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HomeMy WebLinkAboutCDC/2008-19 1 2 3 4 5 6 7 RESOLUTION NO. CDC/2008-19 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE ENDORSEMENT OF THE URBAN LAND INSTITUTE ("ULI") STUDY FOR THE DOWNTOWN CENTRAL BUSINESS DISTRICT, RECOMMENDING THE ULI STUDY FOR FURTHER STUDY TO EDA W, INC., AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH EDA W, INC., FOR THE PREPARATION OF A DOWNTOWN CORE CONCEPTNISION PLAN IN THE AMOUNT NOT TO EXCEED $263,500 8 9 10 WHEREAS, the Urban Land Institute ("ULI") analyzed and prepared a study for the 11 Downtown San Bernardino Central Business District in June 2007 ("Study"); and 12 WHEREAS, the findings and recommendations of the Study were presented and received by 13 the Community Development Commission of the City of San Bernardino ("Commission") in 14 August 2007; and 15 WHEREAS, the findings and recommendations have not previously been formally endorsed 16 by the Commission; and 17 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") seeks to 18 implement the recommendations of the ULI Study, by engaging the services of EDA W, Inc. 19 ("EDA W"), to assist in further studying the recommendations and to develop solution alternatives, 20 funding requests and implementation objectives; and 21 WHEREAS, EDA W and the Agency desire to enter into an agreement pursuant to the terms 22 and conditions as contained in the Professional Services Agreement (the "Agreement") attached 23 hereto and incorporated herein by reference. 24 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 25 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 26 FOLLOWS: 27 Section 1. The Commission hereby formally endorses the ULI, San Bernardino 28 Downtown Central Business District Study. I P:\Agendas\Resolutions\Resolutions\2008\06-16-08 EDAW, Inc. CDC Reso,doc CDC/2008-19 1 2 Section 2. The Commission directs the Agency to further study the ULI report and 3 engage the services of ED A W for such effort. 4 Section 3. The Commission herby approves the Agreement by and between the Agency 5 and EDA W in the form as attached hereto and as presented to the Commission upon adoption of this 6 Resolution, and the Commission hereby authorizes the Interim Executive Director to execute the 7 Agreement on behalf of the Agency together with such technical and conforming changes as may be 8 recommended by the Interim Executive Director of the Agency and approved by the Agency 9 Counsel. 10 Section 4. This Resolution shall take effect from and after its date of adoption by this 11 Commission. 12 //1 13 //1 14 /1/ 15 /1/ 16 /1/ 17 //1 18 //1 19 /1/ 20 /1/ 21 /1/ 22 //1 23 /1/ 24 /1/ 25 /II 26 /1/ 27 /II 28 //1 2 P:\Agendas\ResoJutions\Resolutiolls\2008\06-16.Q8 EDAW, Inc. CDC Reso,doc 1 2 3 4 5 6 7 , CDC/2008-19 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE ENDORSEMENT OF THE URBAN LAND INSTITUTE ("ULI") STUDY FOR THE DOWNTOWN CENTRAL BUSINESS DISTRICT, RECOMMENDING THE ULI STUDY FOR FURTHER STUDY TO EDA W, INC., AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH EDA W, INC., FOR THE PREPARATION OF A DOWNTOWN CORE CONCEPTNISION PLAN IN THE AMOUNT NOT TO EXCEED $263,500 8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 9 Development Commission of the City of San Bernardino at a joint regular 21 The foregoing Resolution is hereby approved this /7n1 day of June 22 23 20 meeting day of June , 2008, by the following vote to wit: Aves Abstain Absent Navs x x ---.lL x x x ----X- s~2~ ,2008. . atri J. Morris, rson Co unity Development Commission of the City of San Bernardino 24 25 26 Approved as to Form: 27 By: G~ tl)J_ 28 Agency ounsi""~ 3 P:\Agendu\Resolutions\ResolutionsUOO8\06...16-08 EDAW, Inc. CDC Reso.doc REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AGREEMENT FOR PROFESSIONAL SERVICES EDA W, INC. This AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into as of June 16,2008, by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("Agency"), a public body, corporate and politic, and EDAW, Inc., ("Consultant"). NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND MUTUAL PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: 1. SUPERVISION OF CONSULTANT. The Agency Staff designated in Exhibit "B" shall be responsible for the direction of any work to be performed by the Consultant and any other consultants or subconsultants to the Agency under this Agreement. The Consultant shall not undertake any work under the terms of this Agreement, unless instructed to do so by one of the designated staff members. No other staff member is authorized by the Agency to request services from the Consultant. 2. TERM OF AGREEMENT. The term of this Agreement shall commence on the date first appearing in this Agreement and will terminate upon the completion of the services described in the Scope of Services as referenced in Section 3, unless earlier terminated as provided in this Agreement. The Agency reserves the right through the actions of the Interim Executive Director to terminate this Agreement at anytime either with or without cause and at the sole convenience of the Agency upon delivery of notice of termination to the Consultant; provided, however, that upon the effective date of any such termination, the Agency shall be responsible to pay and/or reimburse the Consultant for all services, materials and supplies as may have been furnished to the Agency in accordance with the Scope of Services as referenced in Section 3. 3. SCOPE OF CONSULTANT SERVICES. The Agency hereby retains the Consultant to provide the professional consulting services set forth in the Scope of Services attached hereto as Exhibit "A" and incorporated herein by this reference. The Consultant hereby agrees to perform the work set forth in the Scope of Services, in accordance with the terms of this Agreement. The Consultant shall perform the services as set forth on said Scope of Services within the time periods to be identified by the appropriate Agency representative. 