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HomeMy WebLinkAboutCDC/2010-42 1 RESOLUTION NO.: CDC/2010-42 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE AGENCY AND AECOM, TO PROVIDE CONSULTANT SERVICES FOR THE PREPARATION OF A STREETSCAPE DESIGN FOR DOWNTOWN SAN BERNARDINO (MERGED CENTRAL CITY PROJECTS, CENTRAL CITY NORTH) 3 4 5 6 7 8 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), is a 9 public body, corporate and politic existing under the laws of the State of California, Community 10 Redevelopment Law, Health and Safety Code 33000, et seq. (the "CRL"), and is charged with the 11 mission of redeveloping blighted and underutilized land; and 12 WHEREAS, the Community Development Commission of the City of San Bernardino (the 13 "Commission") is the governing body for the Agency; and 14 WHEREAS, in July 2008, a multidisciplinary team of experts from EDA W I AECOM and 15 Agency Staff started the work of preparing the Downtown Core Vision & Action Plan for the City 16 of San Bernardino; and 17 WHEREAS, the Vision & Action Plan identified and proposed many potential 18 improvements, design concepts and development strategies that comprise a set of goals and a shared 19 vision for revitalization of the Downtown Core area of the City; and 20 WHEREAS, in June 2009, the Mayor and Common Council and the Community 21 Development Commission approved and endorsed the San Bernardino Downtown Core Vision & 22 Action Plan, and directed Agency Staff to proceed with the implementation of the Vision & Action 23 Plan; and 24 WHEREAS, the Agency has embarked on an effort to revitalize the Theater Square, which 25 includes the vacant CinemaStar Theater, vacant land in front of the Theater and the immediate 26 surroundings, within the Downtown Core; and 27 28 I P:\Agendas\Resolutions\Resolutions\20 I 0\07-19-10 AECOM - Professional Services Agreement CDC Reso.docx CDC/2010-42 1 WHEREAS, in addition, with the ongoing improvements along the 1-215 Freeway and new 2 on/off ramps into the Downtown area, there is a need to prepare a series of concepts and schematic 3 streetscape designs for specific streets and corridors in the Downtown area; and 4 WHEREAS, the Agency now desires to move forward with the preparation of concept and 5 schematic plans and development of streetscape plans for Downtown San Bernardino; and 6 WHEREAS, the Agency approached AECOM (the "Consultant", formerly EDA W / 7 AEOCOM) to provide the necessary services to prepare streetscape plans for Downtown San 8 Bernardino; and 9 WHEREAS, on July 8, 2010, the Redevelopment Committee ofthe Economic Development 10 Agency of the City of San Bernardino (the "Redevelopment Committee") recommended to the 11 Commission approval of an agreement for professional services (the "Agreement"), attached hereto 12 as Exhibit "A", by and between the Agency and the Consultant to accomplish any and all tasks 13 necessary to prepare and complete the necessary conceptual and schematic designs for the 14 development of streetscape plans for Downtown San Bernardino; and 15 WHEREAS, the Redevelopment Committee recommended that the Commission approve 16 said Agreement and authorize the Interim Executive Director of the Agency to execute said 17 Agreement. 18 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY 19 OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: 20 Section 1. The Commission hereby approves the Agreement and hereby authorizes the 21 Interim Execute Director of the Agency to execute the Agreement with Consultant on behalf of the 22 Agency, together with any technical and conforming changes as may be recommended by the 23 Interim Executive Director of the Agency and approved by the Agency Counsel. 24 Section 2. This Resolution shall take effect from and after its date of adoption by this 25 Commission. //1 26 27 //1 28 2 P:\Agendas\Resolutions\Resolutions\20 I 0\07-19-1 0 AECOM - Professional Services Agreement CDC ResQ,docx The foregoing Resolution is hereby approved this c52br- day of July 21 22 23 24 1 2 3 4 5 6 7 20 CDC/2010-42 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE AGENCY AND AECOM, TO PROVIDE CONSULTANT SERVICES FOR THE PREPARATION OF A STREETSCAPE DESIGN FOR DOWNTOWN SAN BERNARDINO (MERGED CENTRAL CITY PROJECTS, CENTRAL CITY NORTH) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community meeting Nays Abstain Absent x ~'.'.".'."....'.-""'.'.'.'."'.'" ~ """ "') C,~....