HomeMy WebLinkAboutAGR-7256 - PLACEWORKS INC - PROFESSIONAL SERVICES TRANSFER OF DEVELOPMENT RIGHTS ORDINANCEcR-2
PROFESSIONAL SERVICES AGREEMENT
Transfer of Development Rights Ordinance]
THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made at
Orange, California, on this 5 day of e;M, 2021 (the "Effective Date") by and
between the CITY OF ORANGE, a municipal corporation("City"), and PLACEWORKS, INC, a
California corporation("Contractor"), who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement,
Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit"A,"
which is attached hereto and incorporated herein by reference. As a material inducement to City
to enter into this Agreement,Contractor represents and warrants that it has thoroughly investigated
and considered the scope of services and fully understands the difficulties and restrictions in
performing the work. The services which are the subject of this Agreement are not in the usual
course of City's business and City relies on Contractor's representation that it is independently
engaged in the business of providing such services and is experienced in performing the work.
Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner
in conformance with the standards of quality normally observed by an entity providing such
services to a municipal agency. All services provided shall conform to all federal, state and local
laws, rules and regulations and to the best professional standards and practices. The terms and
conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A"
to the contrary.
Anna Pehoushek, Assistant Community Development Director ("City's Project
Manager"), shall be the person to whom Contractor will report for the performance of services
hereunder. It is understood that Contractor's performance hereunder shall be under the supervision
of City's Project Manager (or his/her designee), that Contractor shall coordinate its services
hereunder with City's Project Manager to tfie extent reyuired by City's Project Manager, and that
all performances required hereunder by Contractor shall be performed to the satisfaction of City's
Project Manager and the City Manager.
2. Comqensation and Fees.
a. Contractor's total compensation for all services performed under this
Agreement,shall not exceed TWENTY-FOUR THOUSAND SEVEN HUNDRED FORTY-NINE
DOLLARS and 00/100 ($24,749.00)without the prior written authorization of City.
b. The above compensation shall include all costs, including, but not limited
to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental,
subsistence and all related expenses.
3. Pavment.
a. As scheduled services are completed, Contractor shall submit to City an
invoice for the services completed, authorized expenses and authorized extra work actually
performed or incurred.
b. All such invoices shall state the basis for the amount invoiced, including
services completed,the number of hours spent and any extra work performed.
c. City will pay Contractor the amount invoiced within thirty (30) days after
the approval of the invoice.
d. Payment shall constitute payment in full for all services, authorized costs
and authorized extra work covered by that invoice.
4. Chan e Orders. No payment for extra services caused by a change in the scope
or complexity of work, or for any other reason, shall be made unless and until such extra services
and a price therefor have been previously authorized in writing and approved by City as an
amendment to this Agreement. City's Project Manager is authorized to approve a reduction in the
services to be performed and compensation therefor. All amendments shall set forth the changes
of work, extension of time,and/or adjustment of the compensation to be paid by City to Contractor
and shall be signed by the City's Project Manager, City Manager or City Council, as applicable.
5. Licenses: Contractor represents that it and any subcontractors it may engage,
possess any and all licenses which are required under state or federal law to perform the work
cantemplated by this Agreement and that Contractor and its subcontractors shall maintain all
appropriate licenses, including a City of Orange business license, at its cost, during the
performance of this Agreement.
6. Independent Contractor. At all times during the term of this Agreement,
Contractor shall be an independent contractor and not an employee of City. City shall have the
right to control Contractor only insofar as the result of Contractor's services rendered pursuant to
this Agreement. City shall not have the right to control the means by which Contractor
accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and
expense, furnish all facilities, materials and equipment which may be required for furnishing
services pursuant to this Agreement. Contractor shall be solely responsible for, and shall
indemnify, defend and save City harmless from all matters relating to the payment of its
subcontractors, agents and employees, including compliance with social security withholding and
all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
Contractor acknowledges that it and any subcontractors, agents or employees employed by
Contractor shall not,under any circumstances,be considered employees of City,and that they shall
not be entitled to any of the benefits or rights afforded employees of City,including,but not limited
to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or
health, life, dental, long-term disability or workers'compensation insurance benefits.
7. Contractor 1 Tot Agent. Except as City may specify in writing, Contractor shall
have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, to bind City to any obligation
whatsoever.
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8. Desi nated Persons. Only those qualified persons authorized by City's Project
Manager, or as designated in Exhibit"A," shall perform work provided for under this Agreement.
It is understood by the parties that clerical and other nonprofessional work may be performed by
persons other than those designated.