4. PAYMENT BY AGENCY FOR WORK PERFORMED BY CONSULTANT. A. The Agency shall compensate the Consultant in an aggregate amount not to exceed $263,500 for completion of the services described in the Scope of Services set forth in Exhibit "A", I EDAStlP-- EDAW~ P:\Agendas\Agenda Attachmems\Agrmts-Amend 2008\06...16-08 EDAW, Inc. . Fmal Professional Services Apeement.doe B. The compensation designated in subsection 4. A. shall be the Total Fee for the performance of the work and the delivery of the fmal work product materials, as set forth in the Scope of Services, The Total Fee shall include, but not be limited to, the salaries of all subcontractors retained by the Consultant and all employees of the Consultant to perform work pursuant to this Agreement and shall be inclusive of all costs and expenses incurred for mileage, travel, graphics, telephone, printing, fax transmission, postage, copies and such other expenses related to completion of the work set forth in the Scope of Services, C, The Consultant shall invoice the Agency for work performed by the Consultant under this Agreement each calendar month during the term of this Agreement. D, The Consultant shall submit invoices under this Agreement to: Redevelopment Agency of the City of San Bernardino Attention: Interim Executive Director 201 North "E" Street, Suite 301 San Bernardino, California 92401 E. Each invoice of the Consultant shall set forth the time and expenses of the Consultant incurred in performance of the Scope of Services, during the period of time for which the invoice is issued. Each invoice of the Consultant shall clearly set forth the names of the individual personnel of the Consultant and any individual subconsultants utilized by the Consultant, during the time period covered by the invoice, a description of the professional services rendered on a daily basis by each named individual during such time period, the respective hourly rates of each named individual and the actual time expended by each named individual. Each invoice of the Consultant shall be accompanied by copies of all third party invoices for other direct costs incurred and paid by the Consultant during such time period, The Agency shall pay all amounts set forth on the invoices of the Consultant and approved by the authorized Agency Staff personnel who requested the services, within thirty (30) days after such approval, 5. RECORDS RETENTION, Records, maps, field notes and supporting documents and all other records pertaining to the use of funds paid to the Consultant hereunder shall be retained by the Consultant and available to the Agency for examination and for purposes of performing an audit for a period of five (5) years from the date of expiration or termination of this Agreement or for a longer period, as required by law. Such records shall be available to the Agency and to appropriate county, state or federal agencies and officials for inspection during the regular business hours of the Consultant. If the Consultant does not maintain regular business hours, then such records shall be available for inspection between the hours of 9 a,m, and 5 p.m. Monday through Friday, excluding federal and state gove=ent holidays. In the event of litigation or an audit relating to this Agreement or funds paid to the Consultant by the Agency under this Agreement, such records shall be retained by the Consultant until all such litigation or audit has been resolved. 2 EDA~ EDA w1Jl1 P:\Agendas\Agenda Attaehments\Agrmts-Amend 2008\06-16-08 EDAW, Inc. . F'mal Professional Services Agreement.doc 6, INDEMNIFICATION. The Consultant shall defend, indemnify and hold harmless the Agency, its officers, employees, representatives, and agents from and against any and all actions, suits, proceedings, claims, demands, losses, costs and expenses, including legal costs and attorneys fees, for injury or damage of any type claimed as a result of the negligent acts or omissions of the Consultant, its officers, employees, subcontractors and agents, to the extent arising from or related to negligent performance by the Consultant of the work required under this Agreement. 7, INSURANCE. The Consultant shall maintain insurance, as set forth in Exhibit "C" to this Agreement, throughout the term of this Agreement. The Consultant shall remain liable to the Agency pursuant to Section 6, above to the extent the Consultant is not covered by applicable insurance for all losses and damages incurred by the Agency that are caused directly or indirectly through the actions or inactions, willful misconduct or negligence of the Consultant in the performance of the duties incurred by the Consultant pursuant to this Agreement. 8, OWNERSHIP AND REUSE OF DOCUMENTS AND OTHER MATERIALS AND INFORMATION, All maps, photographs, data, information, reports, drawings, specifications, computations, notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents generated by or on behalf of the Consultant for performance of the work (collectively, the "Work Products") set forth in the Scope of Services shall upon payment for those services embodying the particular element of the Work Products, become the sole property of the Agency, and the Work Products shall thereafter be delivered to the Agency upon written request from the Agency to the Consultant. The Consultant shall not make use of any maps, photographs, data, information, reports, drawings, specifications, computations, notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents and other materials whether for marketing purposes or for use with other clients when such have become the property of the Agency without the prior express written consent of the Agency except to the extent that such maps, photographs, data, information, reports, drawings, specifications, computations, notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents are readily available to the general public as public records pursuant to State law; provided, however, that the Consultant may retain copies of any such items for their business records, The Consultant shall execute, acknowledge and perform any and all acts which shall reasonably required in order for the Agency to establish unequivocal ownership of the maps, photographs, data, information, reports, drawings, specifications, computations, notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents and record, register and procure an issuance in or to the Agency's rights, title and/or interest. Any reuse without written verification or adaptation by the Consultant for the specific purpose intended will be at the Agency's sole risk and without liability or legal exposure to the Consultant. 