-~- '. ," -~' ..,";'~"'" . ._-~~ Secretary ,2010. Approved as to Form: 25 26 By: 27 28 ~~tfL Agency 0 sel 3 P:\Agendas\Resolutions\Resolutions\2010\07-19-10 AECOM - Professional Services Agreement CDC Reso.docx CDC/2010-42 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AGREEMENT FOR PROFESSIONAL SERVICES AECOM This AGREEMENT FOR PROFESSIONAL SERVICES (this "Agreement") is made and entered into as of July 19,2010 by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("Agency"), a public body, corporate and politic, and AECOM ("Consultant"). NOW, THEREFORE, IN CONSIDERA TION 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 "A" shall be responsible for the direction of any work to be performed by the Consultant and any other consultants or sub-consultants 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 "B" 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 $200,000 for completion of the services described in the Scope of Services set forth in Exhibit "B", billed to the Agency on a time and materials basis for the hours worked by 1 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\07-19-10 AECOM Professional Service Agreement_ Streetscape Design-Pending.docx CDC/2010-42 each individual listed on Exhibit "B" and at the hourly rates set forth for each such individual. B. The compensation designated in subsection 4. A. shall be the Total Fee for the performance of the work and the delivery of the final 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 sub-consultants 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. 0" 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: Jeffrey Smith, AICP, Senior Urban Planner 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 sub-consultants 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 tpe 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 4 p.m. Monday through Friday, excluding federal and state government 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 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\07-19-10 AECOM Professional Service Agreement_ Streetscape Design-Pending_docx CDC/2010-42 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, sub-consultants 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 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\07-19-10 AECOM Professional Service Agreement~ Streetscape Design-Pending.docx CDC/2010-42 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, ho\vever, 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 terminat~on 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 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 20 I 0\07.19-1 0 AECOM Professional Service Agreement_ Streetscape Design-Pending.docx CDC/2010-42 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: AECOM T-ec.hnl'co-\ SeYVl'ces ) I NC. Attention: Vaughan Davies 515 South Flower Street, 9th Floor Los Angeles, California 90071 Pst!f1 AGENCY: Redevelopment Agency of the City of San Bernardino Attention: Emil A. Marzullo, 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, including a City of San Bernardino Business License, 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 SUB-CONSULTANT ARE INDEPENDENT CONTRACTORS. The Consultant shall at all times during the performance of any work described in th~ Scope of Services be deemed to be an independent contractor. Neither the Consultant nor any of its sub- consultants 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 sub-consultants to perform any item of work described in the Scope of Services. The Consultant is entirely responsible for the immediate payment of all sub-consultant liens. 5 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\07-19-10 AECOM Professional Service Agreement_ Streetscape Design-Pending.docx CDC/2010-42 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 final 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, aJ?proved by the Agency and executed by the Interim Executive Director or his designee. 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) City of San Bernardino - WQMP & Plan Checking Services - On Call Contract - 2 Years, and (ii) City of San Bernardino - Verdemont Water - Construction Management Services 6 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\07-19-10 AECOM Professional Sef'v'ice Agreement_ Streetscape Design-Pending,docx CDC/2010-42 for a) Palm A venue Pump Station, b) Magnolia Pump Station, c) Palm Connector Transmission Main Extension and d) Palm Reservoir. 