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HomeMy WebLinkAboutC-3153 - Development of a Public Improvement Plan for Mariner's Mile9 0 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this 0- w day of December 2000, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City "), and City Lights Design Alliance (hereinafter referred to as "Consultant ") is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide economic analysis services upon the terms and conditions contained in this Agreement. C. The principal members of Consultant are, for purpose of this Project, Keenan E. Smith, AIA and Lee Anne Kirby. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms of conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as follows: 1. TERM The term of this Agreement shall commence on the Imo day of December 2000, and shall terminate on the 30th day of June 2001, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform the planning and design services as set forth in the proposal, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the proposal, attached hereto as Exhibit "A" and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement • shall not exceed the total contract price of Thirty -Two Thousand, Five Hundred Twenty Dollars ($32,520). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City. The invoice shall be payable by City within thirty (30) days of receipt of invoice subject to the approval of City. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control 2 0 0 over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only with respect to the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 7. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. 8. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City. 9. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence of City, or its employees, or other contractors, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 10. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must 3 0 0 be filed with City prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating Guide: unless otherwise approved by the City Risk Manager. A. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that, in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 11. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any for the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) 9 or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint venture. 12. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such form as the City may require, furnish reports concerning the status of services required under this Agreement. 13. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 14. ADMINISTRATION This Agreement will be administered by Assistant City Manager Sharon Wood, who shall be considered the Project Administrator and shall have the authority act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 15. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records during normal business hours. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 5 16. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 17. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 18. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with the Project. 19. CONFLICTS OF INTEREST A. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 20. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 7 21. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 Phone — (949) 644 -3200 Fax — (949) 644 -3020 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Keenan E. Smith, AIA City Lights Design Alliance P. O. Box #1166 Dripping Springs, TX 78620 Phone — (512) 264 -3031 Fax — (512) 264 -3031 22. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 22.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to the Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 7 23. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 24. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 25. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 26. PATENT INDEMNITY The Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: - 4 ✓r Robin Clauson Assistant City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless City Clerk CITY OF NEWPORT BEACH A Municipal Corporation Mayor for the City of Newport Beach CONSULTANT 'PLO. 11ls1�� tRl'P ?LNG 57R�N 45rTIC. 8 78rz. EWPOR, CITY OF NEWPORT BEACH Hearing Date: December 12, 2000 om COMMUNITY AND ECONOMIC Agenda Item 24 �i DEVELOPMENT No.: PLANNING DEPARTMENT Staff Person: Sharon Z. Wood 3300 NEWPORT BOULEVARD (949) 644 -3222 NEWPORT BEACH, CA 92658 (714) 644 -3200; FAX (714) 644 -3250 REPORT TO THE MAYOR AND CITY COUNCIL APPROVED SUBJECT: Agreement with City Lights Design Alliance to Develop a Public Improvement Plan for Mariner's Mile SUGGESTED ACTION: Approve and authorize Mayor to execute agreement The City Council approved the Mariner's Mile Strategic Vision and Design Framework on October 10, 2000. This document establishes policy for future improvements to private property along Mariner's Mile, the most important of which were incorporated into zoning amendments also adopted by the Council. The Design Framework makes general recommendations for public improvements along Mariner's Mile, and does not go as far as a conceptual plan on which a budget and financing plan could be based. The 2000 -01 budget adopted by the Council includes $130,000 for public improvements to Mariner's Mile, and the Council indicated interest in providing ongoing funding for these improvements for five years. The first step in implementing the recommendations of the Design Framework and making improvements to public property is to prepare a conceptual plan. The Mariner's Mile Business Owners Association has established the area referred to as "Mariner's Village" (Sterling BMW to Newport Classic Inn) as the first priority for public improvements. This area has the greatest potential to develop into a village setting, and offers the greatest opportunities to add landscaping and other features to improve the streetscape. Staff and the Business Owners Association are proposing to retain City Lights Design Alliance to prepare the public improvement plan. This is the same design team that prepared the Strategic Vision and Design Framework, and we are confident in their understanding of the opportunities and constraints of the area and the City's goals for it. The attached agreement would retain the consultants to prepare the plan for a cost not to exceed $32,520. Funds are available in the capital account for Mariner's Mile economic development. SHARON Z. WOOD Assistant City Manager Aa�� kel- j4d- 0 0 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this day of December 2000, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City "), and City Lights Design Alliance (hereinafter referred to as "Consultant ") is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide economic analysis services upon the terms and conditions contained in this Agreement. C. The principal members of Consultant are, for purpose of this Project, Keenan E. Smith, AIA and Lee Anne Kirby. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms of conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as follows: 1. TERM The term of this Agreement shall commence on the day of December 2000, and shall terminate on the 30th day of June 2001, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform the planning and design services as set forth in the proposal, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the proposal, attached hereto as Exhibit "A" and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement 1 shall not exceed the total contract price of Thirty -Two Thousand, Five Hundred Twenty Dollars ($32,500). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City. The invoice shall be payable by City within thirty (30) days of receipt of invoice subject to the approval of City. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control 2 0 0 over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only with respect to the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 7. CITY POLICY Consultant will discuss and review all matters relating to policy and projE;ct direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. 8. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City. 9. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence of City, or its employees, or other contractors, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 10. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must 3 be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating Guide: unless otherwise approved by the City Risk Manager. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that, in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. I< • 11. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any for the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint venture. 12. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such form as the City may require, furnish reports concerning the status of services required under this Agreement. 13. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 14. ADMINISTRATION This Agreement will be administered by Assistant City Manager Sharon Wood, who shall be considered the Project Administrator and shall have the authority act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 5 15. RECORDS 0 Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records during normal business hours. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 16. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 17. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 18. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with the Project. 19. CONFLICTS OF INTEREST A. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and 0 hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 20. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 21. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United Stakes mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 Phone — (949) 644 -3200 Fax — (949) 644 -3020 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Keenan E. Smith, AIA City Lights Design Alliance P. O. Box #1166 Dripping Springs, TX 78620 Phone — (512) 264 -9640 Fax — (512) 264 -9640 22. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 22.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to the Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 23. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 24. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 25. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 26. PATENT INDEMNITY The Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: In Robin Clauson Assistant City Attorney for the City of Newport Beach CITY OF NEWPORT BEACH A Municipal Corporation Mayor for the City of Newport Beach 17 0 ATTEST: By: LaVonne Harkless City Clerk L CONSULTANT In 0 9 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this day of December 2000, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City "), and City Lights Design Alliance (hereinafter referred to as "Consultant ") is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide economic analysis services upon the terms and conditions contained in this Agreement. C. The principal members of Consultant are, for purpose of this Project, Keenan E. Smith, AIA and Lee Anne Kirby. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms of conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as follows: 1. TERM The term of this Agreement shall commence on the day of December 2000, and shall terminate on the 30th day of June 2001, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform the planning and design services as set forth in the proposal, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the proposal, attached hereto as Exhibit "A" and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement 1 0 0 shall not exceed the total contract price of Thirty -Two Thousand, Five Hundred Twenty Dollars ($32,500). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City. The invoice shall be payable by City within thirty (30) days of receipt of invoice subject to the approval of City. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control K 0 0 over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only with respect to the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 7. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. 8. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City. 9. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence of City, or its employees, or other contractors, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 10. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must N 0 0 be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating Guide: unless otherwise approved by the City Risk Manager. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that, in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. D1 0 11. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any for the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint venture. 12. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such form as the City may require, furnish reports concerning the status of services required under this Agreement. 13. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 14. ADMINISTRATION This Agreement will be administered by Assistant City Manager Sharon Wood, who shall be considered the Project Administrator and shall have the authority act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 5 0 0 15. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records during normal business hours. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 16. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall riot discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 17. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consulta -'M, the additional expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 18. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with the Project. 19. CONFLICTS OF INTEREST A. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of tie Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and 6 0 9 hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 20. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 21. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 Phone — (949) 644 -3200 Fax — (949) 644 -3020 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Keenan E. Smith, AIA City Lights Design Alliance P. O. Box #1166 Dripping Springs, TX 78620 Phone — (512) 264 -9640 Fax — (512) 264 -9640 22. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 7 0 0 22.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to the Consultant that portion of compensation specified in this Agreement that is earned aid unpaid prior to the effective date of termination. 23. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 24. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 25. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 26. PATENT INDEMNITY The Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH A Municipal Corporation 0 Robin Clauson Assistant City Attorney for the City of Newport Beach A Mayor for the City of Newport Beach W 0 ATTEST: By: LaVonne Harkless City Clerk 0 CONSULTANT LIM City Lights Design TEL N0.512 264 3031 CITY LIGHTS DESIGN ALLIANCE Urban Design • Architecture • Community Planning 12/5/00 PROPOSAL Project: Mariner's Village Concept Plan Client: City of Newport Beach Contact: Sharon Wood, Assistant City Manager Job No.: 2000.07 MARINER'S VILLAGE CONCEPT PLAN • Der 06,00 12:14 P.07 Contract authorization is requested for the Scope of Services outlined below, and as discussed with the Client and Councilperson Glover on November 15, 2000. SCOPE OF SERVICES: Phase I. Mariner's Village: Conceptual Design and Public Improvement Plan The purpose of this study is to develop a conceptual design for a program of public and private improvements within the "Mariner's Village" study sub -area. Consultant will: Assemble and organize detailed base information on existing conditions within Mariner's Village, including composite base plans (from information provided by the City) at scale 1 " =20'. Conduct a photo -survey of existing conditions on principal streets and develop an overall opportunities and constraints analysis. 2. Prepare an overall Conceptual Design and Public Improvement Plan for Mariner's Village, consisting of conceptual design recommendations for strateilic public and private properties. Deliverables to include: Illustrative Plan at scale 1 " =20', Sections, Elevations and/or Perspective Sketches as necessary to explain design concepts, Executive Summary with Preliminary Estimates of Probable Cost and a recommended Phasing Plan for proposed improvements. 3. Participate in up to eight (8) public meetings or design workshops to gather input from business owners, public agencies, the Client and the general public. 4. Participate in up to two (2) public hearings or workshops with City Council to present and explain the Mariner's Village Concept and Public Improvement Plan. Provide, as reimbursable expenses, reprographics and photo - processing, courier and overnight delivery related to the normal and customary in -house production of the above deliverables. Duplication expenses for reports, exhibits, or presentation materials required for public approval process to be paid by Client. Provide, as reimbursable expenses, basic round -trip travel costs (economy airfare, car rental, parking and lodging) F.O.B. Austin, Texas for up to six (6) selected meetings, design workshops or presentations in Newport Beach, California. Estimated Fees: 26,620.00 Estimated Reimbursable Expenses: $59700.00 Total Estimated Additional Services end eim Rbursables: $32,520.00 _1 P.O. Box #1166, Dripping Springs, TX 7R620 - Tc I/Fa:: 5 12/264-9640 . www.eitylightadesign com DEC -06 -2000 1056 512 264 3031 96% P -02 City Lights Design TEL N0.512 264 3031 Dec 06 00 12:16 P.03 • • CITY LIGHTS DESIGN ALLIANCE CO Urban Design • Architecture • Community Planning 12/5/00 PROPOSAL page 2 Project: Mariner's Village Concept Plan Client: City of Newport Beach Contact: Sharon Wood, Assistant City Manager Job No.: 2000.07 COMPENSATION: These Services will be billed monthly to the Client under our job number 2000.07 on an hourly basis not to exceed Thirty Two Thousand Five Hundred Twenty Dollars ($32,520.00) without further authorization. Invoices are payable within 30 days to legal address noted below. Person/Caregory Rate per Hour Principals: Keenan Smith, Lee Anne Kirby $105.00 Professional Staff $85.00 Design Staff $65.00 Support Staff $45.00 Schedule: - Authorization to Proceed/ Begin Work: 11/1/00 - Organize Base Information; Opportunities /Constraints: 12/15/00 - Conceptual Public Improvement Plan; 1st Public Workshop: 1/15/01 - Revised Public Improvement Plan: 2nd Public Workshop 2/15/01 - Submit Final Plans: 3/1/01 - Planning Commission /City Council Hearings: 3/15/01 - Complete Work: 4/15/01 Conditions: - (TO BE DETERMINED). Acceptance: - Signature below indicates acceptance of the Scope of Services, Fees, and Conditions of this Proposal and provides authorization to proceed with the work. Please sign below and return one copy to City Lights Design Alliance, Signed: Keenan E. Smith, AU Principal Accepted: M Date: # s � P.O. Box #1166, Dripping Springs, TX 78620 • Tel /Fax: 5121264 -9640 • www.ciEylighisdcsign.com DEC-06 -2000 1057 512 264 3031 96% P.03 J mew POR, CITY OF NEWPORT BEACH Hearing Date: 04 m COMMUNITY AND ECONOMIC Agenda Item DEVELOPMENT No.: PLANNING DEPARTMENT Staff Person: 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (714) 644 -3200; FAX (714) 644 -3250 REPORT TO THE MAYOR AND CITY COUNCIL /11J i (Jf�) June 27, 2000 10 Sharon Z. Wood (949) 644 -3222 SUBJECT: Amendment to Agreement with City Lights Design Alliance for�rRCVED Completion and Public Review of Mariner's Mile Design Framework SUGGESTED ACTION: Approve amendment to agreement in the amount of $18,550. The City Council approved an agreement with City Lights Design Alliance to prepare a Design Framework for Mariner's Mile on August 25, 1997. The contract amount was 530,000. The Acting City Manager approved an amendment in the amount of $7,460 (25% of the original amount), pursuant to City Council Policy F -3 in October 1998. Per this policy, any further amendments to the agreement must be approved by the City Council. Since the consultant prepared a draft of the Design Framework, it has received extensive review and discussion by the original Business and Citizens Advisory Committee and a Business Owners Association that has been revitalized for this project. The consultant has prepared materials for and attended all these meetings, prepared detailed sign guidelines based on the agreements reached among the business owners, and made major revisions to the original report. Staff is now recommending that the agreement be amended in the amount of $18,550 to complete revisions and document production, prepare exhibits and other material for a public review workshop, participate in the workshop, and attend public hearings at the Planning Commission and City Council. Funds are available in the capital budget account for Mariner's Mile. SHARON Z. WOOD Assistant City Manager vj�� Attachment: Contract Addendum Proposal • CITY LIGHTS DESIGN ALLIANCE Urban Design • Archl[CCUIre • Community Planning 5/8/00 CONTRACT ADDENDUM #2 Project: Mariner's Mile Design Framework Client: City of Newport Beach Contact: Sharon Wood, Assistant City Manager Job No.: 9704.02 MARINER'S MILE DESIGN FRAMEWORK • page 1 Authorization is requested for a Contract Addendum to cover the Scope of Additional Services . outlined below, and as requested by the Client in meetings with the City Manager and Councilperson Glover on April 3, 2000. SCOPE OF ADDITIONAL SERVICES: Phase IV. Additional Public Workshops and Presentations; Overlay Zone Implementation The purpose of this phase is to assist the Client in fostering the Design Framework through the continued public feedback and City Council approval process. Consultant will: 1. Participate in up to (3) additional meetings with Mariner's Mile Business Owner's Association of up to (2) hours each to gather feedback on the Design Framework. 2. Participate in one (1) public meeting, workshop or "Festival" of (6) hours (including pre- function setup and post- function time) to gather feedback on the Design Framework. 3. Prepare additional illustrative exhibits and collateral materials for use in meetings with public and City Council, including an overall plan and character sketches For the Design Framework. 4. Revise or refine the Design Framework (once) as directed by Client based on final comments by the Mariner's Mile Business Owner's Association and the public to the 95% Draft issued May 4, 2000. 5. Coordinate with and support City Planning Staff its efforts to create an Overlay Zone and other regulatory elements which implement and codify key concepts proposed by the Design Framework. 6. Participate in three (3) public meetings, study sessions or workshops with City Council and Planning Commission to present and explain the Design Framework. Revise or refine the Design Framework (once) as directed by Client based on comments from the City Council and Planning Commission. Estimated Fees: Reimbursable Expenses: Subtotal Fees and Reimbursables: $8,360.00 $840.00 $9,200.00 244 HIII Place, Cusra Mesa, Caliiurni.i 92627 - Tel /Far. 9dv/645-1455 �r.. m.citpliGht.J esi•n.cnm CITY LIGHTS DESIGN ALLIANCE Urban Design • Architecture • Community Planning 5/8/00 CONTRACT ADDENDUM #2 page 2 Project: Mariner's Mile Design Framework Client: City of Newport Beach Contact: Sharon Wood, Assistant City Manager Job No.: 9704.02 SCOPE OF ADDITIONAL SERVICES, (continued): Phase V. Supplemental Study: "Mariner's Village Urban Design Plan" The purpose of this study is to assist the Client in developing a design and development approach within the "Mariner's Village" study sub -area which specifically encourages the formation of a mixed -use, pedestrian- oriented, local- serving neighborhood. Consultant will 1. Prepare separate physical planning and urban design recommendations for development of public and private properties. Deliverables to include: Urban Design Plan, Sections or Perspective Sketches, Executive Summary. 2. Participate in up to three (3) public meetings or design workshops to gather input from business owners, the public, and Client on the proposed Mariner's Village. 3. Prepare illustrative exhibits and collateral materials for use in public meetings. 4. Prepare Preliminary Estimates of Probable Cost for public sector capital improvements proposed by the Mariner's Village Urban Design Plan. 5. Participate in one (1) public meeting or workshop with City Council to present and explain the Mariner's Village Urban Design Plan. Estimated Fees: $7,790.00 Reimbursable Expenses: $1,560.00 Subtotal Fees and Reimbursables: $9,350.00 COMPENSATION: These Additional Services will be billed to the Client under our job number 9704.02 on an hourly basis not to exceed Eighteen Thousand Five Hundred Fifty Dollars ($18,550.00) without further authorization. PersonlCategory Keenan Smith, Lee Anne Kirby Professional Staff Technical Staff Rate per Hour $95.00 $75.00 $55.00 Total Estimated Additional Services and Reimbursables_ _ $18,550.00 ?tiff hill Place, Costa Mesa, California 92627 Tel /Fax: 94916451455 www.citylightsdesi -n.com CITY LIGHTS DESIGN ALLIANCE Urban Design • Architecture • Communit,y Planning 5/8/00 CONTRACT ADDENDUM #2 page 3 Project: Mariner's Mile Design Framework Client: City of Newport Beach Contact: Sharon Wood, Assistant City Manager Job No.: 9704.02 Schedule: - Begin Work: 4/1/00 - Complete Work: 12/15/00 Conditions: - This Contract Addendum is bound by the requirements of the Base Contract. Acceptance: - Signature below indicates acceptance of the Additional Scope of Services, Fees, and Conditions of this Contract Addendum and provides authorization to proceed with the work. Please sign below and return one copy to City Lights Design Alliance. Signed: iw�� Keenan E. Smith, AIA Principal Accepted: M Date: 24{ Hill Place, Costa Mesa, C.tlito rn is 92627 'I'rl /Paa: 949/64514$5 o'c c.iin'ligh[ >de�ign.iom rEVrrcgr CITY Or NEWF*f BEACH Hearin ate• p° COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: U= PLANNING DEPARTMENT Staff Person: 330 NEWPORT BOULEVARD NEWPORT BEACH, CA 91655 (714) 644 -3100; FAX (P4) 644-3150 SUBJECT SUGGESTED ACTION: R. U16T61C"9114Z"1 REPORT TO THE MAYOR AND CITY COUNCIL a-f / 3?