9. PRESS RELEASES. Press or news releases, including photographs or public announcements, or confirmation of the same related to the work to be performed by the Consultant under this Agreement shall only be made by the Consultant with the prior written consent of the Agency, 3 ED~ EDAW'fj;I P:\Agendas\Agenda Attachmems\Asfmts-Amend 2008\06-16-08 EDAW, Inc. - Final Professional Servica Agreement.doc 10. CONFIDENTIALITY OF MATERIALS AND INFORMATION, The Consultant shall keep confidential all reports, survey notes and observations, information, and data acquired or generated in performance of the work set forth in the Scope of Services, which the Agency designates confidential, None of such designated confidential materials or information may be made available to any person or entity, public or private, without the prior written consent of the Agency. 11. DEFAULT AND REMEDIES, A. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided, however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within seven (7) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder, B. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. C. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties under this Agreement are cumulative and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party, D. In the event that a default of any party to this Agreement may remain uncured for more than seven (7) calendar days following written notice, as provided above, a "breach" shall be deemed to have occurred, In the event of a breach, the injured party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings. 12, TERMINATION. A. This Agreement may be terminated by either party for any reason by giving the other party fifteen (15) calendar days' prior written notice. The Agency shall pay the Consultant for all work authorized by the Agency and completed, prior to the effective termination date, B. In the event of a termination of this Agreement under this Section 12, the Consultant shall provide all documents, notes, maps, reports, data or other work product developed in performance of the Scope of Services of this Agreement to the Agency, within ten (10) calendar days of such termination and without additional charge to the Agency. 4 ED~ EDA w1iif P:\Agendas\Agenda Anachments\Agnnts-Amend 2003\06-16-08 EDAW, Inc. . Final Profellional Services Asr-nent.doc 13. NOTICE. All notices given hereunder shall be in writing, Notices shall be presented in person or by certified or registered United States Mail, return receipt requested, postage prepaid or by overnight delivery by a nationally recognized delivery service to the addresses set forth below. Notice presented by United States Mail shall be deemed effective on the third business day following the deposit of such Notice with the United States Postal Service. This Section 13 shall not prevent the parties hereto from giving notice by personal service or telephonically verified fax transmission, which shall be deemed effective upon actual receipt of such personal service or telephonic verification. Either party may change their address for receipt of written notice by notifying the other party in writing of a new address for delivering notice to such party. CONSULTANT: EDA W, Inc, Attention: Vaughan Davies 515 South Flower Street, 9th Floor Los Angeles, California \lOO11 Ij" ~ 11 AGENCY: Redevelopment Agency of the City of San Bernardino Attention: Interim Executive Director 201 North "E" Street, Suite 301 San Bernardino, California 92401 14. COMPLIANCE WITH LAW. The Consultant shall comply with all local, state, and federal laws, including, but not limited to, environmental acts, rules and regulations applicable to the work to be performed by the Consultant under this Agreement. The Consultant shall maintain all necessary licenses and registrations for the lawful performance of the work required of the Consultant under this Agreement. 15, NONDISCRIMINATION. The Consultant shall not discriminate against any person on the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical handicap in the performance of the Scope of Services of this Agreement. Without limitation, the Consultant hereby certifies that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status of national origin. Further, the Consultant shall promote affirmative action in its hiring practices and employee policies for minorities and other designated classes in accordance with federal, state and local laws. Such action shall include, but not be limited to, the following: recruitment and recruitment advertising, employment, upgrading and promotion. In addition, the Consultant shall not exclude from participation under this Agreement any employee or applicant for employment on the basis of age, handicap or religion in compliance with State and Federal laws, 16. CONSULTANT AND EACH SUBCONTRACTOR ARE INDEPENDENT CONTRACTORS, The Consultant shall at all times during the performance of any work described in the Scope of Services be deemed to be an independent contractor. Neither the Consultant nor any of its subcontractors shall at any time or in any manner represent that it or any of its employees are employees of the Agency or any member agency of the Agency. The Agency shall not be requested or ordered to assume any liability or expense for the direct payment of any salary, wage or benefit to any person employed by the Consultant or its 5 EDAS?lP- EDAW~ P:\AgendaslAgenda Attaclunents\Agnnts-Amend 2008\06-16-08 EDAW, Inc. . Final Professional Services Agreement.doc subcontractors to perform any item of work described in the Scope of Services. The Consultant is entirely responsible for the immediate payment of all subcontractor liens. 17, SEVERABILITY. Each and every section of this Agreement shall be construed as a separate and independent covenant and agreement. If any term or provision of this Agreement or the application thereof to certain circumstances shall be declared invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to circumstances other than those to which it is declared invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties. This Agreement supersedes all prior negotiation, discussions and agreements between the parties concerning the subject matters covered herein. The parties intend this Agreement to be the fmal expression of their agreement with respect to the subjects covered herein and a complete and exclusive statement of such terms, 19. AMENDMENT OR MODIFICATION. This Agreement may only be modified or amended by written instrument duly approved and executed by each of the parties hereto. Any such modification or amendment shall be valid, binding and legally enforceable only if in written form and executed by each of the parties hereto, following all necessary approvals and authorizations for such execution, 20. GOVERNING LAW, This Agreement shall be governed by the laws of the State of California. Any legal action arising from or related to this Agreement shall be brought in the Superior Court of the State of California in and for the County of San Bernardino, 21. NON-WAIVER. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the same provision or any remaining provisions of this Agreement. 22, ASSIGNMENT, This Agreement may not be assigned by the Consultant without the prior written consent of the Agency. 23. REPRESENTATIONS OF PERSONS EXECUTING AGREEMENT, The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the parties each purports to represent. 24. EXECUTION IN COUNTERPARTS. This Agreement may be executed in one (1) or more counterparts, each of which will constitute an original. 25, EFFECTIVENESS OF AGREEMENT AS TO THE AGENCY. This Agreement shall not be binding on the Agency until signed by an authorized representative of the Consultant, approved by the Agency and executed by the Interim Executive Director or his designee, 6 EDA\M-- EDA wtiI P:\Agendas\Agenda AttachmenU\Agrmts-Amend 2008\06-16-08 EDAW, Inc. - f'ma1 Professiooal Services A,recment.doc 26. CONFLICTS OF INTEREST. The Consultant hereby represents that it has no interests adverse to the Agency or the City at the time of execution of this Agreement except as previously disclosed to the Agency Staff and in particular with respect to other work being performed by the Consultant for the (i) the San Manuel Band of Mission Indians, and (ii) M&D Development. The Consultant hereby agrees that, during the term of this Agreement, the Consultant shall not enter into any agreement or acquire any interests detrimental or adverse to the Agency or the City, Additionally, the Consultant hereby represents and warrants to the Agency that the Consultant and any partnerships, individual persons or any other party or parties comprising the Consultant, together with each subcontractor who may hereafter be designated to perform services pursuant to this Agreement, do not have and, during the term of this Agreement, shall not acquire any property ownership interest, business interests, professional employment relationships, contractual relationships of any nature or any other financial arrangements relating to the Agency, property over which the Agency has jurisdiction or any members or staff of the Agency that have not been previously disclosed in writing to the Agency, and that any such property ownership interests, business interests, professional employment relationships, contractual relationships or any nature or any other fmancial arrangements will not adversely affect the ability of the Consultant to perform the services to the Agency as set forth in this Agreement. 27. NON-EXCLUSIVITY. This Agreement shall not create an exclusive relationship between the Agency and the Consultant for the services set forth in Exhibit "A" or any similar or related services, The Agency may, during the term of this Agreement, contract with other consultants for the performance of the same, similar or related services as those that may be performed by the Consultant under this Agreement. The Agency reserves the discretion and the right to determine the amount of services to be performed by the Consultant for the Agency under this Agreement, including not requesting any services at all. This Agreement only sets forth the terms upon which any such services will be provided to the Agency by the Consultant, if such services are requested by the Agency, as set forth in this Agreement. 28. CONSEOUENTlAL DAMAGES & LIMITATION OF LIABILITY. The Agency and Consultant agree that except as otherwise provided in this Section 28, in no event will either be liable to the other under this Agreement for any damages including but not limited to, special damages, loss of revenue, loss of profit, operating costs or business interruption losses, regardless of cause, including breach of contract, negligence, strict liability or otherwise, The limitations and exclusions of liability set forth in this Section 28 shall apply regardless of fault, breach of contract, tort, strict liability or otherwise of the Consultant and the Agency, their employees or subconsultants, [SIGNATURES ON FOLLOWING PAGEl 7 EDA~ EDAW~ P:\Agendas\Agenda Attachmems\Agrmts-Amend 2008\06-16-08 EDAW, Inc. - Final Profellional Service. Agreement.cIoc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date indicated next to the authorized signatures of the officers of each of them as appear below. AGENCY Dated: y/ (-,cog Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic By. "3Z-:~ Emil A. Marzullo, Interim Executive Director Approved as to Form and Legal Content: By: Timothy J, S CONSULTANT EDA W, Inc, Dated: J.ilj Ib/'200$) BY:~/ Name: Eric Wilson Title: PrincipalNice President 8 EDACit) EDAW~ P:\Agendas\Agenda Attachments\Asfmts-Arnend 2008\06-16-08 EDAW, Inc. . Final ProfeNional Services ApeemeRt.doc EXHIBIT" A" SCOPE OF SERVICES (Draft Proposal Subject to Change) 9 EDf"It\1- EDAW~ P:\Agendas\Agenda Anachments\Agrmts-Amend 2008\06-16-08 EDAW, Inc. . F'ma1 Profeuional Services Agreement.doc - CDC/2008-19 SAN BERNARDINO DOWNTOWN CORE CONCEPT/VISION PLAN 11 Downtown Core San Bernardino DOWNTDWN CORE CONCEPTNISION PLAN We are very pleased that EDAW has been selected by the C~y of San Bemardino to assist in the preparation of a Conceptual Vision Plan for the Downtown Core of San Bemardino. The study area, preliminarily defined as the 'downtown core', centers around N E Street and itis lim~ed to the west bj;, the 1- 215 Freeway and to the east to S Watennan Avenue; to the North by W 5 Street and the Secombe Lake and to the South by the railway lracl<. The boundaries will be studied, refined and ultimately defined during the initial analysis on Task 1. 