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CITY OF SEAL BEACH
PROFESSIONAL SERVICES AGREEMENT
with
HOGLE - IRELAND, INC.
for
PLANNING AND PROJECT MANAGEMENT SERVICES
January 28, 2002
CITY OF SEAL BEACH
PROFESSIONAL SERVICES AGREEMENT
1 PARTIES AND DATE. .�
This Agreement is made and entered into this � 0 day of,, , 2002
by and between the City of Seal Beach, a municipal organization organized und-a e laws of
the state of California with its principal place of business at 211 Eighth Street, Sea Beach, CA
90740 ( "City ") and Hogle-lreland, Inc., a California Corporation with its principal place of
business at 42 Corporate Park, Suite 250, Irvine, CA 92606 ( "Consultant "). City and Consultant
are sometimes individually referred to as "Party" and collectively as "Parties."
2 RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing Project Manager services
to public clients, and is familiar with the plans of City.
2.2 Project(s).
City desires to engage Consultant to render planning and project management services
for the project(s) ( "Project(s) ") as set forth in this Agreement.
3 TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services.
Consultant promises and agrees to furnish to the City all labor, materials, tools,
equipment, services, and incidental and customary work necessary to fully and adequately
supply the professional project management and planning consulting services necessary for the
Project ( "Services "). The Services are more particularly described in Exhibit "A" attached
hereto and incorporated herein by reference. All Services shall be subject to, and performed in
accordance with, this Agreement, the exhibits attached hereto and incorporated herein by
reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term.
C:\My Documents\FORMS\Hogle- Ireland Contract.doc \LW\01 -25 -02
Professional Services Agreement
City of Seal Beach and Hogle- Ireland, Inc.
January 28, 2002
The term of this Agreement shall be from January 28, 2002 to December 31, 2003,
unless earlier terminated as provided herein. Consultant shall complete the Services within the
term of this Agreement, and shall meet any other established schedules and deadlines. The
term may be extended by mutual consent of both parties.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor.
The Services shall be performed by Consultant or under its supervision.
Consultant will determine the means, methods and details of performing the Services subject to
the requirements of this Agreement. City retains Consultant on an independent contractor basis
and not as an employee. Consultant retains the right to perform similar or different services for
others during the term of this Agreement. Any additional personnel performing the Services
under this Agreement on behalf of Consultant shall also not be employees of City and shall at all
times be under Consultant's exclusive direction and control. Consultant shall pay all wages,
salaries, and other amounts due such personnel in connection with their performance of
Services under this Agreement and as required by law. Consultant shall be responsible for all
reports and obligations respecting such additional personnel, including, but not limited to: social
security taxes, income tax withholding, unemployment insurance, disability insurance, and
workers' compensation insurance.
3.2.2 Schedule of Services.
Consultant shall perform the Services expeditiously, within the term of this
Agreement, and in accordance with a Schedule of Services to be developed jointly by the City
and Consultant after execution of this agreement. In order to facilitate Consultant's conformance
with the Schedule, City shall respond to Consultant's submittals in a timely manner.
3.2.3 Conformance to Applicable Requirements
All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel.
Consultant has represented to City that certain key personnel will perform and
coordinate the Services under this Agreement. Should one or more of such personnel become
unavailable, Consultant may substitute other personnel of at least equal competence upon
written approval of City. In the event that City and Consultant cannot agree as to the
substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As
discussed below, any personnel who fail or refuse to perform the Services in a manner
acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a
threat to the adequate or timely completion of the Project or a threat to the safety of persons or
property, shall be promptly removed from the Project by the Consultant at the request of the
City.
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Professional Services Agreement
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January 28, 2002
3.2.5 City's Representative.
The City hereby designates Lee Whittenberg or his designee, to act as its
representative for the performance of this Agreement ( "City's Representative "). City's
Representative shall have the power to act on behalf of the City for all purposes under this
Contract. Contractor shall not accept direction or orders from any person other than the City's
Representative or his or her designee.
3.2.6 Consultant's Representative.
Consultant hereby designates Larry K. Hogle, or his designee, to act as its
representative for the performance of this Agreement ( "Consultant's Representative ").