- gust 25, 1997 10 Sharon Wood (714) 644 -3222 AUG g 51997 Mariner's Mile Business and Citizens Advisory Committee Recommendations C -3153. Review and Approve Committee Recommendations Authorize Assistant City Manager to Execute Agreement with City Lights Design Alliance to Prepare Development Framework and to Provide Design Assistance to Property Owners The Mariner's Mile Business and Citizens Advisory Committee was appointed by the City Council on August 26, 1996, and was made up equally of residents and business representatives. It was given the commission to "address marketing and economic issues of the area, to review the effectiveness of the marine use incentives and other zoning regulations that may be discouraging economic development, and to make recommendations for improving the streetscape and overall aesthetics of the area" The Committee began its work on September 4, 1996 and held its final meeting on April 2, 1997. They met monthly, with a smaller working group meeting between the full group meetings to work on issues in greater detail. The many hours of the Mariner's Mile Business and Citizen Advisory Committee have resulted in the attached set of recommendations to the City Council. The mix of area residents and business representatives enabled a set of recommendations to be developed which were acceptable to both groups, and the Committee unanimously approved these recommendations. After a thorough review, the Committee determined the zoning regulations to be generally appropriate. The recommendations address aesthetics, develop goals and incentivesto facilitate productive land use and development, and suggest specific goals for key properties in the area. They suggest a combination of public and private efforts, with public efforts designed to encourage private investment in the Mariner's Mile area rather than requiring significant City investment in public improvement projects. SUMMARY OF COMMITTEE RECOMMENDATIONS The Committee determined that Mariner's Mile has three subareas with unique opportunities, constraints and development patterns. These subareas, Inland West, Inland East and the Bayfront, are shown on the attached map along with several key development areas for which specific recommendations have been made. Reference to these areas is made throughout the Committee's recommendations. 0 • A development framework to enhance the overall image and appearance of Mariner's Mile is the first recommendation of the Committee. This framework is intended to guide future development and redevelopment by private property owners, as well as aesthetic improvements that could be rnade to the public right -of -way. Although the Committee has not recommended new regulatory actions by the City, they have included a recommendation that the City provide design assistance to help private property owners plan the development of their properties in a manner that is consistent with the framework. The goals of the framework are listed in detail in the attached recommendations document, and include the following: • Consolidationof lots, consolidationof parking, and reduction of curb cuts • Unified streetscape (lights, trees, sidewalks, paving materials and fences) • Updated and upgraded signage, both private and public Although the Committee found the existing land use regulations for Mariners' Mile to be appropriate, they have recommended some goals for future land use in the area. These include making the marine use incentives more workable, retaining land based boat sales and concentrating this use in one area, and encouraging resident serving businesses in key areas of Inland West. In addition to design assistance, the Committee has recommended that the City consider offering incentives to private property owners to encourage developmentlredevelopmentthat is consistent with the development framework. Some suggested incentives are to facilitate lot consolidation with increased floor area or other methods, financing assistance for streetscape improvements, and relief from the 12 foot setback required for possible future highway widening. Specific goals have been identified for key development areas in Mariner's Mile: the Horwin, Ray and Ardell properties, the "Village" area from Newport Classic Inn to Sterling BMW, and :he area between Sterling BMW and the Arches Restaurant. These key properties are currently underutilized and are expected to be developed in the future. Therefore, they represent the best opportunities for upgrading Mariner's Mile. The recommendations for each of these properties encourage larger land holdings to be developed in integrated ways to facilitate parking, reduce curb cuts, and take advantage of integrated design opportunities to enhance Mariner's Mile and prompt further upgraded improvements in the area. There also is a recommendation for a retail village to serve the needs of nearby residents. IMPLEMENTATION If the City Council approves the recommendations of the Committee, the first step in implementation is the preparation of a development framework to guide new development and redevelopment in Mariner's Mile. As noted in the earlier discussion of recommendations, the Committee did not find a need for changes to land use regulations or for extensive public improvements in the area. Rather, they concluded that the most immediate need is for a unified, cohesive urban design to guide future improvements by the City and private property owners, before significant investments are made. The Committee has not recommended a formal design review process to implement the framework, but has recommended that the City provide design assistance to help private property owners develop in a . manner that is consistent with the overall development framework. Page 2 0 0 The Committee recommends that the City use a consultant for this effort in order for it to be put in place quickly and with the appropriate expertise. Attached is a proposed consultant agreement and scope of services for this work from the firm of City Lights Design Alliance. The proposed services will be in three phases: information collection and analysis, preparation of the design framework, and recommendations for implementing the framework. Preparation of the design framework will be the most significant portion of the job, and will address areas such as unifying elements for the streetscape, way finding for vehicles and pedestrians, coordination of architectural features, and both private and public signage. City Lights Design Alliance consists of Keenan Smith, David Baab, and Lee Anne Kirby. Ms. Kirby worked with the Committee and is familiar with the area and the Committee's objectives. She has extensive experience in landscape architecture and urban design. Keenan Smith is an urban designer and architect, and has addressed issues similar to those Mariner's Mile faces through leadership of Urban Design Assistance Teams throughout Orange County. David Baab is an architect and specialist in the area of developing design and sign guidelines, with over twenty years of experience. The capital budget for the 1997 -1998 fiscal year includes $100,000 for economic development projects, part of which staff proposes to use for the Mariner's Mile work. The proposed contract shall not exceed $30,000 for urban design framework and planning guidelines. In addition, City Lights Design Alliance will be available to provide design assistance to proponents of Mariner's Mile development projects upon request by the City and at the regular hourly rates set forth in Exhibit A. 0 CITY COUNCIL COMMITTEE REVIEW The committee comprised of Mayor Debay and Councilmembers Edwards and Glover reviewed the Advisory Committee's recommendations and the proposed scope of services. They recognized that the agreement reached by resident and business representatives on the Advisory Committee is a significant milestone, and felt that the City should take some action to improve Mariner's Mile. The Council committee requested revisions to the scope of services to clarify the purpose of the development framework, the areas of emphasis, and the work product the City will receive. These revisions are incorporated in the attachment to this report. The Council committee will continue to work with staff and the consultants on this project, if the City Council approves the agreement. PROPERTY OWNER NOTIFICATION The Economic Development Committee suggested Committee recommendations and requests for input be sent to each of the property owners in Mariner's Mile. The recommendations were mailed to all commercial property owners in the Mariner's Mile area on June 6, 1997, with a request for their comments and notification of City Council consideration of them. One phone call and one letter of support were received. The letter of support from Leonard Horwin is attached. The Horwin- Gordon property is specifically identified as a key gateway property expected to be developed in the future and to set the tone of the Mariner's Mile area. Page 3 0 SUMMARY 0 The Mariner's Mile Business and Citizens Advisory Committee have thoughtfully and diligently developed a set of recommendations it believes will enhance Mariner's Mile, and requests t:ie City Council direct staff to implement the recommendations. The upgrading and unifying efforts recommended by the Committee are those which could not be achieved by individual property owners for the benefit of the area as a whole, and are intended to encourage future development in tae high visibility Mariner's Mile area to project an image consistent with other areas of Newport Beach. Submitted by: Prepared by: SHARON Z. WOOD CHRISTY D. TEAGUE, AICP Assistant City Manager Associate Planner Attachment: Mariners Mile Business and Citizens Advisory Committee Members Mariner's Mile Business and Citizens Advisory Committee Recommendations Map of Mariner's Mile Showing Key Development Areas Proposed Consultant Agreement Exhibit A - Scope of Services Proposal from Consultant Letter of Support from Leonard Horwin Dated June 9, 1997 Page 4 C� MARINERS MO BUSINESS AND CITIZENS ADVARY COMMITTEE Citizen Representatives Kurt Yeager, Chairman Thomas Ashley Bob Bendetti Gail Demmer Phyllis Drayton Michael Porter, Vice