'Sub-districts' such as City Hall, County Court District: Carousel Mall. Theater/Night time District and the Mure Transit Station district will be identified within the study area and will be woven together and tested with complimentary development scenarios to fully understand the highest possible benefit for each district and the Downtown as a whole. Our work for the Downtown San Bemardino will be done in sufficient detail to infonn the work done by the city, and other stakeholder entities to optimize their collective interests, and build consensus, in developing a thriving Downtown with a mix of retail, office (private and government entities), residential, entertainment and other uses vital to maintaining a sustainable urban core. A future effort is anticipated to MentitleM the project and gain any approvals or zoning changes. As Urbanists. our focus will be on creating added value in the public realm through the creation of a comprehensive open space system of, plazas, parks, great streets and boulevards which serve as compelling addresses for the existing and Mure developments. The EDAW team will identify underdeveloped sites, significant development opportunities, new and unique destination tenants/products, as well as lead a discussion about the pOSSible funding strategies for the range of recommendations. CONTACT INFORMATION Vaughan Davies, ISM PrincipaVDirector of Urban Design 515 S. Flower Street, glt1 Floor Los Angeles, CA 90071 T 213.593.7700 F 213.593.7715 Vaughan.Davies@edaw.com www.edaw.com Developing a compelling 'story' or 'way forward' for the City to become a leading destination of choice for visitors, residents and businesses alike is envisioned as the outcome of this effort. Possible implementation strategies will be outlined as INiIl the necessary controls and or incentives for development. THE EDAW TEAM We propose a mu~idisciplinary team of EDAW experts led by Vaughan Davies, Principal - Director of Urban Design who has significant prior experience in San Bernardino and the region. Vaughan is an architect and urban designer with more than 25 years of experience on complex urban projects. Directing the day to day effort will be Maria Rosario. who has significant experience in leading multi-disciplinary teams on a broad range of urban projects. Gaurav Srivastava will be the Senior Urban Pianner and will work ciosely with Vaughan and Maria to develop the design. Add~ionally. Joan Isaacson with her many years of planning and public facilitation experience INiIl guide the team in it's discussions and stakeholder outreach. Alexander Quinn will provide his economics expertise to the team. EDAW INe EXEMPLARY ENVIRON'-lENTS CDC!2008-19 SAN BERNARDINO DOWNTOWN CORE CONCEPT/VISION PLAN 12 . THIS EFFORT WILL TAKE PLACE IN SEVEN DISTINCT TASKS; Task 1 : ANALYSIS Task 2: DESIGN OPTIONS I ALTERNATIVES - CHARRETTE Task 3: PREFERRED PLAN Task 4: DEVELOPMENT STANDARDS Task 5: ZONING I CHANGE OF ZONE I OVERLAY ZONE Task 6: IMPLEMENTATION PLAN Task 7: FINAL REPORT I PRESENTATION Please note that the work efforts associated with each task are not necessarily sequential and may occur concummtly with one another. All work shall be conducted on a lump surnJlixed fee basis, to be billed monthly based on tasks/percentage of work completed to be detennined by Consultant and EDA. TASK 1:ANALYSIS This stage involves the initial collection of available data, and will require an initial site visit and culminate in an initial workshop/charette with the client, stakeholders, interested property owners and the EDAWteam. This is a key and Important part of the work of the EDAW team In guiding all future design assumptions/decisions as well as establishing the overall vision and message that clearly defines this effort. A key part of the initial analysis phase is the exploration and development of the downtown San Bernardino 'brand'. A successful city identity program helps to attract residents, businesses and visitors and communicates a feeling of civic pride. As part of this analysis, we will stUdy the qualities of San Bernardino which give it a unique sense of place, focusing on how the city envisions tts identity both now and in the future. These explorations will enhance the vision plan and provide additional principles to guide the design direction through future phases. The initial collection of available data to be provided by the client will include: site surveys; engineering and infrastructure services and plans; transit routes; relevant market information; previous recent studies and plans for the area; current planning efforts inclUding transportation and transit plans; historic preservation buildings and sites; existing building and zoning codes; existing environmental studies and impact analysis within the boundaries of the study area as well as other physical and non-physical information that may affect the project area. The EDAW team will visit and photograph the site and context, and analyze and develop a clear set of DRAFT guiding design principles for client/stakeholder review and comment. These design principles will be enhanced by our evaluation of the site opportunities and constraints as they pertain to the City's overall goals and objectives as established in our initial conversations and our ongoing and more detailed observations of the following; 1. Initial scoping meeting and site visit I visual & photographic survey a. Site and district edge conditions and adjacencies b. Views and orientation c. Existing land uses d. Stte access I egress e. Gateways and linkages f. Key landmarks and site features g. Unique arcMectural. urbanllandscape character defining elements h. Key adjacent/contextual features (e.g., 1-215 Freeway, rail access. etc.) 2. Review past Lakes and Streams. ULI and LNR studies/plans, other EDAW INC EXEMPLARY ENVIRONMENTS CDC/2008-19 SAN BERNARDINO DOWNTOWN CORE CONCEPT/VISION PLAN 13 'Pipeline projects', ete. (to be provided by the client) 3. Proposed development program Including initial conceptual Market Demand & Absorption Analysis 4. Relevant scale comparisons (e.g., Old Pasadena, Pasee Colorado, Olvera Street, etc.) 5. Identify new and future projects in the vicinity 6. Kick-off meeting 7. Prepare for Design Charette #1 8. Notes/summary report of meetings 9. Prepare for/support and develop materials for client internal review(s) 10. Initial City/Agency scope meetin9 in San Bernardino 11. Prepare for and attend f/up client design meeting 12. Prepare for and attend consuttant briefing(s) TBD 13. Aerial mapping 14. Prepare Study model (existing conditions) 15. Illustrative site/context diagram(s) 16. Summary of Design Principles Diagram(s) 17. Summary Site Context & Site Analysis 18. Establish Downtown Planning/Development Areas 19. Establish preliminary approach to the downtown 'brand' 20. Establish approach to open space/public realm & landscape elements 21. Consolidation/summary of available background information 22. Presentation of Analysis and Draft Design Objectives/Principles 23. Narrative description 24. Prepare draft of proposed land use plan for ultimate project site 25. Recommend other components to be addressed in the Specific Plan document (e.g., building restrictions, circulation elements, parking standards, height limitations, design standards, architectural themes, landscaping and water elements, etc.) A client walkthrough of the site to visit and photograph the site in greater detail, understand the opportunities and constraints and to confirm/analyze and develop a more refined set of guiding design principles for client review and comment is anticipated. These design principles will help the EDAW team to evaluate and refine the future alternatives as they pertain to the client's overall goals and objectives as established in the initial conceptual effort and the ongoing and more detailed observations of the site and its Mure uses; retail, entertainment, residential, hotel and/or office buildings. as well as ifs streets and open spaces. DeliverabJes 1. A summary report will document and address all of the issues 1- 25 (above) 2. Various maps, diagrams and other charette materials Defined Study Area - The stUdy area is preliminarily defined as the 'downtown core'. from the 1-215 on the west to the County Court Site on the east. and from the Library/6~ Street on the north to the rail line/northern edge of the baseball field on the south. The result of the analytical phase of EDAW team work in preparation for the initial design charette, and client-team discussion(s) will enable the EDAW team to establish an agreed upon and clear sel of preliminary design principles which will guide the future deveiopment of site alternatives and will assist in evaluating / testing the aitematives. All work during conducted during this phase will be a combination of freehand sketches and/or Cad, as appropriate, that will be easily reproducible and provided as scanned electronic documents at various scales or in Power Point fonnal EDAW INC EXElilPLARY ENVIRONMENTS ~ CDC/2008-19 SAN BERNARDINO DOWNTOWN CORE CONCEPT/VISION PLAN 14 The EDA W team does not proceed towards the next task (Design Options/Aftematives) until these design objectives/principles are clearly established and agreed upon. This ensures that the EDA W team is developing solutions to the right problems wfth the concurrence of the client. TASK 2,DESIGN OPTIONS I ALTERNATIVES - CHARRETTE On completion ot Task 1 - the ANALYSIS, EDAW together with the team will develop and test two or three a~emative design concepts based on the agreed- upon preliminary design principles and established program elements. An Intensive DESIGN CHARRETTE will be the tormat ot this ettort. Utilizing base map intormationlAl TA survey to be provided by the client and the deliverable material form Task 1 EDAWwill focus the altematives on uses and the program as determined by the project team, and our extensive knowiedge of redevelopment and urban infill projects. These plans will be conceptual in nature and will show various configurations of orientation, location an linkages to the future Carousel Mall development, other known proposed projects and adjacent buildings, grouping of possible residential types, office and hotel uses, parking options, focal points, circulation, lots and development pad areas, community facilities, and potential amenity concepts for the project. Office, hotel, retail, residential units and parking yields will be calculated using typical dens~y factors for the anticipated product types, as well as associated parking ratios and counts. Each concept plan will be evaluated in terms of balance between open space and building mass, use of interstitial spaces, densities, etc., in order to better evaluate one against the other in terms of "highest and best use" and "most feasible use-. Deliverables Design Charette #1 At the conclusion of the Analysis Phase the EDA W team will recommend a Design Charette with the client and appropriate stakeholders to be conducted over a period of 2 - 3 days. This is an opporlunity for all stakeholders to make a meaningful contribution to the planning and design process, as well as take 'ownership' in the eventual outcome of the project. This also affords a signifICant degree of trensparency to the process and avoids any unnecessary surprises in the development of the plan. EDA W will supporl the development of an agenda, list of parlicipants, deliverebles for the chareffe as well as facilitate the meeungs. The result of the Design Options I Mematives phase of our work wiil establish two or three clear alternative designs to be evaluated I tested with the established goals and objectives, design principles and established program needs of the client team. 1. Prepare/set up for Design Charette 2. Notes/summary report of MeetingfCharette 3. Site visit #2 (Client and stakeholder team) to review and collectively understand the folloVving; existing buildings site infrastructure and util~ies. adjacent land uses, topography and other factors that may impact our work (e.g., future transn linkages) 4. Site Pian altematives (max 3) a. Free hand/Cad illustrative Plan alternatives to scale b. Special places c. Parcel Pian 5. Character Sketches and vignettes 6. Relevant Precedents and scale comparisons 7. Typical Sections illustrating the following: a. Approach to Carousel Mall, and other planning Idevelopment areas. building and s~e development EDAW INe EXEMPLARY ENVIRONMENTS ~ CDC!2008-19 SAN BERNARDINO DOWNTOWN CORE CONCEPT/VISION PLAN I 5 b. Hotel retail and office, or other building types c. Public open spaces d. Special elements 8. Study model (scale to be determined) 9. Development Fact Sheet 10. Refined preliminary 'brand' identity 11. Schematic open space Plan 12. Refined Design Imagery (color photographic/Cad images) Implementation Workshop #2 At the conclusion of the Options Phase the EDA W team will recommend a second brief Implementation workshop with the client and appropriate stakeholders to be conducted over a period of 1 day. This Is an opportunity for all stakeholders to review and make a meaningful contribution to the refinement aftha planning and design process. as well as take 'ownership' in the eventual outcome and implementation of the project(s) identified in the initial chareffe. This also affords a significant degree of transparency to the process moving forward and avoids any unnecessary surprises in the development! implementation of the various pieces of the plan. EDA W will support the development of an agenda, list of participants, deliverables for