Consultant's Representative shall have full authority to represent and act on behalf of the
Consultant for all purposes under this Agreement. The Consultant's Representative shall
supervise and direct the Services, using his best skill and attention, and shall be responsible for
all means, methods, techniques, sequences and procedures and for the satisfactory
coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services.
Consultant agrees to work closely with City staff in the performance of Services
and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care.
Consultant shall perform all Services under this Agreement in a skillful and
competent manner, consistent with the standards generally recognized as being employed by
professionals in the same discipline in the State of California. Consultant represents and
maintains that it is skilled in the professional calling necessary to perform the Services.
Consultant warrants that all employees and subcontractors shall have sufficient skill and
experience to perform the Services assigned to them. Finally, Consultant represents that it, its
employees and subcontractors have all licenses, permits, qualifications and approvals of
whatever nature that are legally required to perform the Services, and that such licenses and
approvals shall be maintained throughout the term of this Agreement. Any employee who is
determined by the City to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Project, a threat to the safety of persons or property, or any employee who
fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly
removed from the Project by the Consultant and shall not be re- employed to perform any of the
Services or to work on the Project.
3.2.9 Laws and Regulations.
Consultant shall keep itself fully informed of and in compliance with all local, state
and federal laws, rules and regulations in any manner affecting the performance of the Project
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January 28, 2002
or the Services, including all Cal /OSHA requirements, and shall give all notices required by law.
Consultant shall be liable for all violations of such laws and regulations in connection with
Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and
regulations and without giving written notice to the City, Consultant shall be solely responsible
for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials,
directors, officers, employees and agents free and harmless, pursuant to the indemnification
provisions of this Agreement, from any claim or liability arising out of any failure or alleged
failure to comply with such laws, rules or regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance.
Consultant shall not commence Work under this Agreement until it has
provided evidence satisfactory to the City that it has secured all insurance required under this
section. In addition, Consultant shall not allow any subcontractor to commence work on any
subcontract until it has provided evidence satisfactory to the City that the subcontractor has
secured all insurance required under this section.
3.2.10.2 Minimum Requirements.
Consultant shall, at its expense, procure and maintain for the duration of the
Agreement insurance against claims for injuries to persons or damages to property which may
arise from or in connection with the performance of the Agreement by the Consultant, its agents,
representatives, employees or subcontractors. Consultant shall also require all of its
subcontractors to procure and maintain the same insurance for the duration of the Agreement.
Such insurance shall meet at least the following minimum levels of coverage:
(1) Minimum Scope of Insurance.
Coverage shall be at least as broad as the latest version of the following:
(1) General Liability: Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto
Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and
Employers' Liability: Workers' Compensation insurance as required by the State of California
and Employer's Liability Insurance.
(2) Minimum Limits of Insurance.
Consultant shall maintain limits no less than: (1) General Liability:
$1,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability Insurance or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this Agreement/location or the
general aggregate limit shall be twice the required occurrence limit;(2) Automobile Liability:
$1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation
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January 28, 2002
and Employer's Liability: Workers' compensation limits as required by the Labor Code of the
State of California. Employers Liability limits of $1,000,000 per accident for bodily injury or
disease.
3.2.10.3 Professional Liability.
Consultant shall, at its expense, procure and maintain for the duration of the
Agreement professional liability insurance in the amount of $1,000,000.
3.2.10.4 Insurance Endorsements.
The insurance policies shall contain the following provisions, or Consultant
shall provide endorsements on forms supplied or approved by the City to add the following
provisions to the insurance policies:
(1) General Liability.
The general liability policy shall be endorsed to state that: (I) the City, its
directors, officials, officers, employees, agents and volunteers shall be covered as additional
insureds with respect to the Work or operations performed by or on behalf of the Consultant,
including materials, parts or equipment furnished in connection with such work; and (ii) the
insurance coverage shall be primary insurance as respects the City, its directors, officials,
officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of
coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self -
insurance maintained by the City, its directors, officials, officers, employees, agents and
volunteers shall be excess of the Consultant's insurance and shall not be called upon to
contribute with it.
(2) Automobile Liability.