Chairman John Sturges Business Representatives Gordon Barienbrock Ted E. Bean iDan Daniels Dick Fuller Ned McCune Beverly Ray Dickson Shafer Council Representative Norma Glover 0 0 MARINERS' MILE BUSINESS AND CITIZENS ADVISORY COMMITTEE STUDY RECOMMENDATIONS April 2, 1997 The Committee finds that land use regulations in the study area are generally appropriate., including height and density provisions. While the Committee finds that existing land uses are for the most part appropriate, certain recent improvements and certain existing, uses may not maximize the potential of the area. Of greater concern are the aesthetics of the area, and it is the Committee's goal to provide a framework that will guide private sector new development and redevelopment in creating a distinctive "sense of place" and image for all of Mariners' Mile. These qualities will attract additional investment and land uses that are productive for the property owners, the surrounding neighborhoods, and the City. Early in its work, the Study Group identified three distinct subareas within Mariners' Mile, each with unique characteristics, opportunities, and challenges: Inland West from The Arches to Rocky Point on the north side of West Coast Highway, also known as the village area; Inland East from Rocky Point to Dover Drive on the north side of West Coast Highway; and the Bayfront on the south side of West Coast Highway along the Newport Bay. The Study Group has also identified key properties likely to develop in the next few years, and has suggested goals and recommendations for each of these. GOALS /RECOMMENDATIONS FOR ENTIRE STUDY AREA • Development Framework The framework should be adopted at the policy level as a resolution, rather than as an ordinance, to allow for creativity and flexibility in project design. The City should use a land planning consultant to assist in developing policies to enable new development /redevelopment throughout the study area to meet the following goals: • Encourage lot consolidation • Encourage parking consolidation • Coordinate site design relative to adjacent properties, without establishing a design "theme" • Upgrade onsite landscaping and fences • Unify streetscape (lights, trees, sidewalks, paving materials, and fences) • Update sign standards to encourage modern signage practices and promote a higher quality image • Develop public sign program to unify image and identify parking areas and points of interest • Enhance pedestrian access to businesses • Upgrade entry monuments • Reduce number of curb cuts along Coast Highway • t 4 0 0 • Consider impacts on and goals of Mariners' Mile as individual parcels develop • • Include provision for public views of and access to the Bayfront, except where adequate public access already exists or where public access is inconsistent with public safety Design Assistance The City should retain a design professional to provide project proponents with guidance and assistance in designing projects within the established development framework. This service should be at no direct cost to the applicant. A design review process should not be established; rather, design assistance should be available to promote quality development aligned with identified design goals for area. Land Use Goals While no immediate changes to land use regulations are recommended, the City should set the following goals for future land use in Mariners' Mile: • Encourage key areas to develop as whole properties, not parcel by parcel • Organize and integrate parking through cooperative efforts • Consider changing marine incentive provisions to provide more workable means of retaining marine uses • Retain land based boat sales and encourage location of new, permanent boat sales uses to one area such as Inland East • Encourage resident serving businesses in key areas of Inland West, particularly the Village areas between Sterling BMW and Tustin Avenue and between Tustin Avenue and the Newport Classic Inn Incentives The City should consider offering incentives for new development/redevelopment that is within the established framework. These tools should be developed to encourage the character of future development in Mariners' Mile. Examples of incentives to consider include: • Increase floor area ratio, related to lot consolidation • Facilitate shared parking with improved access and directional signage • Coordinate financing of streetscape and parking improvements • Facilitate and promote consolidated lot improvements • Encourage land based boat sales through economic incentives, if fiscally beneficial • Develop parking management recommendations • Provide public improvements to unify the design character of Mariners' Mile • Consider relief from 12' setback requirement for possible future highway widening, possibly through the allowance of required parking in setback area r� U E E SPECIFIC GOALS FOR KEY DEVELOPMENT AREAS Horwin Property - Inland East at Dover This is an important gateway property for Mariners' Mile and should have landmark, architecture for its ultimate development. This property has significant physical constraints unique to the Inland East area of Mariners' Mile including narrow lot depths and sloping terrain at the rear of the lots. The following recommendations are made in order to achieve distinctive development on this high visibility location: • Develop as a single integrated project of complementary uses and design • Avoid piecemeal improvements which do not maximize the financial benefits to the property owner, the City, or the area as a whole • Consider incentives /development requirements to consolidate parcels and reduce curl) cuts Ray Property - Inland East This property has physical constraints unique to the Inland East area including shallow lots and a sloping terrain at the westerly and rear portions of the lots. The following recommendations are made to facilitate quality development: • Develop as a single integrated project of complementary uses and design • Avoid piecemeal improvements • Consider incentives to consolidate parcels and reduce curb cuts • Design development to respect, complement, and take advantage of adjacent Pelican Wall Ardell Property - Inland West This property of over four acres is expected to be developed in the future, possibly in conjunction with improvements to Bayfront property across Coast Highway under the same ownership. The City should embrace an upscale development which will positively impact the Mariners' Mile area including the following features: • Encourage development of both sites in an integrated way • Possible pedestrian overpass tying properties on both sides of Coast Highway • Traffic signal anticipated for future development • Consider housing opportunities as part of project r� LJ 0 0 Ardell Prooertv - Bavfront This parcel, including the parcel to its east, has been identified as a landmark property with special opportunities for visual and physical access to the bay. It is critical the Ardell properties on both sides of Coast Highway develop in an integrated way. The recommendations for this unique property include: Encourage physical and architectural connection to the major inland parcel Possible public bay access opportunities through incentives such as transfer of development rights or development agreement with additional FAR entitlement Consider housing opportunities as part of project, if proposed "Village" Area from Newport Classic Inn to Sterling BMW - Inland West This area has been identified as having potential for a successful retail village with both pedestrian and auto orientation: • Retail village serving nearby residents • Joint parking encouraged through parking districts, reciprocal agreements, and shared access • Study whether curbside parking can be eliminated to increase buildable area • Encourage relocation of Post Office to a central location in the Village • Encourage relocation of the Post Office Distribution Center out of the "Village" area to relieve traffic congestion • Orientation to both Coast Highway and joint parking areas • Consider FAR incentives to encourage private development with joint parking Area Between Sterling BMW and The Arches - Inland West This has been identified as a gateway property into Mariners' Mile. In addition to framework components integrated into future development, the following suggestions are made: • Entry monument opportunity • Upscale, multi - parcel integrated development would be desirable to set tone for area • Encourage retention of the historic Arches Restaurant • J4 #244 Hill Place, Costa Mesa, Ca. 92627 TEL /FAX (714)645 -1455 0 0 C I T Y L I G H T S D E S I G N A L L I A N C E Urban Design Architecture Community Planning 8/21/97 PROPOSAL page I Project: Mariner's Mile Design Framework Client: City of Newport Beach Contact: Christy Teague, Associate Planner Job No.: 9704.00 MARINER'S MILE DESIGN FRAMEWORK The intent of the work is to develop a design framework that will guide private sector new development or redevelopment, and public sector improvements in creating a distinctive "sense of place" and image for Mariner's Mile. PROJECT TEAM: The team assembled to provide direct consulting services for this project consists of: David J. Baab of Baab and Associates; Lee Anne Kirby of Kirby & Company and Keenan E. Smith of City Lights Design Alliance. For the purposes of this project, City Lights Design Alliance agrees to serve as Prime Contractor and Team Coordinator, with the other consultants acting as collaborating Subcontractors. Summary resumes for each principal member of the team are included as attachments to this proposal. Additional staff support may be provided upon occasion by Kirby & Company. SCOPE OF SERVICES: Consultant's Scope of Services will be divided into three (3) phases: I - Base Information Collection & Information Analysis, H - Design Framework, and III - Design Framework Implementation Program. Phase I. Base Information Collection & Information Analysis The purpose of this phase is to collect base information and analyze the City's existing program, the site, and the Mariner's Mile Business and Citizens Advisory Committee Study Recommendations. Consultant will: 1. Gather Base Maps, review existing City documents that are pertinent to the study area and become familiar with existing utilities within the public areas. 