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Home My WebLink AboutC-2460 - Prepare Cannery VII/McFadden Square Specific Area Plany, . _.. rn AGREEMENT FOR PROFESSIONAL SERVICES y N i .0 1 M r�� Preparation of a Specific Area Plan .9 o for the Cannery Village /McFadden Square A s This Agreement is made and entered into the 7th day of September 1384 by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY" and THE ARROYO GROUP, hereinafter referred_ to as "CONSULTANT ". ? WITNESSETH WHEREAS, the CITY desires to have a Specific Area Plan prepared for the Cannery Village /McFadden Square area; and • WHEREAS, the services of a qualified consultant are necessary in order to prepare said Specific Area Plan; and WHEREAS, requests for proposal were prepared and distributed to qualified consultants; and WHEREAS, the proposal of CONSULTANT has been reviewed by the CITY and found to be responsive to the request for proposal; and WHEREAS, the CITY desires to accept the proposal of CONSULTANT to provide professional services in preparing the Specific Area Plan. NOW THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: I. SERVICES TO BE PERFORMED BY CONSULTANT CONSULTANT agrees to perform all services specified in the Scope 0 of Work, attached hereto and marked Exhibit "A ", which is incorporated -2- herein as though set forth in full. Such services shall be adequate to meet • requirements of the State of California and the City of Newport Beach relative to the preparation and adoption of Specific Area Plans. CONSULTANT will invoice for services performed at the rates specified in Exhibit "A ". CONSULTANT shall maintain all records of expenses and professional services rendered, and shall make such records available for the CITY to review. II. DUTIES OF THE CITY A. Compensation The CITY, in consideration of the services to be performed by CONSULTANT pursuant to this contract agrees to pay CONSULTANT for ' professional services a fee, not to exceed `;30,000. B. The CITY shall make available to CONSULTANT such information • and materials as are available to the CITY which relate to services to be performed by CONSULTANT. C. The CITY will examine all studies, reports, sketches, drawings, proposal and other documents presented by CONSULTANT and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of CONSULTANT. D. The CITY will give prompt written notice to CONSULTANT when the CITY observes or otherwise becomes aware of any defection in the project. III. AMENDMENT TO WORK The CITY reserves the right to order changes in the scope of services to be performed by CONSULTANT hereunder. In the event that the CITY, by way of modification, requires CONSULTANT to perform services in . addition to those specified herein, the CITY agrees to pay CONSULTANT the hourly rates specified in Exhibit "A ". -2- SO. IV. TERMINATION The CITY reserves the right to terminate this agreement, without cause, upon seven (7) days' written notice to CONSULTANT. In the event of a termination of this agreement pursuant to this paragraph, the CITY shall pay CONSULTANT for all tasks performed to the date of termination in accordance with the itemization of professional services and expenses therefore, at rates specified in Exhibit "A ". V. ASSIGNMENT • CONSULTANT has been selected to perform the work herein on the basis of its expertise and CONSULTANT is not permitted to delegate the duties and responsibilities hereunder without first having obtained the prior written consent of the CITY. VI. OWNERSHIP OF DOCUMENTS Drawings, reports, notes, maps, and other documents shall become the property of the CITY and may be reproduced and utilized as deemed necessary by the CITY. The CITY further agrees to reimburse CONSULTANT for all reasonable • expenses incurred in the performance of the additional services required by the the amendment. Any amendment to the work hereunder shall be authorized in an writing by the CITY, and CONSULTANT shall perform no work in addition to the work set forth in Exhibit "A" unless authorized in writing by the CITY to do SO. IV. TERMINATION The CITY reserves the right to terminate this agreement, without cause, upon seven (7) days' written notice to CONSULTANT. In the event of a termination of this agreement pursuant to this paragraph, the CITY shall pay CONSULTANT for all tasks performed to the date of termination in accordance with the itemization of professional services and expenses therefore, at rates specified in Exhibit "A ". V. ASSIGNMENT • CONSULTANT has been selected to perform the work herein on the basis of its expertise and CONSULTANT is not permitted to delegate the duties and responsibilities hereunder without first having obtained the prior written consent of the CITY. VI. OWNERSHIP OF DOCUMENTS Drawings, reports, notes, maps, and other documents shall become the property of the CITY and may be reproduced and utilized as deemed necessary by the CITY. -3- VII. LITIGATION SERVICES In the event of any legal challenge to any action involving the CITY wherein the validity of the Cannery Village /McFadden Square Specific Area Plan is an issue, CONSULTANT agrees to cooperate with the CITY and its • attorneys in the defense of said litigation, and agrees to give such -3- the course of the performance of those services. VIII. ARBITRATION If, at any time, any controversy shall arise between the CITY and CONSULTANT with respect to any matters arising out of or relating to this agreement or the breach thereof, which the parties do not promptly resolve, said controversy shall be decided by arbitration administered by and in accordance with the rules of the American Arbitration Association, unless the parties mutually agree otherwise. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrator shall be final and judgement may be entered upon • it in any court having jurisdiction thereof. IX. LIMIT OF LIABILITY The CONSULTANT'S liability to the City arising out of any action related to performance of this contract shall be limited to the total amount paid to CONSULTANT hereunder. X. NOTICES Any notice required to be given pursuant to the terms and conditions of this agreement, shall be deemed to have been given when deposited in the U.S. mail, first - class, postage pre -paid, and addressed as follows: City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA 92658 -8915 -4- The Arroyo Group 40 East Colorado Boulevard Pasadena, CA 91105 testimony as may be reasonably required by the CITY to establish the validity of said Element. The CITY agrees to compensate CONSULTANT for the performance of such services at a rate equal to the then current billing rate and to reimburse CONSULTANT for all expenses reasonably incurred during the course of the performance of those services. VIII. ARBITRATION If, at any time, any controversy shall arise between the CITY and CONSULTANT with respect to any matters arising out of or relating to this agreement or the breach thereof, which the parties do not promptly resolve, said controversy shall be decided by arbitration administered by and in accordance with the rules of the American Arbitration Association, unless the parties mutually agree otherwise. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrator shall be final and judgement may be entered upon • it in any court having jurisdiction thereof. IX. LIMIT OF LIABILITY The CONSULTANT'S liability to the City arising out of any action related to performance of this contract shall be limited to the total amount paid to CONSULTANT hereunder. X. NOTICES Any notice required to be given pursuant to the terms and conditions of this agreement, shall be deemed to have been given when deposited in the U.S. mail, first - class, postage pre -paid, and addressed as follows: City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA 92658 -8915 -4- The Arroyo Group 40 East Colorado Boulevard Pasadena, CA 91105 *.0` i • lu f • 0 0 IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY PPM:pg -5- CITY OF NEWPORT BEACH "L ,a By �l�l CITY MANAGER THE ARROYO GROUP r- i Q. ` 2L(100 City Council M *ng August 27, 1984 Consent Calendar Item No. F -3(e) CITY OF NEWPORT BEACH BY THE CITY COUNCIL CITY OF NEWPORT BEACH TO: City Council AUG 2 71984 FROM: Planning Department APPROVED SUBJECT: Consultant Selection for the Preparation of the Suggested Action Authorize the Mayor and the City Clerk to execute an agreement with the Consultant for the preparation of the Cannery Village /McFadden Square Specific Area Plan. Background At its meeting of June 11, 1984, the City Council directed staff to distribute a Request for Proposal, soliciting proposals from consul- tants to prepare a Specific Area Plan for the Cannery Village/ McFadden Square area. Subsequently, at its meeting of July 9, 1984, the City Council adopted Resolution No. 84 -78, establishing a City Council Ad Hoc Cannery Village/McFadden Square Specific Area Plan Committee consisting of Mayor Hart and Council Members Donald Strauss and Ruthelyn Plummer. The purpose of this Committee is to review the recommendations of the Planning Commission and to assist the City Council in the adoption of the subject Specific Area Plan. Consultant Selection Staff distributed eighteen Requests for Proposals to Architectural firms and Planning Consultants. Seven proposals were submitted in response to the requests. These firms were Van Del & Associates of Irvine; McCulloch Architects of Newport Beach; Sanchez /Talarico Associates of Newport Beach; FORMA of Newport Beach; P.O,D., Inc. of Santa Ana; the Hill Partnership of Newport Beach; and The Arroyo Group of Pasadena, California. Staff interviewed all of the firms responding to the RFP. Based upon these interviews, it is staff's recommendation that the City Council enter into a contract with The Arroyo Group to prepare the Cannery Village/McFadden Square Specific Area Plan for a fee not to exceed $30,000.00 (thirty thousand dollars). The Arroyo Group has prepared the Long Beach Downtown Development Plan and Design Guidelines; the Huntington Beach Specific Plan Concept and Urban Design Plan; the San Clemente Downtown Plan 2000; and the Old ` TO: Council - 2. Pasadena Revitalization Program, among other similar projects. In addition, The Arroyo Group is capable of preparing the Specific Area Plan "in- house ", whereas all of the other firms were to be joint ventures with several firms participating. It should also be noted that the majority of the work on this Specific Area Plan is to be performed by two of the principals of The Arroyo Group, rather than by other staff members. Staff is of the opinion that The Arroyo Group is capable of preparing the Specific Area Plan in a timely and professional manner. PLANNING DEPARTMENT JAMES D. HEWICKER, Director B is Gustin Senior Planner CG:dvh