the implementation /workshop as well as facilitate the meetings. We do not proceed towards the next task (Preferred Concept Plan) until these alternatives are clearly reviewed and an agreed upon direction established. This ensures that we are developing solutions to the right problems. We do not proceed towards the next task (Preferred Concept Plan) until these alternatives are clearly reviewed Bnd an agreed upon direction established. TMs ensures that we are developing solutions to the right problems. TASK 3: PREFERRED CONCEPT PLANS Next, the selected concept plan alternative will be the subject of a project team meeting where a preferred plan direction will be confirmed. This direction will become the basis for preparation oftha preferred plan and attendant design materials and project description. The client will approve a selected concept alternative or plan for further refinement by EDAW and the team. During this stage. EDAW will define the basic structure of the plan through further design study and interactions with Client and Agency/City staff and other consultants retained by the client. At this point a CAD /Alta survey base will be utilized to refine the gross development plan and street and block layout. (Further refinement of this is anticipated in later stages of the work effort) The Preferred Plan will identify/address the following nems: o DevelopmenVbrand identity o Phasing I development strategies based on conceptual Market Absorption Scenarios o Vehicular I pedestrian circulation o Street and block layout o Building massing, heights, etc. o Open space system I landscape treabnents o Community features and parcel considerations o Land use - Downtown Core. Carousel Mall, other Planning Areas, office, residential, other retail/commercial, hotel, and/or other possible uses o Security considerations o Servicing o General Infrastructure considerations o land efficiencies / project density EDAW INC EXEMPLARY ENVIRONMENTS CDC/2008-19 SAN BERNARDINO DOWNTOWN CORE CONCEPT/VISION PLAN 16 In addition to the overall structure of the proposed new downtown community in street and block form, the EDAW team will work to test prototypes/approaches for each of the product types located within the preferred concept plan, outlining the required setbacks for each development type, optimum parcei configurations. parking and potential variations in parcei lines/setbacks that can be developed to further enhance and/confinn the development needs/requirements. EDAW will submit drafts of preferred concept plans for client comment and approval. This will include a written narrative, photographs, plans and elevations. After approval is received. the EDAWteam will proceed to the next task. Deliverabfes 1. Notes/summary report of Meeting(s) 2. Illustrative Preferred Plan 3. Preferred Plan Report and Presentation includes; a. Rendered Preferred plan b. Freehand Character images c. Character/precedent photos d. Land use plan e. Parcel identification plan f. Phasing strategy/plan and likely conceptual market absorption rate g. Vehicular Circulation Plan (incl. parking and entry gateway elements) h. Pedestrian Circulation plan i. Open space plan (incl. special places) j. Engineering /Infrastructure Concept plans as appropriate k. Building massing studies I. Branding Concepts 4. Typical Sections: showing the relationship of former Carousel Mall and other buildings to one another and to adjacent streets and parks, including conceptual developments in planning areas 5. Typical Elevations: illustrating the approach to the existing structure(s) as well as the compatibility of proposed new structures; include conceptual developments in planning areas 6. Development Statistics Fact sheet (Densities / Areas) 7. Presentation boards with relevant images, artists renderings (as approved under separate authorization) and planning principles diagrams 8. An Electronic Version of above 9. An AutoCAD 3D version of the plan 10. Study/sketch Model(s) for design and discussion purposes of the overall concept (various scales) TASK 4: DEVELOPMENT STANDARDS Development Standards will need to be considered for the Downtown Core and planning I development areas within. Downtown Core and/or conceptualized planning I development areas will become the basis for the preparation of new development standards specifically for these areas to be induded in a final Specific Plan document or other amendments to the City Development Code and General Plan. Based on information and resuns from Tasks 1-3, to the EDAW team will prepare Downtown Core Development Standards. Standards to consider: o Zoning o Land Use o Permitted Uses o ArchITectural Design o Landscaping EDAW INt EXEMPLARY ENVIRONMENTS CDC/200S-19 SAN BERNARDINO DOWNTOWN CORE CONCEPTIVISION PLAN 17 o Parking o Development Standards for Downtown Core andlor specific standards for planning I development areas. Deliverable Downtown Core Development Standards TASK S:ZONING I CHANGE OF ZONE I OVERLAY ZONE The development of the Downtown Core will only be successful if viabie amendments to the current City Deveiopment Code are in piace. Based on the results ofTasks 1 and 4, the EDAW team will again consider new development standards and the existing City Development Code to determine andlor make recommendations for zone changes or the establishment of an Overlay Zone for the Downtown Area. Deliverable Zoning I Overiay Recommendation Report TASK 6:IMPLEMENTATION PLAN In order to see the orderly development of the Downtown Core, an action or Implementation Plan shall be prepared. The Implementation Plan shall consider tools, strategies and timeframes for accomplishment. With input from City and Agency staff and others. the EDAW team shall prepare an Implementation Pian for the Downtown Core that inciudes, but may not be limited to the following: o Development /Business Attraction o Partnerships - Public I Private o Codes and Regulations . Specific Plan Preparation General Plan Amendments Overiay Zone Establishment Gode Revisions . EI R Preparation . Development Review Process o Funding o Marketing o Proposed Schedule for Implementation Deliverable Implementation Plan TASK 7: FINAL REPORT PREPARATION Consultant will assemble the completed technical work and integrate into a draft Final Report for consideration, comment and approval by the Client. The Final Report will include infonnation and/or findings from Tasks 1-6. The EDAW team will prepare an executive summary of the Final Report