CC - Item No. 6H - Assignment of Rosemead General Plan Amendment and Zoning Update to Hogle-Ireland, IncROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: SEPTEMBER 22, 2009
SUBJECT: ASSIGNMENT OF ROSEMEAD GENERAL PLAN AMENDMENT AND
ZONING UPDATE CONTRACT TO HOGLE-IRELAND, INC.
SUMMARY
On April 14, 2009, the City Council appointed a sub-committee consisting of Mayor
Margaret Clark, Council Member Polly Low, and staff to discuss the future of mixed-use
development projects in the City of Rosemead. The sub-committee was specifically
tasked with analyzing the current 2008 General Plan and making a recommendation to the
full City Council as to whether the Land Use Element should be amended. The sub-
committee has proposed to reduce the amount of mixed-use development in the City. An
amendment to the General Plan Land Use Element, as well as a comprehensive zoning
map update and a municipal code amendment to establish mixed-use development
standards will be required to implement the recommended land use changes.
Staff Recommendation
Staff recommends that the City Council take the following action:
1) Authorize the City Manager to execute the contract assignment to Hogle-Ireland in
the amount of $69,993.00.
2) Establish an amount of 10% of the contract amount ($6,993.00), as a contingency,
to cover the potential cost of unforeseen environmental review conditions.
ANALYSIS
Hogle-Ireland is a well established, highly respected planning consultant firm in Southern
California. The City of Rosemead was previously under contract with Hogle-Ireland to
complete the 2008 comprehensive update of the City's General Plan. Given the firm's
familiarity with the existing General Plan, it would be advantageous for the City to enter
into a new contract with Hogle-Ireland to complete the proposed General Plan amendment
and associated Zoning Code updates.
Staff consulted with Hogle-Ireland for technical analysis during the sub-committee's review
of the current General Plan. Their analysis of several land use scenarios guided the
APPROVED FOR CITY COUNCIL AGENDA:
City Council Report
September 22, 2009
Page 2 of 2
determination of an appropriate framework for mixed-use development in the City.
In order to maintain continuity and timeliness for the project, it is recommended that the
City Council assign the contract to Hogle-Ireland.
FINANCIAL REVIEW
Staff has received a proposal from Hogle-Ireland to identify General Plan and Zoning text,
map, and graphic changes, as well as to conduct technical environmental analysis
required to implement the Council's direction. The proposed fee for this service is
expected not to exceed $76,992.00 (including contingencies).
Funds were budgeted in the annual Fiscal Year 2009-2010 Budget. It is proposed that the
cost of this project be equally split between the General Fund ($38,496.00) and
Community Development Commission ($38,496.00).
PUBLIC NOTICE PROCESS
This item was noticed through the normal public agenda posting process.
Prepared by:
Sheri Bermejo
Principal Planner
Submitte
Bri S ki
Community Development Director
Attachment A: Professional Service Agreement with Hogle-Ireland, Inc.
CITY OF ROSEMEAD
PROFESSIONAL SERVICES AGREEMENT
PARTIES AND DATE.
This Agreement is made and entered into this 22nd day of September, 2009 by and
between the City of Rosemead, a municipal organization organized under the laws of the
State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead,
California 91770 ("City") and Hogle-Ireland, a corporation, with its principal place of
business at 201 South Lake Avenue, Suite 308, Pasadena, CA 91101 ("Consultant'). City
and Consultant are sometimes individually referred to herein as "Party" and collectively as
"Parties."
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 professional planning
consulting services to public clients, is licensed in the State of California, and is familiar
with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the 2009 General Plan
Amendment and Zoning Code and Map Update for Mixed-Use Development Land Use
Changes project ("Project') 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 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. The term of this Agreement shall be from September 22, 2009
to May 31, 2010, unless earlier terminated as provided he Consultant shall complete
the Services within the term of this Agreement, and shall meet any other established
schedules and deadlines.
ATTACHMENT A
Hogle-Ireland, Inc
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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 the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to
perform the Services in conformance with such conditions. In order to facilitate
Consultant's conformance with the Schedule, City shall respond to Consultant's submittals
in a timely manner. Upon request of City, Consultant shall provide a more detailed
schedule of anticipated performance to meet the Schedule of Services.
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. The key personnel for performance of
this Agreement are as follows: Lisa Brownfield (Project Manager), William Phillips (Urban
Designer), Jose Rodriguez (Associate Project Manager), and Randy Nichols (Director of
Environmental Planning.)