The automobile liability policy shall be endorsed to state that: (I) the City, its
directors, officials, officers, employees, agents and volunteers shall be covered as additional
insureds with respect to the ownership, operation, maintenance, use, loading or unloading of
any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is
responsible; and (ii) the insurance coverage shall be primary insurance as respects the City, its
directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an
unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any
insurance or self- insurance maintained by the City, its directors, officials, officers, employees,
agents and volunteers shall be excess of the Consultant's insurance and shall not be called
upon to contribute with it.
(3) Workers' Compensation and Employers Liability Coverage.
•
If requested by the City the insurer shall agree to waive all rights of
subrogation against the City, its directors, officials, officers, employees, agents and volunteers
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January 28, 2002
for losses paid under the terms of the insurance policy which arise from work performed by the
Consultant.
(4) All Coverages.
Each insurance policy required by this Agreement shall be endorsed to
state that: (I) coverage shall not be suspended, voided, reduced or canceled except after thirty
(30) days prior written notice by certified mail, return receipt requested, has been given to the
City; and (ii) any failure to comply with reporting or other provisions of the policies, including
breaches of warranties, shall not affect coverage provided to the City, its directors, officials,
officers, employees, agents and volunteers.
3.2.10.5 Separation of Insureds; No Special Limitations.
All insurance required by this Section shall contain standard separation of
insureds provisions. In addition, such insurance shall not contain any special limitations on the
scope of protection afforded to the City, its directors, officials, officers, employees, agents and
volunteers.
3.2.10.6 Deductibles and Self- Insurance Retentions.
Any deductibles or self- insured retentions must be declared to and
approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the
insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City,
its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall
procure a bond guaranteeing payment of losses and related investigation costs, claims and
administrative and defense expenses.
3.2.10.7 Acceptability of Insurers.
Insurance is to be placed with insurers with a current A.M. Best's rating no
less than A:VIII, licensed to do business in California, and satisfactory to the City.
3.2.10.8 Verification of Coverage.
Consultant shall furnish City with original certificates of insurance and
endorsements effecting coverage required by this Agreement on forms satisfactory to the City.
The certificates and endorsements for each insurance policy shall be signed by a person
authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the
City if requested. All certificates and endorsements must be received and approved by the City
before work commences. The City reserves the right to require complete, certified copies of all
required insurance policies, at any time.
3.2.11 Safety.
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Professional Services Agreement
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January 28, 2002
Consultant shall execute and maintain its work so as to avoid injury or damage to
any person or property. In carrying out its Services, the Consultant shall at all times be in
compliance with all applicable local, state and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to the nature of the
work and the conditions under which the work is to be performed. Safety precautions as
applicable shall include, but shall not be limited to: (1) adequate life protection and life saving
equipment and procedures; (2) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (3) adequate facilities for the proper inspection and maintenance of all safety •
measures.
3.3 Fees and Payments.
3.3.1 Compensation.
Consultant shall receive compensation, including authorized reimbursements, for
all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto
and incorporated herein by reference. The total compensation shall not exceed $50,000 without
written approval of the Director of Development Services. Extra Work may be authorized, as
described below, and if authorized, will be compensated at the rates and manner set forth in this
Agreement.
3.3.2 Payment of Compensation.
Consultant shall submit to City a monthly itemized statement which indicates work
performed and hours of Services per project rendered by Consultant. City shall, within 30 days
of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses.
Consultant shall not be reimbursed for any expenses unless authorized by the
City.
3.3.4 Extra Work.
At any time during the term of this Agreement, City may request that Consultant
perform Extra Work. As used herein, "Extra Work" means any work which is determined by City
to be necessary for the proper completion of the Project, but which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall
not perform, nor be compensated for, Extra Work without written authorization from City's
Representative.
3.4 Accounting Records.
Hogle- Ireland Contract 7
•
Professional Services Agreement
City of Seal Beach and Hogle - Ireland, Inc.
January 28, 2002
3.4.1 Maintenance and Inspection.
Consultant shall maintain complete and accurate records with respect to all costs
and expenses incurred under this Agreement. All such records shall be clearly identifiable.
Consultant shall allow a representative of City during normal business hours to examine, audit,
and make transcripts or copies of such records and any other documents created pursuant to
this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination.
City may, by written notice to Consultant, terminate the whole or any part of
this Agreement at any time and without cause by giving written notice to Consultant of such
termination, and specifying the effective date thereof, at least seven (7) days before the effective
date of such termination. Upon termination, Consultant shall be compensated only for those
services which have been adequately rendered to City, and Consultant shall be entitled to no
further compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination.
If this Agreement is terminated as provided herein, City may require
Consultant to provide all finished or unfinished Documents and Data and other information of
any kind prepared by Consultant in connection with the performance of Services under this
Agreement. Consultant shall be required to provide such document and other information within
fifteen (15) days of the request.
3.5.1.3 Additional Services.
In the event this Agreement is terminated in whole or in part as provided
herein, City may procure, upon such terms and in such manner as it may determine appropriate,
services similar to those terminated.
3.5.2 Delivery of Notices.
All notices permitted or required under this Agreement shall be given to the
respective parties at the following address, or at such other address as the respective parties
may provide in writing for this purpose:
CONSULTANT:
Hogle- Ireland, Inc.
42 Corporate Park, Suite 250
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Hogle- Ireland Contract
Professional Services Agreement
City of Seal Beach and Hogle- Ireland, Inc.
January 28, 2002
Irvine, CA 92606
Attn: Larry K. Hogle
CITY:
City of Seal Beach
Development Services Department
211 Eighth Street
Seal Beach, CA 90740
Attn: Lee Whittenberg
Such notice shall be deemed made when personally delivered or when mailed, forty -eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party
at its applicable address. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property.
This Agreement creates a non - exclusive and perpetual license for City to
copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual
property embodied in plans, specifications, studies, drawings, estimates, and other documents
or works of authorship fixed in any tangible medium of expression, including but not limited to,
physical drawings or data magnetically or otherwise recorded on computer diskettes, which are
prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data ").
Consultant shall require all subcontractors to agree in writing that City is granted a
non - exclusive and perpetual license for any Documents & Data the subcontractor prepares
under this Agreement. Consultant represents and warrants that Consultant has the legal right to
license any and all Documents & Data. Consultant makes no such representation and warranty
in regard to Documents & Data which were prepared by design professionals other than
Consultant or provided to Consultant by the City. City shall not be limited in any way in its use
of the Documents and Data at any time, provided that any such use not within the purposes
intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality.
All ideas, memoranda, specifications, plans, procedures, drawings,
descriptions, computer program data, input record data, written information, and other
Documents and Data either created by or provided to Consultant in connection with the
performance of this Agreement shall be held confidential by Consultant. Such materials shall
not, without the prior written consent of City, be used by Consultant for any purposes other than
the performance of the Services. Nor shall such materials be disclosed to any person or entity
not connected with the performance of the Services or the Project. Nothing furnished to
Consultant which is otherwise known to Consultant or is generally known, or has become
known, to the related industry shall be deemed confidential. Consultant shall not use City's
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Professional Services Agreement
City of Seal Beach and Hogle - Ireland, Inc.
January 28, 2002
name or insignia, photographs of the Project, or any publicity pertaining to the Services or the
Project in any magazine, trade paper, newspaper, television or radio production or other similar
medium without the prior written consent of City.
3.5.4 Cooperation: Further Acts.
The Parties shall fully cooperate with one another, and shall take any additional
acts or sign any additional documents as may be necessary, appropriate or convenient to attain
the purposes of this Agreement.
3.5.5 Attorney's Fees.
If either party commences an action against the other party, either legal,
administrative or otherwise, arising out of or in connection with this Agreement, the prevailing
party in such litigation shall be entitled to have and recover from the losing party reasonable
attorney's fees and all other costs of such action.