2. Visit the site and photograph existing conditions. 3. Analyze data collected and identify opportunities and design issues. 4. Consultant estimates up to two (2) meetings, workshops or presentations. Phase II. Design Framework The Consultant will prepare a Mariner's Mile Design Framework addressing the areas defined as Inland East, Inland West, the Bayfront and the "Village." The purpose of the framework is to provide the City with specific urban design objectives that can be used to shape future . private and public development so that the Mariner's Mile area is gradually upgraded in a cohesive fashion. The Design Framework will be documented by graphic and written #244 Hill Place, Costa Mesa, Ca. 92627 TEL /FAX (714)645 -1455 0 0 C I T Y L I G H T S D E S I G N A L L I A N C E Urban Design Architecture Community Planning 8/21/97 PROPOSAL page 2 Project: Mariner's Mile Design Framework Client: City of Newport Beach Contact: Christy Teague, Associate Planner Job No.: 9704.00 Phase II. Design Framework, continued... material for the Client's use to guide public and private sector development or redevelopment. Consultant will: 1 . Develop urban design concepts and identify urban design elements for inclusion in the Design Framework such as: a. Creating a continuum through the use of unifying elements like entry monuments, paving materials, landscape, fences, lighting, etc.; b. Enhancement of way finding for vehicular/pedestrian circulation to parking, businesses, restaurants, shopping and hotels; C. Coordination of building articulation, architectural features, and/or color palette. 2. Prepare overall design framework/identity for Mariner's Mile for the public sector improvements and for use to guide private sector new development and redevelopment based on Scope Item #2. 3. Develop signage program standards to provide parameters and upgrade future signage for public areas and for future private development along Mariner's Mile. 4. Consultant estimates up to four (4) meetings, workshops or presentations. 5. Document the proposed Design Framework by preparing one black and white: report in an 8 1/2" x 11" format suitable for copying. This report will contain photographs, plans, diagrams and/or cross - sections, and written material explaining the overall design framework concept. Phase III. Design Framework Implementation Program Based on the Design Framework and in collaboration with the City Staff, the Consultant will: 1. Recommend regulatory and/or other methods of implementing the Design Framework for Mariner's Mile. is 2. Identify opportunities within the study area for future infrastructure and capital improvements. 3. Consultant estimates up to two (2) meetings, workshops or presentations. • #244 Hill Place, Costa Mesa, Ca. 92627 TEL /FAX (714)645 -: 455 0 C I T Y L I G H T S D E S I G N A L L I A N C E Urban Design Architecture 8/21/97 PROPOSAL Project: Mariner's Mile Design Framework Client: City of Newport Beach Contact: Christy Teague, Associate Planner Job No.: 9704.00 COMPENSATION FOR PROFESSIONAL SERVICES 18 Community Planning page 3 These services will be billed to you under our job number 9704.00 on an hourly basis not to exceed Twenty -seven Thousand Dollars ($27,000.00) without further authorization. Fees are estimated as follows: Phase I. Base Information Collection and Information Analysis $5,000 Phase II. Design Framework 18,500 Phase III. Design Framework Implementation Program 3,500 Total Estimated Services: $27,000.00 Hourly rates are as follows: Person/Category Rate per Hour David J. Baab $95.00 Lee Anne Kirby $95.00 Keenan E. Smith $95.00 Staff $50.00 Reimbursable expenses are estimated to be Three Thousand Dollars ($3,000.00). Terms of the proposed agreement to be determined. Total Estimated Services and Reimbursable Costs: $30,000.00 FUTURE SERVICES The following services to be performed on an as needed basis, fees to be standard hourly rate: 1. Design Assistance/Design Review for proposed improvements. 2. Prepare special design and planning studies or perform other consulting tasks at ClienPs explicit request. 3. Participation in additional meetings, workshops or presentations beyond the (8) estimated in the above Scope of Services. #244 Hill Place, Costa Mesa, Ca. 92627 TEL /FAX (714)645 -1455 0 CITY LIGHTS Urban Design DES I G N A LL I AN C E • Architecture Community Planning E 8/21/97 PROPOSAL Project: Mariner's Mile Design Framework Client: City of Newport Beach Contact: Christy Teague, Associate Planner Job No.: 9704.00 Schedule: - A nine month time frame is estimated complete Scope of Services. Actual dates to be determined. Conditions: - (TO BE DETERMINED). Signed: Keenan E. Smith, AIA Principal pale 4 Anne Kirby, A LA �� Principal C� #244 Hill Place, Costa Mesa, Ca. 92627 TEL /FAX (714)645 -1455 • LAW OFFICES OF • LEON ARD HORWIN .t, SOUTH SEVCRLT ORIVC • BEVERLY HILLS, CALIFORNIA 90212 -3066 12131 *72.2 =SO OR 12131 272 -)407 43101 275-Sp9 OR 43.01 274-3320 TCLCIAE 13101 275.7218 Jae 9, 1997 Economic Development Committee City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 ('(tbclVcu .� t PLANNING DEPARTMENT CITY OF NEWPORT BEACH AN JUN 121997 PM 7i8i9t���a��(5(6 RE: Mariners' Mile Business and Citizens Advisory Committee Study Recommendation 4 -2 -97 Horwin- Gordon Properties, Lots 1 -17 inclusive, Tract 1210, City of Newport Beach (100 -600 West Coast Highway) Dear >rriendss 1. The subject property has about 80 foot frontage on Dover and about . 900 feet on West Coast Highway. Councilwoman Norma Glover observed correctly in Daily Pilot 2 -20 -97 that this is "the cornerstone of Mariners' Mile" and "used to be the border of Newport Beach." Treated as an entirety, it is the east gateway corner to Mariners' Mile. 2. under "Specific Goals for Key Development Areass Horwin Property - Inland East at Dover ", the study recommendations describe the area as "an important gateway property for Mariners' Mile and should have landmark archi- tecture for its ultimate development." 3. It is correct as statedt "This property has significant physical constraints unique to the Inland East area of Mariners' Mile including narrow lot depth and sloping terrain at the rear of the lots." 4. The entirety is correctly described as a "high visibility location." Owners are in accord with the purpose "to achieve distinctive development on this high visibility location." 5. Accordingly, our architect, world class Pebble Beach designers Shaw Architecture Planning, Inc. by Steven Chidester AIA of Monterey, is at work on • an architectural Concept for the entirety of the property. 0 0 Economic Development Committee June 9, 1997 Page Two This would maximisi sent of the entirety (i.e. Lots corner ", whether looked at from eastbound on NCH, or from Dover corner. P its environmental benefit and value by treat - 1-17 inclusive, Tract 1210) as a "gateway the east westbound on NCH, or from the west southbound entering at the commencement of the while the concept is of the entirety, it allows for breakup if necessary into, for example, four flagship end users, viz. approximately 30,898 square feet at 100 -300 WCH, 24,074.8 square feet at 320 -400 WCH, 28,737.9 square feet at 410 -500 WCH, and 29,269.6 square feet at 600 WCH. The entirety would be a "Newport Mariners" Rile 2.5 acre PCHfDover Gateway Corner Concept." 6. The foregoing appears to be consistent with your proposed "dev451op as single integrated project of complimentary uses and design ", and "avoid piecemeal improvements which do not maximise the financial benefits to th4s property owners, the City, or the area as a whole." Owners are in agreement also that the City "consider incentives" to the proposed "distinctive development on this high visibility location." To this end: • "Incentives" to "distinctive development" should include: 0 a. Enhanced FAH to maximise the leasable area at street levol. (1) The 12' eventual possible highway widening setback should be treated as part of the FAH basis, as well as credit on parking. (2) The entirety of the recorded property including sloping areas, should be treated as part of the FAR basis, subject of course, to necessary limitations on use of sloping property. b. Sloping areas should be extendable into the slope at least as far back as the rear wall of the adjacent McDonald's Restaurant property on the west and of the Horwin property. c. There should be favorable consideration for heights over the basic maxima, if consistent with the environmental aspects of the area. d. Other required setbacks should be minimised. 7. "Consolidate parcels" if any, should be consistent with the develop- ment Concept. 8. Reduction of "curb cuts" should be avoided, unless consistent with the stated development Concept. • �C Economic Development Committee . June 9, 1997 Page Three 9. In the event of City "fair share" charge for claimed additional traffic caused by development, consideration should be given to reduction or elimination of such "fair share" (Ordinance No. 84F16) charge where possible. Co- O`Wefr, Horwin- Gordon Properties LH /gg ccs Claire Gordon, Co -Owner Ted E. Bean, Property Manager, Horwin- Gordon Properties Steven Chidester AIA, Shaw Architecture Planning, Inc. Noel S. Horwin 40 is &I C 0 0 C -3153 CONSULTANT AGREEMENT THIS AGREEMENT, entered into this �6dl- day of Z z L �, .,•t , 19 17, by and between CITY OF NEWPORT BEACH, A Municipal CorpWation (hereinafter referred to as "City "), and City Lights Design Alliance, , , (hereinafter referred to as "Consultant "), is made with reference to the following: f� KIW�►- RECITALS ,evil t1'ZevA h A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. The principal members of Consultant are Keenan E. Smith, Lee Anne Kirby, and David J. Baab. C. City desires to engage Consultant to perform services described in attached scope of work to assist City in the formulation of urban design elements and planning guidelines and to provide design assistance as recommended by the Mariner's Miles Business and Citizens Advisory Committee. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM The Term of this Agreement shall commence on the day written above and shall terminate upon completion of the scope of work set forth in the proposal of Consultant attached hereto as Exhibit A. 2. SERVICES TO BE PERFORMED Consultant shall perform the tasks set forth in Exhibit A. I „ 0 COMPENSATION TO CONSULTANTS Consultant shall be compensated at the rates set forth in Exhibit A. Billings for services performed, pursuant to this Agreement, shall not exceed $30,000. As requested in writing by City, Consultant shall provide design assistance to proponents of development projects on Mariner's Mile at the hourly rates set forth in Exhibit A. 4. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of the City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the project. TIME OF PERFORMANCE The tasks to be performed by Consultant under and pursuant to this Agreement shall be completed within the time periods provided in Exhibit A. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator, who shall be the City's Assistant City Manager, in advance of all critical decision points in order to ensure that the project proceeds in a manner consistent with City goals and policies. LICENSES Consultant shall have and maintain all licenses required to undertake the services required by this Agreement, including a City of Newport Beach business license. • 9. CONFLICTS 0 To the extent any provisions of this Agreement conflict with Exhibit A, the provisions of this Agreement shall prevail. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. CITY OF NEWPORT BEACH AM aIe orporation By: uti� ti CITY CLERK AtL--- CITY ATTORNEY Ll C I T Y L I C H T S D E S I G N A L L I A N CE Urhan Design Architecture 8/21/97 PROPOSAL Project: Mariner's Mile Design Framework Client: City of Newport Beach Contact: Christy Teague, Associate Planner Job No.: 9704.00 MARINER'S MILE DESIGN FRAMEWORK 0 C o m m u n i t y P l a n n i n e page 1 The intent of the work is to develop a design framework that will guide private sector new development or redevelopment, and public sector improvements in creating a distinctive "sense of place" and image for Mariner's Mile. PROJECT TEAM: The team assembled to provide direct consulting services for this project consists of: David J. Baab of Baab and Associates; Lee Anne Kirby of Kirby & Company and Keenan E. Smith of City Lights Design Alliance. For the purposes of this project, City Lights Design Alliance agrees to serve as Prime Contractor and Team Coordinator, with the other consultants acting as collaborating Subcontractors. Summary resumes for each principal member of the team are included as attachments to this proposal. Additional staff support may be provided upon occasion by Kirby & Company. SCOPE OF SERVICES: Consultant's Scope of Services will be divided into three (3) phases: I - Base Information Collection & Information Analysis, II - Design Framework, and III - Design Framework Implementation Program. Phase I. Base Information Collection & Information Analysis The purpose of this phase is to collect base information and analyze the City's existing program, the site, and the Mariner's Mile Business and Citizens Advisory Committee Study Recommendations. Consultant will: Gather Base Maps, review existing City documents that are pertinent to the study area and become familiar with existing utilities within the public areas. 2. Visit the site and photograph existing conditions. 3. Analyze data collected and identify opportunities and design issues. 4. Consultant estimates up to two (2) meetings, workshops or presentations. Phase II. Design Framework The Consultant will prepare a Mariner's Mile Design Framework addressing the areas defined as Inland East, Inland West, the Bayfront and the "Village." The purpose of the framework is to provide the City with specific urban design objectives that can be used to shape future private and public development so that the Mariner's Mile area is gradually upgraded in a cohesive fashion. The Design Framework will be documented by graphic and written #244 Hill Place, Costa Mesa. Ca. 92627 TEL /FAX (', 14)6-15 -1455 EXHIBIT Ai 0 CITY LIGHTS DESIGN ALL IANCE Urban Design Architecture 8/21/97 PROPOSAL Project: Mariner's Mile Design Framework Client: City of Newport Beach Contact: Christy Teague, Associate Planner Job No.: 9704.00 Phase II. Design Framework, continued... 0 C o m m u n i t y P l a n n i n g material for the Client's use to guide public and private sector development or redevelopment. Consultant will: page 2 1. Develop urban design concepts and identify urban design elements for inclusion in the Design Framework such as: a. Creating a continuum through the use of unifying elements like entry monuments, paving materials, landscape, fences, lighting, etc.; b. Enhancement of way finding for vehicular /pedestrian circulation to parking, businesses, restaurants, shopping and hotels; C. Coordination of building articulation, architectural features, and /or color palette. 2. Prepare overall design framework/identity for Mariner's Mile for the public sector improvements and for use to guide private sector new development and redevelopment based on Scope Item #2. 3. Develop signage program standards to provide parameters and upgrade future signage for public areas and for future private development along Mariner's Mile. 4. Consultant estimates up to four (4) meetings, workshops or presentations. 5. Document the proposed Design Framework by preparing one black and white report in an 8 1/2" x 11" format suitable for copying. This report will contain photographs, plans, diagrams and/or cross - sections, and written material explaining the overall design framework concept. Phase III. Design Framework Implementation Program Based on the Design Framework and in collaboration with the City Staff, the Consultant will: 1. Recommend regulatory and /or other methods of implementing the Design Framework for Mariner's Mile. 2. Identify opportunities within the study area for future infrastructure and capital improvements. 3. Consultant estimates up to two (2) meetings, workshops or presentations. #244 Hill Place, Costa Nleva. Ca. 92621 TELIFAY (714)645 -1455 • • C I T Y L I G H T S D E S I G N A L L I A N C E Urban Dcsign .A r hi t e c t arc Community Planning 8/21/97 PROPOSAL page 3 Project: Mariner's Mile Design Framework Client: City of Newport Beach Contact: Christy Teague, Associate Planner Job No.: 9704.00 COMPENSATION FOR PROFESSIONAL SERVICES These services will be billed to you under our job number 9704.00 on an hourly basis not to exceed Twenty -seven Thousand Dollars ($27,000.00) without further authorization. Fees are estimated as follows: Phase I. Base Information Collection and Information Analysis $5,000 Phase II. Design Framework 18,500 Phase III. Design Framework Implementation Program 3,500 Total Estimated Services: $27,000.00 Hourly rates are as follows: PersonlCategory David J. Baab Lee Anne Kirby Keenan E. Smith Staff Rate per Hour $95.00 $95.00 $95.00 $50.00 Reimbursable expenses are estimated to be Three Thousand Dollars ($3,000.00). Terms of the proposed agreement to be determined. Total Estimated Services and Reimbursable Costs: $30,000.00 1 FUTURE SERVICES The following services to be performed on an as needed basis, fees to be standard hourly rate 1 . Design Assistance /Design Review for proposed improvements. 