and the Implementation Plan. The executive summary will provide a clear and concise summary of the Implementation Plan and action steps and contain strong graphic contents and easily understood data summary tables in a fonnat that can be utilized as a color brochure for community information, education and market advocacy. In addition, the executive summary brochure will be included within a PowerPoint slide show presentation containing the summary infonnation. After approval is received. the EDAW team will prepare the Final Report and will make a formal presentation of the Final Report at a public meeting as will be designated by the client. The Final Report will describe the planning principles for the s~e and incorporate photographs. plans with appropriate graphic formatting and written narrative to fully describe both the Implementation Plan EDAW INC EX.EMPLARY ENVIRONMENTS CDC/2008-19 SAN BERNARDINO DOWNTOWN CORE CONCEPTIVISION PLAN f II and the Final concept plan. Deliverables 1. Final Report, with executive summary 2. Summary Brochure 3. PowerPoint Presentation EDAW INe EXEMPLARY ENVIRONMENTS CDC/2008-19 SAN BERNARDINO DOWNTOWN CORE CONCEPT/VISION PLAN I a Fee ,", ""'~'l!!""f'11~~.;r" .. ,... r ESTIMATED, < [--~~.- " };:l:t,~";;I.~~,:M~@r~f:~19ES'llMAtED ~OMp.l!ETJa~ .....-~...~~:, ...,....~J.iJl't...1 ~__Lli.ii,~.i:. _,,_ .~ . .'<_.. ... -.,. ..;.., . , TASK 1,0: Pro eet Analvsls . Attend kickoff meetino #1 & site visit Week 1 Collect and review data Week 2 Conduct site analvsls I ODDortunities & constraints Week 3 . Client meetina # 2 Week 3 Preoare for Charette #1 Week 4 Prepare summarv oDoortunities and constraints exhibit(s) Week 4 TASK 1 SUBTOTAL 4 Weeks 41.000 TASK 2.0: Oatlons/Alternatlves Charette #1 - Conceptual alternatives WeekS Develop ootions. identity, etc. Week 6-7 . Client meetino # 3 Week 7 Refined Oations & select Dreferred oran Weeks 7-8 TASK 2 SUBTOTAL 4 Weeks 73.000 TASK 3.0: Preferred ConceDt Plan Charette #2 - Imolementatlon Week 9 Prepare final concept studies Weeks 9 -10 Preoare final oroaram, uses, and drculation Weeks 10 12 . Client meetina # 4 Week 11 . AQencv oresentation Week 11 . Client meetina # 5 Week 13 Preoare oresentation exhibits Weeks 13-14 TASK 3 SUBTOTAL 6 Weeks 52.000 TASK 4: Oevelooment Standards . Client meetinQ # 6 Week 15 . Client meetina # 7 Week 17 . Client meetina # 8 Week 19 . Aaencv oresentation Week 19 . Client meetina # 9 Week 21 Pre Dare DRAFT DeveloDment Standards Weeks 15 - 21 TASK 4 SUBTOTAL 7 Weeks. 56.000 TASK 5: Zonlna I Chanae of Zone I Overlav Zone Pre Dare DRAFT Recommendations I Weeks 15.21 I TASK 5 SUBTOTAL I 7 Weeks. I 13.500 TASK 6: ImoJementatlon Plan PreDare DRAFT lmolementation Plan Weeks 22 . 24 . Client meetinn # 10 Week 23 TASK 6 SUBTOTAL 3 Weeks 12.000 TASK 7: Final Report Preparation PreDare FINAL Reoort, Summarv Brochure, PowerPoint Presentation Weeks 25-27 . Client meetina # 11 Week 25 TASK 7 SUBTOTAL 3 Weeks 16.000 , ."(">'- ~~:~~~ I~:'..~ 7~ -.' 'iiiI~;1"7nfiAf , 27,~~ .. .~." , Our proposal indudes: Client team meetings every two weeks (11 TOTAL MEETINGS x 2people) 1 Charette + 1 Workshop . 2 Agency presentations The above labor fee budget does not indude out-of-pocket expenses induding, but not limited to, blueprinting, printing, duplicating/copying, reproduction, photography and delivery costs, or outside services performed by others for unexpected work, additional meetings and or deliverables which will be billed on a Time and materials basis. Reimbursable expenses shall be invoiced in accordance with the attached Fee Schedule. . Tasks 4 and 5 are antidpated to run concurrently - A 10% retainer is required prior to commencement of this work effort. EDAW INe EXEMPLARY ENVIRONMENTS CDC/200S-19 Schedule weEKS TASKS 1 2 3 . 5 . 7 e . 10 11 12 13 " 15 Ie 17 Ie " 20 21 22 23 2. 25 2. 27 1. ANALYSIS - = - - - - - 2.QPTIONS = - = - - - 3. PREFERRED PLAN - - - - - - - - 4.DEVELOPMENT STANDARDS - - ;;;; - - - - - 5. ZONING! RECOMMENDATIONS - - - - - - - 6. IMPLEMENTATION PLAN = - - ,- 7. FINAL REPORT = - MEETINGS KICK OFF MEETING . CLIENT MEETINGS . . . . . . . . . . . CHARETTE #1 . CHARETTE #2 . PUBLICI AGENCY PRESENTATIONS . . EXHIBIT "B" SUPERVISORY STAFF PERSONNEL Agency Staff: Emil A. Marzullo, Interim Executive Director Don Gee, Deputy Director Jeffrey Smith, Senior Urban Planner 10 EDAVItJ EDA Wfill- P:\AgeOOas\Agenda Attachments\AgrmIs-Amcoo 2008\06-16-08 EDA W, lnc . Final Professional Services Agreement doc EXHIBIT "C" INSURANCE REQUIREMENTS The Consultant shall maintain insurance policies issued by an insurance company or companies authorized to do business in the State of California and that maintain during the term of the policy a "General Policyholders Rating" of at least A(v), as set forth in the then most current edition of "Bests Insurance Guide," as follows: (1) Automobile Insurance, The Consultant and each of its subcontractors shall maintain comprehensive automobile liability insurance of not less than $100,000.00 combined single limit per occurrence for each vehicle leased or owned by the Consultant or its subcontractors and used in performing work under this Agreement. (2) Worker's Compensation Insurance. The Consultant and each of its subcontractors shall maintain worker's compensation coverage in accordance with California workers' compensation laws for all workers under the Consultant's andlor subcontractor's employment performing work under this Agreement. (3) Errors and Omissions Coverage, The Consultant shall maintain an insurance policy covering liability for errors and omissions of the Consultant in performing the Scope of Services of this Agreement in an amount of not less than $1,000,000,00. Concurrent with the execution of this Agreement and prior to the commencement of any work by the Consultant, the Consultant shall deliver to the Agency, copies of policies or certificates evidencing the existence of the insurance coverage required herein, which coverage shall remain in full force and effect continuously throughout the term of this Agreement. Each policy of insurance that Consultant purchases in satisfaction of the insurance requirements of this Agreement shall name the Agency as an additional insured and shall provide that the policy may not be cancelled, terminated or modified, except upon thirty (30) days prior written notice to the Agency, II EDA7AQ EDAW~ P;\Agendas\Agenda Attachments\Agrmu..Amend 2008\06.]6-08 EDA W, Ill(: . Final Professional Services Agr<<mentdoc