3.2.5 City's Representative. The City hereby designates Principal Planner,
or his or her designee, to act as its representative for the performance of this Agreement
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("City's Representative"). City's Representative shall have the power to act on behalf of the
City for all purposes under this Contract. Consultant 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 Lisa
Brownfield, or her 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/her 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; Performance of Employees. 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, including a City Business License, and
that such licenses and approvals shall be maintained throughout the term of this
Agreement. As provided for in the indemnification provisions of this Agreement,
Consultant shall perform, at its own cost and expense and without reimbursement from the
City, any services necessary to correct errors or omissions which are caused by the
Consultant's failure to comply with the standard of care provided for herein. Any employee
of the Consultant or its sub-consultants 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 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
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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. Architect shall maintain priorto the
beginning of and for the direction of this Agreement insurance coverage as specified in
Exhibit D attached to and part of this agreement.
3.2.11 Safety. Contractor shall execute and maintain its work so as to
avoid injury or damage to any person or property. In carrying out its Services, the
Contractor 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:
(A) adequate life protection and life saving equipment and procedures; (B) 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 (C)
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 underthis Agreement at the rates set
forth in Exhibit C attached hereto and incorporated herein by reference. The total
compensation shall not exceed sixty-nine thousand, nine hundred ninety-three dollars
($69,993.00) without advance written approval of the City Council. 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 completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods,
as appropriate, through the date of the statement. City shall, within 45 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 in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
1
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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.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code
of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on "public
works" and "maintenance" projects. If the Services are being performed as part of an
applicable "public works" or "maintenance" project, as defined by the Prevailing Wage
Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply
with such Prevailing Wage Laws. City shall provide Consultant with a copy of the
prevailing rates of per diem wages in effect at the commencement of this Agreement.
Consultant shall make copies of the prevailing rates of per diem wages for each craft,
classification or type of worker needed to execute the Services available to interested
parties upon request, and shall post copies at the Consultant's principal place of business
and at the project site. Consultant shall defend, indemnify and hold the City, its elected
officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
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. 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.
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.
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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
2860 Michelle Drive, Suite 100
Irvine, CA 92606
Attn: Lisa Brownfield, Project Manager
CITY:
City of Rosemead
P.O. Box 399
Rosemead, CA 91770
Attn: Sheri Bermejo, Planning Division
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 underthis 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
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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 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 negligent 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
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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. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
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.
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 ortheir 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 voluntarily given or performed by a Party shall give the other Party any
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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 solicitor 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. Consultant further agrees to file, or shall cause its employees or
subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as
required understate law in the performance of the Services. 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.
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.
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3.6 Subcontracting.
3.6.1 Prior Approval Required. 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.
[signatures on next page]
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CITY OF ROSEMEAD
By:
Mayor
Attest:
Gloria Molleda
City Clerk
Approved as to Form:
Garcia Calderon Ruiz, LLP
City Attorney
02/08
Documentl
HOGLE-IRELAND, INC
By:
Name:
Title:
[If Corporation, TWO SIGNATURES, President
OR Vice President AND Secretary, AND
CORPORATE SEAL OF CONTRACTOR
REQUIRED]
Name:
Title:
EXHIBIT A
SCOPE AND SCHEDULE OF SERVICES WITH COMPENSATION DETAILS
Task 1: General Plan Text and General Plan Map Revision
Based on the direction given by the City of Rosemead City Council, Hogle-Ireland, Inc. will review the 2008
City of Rosemead General Plan to identify text, maps, and graphic changes and conduct technical analyses
required to implement the City Council's direction. It is anticipated that the City Council's direction will be
limited to land use designation changes along the corridors and for hotel/motel uses. The 2008 General Plan
text will be modified through the "track changes" mode, thereby allowing readers to see proposed revisions to
the General Plan. It is anticipated that the following analyses will be conducted as part of this task:
• Modifying the land use map to indicate the preferred land use designations;
• Revising the "build out" calculations to reflect the land use designation and/or building intensity
changes. The revised calculations include land use acreages, housing unit estimate, and population
estimate; and
• Modifying the land use assumption within the traffic model, re-running the traffic analysis, preparing a
new traffic memorandum to determine street classifications and other changes required as a result of
the land use designation changes.
Assumptions:
Please note the following assumptions:
• Each product listed below will be revised once in response to City comments.
• This task does not include modifications or revisions to the Housing Element, as this element is
currently being prepared by the City.
Products:
• Traffic Analysis Memorandum (1 electronic copy)
• "Mark Up" General Plan document, marked through track changes mode (1 electronic copy)
• Revised Land Use Map (1 electronic copy, 1 wall size map [approximately 24x36 inches])
Task Duration: 8 weeks from notice to proceed
Estimated Cost: $8,640.00
Task 2: Draft Mixed - Use Development Standards and Guidelines
The City of Rosemead has prepared draft mixed-use development standards that require modifications.' Mr.
William Phillips has preliminarily reviewed the development standards for an earlier development capacity
analysis. Mr. Phillips or Ms. Lisa Brownfield will work with the City to finalize the mixed-use development
standards. The breadth and depth of the consultation that will be required is not yet determined. As such, this
task assumes up to 8 hours of consultation. Mr. Phillip or Ms. Brownfield's labor will be invoiced on a time-
material basis.
Task Duration: As needed
Estimated Cost: $1,160.00
Task 3: Zoning Code Map Revision
The City of Rosemead zoning map will require amendment to conform to the new General Plan designations.
This proposal proposes to work with the City to determine appropriate zoning designations for the land use
designations to map the new designations. The City will review the existing zoning map that Hogle-Ireland,
Inc. has on electronic file to determine any parcels that do not reflect the City's current zoning designation.
The City will provide the correct zoning designation information for any such parcels. After the zoning map
A-1
has been updated to reflect current zoning, the zoning map will then be compared with the proposed General
Plan designations. Where the existing zoning does not reflect the proposed General Plan designation, the
zoning map will be updated to reflect the new General Plan designation.
Assumption:
• The City will provide all the updated zoning information in one transmittal.
• Hogle-Ireland, Inc. will provide a draft zoning map for the City to review. The draft zoning map will be
revised once in accordance with City comment.
Products:
• "Existing" Zoning Map (1 hard copy)
• Preliminary Draft Zoning Code Map (1 hard copy)
• Draft Zoning Code Map (1 hard copy and 1 electronic copy)
Task Duration: 1.5 weeks
Estimated Cost: $5,960.00
Task 4: Environmental Review
An environmental impact report was prepared and certified as part of the 2008 General Plan adoption. At this
time, Hogle-Ireland, Inc. proposes to prepare an Addendum EIR based on the 2008 General Plan EIR. It is
anticipated that the environmental impacts associated with the proposed General Plan amendment would be
less than those anticipated with the 2008 General Plan, an Addendum EIR is appropriate. It is also assumed
that the municipal code revisions would be considered implementation of the 2008 General Plan. An
Addendum EIR is not required to have public review; it is assumed that a formal public review process will not
be conducted.
It should be noted that a majority of the traffic counts used in the most recent version of the Circulation
Element traffic impact analysis were conducted in February of 2007. Counts at two locations were conducted
in 2005 and 2006. The industry standard. maximum age for traffic counts in two years.
Counts could be factored up to year-2009 conditions to define a new base for the existing conditions scenario,
but such a process could create an environmental analysis that is not defensible under public review. A very
limited update, included below as primary tasks under this Addendum, would proceed as follows:
• Selected counts along each major roadway corridor within the study area would be
conducted, at 10 study intersections and nine roadway segments;
• The year-2005 and year-2006 count sources would be updated with new intersection
counts;
• Average corridor-based volume increases would be defined between the earlier 2007
counts and the new counts; and
• A factoring scheme would be developed for all older study intersections and roadway
segment counts and the overall existing conditions analysis will be updated.
Assumptions:
• Additional noise and air quality studies are not necessary for this environmental review process.
• The traffic study memorandum will contain information to be used in this environmental review
process. The traffic count data will be modified as discussed above. If additional counts are desired,
the count can be provided for an estimated $8,910.00
• The Amended EIR will be revised once in response to City comment.
• City of Rosemead will submit environmental documents to State of California for review and
distribution as necessary.
• City of Rosemead will submit and pay for all environmental and other governmental processing fees
to the County of Los Angeles County Clerk office.
Products:
• Preliminary Addendum EIR (1 electronic copy)
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• Draft Addendum EIR (1 electronic copy)
Task Duration: Addendum will be submitted to the City three weeks from the receipt of the traffic analysis
memorandum
Estimated Cost: $31,170.00, $40,080.00 with the additional counts
Task 5: Final Documents
Upon certification of the environmental review document and upon adoption of the General Plan Amendment,
the final documents will be prepared and submitted to the City for review. Upon City approval, the final
documents will be printed and submitted to the City.
Products:
• "Preliminary Final General Plan Amendment including Land Use Map
• Preliminary final environmental review document.
• Final General Plan Amendment including Land Use Map (25 copies, 1 electronic copy)
• Preliminary final environmental review document (25 copies, 1 electronic copy)
• Final Zoning Code Map
Task Duration: 2 weeks from City Council action
Estimated Cost: $4,540.00
Task 6: Meetings, Public Hearings, Project Management
A Hogle-Ireland, Inc. representative will attend staff meetings, study sessions, and/or public hearings for the
General Plan Amendment project. It is anticipated that the following meetings will be attended:
• One Joint Planning Commission/City Council Study Session (Summer 2009)
• One Planning Commission Public Hearing
• One City Council Public Hearing
• Up to five technical review or project management coordination meetings with City staff
It is assumed that City staff will prepare all reports, hearing notices, ordinances and resolutions, and
presentations. Hogle-Ireland, Inc. will be available to review and comment upon all City prepared documents
and presentations, as necessary. Hogle-Ireland, Inc. representatives will be prepared to provide technical
assistance to City staff at all public meetings.
