICES TO GOVERNMENTAL AGENCIES
The services provided by l- logic- Ircland, Inc. to local governmental agencies arc
Connprehensivc because of our ability.to provide a broad -based management perspective
l'rahas<d l-logle- lrehmd, lire. huge S
Ciirgf Newnn'l Bcocb
to organizations and processes coupled with our "hands -on" knowledge. Services
provided by 1- (ogle- Ireland, Inc. fall into the following categories:
• Planning Services - We provide contract staff services in all planning areas such as
Advanced, Current, and Environmental.
• Gcncral Plan Preparation Services - We prepare complete comprehensive
General Plans, as well as individual elements of'Geucral Plans.
• Zoning Code Development - We have received awards From the American
Planning Association (APA) for the Laguna Hills Zoning Ordinance and the North
Valencia Specific Plan.
• Organizational and Development Processing St ulics - We provide analyses of
the efficiency and effectiveness of city development processing services including
building, public works, all(] planning.
• Interim Management - We provide temporary management for Planning and
Community Development Dcpartnnenls.
• Applications, Forms and Informational Materials - We develop and update
applications. forms, and informational materials.
• Countcr Functions - We develop counnter procedures and provide staffing for
public counters.
• Procc(Inl'c and Policy Manuals - We develop proccdures and policy nrnnrnals in
all areas of planning and connnunity development.
• Fce Sinnctin•c Analysis - We are known tier our skills in the development of cost
recovery systems for Planning, Engineering, Building and Salely, and other
development related activities.
• Environmental - We prepare Initial Studies, Negative Declarations. arnd Mitigation
Monitoring Programs. We also develop Environmental Procedures for compliance
with the California Euvirouuncutal Quality Act.
• Transitional Services for Newly Incorporated Citics or for Citics transitioning
to contract services - We have worked with uuunerous cities in transitioning fronn
County to City operations. We also provide a wide range of contract planning
services to established cities.
• Specific Plan Development and Nlanagemcnt - We have written and received
awards for developing outstan(ling Specific Plans and we also function as Specific
Plan pro.jecl managers for cities.
Proposal Hogle- lrelana, lac. Page 6
('ilr of Neu'porl Beach
REPRESENTATIVE PUBLIC SECTOR CLIENTS
The following is a list of public sector clients 1'or whom 1- logle- Ireland, Inc. has provided
services:
City of Anaheim
City of Irvine
City of Arcadia
City of Laguna Hills
City of Canyon Lake*
City of Laguna Niguel
City of Corona
City o1' Malibu *
City of Costa Mesa
City of Montebello
City of Cypress
City of Murrieta *
City of Culver City
City of Newport Beach
City of Dana Point *
City of Norco*
City of Diamond Bar
City of Norwalk
City of Fontana
City of Ontario *
City ol'Grand'ferracc
City o1'Orange *
City of Highland
City of Perris
City of Huntington Beach
City of Chino
City of Riverside
County of Riverside
City of San Bernardino
County of San Bernardino *
City of Santa Ana
Town of TTnckce
City of Rancho Cucamonga
City of Twcntynine Palms *
City of Redlands
City of West Covina
City of Westminster
City of Yorba Linda
City of Yucaipa
Town of Apple Valley
]'own of Yucca Valley "
City of Laguna Woods
City of Pouroua *
City of Goleta
City of Downey
City Of] 11.111tingtOn Park
City of Hesperia *
City of Whittier
City of Moreno Valley *
City of San .Iacinto
* Aclire Chenl
EXAMPLES OF SIMILAR PROJECTS
County of San Bernardino
llogle- Ireland conducted a comprehensive review of the County's Community
Development operation and presented recommendations to improve the processes and
customer service. This project involved significant input from the development
Community. Following the Campletion of this project, the County engaged us to provide
the scoping for their upcoming General Plan update. This project received an APA
award. The County then asked us to participate in the update of the General Plan.
Contact: Mr. Randy Scott, Planning Manager
Telephone number: 909- 337 -4147
Proposal Hogle -l- eland, lne. Page 7
City of Neil pot Beoch
City of Pomona
Ilogle- Ireland conducted a management and organization study of the Building & Safety
Division of the Community Development Department. This study reviewed all
operations, applications, and processes as well as those of other Departments involved in
the development review and approval processes. An additional contract has just been
awarded to Hogle- Ireland to assist in the implementation of the recommendations and to
update the application and processing Pecs of the Building & Safety and Planning
Divisions.
Contact: Mr. Rick Gouncz, Community Development Director (was the
Director at that time - has since left the City)
Telephone number: 909 -620 -2421
Citv of Golcta
1-logic- Ireland established the entire Couuuunity Development Dcpartmcut in June 2002
for this newly incorporated city and provided all Dcpartmcut staffing and management
fronn .lone 2002 through April 2003. We developed the complete organization along with
all processes, forms. and applications.
Contact: Mr. Ken Curtis, Community Development Director
TCICphone number: 805- 961 -7500
Citv of Yorba Linda
Iloglc- lrcland conducted an organization review of the Building and Salefy Division of
file Conuuuuity Development Department. The work product included recommendations
and an implementation program. Following the completion of this review. the City
cngagcd us to update their Zoning Code and all related processes related to Planning.
Contact: Ms. Pat I lalcy, Couuuunity Development Director (now retired)
Telephone number: 714- 961 -7130
Citv of Laguna Woods
1- logic- lrcland established the Planning Department and all planning operations for this
newly incorporated city. We also developed their first General Plan and Zoning Code.
Contact: Ms. Lcslic Kcauc, City Manager
"telephone nuunbcr: 949 -639 -0500
Citv of Laguna Hills
I-loglo-lrclaud cstablislncd the Planuiug /Conuuuuity Development Dcparuucnt in 1991 for
this newly incorporated city and stalled and managed all operations until 2000.
Proposal Nogle- 11cland. lnc. Pc ;qe 8
01i, ofNewporl Beach
Contact: Mr. Bruce Channing, City Manager
Telephone number: 949- 707 -2600
We have also conducted organizational and process reviews of development case
processing for the Cities of Huntington Beach, Moreno Valley, and Norwalk. We have
established the entire Planning and Community Development Departments for seven
newly incorporated cities.
CONTACT INFORMATION
I- Iogle- Ireland. Inc. is a California corporation and was established in January 1988. The
corporate office is in the City of Irvine at the address shown below. Services provided to
the City ol'Ncwport Beach will be provided out of the Irvine ol`fice.
Irvine Office
2360 Michelle Drive. Suite 100
Irvine. CA 92606
Telephone: 949 -553 -1427
Fax: 949- 553 -0936
Contacts: Larry K. Hogle, President
Paul .1. Ireland. Vice President
Mike Thiele. Principal
Pr'uposal Nagle- (refund. lac, Page 9
On! of ,Neiyari Brach
EXHIBIT B
SCHEDULE OF HOURL Y RATES
HOCLE- 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 Planninlg
125.00
Senior Designer
120.00
Senior Project Manager
120.00
Project Manager
110.00
Senior Associate Project Manager
100.00
Associate Project Manager II
90.00
Associate Project Manager 1
85.00
Graphics Designer
80.00
Assistant Project Manager 11
80.00
Assistant Project Manager 1
65.00
Project Technician
60.00
Word Processing
60.00
A11 hourly rates include normal overhead. Reimbursable expenses, including blueprints, etc., will be billed at cost
phis 10 %%. I lourly rates are updated periodically. Expert Witness for deposition & testimony will be billed at
$350.00 /11ou1'.
City of Newport Beach
BUDGET AMENDMENT
2005 -06
EFFECT ON BUDGETARY FUND BALANCE:
NO. BA- 06BA -040
AMOUNT: $40,000.00
Increase Revenue Estimates Increase in Budgetary Fund Balance
Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase expenditure appropriations from the unappropriated fund balance in the General Fund to contract for an
evaluation of the City's development review and plan check process.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
010 3605 General Fund - Fund Balance
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Signed:
Description
Description
0310 City Manager
8080 Services - Professional & Technical
Approval: AdministMfive Services Director
Administrative Apg(val: City Manager
Amount
Debit Credit
$40,000.00 .
$40,000.00
Date
4 /v DG
Dat
Signed:
City Council Approval: City Clerk Date