HomeMy WebLinkAboutR34- Economic Development ECONOMIICYDE OF SAN ELOPPMENnTOAGENCY ORIGINAL
FROM: Emil A.Marzullo SUBJECT: The Planning Center - Professional Services
Interim Executive Director Agreement (Transit Oriented Development
District,City of San Bernardino)
DATE: September 1,2010
Synopsis of Previous Commission/Council/Committee Action(s):
On August 5, 2010, Redevelopment Committee Members Johnson, Marquez and Brinker unanimously voted to recommend
that the Community Development Commission consider this action for approval.
Recommended Motion(s):
(Community Development Commission)
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 The Planning Center to provide consultant
services for the preparation of a Transit Oriented Development District for the City of San Bernardino (State
College, Uptown, Central City North, Central City South, Central City/Meadowbrook, Southeast and Tri-City
Redevelopment Project Areas)
Contact Person(s): Jeffrey Smith Phone: (909)663-1044
State College,Uptown,Central City North,
Central City South,Tri-City
Project Area(s): Central City/Meadowbrook and Southeast Ward(s): 1",2nd,3`d,5th and 7ih
Supporting Data Attached: D Staff Report Q Resolution(s) ZAgreement(s)/Contract(s) 0 Map(s) 0 Letter(s)
Not to Exceed
FUNDING REQUIREMENTS: Amount: $ 300,000 Source: Line Item 6600-
Budget Authority: Fiscal Year 2010-2011 Budget
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Signature: Fiscal Review:
Emil arzallo,Interim Executive Director Lori mo lle tm hief Financial Officer
Commission/Council Notes:
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Meeting Date: 09/07/10
Agenda Item Number: $–a—
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
THE PLANNING CENTER-PROFESSIONAL SERVICES AGREEMENT
(TRANSIT ORIENTED DEVELOPMENT DISTRICT, CITY OF SAN BERNARDINO)
BACKGROUND:
The City of San Bernardino has historically been known for low-density, suburban growth patterns. It
is reexamining this growth model in the face of concerns about air quality and climate change and the
growing demand for pedestrian- and transit-friendly neighborhoods. With the passage of SB 375,
transportation and land use decisions must be coordinated by creating a Transit Oriented Development
("TOD") Overlay District. The City of San Bernardino will fulfill this requirement and contribute to
the regional Sustainable Communities Strategy.
Currently, there are two major transit related projects that are being implemented. The San Bernardino
sbX System is a 16 mile fixed route bus rapid transit (BRT) line that will connect various City
neighborhoods and destinations to the City of Loma Linda. The Redlands Light Rail Project will
connect the cities of San Bernardino, Loma Linda and Redlands via a 7.6 mile light rail system. Both
projects will provide the City and its residents with thirteen (13) permanent stations, along with an
opportunity to create a TOD Overlay District to meet future population and transportation needs.
These two transportation projects and planned transit stations were the focus a Community Based
Transportation Planning Grant Application submitted to the California Department of Transportation
("Caltrans")by the City in February 2009. Caltrans made funding available for transportation and land
use planning studies under this Grant Program. In March 2009, the Mayor and Common Council of
the City of San Bernardino approved the submittal of an application for this Grant Program. In
September 2009, Caltrans notified the City of an award of the Grant in the amount of$250,000. With
a matching contribution of$25,000 and an in-kind match of$25,000, the total amount of funds for this
project is$300,000.
The objective of developing a TOD Overlay District is to create an environment around the various
station locations that will be complementary to mass transit. By allowing greater density and mixture
of land uses around the station locations, pedestrian activity will increase and the need for an
automobile will decrease. The TOD Overlay District will support sustainablellivable community
concepts by introducing housing and retail uses near mass transit, allowing residents to easily live,
work and socialize in the City of San Bernardino, neighboring cities, and the region without a private
automobile.
Developing transit-friendly land use standards and design guidelines around planned BRT and light
rail stops will provide enhanced transit options and increase connectivity for San Bernardino residents.
Creating a TOD Overlay District will also reduce the amount of traffic on existing roadways by
providing more opportunities to use alternative forms of transportation for daily needs.
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Meeting Date: 09/07/10
Agenda Item Number: IW,
Economic Development Agency Staff Report
The Planning Center-Professional Services Agreement
Page 2
CURRENT ISSUE:
On April 14, 2010, the Agency issued a Request for Proposals ("RFP") for the Preparation of a Transit
Oriented Development Overlay District, City of San Bernardino. First, the RFP was posted on the
Agency's web page along with the RFP being posted on the California Redevelopment Association
("CRA") and the American Planning Association ("APA'"') web pages. ht addition, the RFP was
posted on the local chapters Inland Empire APA and Los Angeles APA web pages.
Second, Agency Staff sent the RFP, via e-mail to 17 consulting firms with expertise in the preparation
of TOD districts, overlay districts and TOD plans. Finally, from the postings on the web pages,
Agency Staff received a few phone inquiries regarding the RFP and requests to receive it.
The RFP required the consulting firms to prepare and submit a proposal to perform the necessary
analysis and prepare the necessary documentation for a TOD Overlay District Plan. The RFP required
that all proposals be submitted to the Agency no later than Friday, May 21, 2010 at 12:00 p.m.
Subsequently, the RFP deadline was extended to Friday,June 4, 2010, 12:00 p.m.
On June 4, the Agency received 13 proposals for the Preparation of a TOD Overlay District. The
proposals received were from:
Consultant Firm Firm Location
Dyett&Bhatia San Francisco, CA
Van Meter Williams Pollack San Francisco, CA
Design, Community& Environment(DCE) Ventura, CA
The Planning Center Costa Mesa, CA
KTGY Group Irvine, CA
Ferrell Madden Lewis Washington, DC
Community Design& Architecture Oakland, CA
IBI Group Irvine, CA
Gruen Associates Los Angeles, CA
Moule &Polyzoides Pasadena, CA
AECOM Los Angeles, CA
RTKL Los Angeles, CA
RBF Consulting Irvine, CA
On June 7, 2009, Agency Staff performed an initial review of the proposals to determine if they were
completed in the required format and complied with the requirements of the RFP. All proposals
passed the initial review.
From June 14, 2010 through June 22, 2010, a RFP Review Team, consisting of Agency Staff, along
with staff from the City of San Bernardino Planning Department and Mayor's Office, performed a
Technical Review of the proposals. The Technical Review, as outlined in the RFP, considered the
Consultant's past experience in preparing TOD Overlay Districts; Consultant team experience and
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Meeting Date: 09/07/10
Agenda Item Number: Aq
Economic Development Agency Staff Report
The Planning Center-Professional Services Agreement
Page 3
qualifications; Methodology; Support Organization and Quality Assurance; Preparation Schedule;
Record Keeping procedures and Cost. Based on the submittals received, the cost to prepare the TOD
Overlay District ranged from a low of$226,468 to a high of$251,370.
The Review Team evaluated each proposal to determine which Consultant Firms would move on to the
Interview Phase. The Team used the criteria established for the technical review to determine which
firms would be interviewed. