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HomeMy WebLinkAbout08 - PSA to Develop a Revitalization Master Plan for Mariners' MileP0 m CITY OF z NEWPORT BEACH cl't City Council Staff Report </ FO RN May 24, 2016 Agenda Item No. 8 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Kimberly Brandt, Community Development Director - 949-644-3232, kbrandt@newportbeachca.gov PREPARED BY: Brenda Wisneski, Deputy Community Development Director — bwisneski@newportbeachca.gov PHONE: 949-949-644-3297 TITLE: Professional Services Agreement to Develop a Revitalization Master Plan for Mariners' Mile ABSTRACT: Mariners' Mile has been identified as an area needing revitalization. With completion of the study evaluating roadway capacity requirements for West Coast Highway, it is appropriate to evaluate existing land use policies and regulations which may inhibit revitalization of the area. RECOMMENDATION: a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; b) Award Professional Services Agreement to PlaceWorks in the amount of $206,922, and authorize the Mayor and the City Clerk to execute the contract; c) Approve Budget Amendment No. 16BA-041 transferring $64,610 from Services Professional & Technical NOC (Account No. 0105042-811008) to the Mariners' Mile Highway Configuration/Land Use Review (Account No. 01001928-980000-15T06); and transferring $51,770 from City Manager Professional Services (Account No. 01020005-811008) to the Mariners' Mile Highway Configuration/Land Use Review (Account No. 01001928-980000-15T06). FUNDING REQUIREMENTS: There is currently $90,542 available in the account designated for circulation and planning efforts in the Mariners' Mile Highway Configuration/Land Use Review account. Upon approval of the budget transfers stated above, there will be $206,922 available to fund development of the Mariners' Mile Revitalization Master Plan. 8-1 Agreement to Develop a Revitalization Master Plan for Mariners' Mile May 24, 2016 Page 2 ���i�l+��C�l`► E In 2011, the City Council recognized the need to revitalize Mariners' Mile and designated it as one of six "revitalization areas." Work in the other areas, including Corona del Mar, Balboa Village, Lido Village, West Newport, and Santa Ana Heights are well underway and in some instances completed. In 2014, the Congress for the New Urbanism conducted a five day planning and design charrette focusing on Mariners' Mile which tested new ideas to improve the corridor. As an extension of the Pacific Coast Highway corridor study conducted by the Orange County Transportation Authority (OCTA), the City recently completed an assessment of roadway capacity needs and alternative configurations for West Coast Highway between Dover Drive and Newport Boulevard. The 2014 Bicycle Master Plan also provides a broad vision, as well as strategies and actions, to improve conditions for bicycling throughout the City. It is appropriate at this time to comprehensively evaluate the recently completed studies, as well as existing land use policies and regulations, to identify potential refinements or barriers to revitalizing the area. To assist in these efforts, a Request for Proposals was distributed to twenty-eight consultants (including the consultants who assisted in the charrette process) who have relevant expertise in this field. Following the receipt of two proposals, Community Development and Public Works staff interviewed both teams and recommends selecting PlaceWorks based on their land use planning expertise and understanding of the City of Newport Beach. The project scope includes the following tasks and will occur over a six to nine-month process. A detailed scope is attached to the agreement provided as Attachment A. • Public Engagement — including stakeholders interviews and workshops • Evaluate existing policies & regulations — what's working, what's not • Development standard changes or incentives • Parking Management — is this an obstacle to redevelopment? • Urban Form Visual Simulations of potential development scenarios • Pedestrian and bike connections, as well as street design • Public Meetings with Planning Commission and City Council ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). 8-2 Agreement to Develop a Revitalization Master Plan for Mariners' Mile May 24, 2016 Page 3 ATTACHMENTS: Attachment A — Professional Services Agreement Attachment B — Budget Amendment 2XI Attachment A Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT WITH PLACEWORKS, INC. FOR MARINER'S MILE REVITALIZATION MASTER PLAN THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 24th day of May, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and PLACEWORKS, INC., a California corporation ("Consultant"), whose address is 3 MacArthur Place, Suite 1100, Santa Ana, California 92707, and 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 prepare the Mariner's Mile Revitalization Master Plan ("Project"). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth 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 Effective Date, and shall terminate on May 31, 2017, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be M;� performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Two Hundred Six Thousand Nine Hundred Twenty Two Dollars and 001100 ($206,922.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. PlaceWorks, Inc. Page 2 .. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B, 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Woodie Tescher to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Community Development Department, Planning Division. City's Deputy Community Development Director or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 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 community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work PlaceWorks, Inc. Page 3 ., conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 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, 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. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. 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. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are PlaceWorks, Inc. Page 4 .s limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for 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 over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. 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. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: 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. Control means fifty percent (50%) or more of the voting PlaceWorks, Inc. Page 5 ,. power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, 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. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. PlaceWorks, Inc. Page 6 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular 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 to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant 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 designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. 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 what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. PlaceWorks, Inc. Page 7 8-11 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 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 any 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. 24.2 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 immediate 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. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of 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. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Brenda Wisneski, Deputy Community Development Director Community Development Department, Planning Division City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Woodie Tescher PlaceWorks, Inc. 3 MacArthur Place, Ste. 1100 Santa Ana, California 92707 PlaceWorks, Inc. 8-12 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party falls or refuses to perform any of the provisions of this Agreement at the time and in the manner required, 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) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. PlaceWorks, Inc. Page 9 8-13 28.3 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. 28.4 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. 28.5 Conflicts or Inconsistencies, In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 28.11 No Attorneys'ees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] PlaceWorks, Inc. Page 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTOR EY'S OFFICE Date: 5 i z % / (a By; 4 1 Aaron . Harp City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk CAO GrJajly CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Diane B. Dixon Mayor CONSULTANT: PlaceWorks, Inc., a California corporation Date: Bv: Woodie Tescher Principal Date: BY: Keith McCann Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements PlaceWorks, Inc. Page 11 8-15 EXHIBIT SCOPE OF SERVICES PlaceWorks, Inc. Page A-1 B. Methodology WORK PLAN This section describes the scope of services to be completed by PlaceWorks for Mariners' Mile Revitalization Master Plan. To facilitate your review of this proposal, we have prepared a concise scope that emphasizes key components of our approach to this project. This chapter also includes PlaceWorks" proposed schedule for completion, which is shown in Figure 1. The work program is structured to ensure that project objectives and outcomes described in the City's Request for Proposal (RFP) are fully realized in a timely manner. We are flexible regarding the proposed scope of work and will work with you to prepare a more detailed scope when we enter into a contract. We have proposed an integrated plan approach that combines the multiple plan elements and issues to be addressed, as well as an efficient approach to the start-up and administrative tasks. TASK 1.0 PROJECT INITIATION AND COORDINATION This task will set the stage for the Mariners' Mile Revitalization Master Plan. Here we will conduct a kick-off meeting, confirm the work program and schedule, establish project coordination procedures, and learn about key planning objectives and issues through an engaged conversation with City staff and tour of the study area. We will also work with staff in establishing processes and a schedule for work with the Mariners' Mile Oversight Committee (MMOC), benchmark sessions with the Planning Commission, and City Council hearings. Task 1.1 Kick-off Meeting with City Staff The project kick-off meeting is a crlticai event in shaping a successful Mariners` Mile Revitalization Master Plan Members of the PlaceWorks team must work in close collaboration with City staff and community stakeholders if the work is to be completed with the desired quality and within the time and budget allowed. The kick-off meeting will allow the consultant and staff to: Introduce consultant and City staff to be involved in the work program and their responsibilities. Review and confirm work program objectives, tasks, products, and schedule. Discuss recent or current studies, plans, and/or planning -efforts that may contribute orsupport the work program. Review General Plan goals, policies, and implementation programs for the Mariners' Mile study area and discuss their implications for the work program. Review plan options for the improvement of Coast Highway and discuss their implications for the work program. Establish points of contact for the project. Establish a communication plan for City and PlaceWorks staff, including regular phone meetings, regular in-person meetings, and other communication protocols. Establish protocols for the submittal and review of consultant work products. Deliverables: — Kick off meeting agenda and meeting minutes — List of recent or current studies, plans, and/or planning -related efforts — Project data needs list Iti1 I A F +��y,,wlf/'yjt•If� '�,� PROPOSAL FOR SERVICES I PLACEWORKS d-1 8-17 B. Methodology Task 1.2 Field Tour of Mariners' Mile Study Area Preferably on the same day and following the kick-off meeting, we will participate in a field tour of the Mariners' Mile study area guided by City staff. This will provide the opportunity for staff to share their insights and observations about issues and opportunities to be addressed in the planning process. To the extent feasible, we recommend that the tour be accomplished primarily by walking, particularly in the core areas flanking Avon Street. Logistically, we recognize that the entire corridor is not walkable, requiring some areas to be toured in a van. We will work with City staff to develop an itinerary of points to be observed, the route, and a guidebook summarizing pertinent issues and planning objectives. 1' •� Oji. fif51 r r. r I.r_ :h Deliverables: Tour guidebook Note of field observations Task 1.3 Public Engagement Work Program Placeworks will work with City staff in organizing, facilitating, and documenting public outreach and engagement activities including three public workshops and stakeholder meetings. The public workshops will be conducted at benchmarks to discuss and receive input for key topics addressed in the work program (land use, streetscape improvements, parking management, transfer of development rights, and other). PlaceWorks will meet with staff to develop workshop agendas; prepare Flyers and notices, presentation media, and input and comment forms; and participate in their conduct. Meeting materials will include memoranda discussing key project topics, plan maps and illustrative graphics, and PowerPoint presentations. It is assumed that staff will be responsible for securing meeting venues, distributing workshop flyers and notices, and preparing summaries of workshop input. Additionally, PlaceWorks and with City staff will meet periodically with interested stakeholders in the Mariners' Mile area to become knowledgeable of their objectives for the area's future and possible development proposals, to test the practicality and acceptance of ideas generated during the planning process, and to provide feedback to help inform plans reflective of the vision and standards established for the area. For property owners and developers, this process will be comparable to PlaceWorks staff's role in providing input to the Ardell team for proposals in the Mariners' Mde area and property owners in the Airport Area during preparation of the General Plan approved in 2005. It is assumed that City staff will be responsible for securing meeting venues, distributing agendas and materials, and preparing summaries of B-2 CITY Of NEWPORT BEACH I MARINERS' MILE REVITALIZATION MASTER PLAN meeting input. For the purpose of the budget, it is assumed that PlaceWorks will participate in a maximum of eight stakeholder meetings. Deliverables: — Oversight committee agendas, discussion papers, and PowerPoint presentations — Summaries of workshops and stakeholders meetings—issues addressed and recommendations Task 1.4 Project Administration and Schedule After the kick-off meeting, PlaceWorks will prepare a project management plan providing a detailed schedule of tasks, deliverables, and responsibilities; a system to track, monitor, and report performance, protocols for submittal and review of work products; and formats for submittal of invoices to the City. Tasks will be assigned to staff weekly, progress reported monthly, and schedule reviewed and updated periodically, The project management team will participate in regularly scheduled conference calls or in-person meetings with City staff to review project progress and schedule future tasks. The project schedule will define the sequence and critical path for performance of work tasks, including document submittal deadlines to the Cityy. City staff review periods, and time frame for revision of draft documents in response to comments received from staff. It will also establish the schedule for oversight committee meetings, Planning Commission study sessions and public hearings, and City Council hearings. Deliverables: — Project management plan — Final work program and schedule Task 1.5 Document and Mapping Templates PlaceWorks will develop a design template for digital files and hard copy reproduction of working memoranda and studies and GIS mapping products to ensure a consistent image and quality forthe project developed in the planning process. This will address such items as layout, fonts, order of headings, photographs and illustrations, and use of info -graphics. We will provide the City with example layouts, develop a mock --up of the preferred design, and create final templates. For all GIS -related analysis and map exhibit work products, PlaceWorks uses ArcMap 10.3.1. During this phase, the project team will work with City staff to establish data transfer protocols, data format parameters, database schemas, and metadata formats. Deliverables: — Document layout examples — Mock-up of recommended template — Final templates Task 1.6 Data Gathering and Review The PlaceWorks team will review and analyze the pertinent planning documents, City standards, and design requirements in order to better understand the overall context for preparation of the Master Plan, ensure consistency with community values as expressed in these documents, and extract relevant data for use in this project. PlaceWorks' team will review the City's GIS files and collect and evaluate B. Methodology PROPOSAL FOR SERVICES I PIACEWORKS B-3 M-Ift B. Methodology existing data and analyses applicable to the Mariners' We Revitalization Master Plan development, including, but not limited to: » Newport Beach General Plan, with particular focus on the Vision Statement and goals and policies or the Mariners' Mile subarea r> Newport Beach Zoning Code » Municipal Code Section 20.58, Transfer of Development Rights » Newport Beach Ceastal Land Use Plan Mariners' Mile Strategic Vision and Design Framework >> Newport Beach Bicycle Master Plan » Congress for New Urbanism Mariners' Mile Charrette Report >> Existing land use maps Exiting buHlrg footprint maps » Existing parking maps, as available >s Built drawings and utility plans for improvements in Mariners' Mile study area a Concept drawings and, if available, CAD base drawings of Pacific Coast Highway lane improvements » Existing topographic maps Deliverables: — List of document and data needs and compiled resources TASK 2.0 EXISTING CONDITIONS ANALYSIS In this task, PlaceWorks will review analyses conducted as part of the review of previous documents, geospatial files, and other pertinent studies available from the Cfty, and develop a profile of existing conditions and planning and design issues, This profile will serve as the framework for formulating land use, streetscape, parking, and related strategies for Mariners' Mile. Task 2.1 General Plan and Zoning Code PlaceWorks will review the existing General Plan and document its descriptive vision for the future of the Mariners' Mile area and applicable goals, policies, land use designations and development standards (floor area ratio and dwelling units per acre). For each applicable Zoning Code land use classification, we will document allowable land uses and property development standards (lot area and width, density, floor area ratio, setbacks, open space, heights, landscape, on-site parking, and signage). We will also describe the code's applications, requirements, and processes for Transfer of Development Rights. Deliverables: — Memorandum documenting applicable General Plan and Zoning Code regulations and development standards Task 2.2 Land Use We will develop a prcfile describing existing and anticipated land uses fn the Mariners' Mile study area based on GIS files and other resource documents available from the City. Analyses will include: Existing land uses will be documented by type (retail sales, marine -related, restaurant, neighborhood service, public, and so on), Distinct subareas within the Mariners' Mile study area will be differentiated, such as automobile -related commercial, coastal and harbor -related uses, local/ neighborhood serving uses, and so on. B-4 CITY OF NEWPORT BEACH I MARINERS' MILE REVITALIZATION MASTER PLAN %Wl Planned and entitled development projects will be identified and described, summarizing their permitted uses, buildout square footage and/or residential units, physical characteristics (footprint and height.), parking, public improvements and amenities, and anticipated schedule for construction. Opportunity Sites for redevelopment, intensification, and/or adaptive reuse will be identified based on input from City staff and requests from property owners (e.g., new owners of former Ardell properties. Land use districts adjoining and linked to the Mariners' Mile study area will be documented, including residential neighborhoods on the bluffs, Newport Harbor, Lido Village, and Cannery Village. lir Dellverobles: - Maps depicting existing uses, districts, entitled development projects, and development opportunity sites Text and tables describing existing uses, districts, entitled development projects, and development opportunity sites Task 2.3 Urban Form and Community Character Elements contributing to Mariners' Mile built environment, character, and urban form will be evaluated based on a field tour of the study area, review of aerial photographs, and geospatial information available from the City. We will document the following elements. 2.3.1 Development Form and Stale PlaceWorks will develop a profile of the existing built environment in the Mariners' Mile area through the use of plan maps, photographs, and illustrations. Characteristics to be inventoried will include: Building footprint/lot coverage. Building heights. Parking location and access. Entry points to Mariners' Mile along Coast Highway, Newport Boulevard, and Dover Drive and elements contributing to their identities (signage, landscape, building form, and so on). 2.3.2 Urban Form Visualization and Vie wshed Analyses Place Works proposes to prepare a base map utilizing the City's existing datasets to depict plan area boundaries, street rights-of-way, existing lane configurations, crosswalks, medians, conceptual locations of key infrastructure, locations of on - street parking, and additional relevant features necessary to begin discussion about urban form, building footprint, and streetscape design options for Mariners' Mile. B Methodology PROPOSAL FOR SERVICES I PLACEWORKS B-5 8-21 B Methodology Additionally, PlaceWorks will develop a series of 3D point -of -view perspective visualizations that depict existing as -built conditions overlaid with the permitted building envelopes (regulatory volumes) to illustrate buildout massing and building height potential based on current permitted development standards. They will also illustrate potential impacts to viewsheds from residences along the bluffs to the harbor frontage and viewsheds from Coast Highway to the bluffs and to the harbor frontage. Working with City staff, the PlaceWorks team will secure all requisite GIS and/or CAD files to develop the base map and define up to three locations to provide viewshed simulations. All final map documents and associated datasets will be provided as Esri- compliant fifes in the agreed-upon file and metadata schemas established in Task 1.5. ■� Deiiverobles, - Maps, visualizations, and text documenting existing urban form elements Task 2.4 Streetscape PlaceWorks will conduct a half-day site tour to complete a high-level review of existing streetscape conditions. We will characterize the existing streetscape and pedestrian network and identify any vital pedestrian activity centers and local characteristics that contribute to the area's unique character. We will document locations of pedestrian access and safety issues along and across Coast Highway through the Mariners' Mile corridor, focusing on the area between Tustin Avenue and Riverside Avenue, including Avon Street, We will also identify opportunity sites for public open spaces and potential connections to parking, residential neighborhoods, the bay, and other surrounding uses to create an accessible and attractive corridor. PlaceWorks will include review of the following streetscape conditions in the central focus area: Street and roadway types and characteristics Alley functionality and condition Condition of the existing sidewalk, curbs, and gutters at key locations Preliminary assessment of driveways and curb ramps at key locations Existing street trees Pedestrian circulation and crossings PlaceWorks will include review of the folbwing streetscape conditions along Pacific Coast Highway throughout the Mariner's Mile corridor: B -b CITY OF NEWPORT BEACH I MARINERS' MILE REVITALIZATION MASTER PLAN 8-22 Edges, gateways, landmarks, and natural features Overall landscape character Bus stops Visual and activity focal points Deliverables: — Maps, photographs, and annotated diagram of existing streetscape elements Task 2.5 Mobility and Connectivity PlaceWorks will assess mobility and connectivity issues in the Mariners' Mile area through a review of street, bicycle, and pedestrian improvement plans and existing City policy documents, including the General Plan Circulation Element and Bicycle Master Plan, and any other relevant documents as identified by City staff. Information assembled in this task will be used in subsequent tasks to identify public realm improvements that would enhance multimodal mobility and improve safety for all modes throughout the Mariners' Mile area, as well as better connect the village to the bayfront and community activities. This assessment will suggest the location of potential routes, mitigations to existing constraints, and priorities for project implementation. Deliverables: — Memorandum on mobility improvements for the Mariners' Mile area Task 2.6 Parking To determine proper utilization of parking in the Mariners' Mile area, we will assess existing parking requirements in the City's Zoning Code; existing parking survey data collected for the area; and planned near-term street improvements, including any removal of on -street parking spaces as a result of these improvements. We will assess the extent to which existing parking demands/utilization exceed or are less than the number of code -required spaces, cumulatively throughout the area and for selected land use categories. We will evaluate the extent to which existing parking lots are not fully utilized and may offer opportunities to be linked with adjoining lots for a more efficient parking layout. Based on the analysis in this task, a memorandum will be prepared that will maximize parking utilization and may include modification of existing parking code requirements in specific areas of Mariners' Mile. Deliverables: Memorandum assessing parking code requirements, identifying opportunities for modifications and/or reductions to existing requirements Task 2.7 Existing Conditions Report and Diagrams An existing conditions report will be prepared to serve as the baseline resource and reference for planning throughout the work program. The report will outline the results of the existing conditions tasks, including land use, urban form, streetscape, mobility/connectivity, parking, and policy and regulatory analyses. The findings will be collected, mapped, and compiled into several existing conditions diagrams, which will be used as references during the planning process, stakeholder meetings, public workshops, Planning Commission study sessions, and City Council presentations. Background information and findings documented in the existing conditions report will be presented at a public workshop. We will engage the community in discussion of the implications of these findings for planning the future of the Mariners' Mile area. This will provide an important benchmark for developing and testing options B Metliodology PROPOSAL FOR SERVICES I PLACEWORKS B-7 8-23 B. Methodology and selecting preferred revitalization strategies in subsequent work tasks. A study session will be conducted with the Planning Commission to review the report and discuss directions emerging from the public workshops. Deliverables: — Screencheck draft existing conditions report and diagrams — Draft report, incorporating revisions prepared in response to City comments Final report — PowerPoint presentations for public workshop and Planning Commission study session TASK 3.0 MASTER PLAN DEVELOPMENT The PlaceWorks team will develop a comprehensive program of revitalization strategies and implementation actions for the Mariners' Mile area in response to findings of the existing conditions report. This will evolve through an iterative cycle of: » Consultant team workshops with City staff. » Documenting preliminary revitalization strategies in topic -oriented discussion papers (permitted/prioritized land uses, parking district, pedestrian and streetscape design, transfer of development rights, and so on). » Reviewing topic discussion papers in stakeholder meetings and public workshops. » Revising strategies and actions based on stakeholder and public comments, >> Conducting study sessions with the Planning Commission to review groups of topic -oriented strategies. » Finalization of strategies and actions for inclusion in the Master Plan. Task 3.1 Vision Statement and Permitted Land Uses The adopted General Plan's policy overview forthe Mariners' Mile subarea describes a vision for evolution of the corridor into distinct retail, mixed-use, and visitor - serving centers, with pedestrian -oriented improvements on inland properties and a promenade along the harbor frontage. In this task, PlaceWorks will review and confirm the appropriateness of this vision and the General Plan's goals, policies, land use designations, and table of permitted uses and development densities/intensities in light of the existing conditions analyses and input from community stakeholders and a public workshop. If necessary, amendments to the text will be identified. Additionally, we will review the list of allowable uses defined in the Zoning Code and assess their appropriateness in the context of the General Plan and community values, as well as the economic marketplace conditions. We will evaluate whether the list needs to be more or less restrictive and more or less flexible based on these factors. If changes are warranted, we will develop a list of proposed amendments. Deliverables: — Draft Mariners' Mile vision statement — Draft list of permitted land uses, updating General Plan Table LU -1 and Zoning Code specifications 3-8 CITY OF NEWPORT BEACH I MARINERS' MILE REVITALIZATION MASTER PLAN rj it Task 3.2 Urban Form and Development Plans and Standards 3.2.1 Development and Urban Form PlaceWorks will develop schematic diagrams depicting potential layouts and configurations for development in the Mariners' Mile area. These will reflect principles for the physical form and character established in the vision statement, emphasizing development of distinct places or districts such as the "village center," highway - oriented corridor, and harbor -related corridor. A plan graphic will be prepared depicting the elements around which buildings will be organized, such as streets, pedestrian corridors, highway crossings, public open spaces/parks, and harbor - oriented amenities. Building locations will be overlaid on this framework, depicting their relationships to street frontages and adjoining properties, lot coverage, and parking 4ocations. Initial concept plans will be presented at stakeholder meetings and public workshops, and a final pBan selected and refined in response to comments received. 3.2.2 Urban Form Visual Simulations Building upon the base map developed in Task 2.3.2, PlaceWorks proposes to prepare a series of visualizations that depict potential land -use scenarios. PlaceWorks will develop a series of 3D point -of -view perspective visualizations that depict potential development, building form and massing at build -out conditions, and potential building envelopes (regulatory volumes) to illustrate the potential impacts to viewsheds from residences along the bluffs to the harbor frontage and to viewsheds from Coast Highway to the bluffs and to the harbor frontage. Example Before and After Visual Sirnuiations (Imperial Beach) I B. Methodology .:'�.} 1 '1 r�+rl.rr it f Example Site Plan and Bulding Massing Concept Plans .:, #A- 4% 1 PROPOSAL FOR SERVICES I PLACEWORKS B-9 .3F B. Methodology Y) f W4toll wI` Example Site Development Concept All final map documents and associated datasets will be provided as either Esri- cornpliant files in the agreed-upon file and metadata schemas established in Task 1.5 and/or digital files pursuant to the agreed-upon file formats. Deliverables: - Maps, visualizations, and text documenting potential urban form elements Task 3.3 Development Opportunity Sites Comparable to the work completed for the 2006 General Plan (Airport Area), we will identify key parcels representing opportunities for revitalization and develop concepts for these reflecting the plans and standards developed in the preceding work tasks. While generalized concepts will be identified for targeted properties throughout the area, for the purposes of the budget we anticipate an interactive effort with property owners of one or two key opportunity sites. This would be comparable to our interaction with the representatives of the proposed development of the Ardell Yacht properties during the 2006 General Plan process, where development proposals were reviewed by the consultant and City staff and modifications recommended to achieve intentions for use, site layout, and maintenance of viewsheds and pedestrian access to Newport Harbor. We will work with City staff in selecting these and anticipate to work in a comparable process for this task. Deliverables: Memorandum summarizing planning and design principles and preliminary standards as input for property owner's and developer's site development planning Summaries of property owner and developer meetings Task 3.4 Pedestrian Network and Streetscape Design In this task, PlaceWorks will develop streetscape improvement concepts for the Mariners' Mile planning area. The following strategies will focus on improvements to streets in the central area of Mariners' Mile between Tustin Avenue and Riverside Avenue, including Avon Street: r !It Example Streetscape Design Concepts Sidewalk network, taking into consideration connectivity to retail, restaurants, visitor serving centers, and surrounding residential neighborhoods. Pedestrian crossings across Coast Highway and potentially across the bay. Activation of smaller side streets to encourage pedestrian and retail activity. Locations of on -street and off-street parking. Conceptual landscape guidelines for areas along property setbacks, medians, and sidewalks. Conceptual ideas for public open spaces such as gateway plazas. B-10 CITY OF NEWPORT BEACH I MARINERS' MILE REVITALIZATION MASTER PLAN %M For the overall Mariner's Mile corridor, we will identify wayfinding, landscape concepts, and signage that enhance Mariners' Mile's unique maritime identity. Graphics—including a pedestrian circulation map, "zoomed -in" plan drawings, up to two photo simulations, and cross -sections ---will be produced to illustrate these improvements for the central area. Street sections only will be provided for conceptual improvements to the overall corridor. All of these graphic inputs will be useful in future review of public streetscape improvements as well as in procuring funding for such projects. The strategies and actions will consider opportunities and constraints for potential improvements. Since these improvements will likely be proposed within state right-of-way, PlaceWorks will work with the City to address future coordination with Caltrans. Deliverables: Screencheck discussion memo, with illustrations, in two parts: the pedestrian network and streetscape design in the central study area and the overall wayfinding and landscape concepts for the Mariner's Mile corridor Draft discussion memo, incorporating revisions prepared in response to City comments Final discussion paper, incorporating comments received during stakeholder meetings and public workshops Task 3.5 Bicycle Facilities PlaceWorks will prepare recommendations for improvements to existing bicycle facilities and new facilities in the Mariners' Mile neighborhood, presenting information for the future network as a clear and attractive map and described in concise language. Projects mentioned in the City's recently adopted Bicycle Master Plan (BMP) will be incorporated into the effort to ensure consistency with City policy, as well as identification of projects that will complete the bike network internally in the neighborhood. Proposed bicycle facility improvements will also be coordinated with near-term and future streetscape infrastructure improvements, including those proposed in Task 3.4, Deliverables: Map of proposed bicycle facilities Prioritized list of project improvements Task 3.6 Parking Standards and Management Plan Based on analyses conducted for Task 2.6, we will make recommendations on how parking requirements can be updated to ensure adequate offsite parking is provided while encouraging economic development and investment in Mariners' Mile. Updated regulations that may be considered as part of the study include: Revision of existing parking minimums Incorporation of mixed-use or shared parking requirements Revision of design or development review standards Additionally, PlaceWorkswill determine the feasibility ofconstructinga parkingdistrict and/or parking management plan, and will present a set of policy recommendations that will best accomplish effective use of parking resources while maintaining constituent support. We may also assess and discuss with the MMOC, after discussion with City staff, the appropriateness of a range of best practce strategies to complement the parking management plan for implementation in Mariners' Mile A final program of recommendations for the Mariners' Mile parking standards and PROPOSAL FOR SERVICES I PLACEWORKS B-1 1 8-27 B. lvleH-io+dology management plan will be prepared in consideration of the comments received from City Staff and MMOC. Deliverables: - Analysis of the feasibility for establishing a parking district - Draft parking management plan Task 3.7 Transfer of Development Rights The City's General Pian (Policy W 4.3) and Zoning Code (Chapter 20.46) allow the transfer of development rights with Statistical Area H1, which encompasses the project area for the Mariners' Mile Revitalization Master Plan. Under this task, PlaceWorks will establish a framework for the possible use of transfer of development rights from properties along the harbor frontage to inland properties within the Master Plan project area. This will define eligible sending and receiving sites and any necessary amendments to the Zoning Code to achieve an effective TDR program specifically tailored to Mariners' Mile. As an option of the work program (described subsequently), analyses would be conducted to address the following questions: Given development standards defined by the General Plan and Zoning Code, would near-term economic and market conditions support development that uses the additional density or intensity provided by the standards? Does the additional density or development intensity allowed by the development standards generate an increase in residual land value that could support the purchase of transferable development rights? Is the one-to-one transfer ratio currently required for the transfer of development rights adequate, or should the City adopt a specific transfer ratio(s) for the Master Plan project area? Deliverables: - Draft TDR program recommendation report Task 3.8 Stakeholder Meetings and Public Workshops Concurrent with the preceding tasks, PlaceWorks will conduct up to eight stakeholder meetings and participate in three public workshops, as described in Task 1.3. For these, we will prepare memoranda describing working draft land use, streetscape, parking, and other plans to receive feedback. A PowerPoint presentation will be developed to guide discussion for each public workshop. Comments will be summarized, reviewed with City staff, and considered in developing final Plan recommendations. Defiverables: - Meeting and workshop agendas and PowerPoint presentations Memoranda discussing each revitalization element Task 3.3 Planning Commission Review PlaceWorks proposes to participate in two Planning Commission meetings to review the working draft revitalization strategies. Comment summaries from stakeholder meetings and public workshops will be distributed along with a staff report describing their purpose and objectives for Commission input. Deliverables: Meeting agenda and PowerPoint presentation Memoranda discussing each revitalization element B-12 CITY OF NEWPORT BEACH I MARINERS' MILE REVITALIZATION MASTER PLAN TASK 4.0 MASTER PLAN DOCUMENT PlaceWcrks will develop a Master Plan document designed to be evocative of the intended vision, character, and quality of development in the Mariners' Mile study, representing the values that distinguish Newport Beach, It will be formatted with text, maps, sketches, and Illustrative visualizations to create interest and excitement about the future for a revitalized district. All of the work completed in the preceding tasks will be integrated into a comprehensive package of illustrative concepts, plans, guidelines, and procedures that will be submitted to the Newport Beach community and elected officials for confirmation and ownership. But it will not stop there— effectively, the publication of the Master Plan will serve as a "kick off" for carrying out its strategies and regulations, establishing the momentum for real change. Task 4.1 Prepare Administrative draft Mariners' Mile Revitalization Master Plan PlaceWcrks will prepare an administrative draft Master Plan for the City's review and comments. Its content will integrate concept plans, standards, and procedures developed in Tasks 3.1 through 3.7. It will include the following sections, 4.1.1 Introduction and Background Information This section will describe the Master Plan's purpose and process for preparation, community engagement, and approval and adoption process and will summarize existing conditions, trends, constraints, and opportunities as developed in Task 2.0. 4.1.2 Users Guide The Master Plan will have a diversity of users, including City staff, commissions, the City Council, developers, property owners, business tenants, residents, and other interested parties. We will prepare a guide explaining the applications of the plan for each category of users. This will be written as a "howto" manual explaining content and its application in guiding development, capital improvements, private and public investments, and other activities. The guide will be robustly illustrated to facilitate common understanding by all users. 4.1.3 A Vision for the Future of Mariners' Mile As previously discussed, the General Plan establishes a vision for the future of Mariners' Mile in the "Policy Overview." This expresses intentions for the area's functional rale as three distinct districts, uses, urban form and character, walkability, and relationships to the harbor and adjoining residential neighborhoods. During Task 3.1, PlaceWcrks will revisit and, if necessary, fine-tune the vision to ensure that it corresponds to community values and conditions documented in the research phase of the project. The vision statement will serve as the preamble for the Master Plan, the basis from which all plan components are defined. It will be richly illustrated with photographs and other imagery that visually convey elements of the vision. 4.1.4 Plans for the Built Environment The Mariners' Mile Master Plan will incorporate text and diagrams guiding the distribution, location, and extent of elements of the built physical environment. B. Methodology PROPOSAL FOR SERVICES I PLACEWORKS B-13 L- B. Mefhodology a. Land Use and Development Opportunities PlaceWorks will prepare a land use plan based on and amending, as necessary, the General P€an's diagram for the Mariners' Mile subarea (General Plan, Figure LU -9). The plan graphic will delineate applicable land use categories, which will be correlated with a table specifying permitted land uses and densities/intensities (General Plan, Table LU1) and any adjustments to development capacities specified for "Anomaly Locations" (General Plan, Table LU2), based on densities transferred through the TDR process developed forthe Master Plan. Parcels identified in Task 3.3 as opportunity areas for revitalization and new development will be depicted, along with descriptions of development concepts and illustrative plan graphics. b, Bicycle Plan PlaceWorks will define locations and classifications for bicycle paths within the Mariners' Mile area, providing connections with and amending as appropriate the citywide bicycle plan, as developed in Task 3S. Additionally, facilities and programs supporting bicycle use will be described, such as bicycle storage facilities and bike share programs. c. Pedestrian Network and Streetscape Improvements Plan Streetscape and open space improvements developed in Task3.4 will be documented. These will include a pedestrian circulation map, plan drawings, and photo simulations for the central area and photo examples and cross-sections for the Mariner's Mile corridor. 