2. Prepare special design and planning studies or perform other consulting tasks at Client's explicit request. 3. Participation in additional meetings, workshops or presentations beyond the (8) estimated in the above Scope of Services. #244 Hill Place. Co >ta Nlesa, Ca. 92627 TEL /FAX (714)645 -1455 CITY LIGHTS DESIGN ALLIANCE Urhan Design Arc It lcc tore 8/21/97 PROPOSAL Project: Mariner's Mile Design Framework Client: City of Newport Beach Contact: Christy Teague, Associate Planner Job No.: 9704.00 Community Planning Schedule: - A nine month time frame is estimated complete Scope of Services. Actual dates to be determined. Conditions: - (TO BE DETERMINED). Signed: Keenan E. Smith, AIA �. Principal page 4 ee Anne Kirby, A LA Principal #244 Hill Place, Costa Mesa. Ca. 92627 TEL /FAX (714)645 -1455 0 C I T Y L I G H T S D E S I G N ' A L L I A N C E U r h a n D e s i g n A r c h i t e c t u r e DAVID J. BAAB, AIA. 9 C o m m u n i t y P l a n n i n g Consultant in development standards and design review with more than twenty years of experience in urban design and architecture in Southern California, Ohio, and Florida. Principal, Baab & Associates, Newport Beach, CA, 1988 - present Development standards, design guidelines, design review, design upgrades, and design monitoring for The Irvine Company, Disney Development Company, Carson/Watson Companies, University of California, Catellus, County of Orange, and other landowners, property managers, developers, builders, and community associations. Manager, Urban Planning and Design, The Irvine Company, Newport Beach, CA 1984 -88 Master planning, design guidelines, site planning, architecture, landscaping, and planning research for new residential communities in Irvine, CA. Major project: Westpark, an 800 -acre Mediterranean residential community in Irvine, CA. Project Manager, The Blurock Partnership, Architects and Planners Newport Beach, CA 1980 -84 Architectural design development, production, and construction administration. Major project: Orange County Performing Arts Center, a 3000 -seat theater in Costa Mesa, CA. Urban Design Intern, City of Cincinnati, 1979 -80 Architectural Intern, Walt Disney Imagineering, 1978 -79 Master of Business Administration, University of California, Irvine Bachelor of Architecture, cum laude, University of Cincinnati Advisory Committee Member, Eos Institute, Laguna Beach, CA Member, American Planning Association Associate Member, the Urban Land Institute Member, American Institute of Architects/Orange County Chapter (Officer 1989 -90) Founding Member, Urban Design Committee, American Institute of Architects /Orange County Member, National AIA Regional and Urban Design Committee Member, National AIA Corporate Architects Committee Participant, AIA Regional/Urban Design Assistance Teams: San Clemente, Tustin, Santa Ana, Garden Grove Lecturer in Urban Design, Masters Program, Urban and Regional Planning, UCI, Irvine, CA. Guest Design Critic, California State Polytechnic Institute, Pomona, CA Guest Speaker, Institute of Traffic Engineers, Los Angeles, CA Presenter, International Symposium on Design Review, Cincinnati, OH Registered Architect, State of California #244 Hill Place. Costa Mesa. Ca. 92627 TEL /FAX (714)645 -1455 E C I T Y L I G H T S D E S I G N A L L I A N C E Urban Design Architecture LEE ANNE KIRBY, A.S.L.A. 0 Community Planning Lee Anne Kirby is a landscape architect with extensive experience in all aspects of professional practice including land use planning, site planning, design, construction document preparation, construction observation and project management. Her project experience has included retail, mixed -use, office, industrial, campus, hotel, resort, ecclesiastical and residential projects. Working for several years with the SWA Group in both Dallas, Texas, and Laguna Beach, California, Ms. Kirby was responsible for large land planning projects, major commercial developments, the preparation of design guidelines and land use studies, and the implementation of community entries and streetscapes. She was in charge of the landscape design and project management for Western Digital Corporate Headquarters, a 14 -story office building by Kohn Pederson Fox located in Irvine, California. Her responsibilities included all site work for this fast -track project, and she was instrumental in the City of Irvine entitlement process, gaining City Master Plan approval in 4 -1/2 months. In the area of landscape renovation, Ms. Kirby was involved in such projects as the Fashion Island Renaissance in Newport Beach, and La Jolla Gateway office complex in La Jolla, California. She has been the project landscape architect for a range of large -scale developments including a 640 -acre golf course community in Indian Wells, California; the Mission City Landscape Master Plan, a 240 -acre mixed -use office development in San Diego; Phase I of Mission City Corporate Center, which involved full services through construction for a 19 -acre office campus; and Rancho Malibu Hotel in Malibu, California, a 300 -key resort hotel reminiscent of a Mediterranean Village. Ms. Kirby was the landscape architect for the Market Place II, a forty -nine acre regional retail center in Irvine, California that is the second phase of the award- winning Tustin Market Place designed by Ricardo Legoretta. This 1.9 million dollar retail center landscape is being constructed under fast -track conditions and is scheduled for completion in late 1996. For the past three years she has been engaged in the planning and design of a multi - phase, flex - tech campus for the Corporate Business Center in Irvine, California, the first project built by The Irvine Company in Irvine Spectrum since 1989. More recently, she has provided entitlement, site planning and design services for Irvine Spectrum Parcel 31, a six building office complex and for Irvine Spectrum One, a ten building office campus, both located in Irvine, California. Education Bachelor of Landscape Architecture, University of Arkansas School of Architecture Studies in Botany and Literature, Hendrix College Professional Affiliations Licensed Landscape Architect, California #3753 Licensed Landscape Architect, Arkansas #131 Member, American Society of Landscape Architects #244 Hill Place. Costa Mesa. Ca. 92627 TEL /FAX (714)645 -1455 C I T Y L I G H T S D E S I G N A L L I A N C E U r b a n D e s i g n A r c h i t e c t u r e C o m m u n i t y P l a n n i n g LEE ANNE KIRBY, A.S.L.A. Professional Affiliations continued... Guest Lecturer in Urban Design, Masters Program, Urban and Regional Planning, University of California, Irvine, California Guest Lecturer in Landscape Design, Landscape Architecture Certificate Program, University of California Extension, Irvine, California Past Board Member, Cameray Pointe Association, a 114 - member homeowners association in Laguna Niguel, California Participant, Mariner's Mile Business and Citizens Advisory Committee, Newport Beach, California #244 Hill Place, Costa Mesa, Ca. 92627 TEL /FAX (714)645 -1455 C I T Y L I G H T S D E S I G N A L L I A N C E U r b a n De s i g n A r c hi t e c t u r e C o m m u n it y P l an n in g KEENAN E. SMITH, AIA Keenan Smith is principal director of City Lights Design Alliance, a coalition of design professionals collaborating on a project basis to do selective new work in urban design, architecture and community planning. Prior to establishing City Lights Design Alliance, Mr. Smith was Manger of Urban Planning and Design for the hvine Company in Orange County, California, where he had community planning and urban design responsibilities for advanced entitlement and planned community developments of up to 8,000 dwelling units. Mr. Smith is a registered architect, and is active with the American Institute of Architects, as Co -Chair of the Orange County Chapter's Urban Design Committee. He earned a Masters of Architecture in Urban Design degree with Distinction from Harvard University's Graduate School of Design, where he also received awards for the Greatest Overall Achievement in Urban Design as well as the Urban Design Thesis Prize. Education Harvard University, Graduate School of Design 1988 -90 Master of Architecture in Urban Design - with Distinction - Urban Design Thesis Prize - Award: Greatest Overall Achievement in Urban Design University of Texas at Austin 1974 -80 Bachelor of Architecture - with High Honors Professional Experience The Irvine Company, Newport Beach, CA 1990 -92 Manager, Urban Planning and Design CRSS Architecture Group, Houston and Orange County 1980 -88 Project Director, Associate Director of Construction Administration: Western Region Construction Administrator Affiliations Registered Architect - State of Texas 1983 Texas Board of Architectural Examiners #9804 (N.C.A.R.B. certification pending) American Institute of Architects - Orange County Chapter: Urban Design Committee Rice Design Alliance - Houston, Texas Teaching Appointments Adjunct Associate Professor - University of Southern California: Los Angeles, CA 1993 #244 Hill Place. Costa :Mesa. Ca. 92627 TEL /FAX (714)645 -1455