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 sub-consultant 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 financial 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 "B" or any similar or related services. The Agency may, during the term of this Agreement, Agreement 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. CONSEQUENTIAL 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 Agreement, negligence, strict liability or otherwise. The limitations and exclusions of liability set forth in this Section 28 shall apply regardless of fault, breach of Agreement, tort, strict liability or otherwise of the Consultant and the Agency, their employees or sub-consultants. 29. BUSINESS REGISTRATION CERTIFICATE. The Consultant warrants that it possesses, or shall obtain immediately after the execution and delivery of this Agreement, and maintain during the period of time that this Agreement is in effect, a business registration certificate pursuant to Title 5 of the City of San Bernardino Municipal Code, together with any and all other licenses, permits, qualifications, insurance and approvals of whatever nature that are legally requ~red to be maintained by the Consultant to conduct its business activities within the City. 7 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 20 I 0\07-19-1 0 AECOM Professional Service Agreement_ Streetscape Design-Pending.docx CDC/2010-42 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 Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic Dated: f It f lid By: Emil A. Marzullo, Interim Executive Director ~ Approved as to Form and Legal Content: BY~~ Agency unsel CONSULTANT Dated: '6' ~I 0 AECOM By ~6vwri:? Name: ])0 tJ S m.\~ Title: ~~D1 \I \CC VV-CSl'd..-e-AJ= 8 P\Agcndas\Agenda Attachments\Agcnda Altachments\Agrmts-Amend 2010\07-19-10 AECO\'l ProCessional Service Agreemenl_Slreetscape Dcsign-Pendingdocx CDC/2010-42 EXHIBIT" A" SUPERVISORY STAFF PERSONNEL Agency Staff: Emil Marzullo, Interim Executive Director Don Gee, Deputy Director Jeffrey Smith, AICP, Senior Urban Planner 9 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\07-19-10 AECOM Professional Service Agreement_ Streetscape Design-Pending.docx ODO/2010-42 EXHIBIT "B" SCOPE OF SERVICES AECOM ("Consultant") will prepare a Streetscape Design for Downtown San Bernardino to assist in the redevelopment and revitalization of Downtown San Bernardino ("Downtown"). This effort is based on discussions held with the Economic Development Agency of the City of San Bernardino, as well as the San Bernardino Downtown Core Vision & Action Plan. The objective of this effort is to prepare concept designs and schematic designs for the development of preliminary streetscape plans for the following seven study areas consisting of streets, corridors and areas as indicated on the attached graphic: ... . 5th Street Gateway at Interstate 215 . 2nd Street Gateway at Interstate 215 . 5th Street Corridor (H Street to Sierra Avenue) . 4th Street Corridor (H Street to Arrowhead Avenue) . Court Street Corridor (E Street to Arrowhead Avenue) . E Street Corridor (Court Street to 5th Street) . F Street Corridor (4th Street to 5th Street) The following outlines the proposed scope of work, deliverables, fees and assumptions: SCOPE OF WORK: TASK 1 - Conceptual Design Working at a scale of 1" = 1 00' that covers all seven study areas on a single plan, we will develop an overall graphic analysis of opportunities and constraints for downtown streetscape improvements. This graphic study will serve as important bridging document between the Downtown Core Vision & Action Plan and the development of the schematic streetscape design plans. The conceptual design plan will explore and address the following design considerations for the seven study areas: . Opportunities for enhancing future development opportunities (i.e. linkages between blocks) . Areas of existing street trees to remain . Street and curb realignment including medians (i.e. creating more opportunities for planting) . Removal/reconfiguration of on-street parking (in conjunction with parking study) 10 P:lAgendas\Agenda AttachmentslAgenda Attachments\Agrmts-Amend 2010\07-19-10 AECOM Professional Service Agreement_Streetscape Design-Pending.docx CDC/2010-42 . Sustainable design practices (creation of "green streets") . Street tree typology by street/area (i.e. deciduous vs. evergreen, flowering vs. shade, etc.) . Infrastructure constraints (i.e., underground utilities in area of proposed street trees) . Gateway/way-finding signage opportunities (i.e. overhead signs, gateway arches, etc.) . Lighting