9. Assi nment or Subcontracting. No assignment or subcontracting by Contractor
of any part of this Agreement or of funds to be received under this Agreement shall be of any force
or effect unless the assignment has the prior written approval of City. City.may terminate this
Agreement rather than accept any proposed assignment or subcontracting. Such assignment or
subcontracting may be approved by the City Manager or his/her designee.
10. Time of Comnletion. Except as otherwise specified,in Exhibit "A," Contractor
shall commence the work provided for in this Agreement within five(5)days of the Effective Date
of this Agreement and diligently prosecute completion of the work as set forth in Exhibit "A" or
as otherwise agreed to by and between the representatives of the parties.
11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall
do all things necessary and incidental to the prosecution of Contractor's work.
12. Reserved.
13. Delays and Extensions of Time. Contractor's sole remedy for delays outside its
control, other than those delays caused by City, shall be an extension of time. No matter what the
cause of the delay,Contractor must document any delay and request an extension of time in writing
at the time of the,delay to the satisfaction of City. Any extensions granted shall be limited to the
length of the delay outside Contractor's control. If Contractor believes that delays caused by City
will cause it to incur additional costs, it must specify, in writing, why the delay has caused
additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No
additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, above,
absent a written amendment to this Agreement.
14. Products of Contractor. The documents, studies, evaluations, assessments,
reports, plans, citations, materials, manuals, technical data, logs, files, designs and other products
produced or provided by Contractor for this Agreement shall become the property of City upon
receipt. Contractor shall deliver all such products to City prior to payment for same. City may
use, reuse or otherwise utilize such products without restriction.
15. Equal Emplovment Ounortunitv. During the performance of this Agreement,
Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for
employrnent because of race, color, religion, sex,national origin,mental or physical disability, or
any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed,
and that employees are treated during employment, without regard to their race, color, religion,
sex,national origin, mental or physical disability, or any other basis prohibited by applicable law.
Such actions shall include,but not be limited to the following: employment,upgrading,demotion
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or transfer,recruitment or recruitrnent advertising,layoff or termination,rates of pay or other forms
of compensation and selection for training, including apprenticeship. Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, a notice setting forth
provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees
placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, national origin, mental or physical
disability, or any other basis prohibited by applicable law.
c. Contractor shall cause the foregoing paragraphs(a)and(b)to be inserted in
all subcontracts for any work covered by this Agreement, provided that the foregoing provisions
shall not apply to subcontracts for standard commercial supplies or raw materials.
16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the
making, or in any way attempt to use its position as a consultant to influence any decision of City
in which Contractor knows or has reason to know that Contractor, its officers, partners, or
employees have a fmancial interest as defined in Section 87103 of the Government Code.
17. Indemnitv.
a. To the fullest extent permitted by law, Contractor agrees to indemnify,
defend and hold City, its City Council and each member thereof, and the officers, officials, agents
and employees of City(collectively the "Indemnitees") entirely harmless from all liability arising
out o£
1) Any and all claims under workers' compensation acts and other
employee benefit acts with respect to Contractor's employees or Contractor's subcontractor's
employees arising out of Contractor's work under this Agreement, including any and all claims
under any law pertaining to Contractor or its employees' status as an independent contractor and
any and all claims under Labor Code section 1720 related to the payment of prevailing wages for
public works projects; and
2) Any claim, loss, injury to or death of persons or damage to property
caused by any act, neglect, default, or omission other than a professional act or omission of
Contractor, or person, firm or corporation employed by Contractor, either directly or by
independent contract, including all damages due to loss or theft sustained by any person, firm or
corporation including the Indemnitees, or any of them, arising out of, or in any way connected
with the work or services which are the subject of this Agreement, including injury or damage
either on or off City's property; but not for any loss, injury, death or damage caused by the active
negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall
indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted
against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay
or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any
action, suit or other proceedings as a result of coverage under this subparagraph.
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b. To the fullest extent permitted by law, and as limited by California Civil
Code 2782.8, Contractor agrees to indemnify and hold Indemnitees harmless from all liability
arising out of any claim, loss, injury to or death of persons or damage to property to the extent
caused by its negligent professional act or omission in the performance of professional services
pursuant to this Agreement.
c. Except for the Indemnitees, the indemnifications provided in this
Agreement shall not be construed to extend any third party indemnification rights of any kind to
any person or entity which is not a signatory to this Agreement.
d. The indemnities set forth in this section shall survive any closing,
rescission, or termination of this Agreement, and shall continue to be binding and in full force and
effect in perpetuity with respect to Contractor and its successors.