4.1.5 Implementation Plan PlaceWorks will describe the followingtools for implementing the Master Plan: a. Transfer of Development Rights As developed in Task 3.7, the TDR program will identify eligible sending and receiving sites, transfer ratios, the need for a public or private intermediary, and amendments to the Zoning Code necessary for an effective TDR program. b. Parking Management Plan The parking management plandeveloped inTask3.7will identify changes in regulations that may address revision of existing parking minimums and incorporation of mixed- use or shared parking requirements; identify properties on which new parking lots/ structures may be developed and lots that may be consolidated; describe the process for establishing and administrating a parking district; and present a set of selected management best practices that will best accomplish effective use of parking resources while maintaining constituent support. Deliverables: - Administrative draft Mariners' Mile Master Plan Revised administrative draft incorporating comments received from City staff B-14 CITY OF NEWPORT BEACH I MARINERS' MILE REVITALIZATION MASTER PLAN Task 4.2 Review Administrative Draft Master Plan with the Planning Commission A study session will be conducted with the Planning Commission to present and receive comment on the administrative draft Revitalization Master Plan. A PowerPoint presentation will be developed to guide discussion. Comments will be summarized, reviewed with City staff, and considered in developing final Plan recommendations. Deliverables: — Meeting agendas and PowerPoint presentations Task 4.3 Public Hearing Draft Mariners' Mile Revitalization Master Plan PlaceWorks will meet with Citystaffto reviewcomments received on theadministrative draft Master Plan and identify those for which revisions will be prepared for inclusion in the final public hearing document. Based on this input, we will prepare and submit a public hearing draft incorporating all sections described in Task 4.1. Deliverables: — Screencheck public hearing draft Mariners' Mile Revitalization Master Plan: one digital file Firal public hearing draft Mariners' Mile Revitalization Master Plan: one digital Ile and 25 printed copies TASK 5.0 PUBLIC HEARINGS AND ADOPTION PlaceWorks will participate in two public hearings for the public draft Mariners' Mile Revitalization Master Plan with both the Planning Commission and City Councfl. We will work with City staff in developing content for their staff reports and preparing PowerPoint presentations. At the hearings, we will be available for presentations and responding to comments received. Deliverables: — Input for staff reports and PowerPoint presentations TASK 6.0 ADOPTED MASTER PLAN PlaceWorkswilI prepare afinaI Mariners' Mile Revitalization Master Plan incorporating any changes approved by the City Council during its public hearings. A screencheck draft will be submitted for City staffs review and confirmation. Deliverables: — Screencheck adopted Mariners' Mile Revitalization Master Plan: one digital file -- Final adopted Mariners' Mile Revitalization Master Plan: one digital file and 25 printed copies B. Methodology PROPOSAL FOR SERVICES I PIACEWORKS B-15 8-31 EXHIBIT B SCHEDULE OF BILLING RATES PlaceWorks, Inc. Page B-1 8-32 THE ?i?Cc1i14RK5 TERM Mariners` Mile Revitalization Master Plan REVISED COST PROPOSAL REIMBURSABLE PLACEWORKS TESNER 51WELFPoO CNNTM� I WY MLSSON SOTEEo T dumiLLS i�RY.EWIT2 co—CRRNG CARLSfON INW MOFFA SENWR WPI m Principal Assonia[e Plormer Sr.Ikhan Designer Sr_Assoraie, Sr. Assodate, Sr. Q. dale Sr.Emnonusl As.-. P je Pl— Pmjea Designer 0.ssraam GISMenaBer GIST.Ln. TECmlI L NE lanOsape AiM. Active Trans Trafrru . Des g�n mnm Pri-P.An�Ol w RjocL tiger Ibhan Design murN and I Pv ,.g TDR Gs,Graphi" A)p Perm Suenscape Design TOR t05,IDF1eJelss GIS Task D�'P�aO n9 [I Phce warla PIace1Na,.s T... iminy Ram: $240 5330 _ $170 - $1(d $170 $145 4215. $140 $105 $105 $95 $163 $Ai $YiD 585 m— Budget REIMBURSABLE EXPENSES TOTAL 2% of Labor for OlPce Expenses _ _ .. -.-. .. .. $3,494 GRANDTOTAL I.' PlaceWorl s Pape f ort 8-33 EXHIBIT C INSURANCE REQUIREMENTS -- PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. 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 Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance- Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this PlaceWorks, Inc. Page C-1 Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. ion. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: PiaceWorks, Inc. Page C-2 L -IMA, A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting, Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended -by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance,. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. PlaceWorks, Inc. Page C-3 G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. 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. PlaceWorks, Inc. Page C_4. 8-37 Attachment B Budget Amendment — Account No. 0105042-811008 City of Newport Beach BUDGET AMENDMENT 2015-16 EFFECT ON BUDGETARY FUND BALANCE: Description Increase Revenue Estimates Number 0105042 Increase Expenditure Appropriations AND X Number Transfer Budget Appropriations SOURCE: Org X 01020005 from existing budget appropriations Object Number from additional estimated revenues Services Prof & Tech NOC Org from unappropriated fund balance EXPLANATION: NO. BA- 16BA-041 AMOUNT:1 $116,380.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To transfer expenditure appropriations from Plan Check/Permits and City Manager Admin accounts for Professional Services to the Mainers' Mile Highway Confiquration/Land Use Review CIP project account. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Object Description REVENUE ESTIMATES Orq Object Description EXPENDITURE APPROPRIATIONS Signed: Financial Approval Signed Signed Admin`i ative Approval: City MInager City Council Approval: City Clerk Amount Debit Credit $64,610.00 $51,770.00 * Automatic $116,380.00 S -IL -1b Date Date Date 8-39 Description Org Number 0105042 Plan Check/Permits Object Number 811008 Services Prof & Tech NOC Org Number 01020005 City Manager Admin Object Number 811008 Services Prof & Tech NOC Org Number 01001928 General Fund CIP - Misc & Studies Object Number 980000 Capital Improvement Project Project Number 15T06 Mariners' Mile Configuration/Land Use Review Project String E -1 5T06 UNASSIGNED -010 -UNASSIGNED Signed: Financial Approval Signed Signed Admin`i ative Approval: City MInager City Council Approval: City Clerk Amount Debit Credit $64,610.00 $51,770.00 * Automatic $116,380.00 S -IL -1b Date Date Date 8-39