and site furniture (including transit-related improvements) . Packaging and sequencing of streetscape construction projects . Conceptual level rough-order-of-magnitude estimates of cost for each study area (to confirm approx. budget) In addition to the above conceptual design plan, a materials board (depicting proposed materials, furnishings and planting), and design narrative will be prepared at the completion of the conceptual design plan that will serve as an important baseline for the development of schematic design plans (Task 2). Task 1 Deliverables: Three (3) hard copies of each item and PDF ofthe following: . Conceptual Design Plan (color, 1" = 1 00', 36" x 48") . Sections and Elevations (color, scale varies) . Design Imagery (color photographic images) . Plant Palette (color photographic images) . Material Boards (two boards, 24" x 36") . Design Narrative . Rough order-of-magnitude estimates of cost TASK 2 - Schematic Designs Based upon the Client-approved Conceptual Design Package, refine the conceptual design to a Schematic Design level. Working at a scale of 1" = 40', plan sheets (24" x 36") will be prepared that depict the proposed schematic design improvements for each study area. Schematic design plans will illustrate the following types of proposed improvements: 11 P:lAgendas\Agenda AttachmentslAgenda AttachmentslAgrmts-Amend 2010\07-19-10 AECOM Professional Service Agreement_Streetscape Design-Pending.docx 01)0/2010-42 . Prepare a schematic design plan that indicates the proposed design and addresses elements such as: a) Sidewalk and crosswalk paving materials b) Schematic level new curb alignments c) On-street parking configuration d) Grading e) Site structures f) Water features g) Gateways and Wayfinding signage h) Landscape planting i) Site lighting j) Site furnishings ,jo' . Plan Enlargements - prepare a maximum of four (4) Plan Enlargements of the key areas or elements of the Schematic Landscape Design. . Sections and Elevations - prepare a maximum of seven (7) Sections/Elevations that support and clarify the. Schematic Landscape Plan. . Schematic Grading Plan - prepare a Schematic Grading Plan that indicates the conceptual proposed grading and drainage. . Schematic Water Feature Plan - prepare a Schematic Water Feature Plan that indicates the design intents of the proposed water feature. . Schematic Site Lighting Plan - prepare a Schematic Site Lighting Plan that indicates the proposed site lighting including pedestrian, landscape, water feature and accent lighting. . Design Imagery - provide color photographic images of built projects that indicate the project's proposed landscape character. . Plant Palette - provide color photographic Images of the proposed trees, shrubs and ground covers. . Site Furnishings - provide color photographic images of the proposed site furnishings and lighting fixtures with product information including the manufacturers, models, sizes, finishes, colors and special remarks. . Rough-order-of-magnitude estimates of cost- prepare a Statement of Probable Construction Costs based upon the Schematic Design Package. . Design Refinements - based upon review meeting comments, the direction of the Client and AECOM's internal review, refine the Schematic Design. Maximum of two (2) design refinements. 12 P: \Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\07-19-10 AEeOM Professional Service Agreement_ Streetscape Design-Pending.docx CDC/201G-42 . Illustrative Landscape Plan - prepare a color Illustrative Landscape Plan suitable for presentation purposes. . Final Presentation - present the final Schematic Design Package to the Client. One (1) meeting. . Client Submittal - submit the final Schematic Design Package to the Client. Task 2 Deliverables: Five (5) hard copies of each and PDF of the followings: ~ . Black and white plan sheets at 1" = 40' for each study area will be as follows (total 13 plan sheets). In addition, four (4) detailed sheets and one (1) set of colored illustrative plans will also be prepared: . Schematic Design Plans - seventeen (17) plans and detail sheets (one colored illustrative set of plans plus black and white, 1" = 40',24" x 36" and 11 x 17") a) 5th Street Gateway Area (one sheet) b) 2nd Street Gateway Area (one sheet) c) 5th Street Corridor (H Street to Sierra Avenue - four sheets) d) 4th Street Corridor (H Street to Arrowhead Avenue - three sheets) e) Court Street Corridor (E Street to Arrowhead Avenue - two sheets) f) E Street Corridor (Court Street to 5th