18. Insurance.
a. Contractor shall carry workers' compensation insurance as required by law
for the protection of its employees during the progress of the work. Contractor understands that it
is an independent contractor and not entitled to any workers' compensation benefits under any
City program.
b. Contractor shall maintain during the life of this Agreement the following
minimum amount of comprehensive general liability insurance or commercial general liability
insurance: the greater of (1) One Million Dollars ($1,000,000) per occurrence; or (2) all the
insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover
bodily injury, death and property damage and be written on an occurrence basis.
c. Contractor shall maintain during the life of this Agreement, the following
minimum amount of automotive liability insurance: the greater of(1) a combined single limit of
One Million Dollars ($1,000,000); or (2) all the insurance coverage and/or limits carried by or
available to Contractor. Said insurance shall cover bodily injury, death and property damage for
all owned, non-owned and hired vehicles and be written on an occurrence basis.
d. Any insurance proceeds in excess of or broader than the minimum required
coverage and/or minimum required limits which are applicable to a given loss shall be available
to City. No representation is made that the minimum insurance requirements of this Agreement
are sufficient to cover the obligations of Contractor under this Agreement.
e. Each policy of general liability and automotive liability shall provide that
City, its officers, officials, agents, and employees are declared to be additional insureds under the
terms of the policy, but only with respect to the work performed by Contractor under this
Agreement. A policy endorsement to that effect shall be provided to City along with the certificate
of insurance. In lieu of an endorsement,City will accept a copy of the policy(ies)which evidences
that City is an additional insured as a contracting party. The minimum coverage required by
Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability
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insurance that is provided as part of the general or automobile liability minimums set forth herein
shall be maintained for the duration of the Agreement.
f.Contractor shall maintain during the life of this Agreement professional
liability insurance covering errors and omissions arising out of the performance of this Agreement
with a minimutn limit of One Million Dollars ($1,000,000)per claim. Contractor agrees to keep
such policy in force and effect for at least five (5) years from the date of completion of this
Agreement.
g. The insurance policies maintained by Contractor shall be primary insurance
and no insurance held or owned by City shall be called upon to cover any loss under the policy.
Contractor will determine its own needs in procurement of insurance to cover liabilities other than
as stated above.
h. Before Contractor performs any work or prepares or delivers any materials,
Contractor shall furnish certificates of insurance and endorsements, as required by City,
evidencing the aforementioned minimum insurance coverages on forms acceptable to City,which
shall provide that the insurance in force will not be canceled or allowed to lapse without at least
ten(10) days' prior written notice to City.
i.Except for professional liability insurance coverage that may be required by
this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to
conduct the pertinent line of insurance business in California and having a rating of Grade A or
better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of
professional liability insurance coverage, such coverage shall be issued by companies either
licensed or admitted to conduct business in California so long as such insurer possesses the
aforementioned Best rating.
j Contractor shall immediately notify City if any required insurance lapses or
is otherwise modified and cease performance of this Agreement unless otherwise directed by City.
In such a case, City may procure insurance or self-insure the risk and charge Contractor for such
costs and any and all damages resulting therefrom, by way of set-off from any sums owed
Contractor.
k. Contractor agrees that in the event of loss due to any of the perils for which
it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery.
Contractor hereby grants to City,on behalf of any insurer providing insurance to either Contractor
or City with respect to the services of Contractor herein,a waiver of any right to subrogation which
any such insurer may acquire against City by virtue of the payment of any loss under such
insurance.
1.Contractor shall include all subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements for each subcontractor to City for
review and approval. All coverages for subcontractors shall be subject to all of the requirements
stated herein.
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19. Termination. City may for any reason terminate this Agreement by giving
Contractor not less than five(5) days' written notice of intent to terminate. Upon receipt of such
notice, Contractor shall immediately cease work, unless the notice from City provides otherwise.
Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily
provided and all allowable reimbursements incurred to the date of termination in compliance with
this Agreement, unless termination by City shall be for cause, in which event City may withhold
any disputed compensation. City shall not be liable for any claim of lost profits.
20. Maintenance and Insnection of Records. In accordance with generally accepted
accounting principles, Contractor and its subcontractors shall maintain reasonably full and
complete books, documents, papers, accounting records, and otlier information (collectively, the
records")pertaining to the costs of and completion of services performed under this Agreement.
City and its authorized representatives shall have access to and the right to audit and reproduce
any of Contractor's records regarding the services provided under this Agreement. Contractor shall
maintain all such records for a period of at least three(3)years after termination or completion of
this Agreement. Contractor agrees to make available all such records for inspection or audit at its
offices during normal business hours and upon three(3)days' notice from City,and copies thereof
shall be furnished if requested.
21. Compliance with all Laws/Immigration Laws.
a. Contractor shall be knowledgeable of and comply with all local, state and
federal laws which may apply to the performance of this Agreement.
b. If the work provided for in this Agreement constitutes a"public works,"as
that term is defined in Section 1720 of the California Labor Code,for which prevailing wages must
be paid, to the extent Contractor's employees will perform any work that falls within any of the
classifications for which the Department of Labor Relations of the State of California promulgates
prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it,
shall pay not less than the specified prevailing rates of wages to all such workers. The general
prevailing wage determinations for crafts can be located on the website of the Department of
Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract,
Contractor must meet all State registration requirements and criteria,including project compliance
monitoring.
c. Contractor represents and warrants that it:
1) Has complied and shall at all times during the term of this
Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes,
and orders, including, without limitation, the Immigration Reform and Control Act of 1986
IlZCA); and
2) Has not and will not knowingly employ any individual to perform
services under this Agreement who is ineligible to work in the United States or under the terms of
this Agreement; and
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3) Has properly maintained, and shall at all times during the term of
this Agreement properly maintain, all related employment documentation records including,
without limitation, the completion and maintenance of the Form I-9 for each of Contractor's
employees; and
4) Has responded, and shall at all times during the term of this
Agreement respond, in a timely fashion to any government inspection requests relating to
immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the
Department of Homeland Security, the Department of Labor, or the Social Security
Administration.
d. Contractor shall require all subcontractors or subconsultants, to make the
same representations and warranties as set forth in Subsection 21.c.
e. Contractor shall, upon request of City, provide a list of all employees
working under this Agreement and shall provide,to the reasonable satisfaction of City,verification
that all such employees are eligible to work in the United States. All costs associated with such
verification shall be borne by Contractor. Once such request has been made, Contractor may not
change employees working under this Agreement without written notice to City, accompanied by
the verification required herein for such employees.
f.Contractor shall require all subcontractors or sub-consultants to make the
same verification as set forth in Subsection 21.e.
g. If Contractor or subcontractor knowingly employs an employee providing
work under this Agreement who is not authorized to work in the United States, and/or fails to
follow federal laws to determine the status of such employee,that shall constitute a material breach
of this Agreement and may be cause for immediate termination of this Agreement by City.
h. Contractor agrees to indemnify and hold City, its officers, officials, agents
and employees harmless for, of and from any loss, including but not limited to fines,penalties and
corrective measures City may sustain by reason of Contractor's failure to comply with said laws,
rules and regulations in connection with the performance of this Agreement.
22. Governin Law and Venue. This Agreement shall be construed in accordance
with and governed by the laws of the State of California and Contractor agrees to submit to the
jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in
Orange County, California.
23. Intesration. This Agreement constitutes the entire agreement of the parties. No
other agreement,oral or written,pertaining to the work to be performed under this Agreement shall
be of any force or effect unless it is in writing and signed by both parties. Any work performed
which is inconsistent with or in violation of the provisions of this Agreement shall not be
compensated.
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24. Notice. Except as otherwise provided herein, all notices required under this
Agreement shall be in writing and delivered personally, by e-mail, or by first class U.S. mail,
postage prepaid, to each party at the address listed below. Either party may change the notice
address by notifying the other party in writing. Notices shall be deemed received upon receipt of
same or within three(3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-
mail shall be deemed received on the date of the e-mail transmission.
CONTRACTOR" CITY"
Placeworks, Inc. City of Orange
3 MacArthur Place, Suite 1100 300 E. Chapman Avenue
Santa Ana, CA 92707 Orange, CA 92866-1591
Attn.: Keith McCann, CEO/CFO Attn.: Anna Pehoushek
Telephone: (714) 966-9220 Telephone: (714) 744-7228
E-Mail: kmccann@placeworks.com E-Mail: apehoushek@cityoforange.org
25. Counternarts. This Agreement may be executed in one or more counterparts,each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as
original signatures.
Remainder of page intentionally left blank; signatures on next page)
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IN WITNESS of this Agreement, the parties have entered into this Agreement as of the
year and day first above written.
CONTRACTOR" CITY"
PLACEWORKS, INC., a California corporation CITY OF ORANGE, a municipal corporation
xBy. By.
P ' ted ame: 5 ck Otto, City Manager
Title: rPSIO.QXt
By: APPROVED AS TO FORM:
Printed Name:
Title:
Mary E. Bi ing
Senior Assistant City Attorney
NOTE:City requires the following signature(s) on behalf of the Contractor:
1)the Chairman of the Board,the President or a Vice-President,AND (2)the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary
or an Assistant Treasurer. If only one corporate of cer exists or one corporate
officer holds more than one corporate office,please so indicate. OR
The corporate officer named in a corporate resolution as authorized to enter
into this Agreement. A copy of the corporate resolution, certified by the
Secretary close in time to the execution of the Agreement, must be provided to
City.
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EXHIBIT "A"
SCOPE OF SERVICES
Beneath this sheet.]
Vdork Plan for TDR Economic Analysis
TASK 1 TDR FEASIBILITY ANALYSIS
This task will determine if economic and market conditions will support a TDR program. This task is
intended to inform a City decision whether to proceed with using its SB2 Planning Grant to prepare
and adopt a TDR Ordinance or to pursue a different undertaking that would more effectively
accelerate housing production. We understand that it is the City's desire to adopt a TDR Ordinance,
but that staff is concerned with allocating SB2 funds only to find out that economic and market
conditions might not support the use of TDRs.
TASK 1.1: PROJECT KICK-OFF MEETING
PlaceWorks will conduct an in-person project kick-off meeting with City staff that will work closely on
this project. The kick-off meeting will focus on the economic analysis and not on the broader work for
the TDR Ordinance, although components of a potential TDR program will be discussed.
The primary purpose of this meeting is to select one or two sending-area sites and two to three
receiving-area sites (a total of four sites) and to identify an appropriate development scenario for each
site for the financial feasibility analysis.
Time Frame:
Two weeks of contract award / notice to proceed
Deliverable
Summary notes
TASK 1.2: FINANCIAL FEASIBILITY ANALYSIS
PlaceWorks will conduct a financial feasibility analysis for the development scenario for each
representative site. For the sending-area sites, the financial feasibility analysis will estimate the
development rights sales value at which a property owner would be incentivized to sell the
development rights rather than redevelop their property to its maximum zoning capacity. For the
receiving-area sites, the financial feasibility analysis will estimate the development rights purchase
value at which the developer would be incentivized to purchase development rights. This is a basic-
level analysis intended to answer the question: Is the Ciry's desire for a TDR program feasible given
economic and market conditions. Additional economic analysis to determine commodities and
exchange rates will be conducted in subsequent tasks if the City moves forward with the TDR
ordinance.
PlaceWorks will summarize the financial feasibility analysis and our findings in a technical
memorandum. This report will describe the basic TDR program parameters that might be necessary
for a local TDR program to be effective.
Time Frame
Page 1
6 Weeks
Deliverable
Financial Feasibility Analysis technical memorandum
TASK 1.3: TDR FEASIBILITY REVIEW MEETING
PlaceWorks will conduct an in-person review meeting with City staff to discuss the analysis and
findings in the Financial Feasibility Analysis technical memorandum. The purpose of this meeting is
to ensure that City staff has the information needed to determine whether or not to proceed with the
remainder of the TDR Ordinance project.
Because this is an important decision, it is expected that there would be an additional follow-up
meeting that would be conducted online via video conferencing. If the discussion at the first, in-
person meeting indicates that a TDR program might not be appropriate, PlaceWorks will also have in-
house experts on housing elements and the SB2 grants program on the call. Their involvement would
be to brainstorm additional ideas for how the City could use its S62 grant funds to accelerate housing
production, if moving forward with a TDR program is not considered viable. In such a case,
PlaceWorks would negotiate a scope of work, budget, and schedule in-lieu of the remaining tasks
presented below.
If the City decides to move forward with the remainder of the project to develop and adopt a TDR
Ordinance, then this second, online meeting will also be used to discuss project objectives, define
project expectations, and to refine the scope of work, schedule, and data needs. PlaceWorks will
provide a meeting agenda and summary notes of the meeting.