3.5.6 Indemnification.
Consultant shall defend, indemnify and hold the City, its officials, officers,
employees, volunteers and agents free and harmless from any and all claims, demands, causes
of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or
persons, including wrongful death, in any manner arising out of or incident to any acts,
omissions or willful misconduct of Consultant, its officials, officers, employees, agents,
consultants and contractors arising out of or in connection with the performance of the Services,
the Project or this Agreement, including without limitation the payment of all consequential
damages and attorneys fees and other related costs and expenses. Consultant shall defend, at
Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal
proceedings of every kind that may be brought or instituted against City, its directors, officials
officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against City or its directors, officials, officers, employees,
agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall
reimburse City and its directors, officials, officers, employees, agents and /or volunteers, for any
and all legal expenses and costs incurred by each of them in connection therewith or in
enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be
restricted to insurance proceeds, if any, received by the City, its directors, officials officers,
employees, agents or volunteers. •
3.5.7 Entire Agreement.
This Agreement contains the entire Agreement of the parties with respect to the
subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
This Agreement may only be modified by a writing signed by both parties.
3.5.8 Governing Law.
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Professional Services Agreement
City of Seal Beach and Hogle- Ireland, Inc.
January 28, 2002
This Agreement shall be governed by the laws of the State of California.
3.5.9 Time of Essence.
Time is of the essence for each and every provision of this Agreement.
3.5.10 City's Right to Employ Other Consultants.
City reserves right to employ other consultants in connection with this Project.
3.5.11 Successors and Assigns.
This Agreement shall be binding on the successors and assigns of the parties, and
shall not be assigned by Consultant without the prior written consent of City.
3.5.12 Assignment or Transfer.
Consultant shall not assign, hypothecate, or transfer, either directly or by operation
of law, this Agreement or any interest herein without the prior written consent of the City. Any
attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall
acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions.
Since the Parties or their agents have participated fully in the preparation of this
Agreement, the language of this Agreement shall be construed simply, according to its fair
meaning, and not strictly for or against any Party. Any term referencing time, days or period for
performance shall be deemed calendar days and not work days. All references to Consultant
include all personnel, employees, agents, and subcontractors of Consultant, except as
otherwise specified in this Agreement. All references to City include its elected officials, officers,
employees, agents, and volunteers except as otherwise specified in this Agreement. The
captions of the various articles and paragraphs are for convenience and ease of reference only,
and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification.
No supplement, modification, or amendment of this Agreement shall be binding
unless executed in writing and signed by both Parties.
3.5.15 Waiver.
No waiver of any default shall constitute a waiver of any other default or breach,
whether of the same or other covenant or condition. No waiver, benefit, privilege, or service
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January 28, 2002
voluntarily given or performed by a Party shall give the other Party any contractual rights by
custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries.
There are no intended third party beneficiaries of any right or obligation assumed
by the Parties.
3.5.17 Invalidity; Severability.
If any portion of this Agreement is declared invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full
force and effect.
3.5.18 Prohibited Interests.
Consultant maintains and warrants that it has not employed nor retained any
company or person, other than a bona fide employee working solely for Consultant, to solicit or
secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to
pay any company or person, other than a bona fide employee working solely for Consultant, any
fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or
resulting from the award or making of this Agreement. For breach or violation of this warranty,
City shall have the right to rescind this Agreement without liability. For the term of this
Agreement, no member, officer or employee of City, during the term of his or her service with
City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
3.5.19 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. Such non - discrimination shall
include, but not be limited to, all activities related to initial employment, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also
comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative
Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification.
By its signature hereunder, Consultant certifies that it is aware of the provisions of
Section 3700 of the California Labor Code which require every employer to be insured against
liability for Worker's Compensation or to undertake self - insurance in accordance with the
provisions of that Code, and agrees to comply with such provisions before commencing the
performance of the Services.
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Hogle - Ireland Contract
Professional Services Agreement
City of Seal Beach and Hog ►e - Ireland, Inc.
January 28, 2002
3.5.21 Authority to Enter Agreement.
Consultant has all requisite power and authority to conduct its business and to
execute, deliver, and perform the Agreement. Each Party warrants that the individuals who
have signed this Agreement have the legal power, right, and authority to make this Agreement
and bind each respective Party.
3.5.22 Counterparts.
This Agreement may be signed in counterparts, each of which shall constitute an
original.