Street - one sheet) g) F Street Corridor (4th Street to 5th Street - one sheet) h) Four (4) detailed plan sheets for areas of special study (to be determined) . Updated design narrative including recommended paving materials, surfaces, plant materials, site furnishings, lighting and recommended next steps (prioritization of projects by area, funding and schedule). . Updated rough-order-of-magnitude estimates of cost. ASSUMPTIONS: . Four (4) team meetings in San Bernardino, CA (including three (3) AECOM designers) . One (1) design presentation to the Agency and Mayor and Common Council . Outreach Efforts: two (2) public meetings / community open house workshops a) Development of the open house workshop format, agenda and project narrative/description for noticing by others b) Preparation of materials/exhibits. c) Conducting the meetings / workshops in San Bernardino, CA d) Report back after each event ("What we Heard") 13 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\07-19-10 AECOM Professional Service Agreement_Streetscape Design-Pending.docx ~n('HO=I;Z . This proposal includes the scope and fees of civil engineer, lighting designer and traffic engineer as sub-consultants. These sub-consultants will assist AECOM with the Scope of Work as described, and include: a) LDA- Lighting Design b) Iteris- Traffic Engineering c) AECOM Transportation and Civil Engineering . The Agency will provide electronic base sheets that are suitable for AECOM's use in the preparation of the design documents. These base sheets are to clearly indicate property lines, building footprints, curbs, existing and proposed utilities, existing and proposed improvements and other pertinent information as deemed necessary by AECOM for preparation of its design documents. . Work and invoicing will be completed on a time and material basis (T &M) with top set, utilizing the same invoice format for the Downtown Core Vision & Action Plan . Irrigation planning, design, and specifications are not included in this phase (but will be in future design development and construction documents). . Water Feature engineering scope is not included. . Plans will be prepared in AutoCAD 2007. TIMETABLE I SCHEDULE: Start: Complete: July 2010 December 2010 FEES: Fee to complete the above scope of work is two hundred thousand dollars ($200,000) including design services, meetings and reimbursable expenses, billed on a time and material basis for: . Vaughan Davies (Principal-In-Charge): . Don Smith (Principal, Landscape Design) . Joan Isaacson (Project Manager Community Outreach): . Yunsoo Kim (Project Manager, Landscape Designer): . Matt Durhan (Landscape Designer): . Nancy Graham, (Community Outreach): . JT Barr (Landscape Designer): . Josh Segal (Landscape Designer): . Word Processing I Support: . Administration I Support: . Kathleen McQuiggan (Landscape Designer): 14 $265.00Ihour $265.00Ihour $ 1 95.001hour $180.00Ihour $180.00Ihour $ 130.00Ihour $ 125.001hour $105.00Ihour $100.00Ihour $ 95.001hour $ 85.001hour P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\07-19-10 AECOM Professional Service Agreement_ Streetscape Design-Pending.docx ~p':ao'Jll~2 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) (2) (3) Comprehensive General Liability Insurance. The Consultant shall maintain comprehensive general liability insurance of not less than Two Million Dollars ($2,000,000.00) combined single limit, per occurrence. Automobile Insurance. The Consultant and each of its sub-consultants shall maintain comprehensive automobile liability insurance of not less than One Million Dollars ($1,000,000.00) combined single limit per occurrence for each vehicle leased or owned by the Consultant or its sub-consultants and used in performing work under this Agreement. Worker's Compensation Insurance. The Consultant and each of its sub-consultants shall maintain worker's compensation coverage in accordance with California workers' compensation laws for all workers under the Consultant's and/or sub- consultant's employment performing work under this Agreement. (4) Errors and Omissions Coverage. The Consultant shall maintain an insurance policy covering liability for errors and omissions of the Consllltant in performing the Scope of Services of this Agreement in an amount of not less than One Million Dollars ($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. P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\07-19-10 AECOM Professional Service Agreement_ Streetscape Design-Pending.docx 15