On another note, all General Plan amendments require compliance with SB18. The City is responsible
compliance with SB18. Hogle-Ireland, Inc. will provide a written guide for City staff to follow. Please be aware
that complying with SB18 will take a number of weeks. Hogle-Ireland, Inc. encourages the City to initiate
contact with State agencies as soon as possible.
Assumptions:
• City of Rosemead is responsible for SB18 compliance.
• City staff will prepare all presentations, staff reports, hearing notices, ordinances and/or resolutions.
Task Duration: As needed
Estimated Cost: $9.613.00
Reimbursable: $2,200.00 (including but not limited to final documents, mileage, other direct costs)
Total Estimated Cost: $61,083; $69,993.00 with traffic counts
Total Estimated Project Duration: 6 months
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EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet the requirements set forth here, Consultant agrees to amend, supplement or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage and
policy limits set forth in this section constitute the minimum amount of coverage required.
Any insurance proceeds available to City in excess of the limits and coverage required in
this agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
[Note: verify minimum limit for each coverage with Risk Manager]
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol
1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less
that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be
satisfied by a non-owned auto endorsement to the general liability policy described above.
If Consultant or Consultant's employees will use personal autos in any way on this project,
Consultant shall provide evidence of personal auto liability coverage for each such person.
[Note: may need to delete workers' compensation and employer's liability insurance
requirements for certain sole proprietorships, partnerships, or corporations without
employees]
Workers Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
[Note: If the required limits for general liability, auto and employer's liability are $1
million or less, the following paragraph may be omitted.]
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements,
shall provide coverage at least as broad as specified for the underlying coverages. Any
such coverage provided under an umbrella liability policy shall include a drop down
provision providing primary coverage above a maximum $25,000 self-insured retention for
liability not covered by primary but covered by the umbrella. Coverage shall be provided on
a "pay on behalf"basis, with defense costs payable in addition to policy limits. Policy shall
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contain a provision obligating insurer at the time insured's liability is determined, not
requiring actual payment by the insured first. There shall be no cross liability exclusion
precluding coverage for claims or suits by one insured against another. Coverage shall be
applicable to City for injury to employees of Consultant, subconsultants or others involved
in the Work. The scope of coverage provided is subject to approval of City following receipt
of proof of insurance as required herein. Limits are subject to review but in no event less
than $ per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on
a policy form coverage specifically designed to protect against acts, errors or omissions of
the consultant and "Covered Professional Services" as designated in the policy must
specifically include work performed under this agreement. The policy limit shall be no less
than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the
insured and must include a provision establishing the insurer's duty to defend. The policy
retroactive date shall be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with an A. M. Bests rating of A- orbetter and
a minimum financial size Vll.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors, and
subcontractors to do likewise.
No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the right
of subrogation prior to a loss. Consultant agrees to waive subrogation rights
against City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
All insurance coverage and limits provided by Contractor and available or
applicable to this agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
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6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Consultant shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect City's protection without City's
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant's general liability policy, shall be delivered to City at
or prior to the execution of this Agreement. In the event such proof of any
insurance is not delivered as required, or in the event such insurance is canceled
at any time and no replacement coverage is provided, City has the right, but not
the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other agreement and to pay the premium. Any premium so paid
by City shall be charged to and promptly paid by Consultant or deducted from
sums due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of
any cancellation of coverage. Consultant agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the
insurer to mail written notice of cancellation imposes no obligation, or that any
party will "endeavor" (as opposed to being required) to comply with the
requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, noncontributing basis in relation to any other insurance or
self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all
agreements with subcontractors and others engaged in the project will be
submitted to City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer or other
entity or person in any way involved in the performance of work on the project
contemplated by this agreement to self-insure its obligations to City. If
Consultant's existing coverage includes a deductible or self-insured retention,
the deductible or self-insured retention must be declared to the City. At that time
the City shall review options with the Consultant, which may include reduction or
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elimination of the deductible or selfinsured retention, substitution of other
coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change
the amounts and types of insurance required by giving the Consultant ninety (90)
days advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of City to inform Consultant of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to
this agreement. This obligation applies whether or not the agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
City within five days of the expiration of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the
obligations of Consultant under this agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
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19. These insurance requirements are intended to be separate and distinct from any
other provision in this agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts with or
impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge City or
Consultant for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums
or other amounts with respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this agreement. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
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