3.6 Subcontracting.
Consultant shall not subcontract any portion of the work required by this Agreement,
except as expressly stated herein, without prior written approval of City. Subcontracts, if any,
shall contain a provision making them subject to all provisions stipulated in this Agreement.
* * * *
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Hogle- Ireland Contract
Professional Services Agreement
City of Seal Beach and Hogle - Ireland, Inc.
January 28, 2002
CITY OF SEAL BEACH HOGLE- IRELAND, INC.
By: By: � „4
John B. B. o i, City Manager rry K. Hdgle 7
President
Attest: BY
Paul . Ireland
Vice 'resident
By:
:Joanne Yeo, City Clete
V
Approved as to Form:
By: CP----7)1
Quinn Barrow, City Attorney
* * * *
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• • Professional Services Agreement
f City of Seal Beach and Hogle - Inland, Inc.
January 28, 2002
EXHIBIT "A"
SCOPE OF SERVICES
Hogle- Ireland, Inc. proposes to provide the City of Seal Beach contract planning /project
management services. Services will be provided under the direction of Lee Whittenberg,
Director Development Services. In this role, Hogle - Ireland, will be assigned specific projects that
are to be or have been submitted to the City for entitlement processing and will manage the
project on behalf of the City performing planning /project management services similar to that
which would typically be provided by City staff.
Typical services will include the following:
• Overall project management
• Coordination of environmental consultant work and schedule
• Functioning as the City contact with the applicant in matters relating to the specific project
• Performing staff analysis of reports, plans and other project related submittals
• Preparation of staff reports for consideration by EQCB, Planning Commission and City
Council
• Presentations during public hearing processes
The following projects will be assigned to Hogle- Ireland:
1. Rossmoor Shopping Center — this project consists - of the demolition of
approximately 135,000 square feet of existing buildings and construction of
approximately 125,000 square feet of new retail uses. The project requires a
height variation to allow increased height and a Mitigated Negative Declaration
which will be prepared by an environmental consulting firm.
2. Boeing Space and Communications Campus — this project encompasses the
entire Boeing project area of approximately 131 acres. Boeing will have a Specific
Plan prepared that addresses existing and proposed uses. The project will require
approval of a General Plan Amendment, a Specific Plan, certification of an EIR,
and Coastal Commission approval.
Additional projects may be assigned by the City.
A Project Manager or higher level position will be assigned by Hogle- Ireland to the City projects.
If necessary, lower level positions such as Associate or Assistant Project managers may be
assigned to assist the Project Manager assigned the project responsibility.
* * * *
15
Hogle- Ireland Contract
i
• •rofessiona! Services Agreement
City of Seal Beach and Hogle- Ireland, Inc.
January 28, 2002
EXHIBIT "B"
HOURLY RATES
SCHEDULE OF HOURLY RATES
HOGLE - IRELAND, INC.
HOURLY RATES
Effective March 1, 2001
CLASSIFICATION RATE
Partner $142.00
Principal 115.00
Senior Designer 105.00
Senior Project Manager 100.00
Project Manager 92.00
Senior Associate Project Manager 85.00
Associate Project Manager 80.00
Assistant Project Manager 65.00
Graphics Designer 65.00
Project Technician /Permit Technician 48.00
Word Processing 38.00
All hourly rates include normal overhead and travel expenses. Reimbursable expenses,
Including blueprints, etc., will be billed at cost plus 10 %.
Hogle- Ireland, Inc. considers hourly rate adjustments on an annual basis and this Schedule of Hourly
Rates was effective starting March 1, 2001. If Hogle- Ireland, Inc. adjusts hourly rates during 2002, those
adjusted hourly rates shall be utilized in lieu of the rates shown on this Exhibit and copies shall be
provided the City of Seal Beach.
Telephone and fax expenses and travel within Orange County are included in the hourly rates.
* * * *
16
Hogle - Ireland Contract
• •
Professional Services Agreement with Hogle- Ireland, Inc.
(Boeing and Rossmoor Center Project Management Services)
City Council Staff Report
January 28, 2002
ATTACHMENT 2
HOGLE- IRELAND, INC.
QUALIFICATIONS INFORMATION
•
2002 Hogle- Ireland Contract.CC SR 5