Time Frame:
Three weeks from submission of the Financial Feasibility Analysis report (Task 1.2)
Deliverable(s)
One in-person review meeting
One online video conference meeting
TASK 2 DETERMINE TDR EXCHANGE RATES
Should the City choose to move forward with drafting and adopting a TDR Ordinance, this task will
build on the economic analysis in Task 1 to determine the appropriate TDR exchange rates, which
determines the number of TDR credits a property owner in the receiving area earns for each TDR
credit purchased from the sending area. This task would occur
TASK 2.1 EXCHANGE RATE ANALYSIS
PlaceWorks will analyze each development scenario for each representative site. For the sending-area
sites, the exchange rate analysis will estimate the development rights sales value at which a property
owner would be incentivized to sell the development rights rather than redevelop their property to its
maximum zoning capacity. For the receiving-area sites, the f analysis will estimate the development
Page 2
rights purchase value at which the developer would be incentivized to purchase development rights.
The scope of work and budget includes an analysis for up to four development rights commodities for
each receiving-area site.
PlaceWorks will summarize the exchange rate analysis and our findings in a technical memorandum.
This report will provide recommendations for the feasibie development rights options and recommend
appropriate exchange rates.
Time Frame
4 Weeks
Deliverable
Exchange Rate Analysis technical memorandum
MEETINGS
Our scope of work includes several meetings. We are assuming the restrictions related to the COVID-
19 pandemic will not restrict meetings the time the project commences. We assume that two
meetings under this project—the project kick-off meeting and the first TDR Feasibility review
meeting—will be conducted in person and the third meeting will be an online video conferencing
meeting. We do not anticipate a change in cost if public health requirements restrict in-person
meetings during the course of the project.
DELIVERABLE PRODUCTS
The budget assumes that we will provide all deliverable products in a digital format, such as
Microsoft Work, PDF, or similar. There would be additional costs if hard copy deliverables are
required.
SCHEDULE
We anticipate a nine-month schedule for the two projects, this TDR Feasibility Analysis and the
separate Transfer of Development Rights Ordinance. The work funded under this project would be
completed within six months of commencing work. The chart of the following page shows the
proposed schedule by task.
Page 3
Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Month 8 Month 9
3 , r t
1.1 Pro'ect Kickoff Meetin i E '
g---— -- - - --- -- 3—,:_ . I ' 1 -- -,- ' —i
1.2 Financial FeasibilityAnalysis j ' j ; i ! j i ? ; ; ; k 4k---- — ; —7— -- i--
1.3TDRFeasibilityReviewMeeting j i ! ; i I !i i ? f ; ! i i f ;
Task2.lExchangeRateAnalysis i i j
Consultant meeting with City
o
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oa
m
FEE
The table on the following page provides the detailed budget for PlaceWorks' scope of work to prepare
a TDR Feasibility Analysis for the City of Orange. The table list the hours by task and by PlaceWorks'
staff member, including the hourly fee for each staff member assigned to the project.
In addition to the hourly cost, the budget includes a $315 cost for estimated reimbursable expenses,
such as mileage cost for travel to and from in-person meetings at the IRS-approved rate and possible
data acquisition costs, such as recent home sales values. Any reimbursable expenses incurred will be
itemized on the monthly invoice.
As the project progresses, it may be necessary to acquire additional data, namely detailed
construction cost estimates for 10+ story steel-frame construction buildings. If this is the case,
PlaceWorks will reduce its hourly fee under Task 2.1 to accommodate the cost of the data
acquisition, which would be invoiced as a reimbursable expense
The budget also includes PlaceWorks' standard charge for general office expenses, calculated as 2%
of the labor fee. This charge will be included on each monthly invoice as 2% of the labor fee for the
invoice.
Page 5
Cify of Orange—TDR Feasibilify Analysis
COST PROPOSAL
JUDD GUNNELLS GUZMAN HERKEWITZ HADFIELD
As s i s ta nt Stra te gi c
Principal- Project GIS
Project Advisor, Editing
Task Description
in-Charge Manager
Manager
Analysis
CEQA
HourlyRate: $ 250 $ 215 $ 120 $ 165 $ 235 $ 115 otal Hours Total Fee
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1.1 Project Kick-off Meeting 2 3 3 8 1,505
1.2 Financial FeasibilityAnalysis 35 15 16 4 70 12,425
1.3 TDR Feasibility Review Meeting 6 6 5 17 3,185
Task 1 Subtotal 2 44 24 4 95 $ 17,115
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2.1 Exchange Rate Analysis 2 20 6 8 36 6,840
Task 2 Subtotal 20 6 8 0 0 36 $ 6,840
Tota I La bor Hours 2 64 30 8 0 4 131 •
d Total Labor Fee 500 13,760 3,600 1,320 0 460 23,955
Reimbursable Expenses 315
Standard Office Expenses @2% 479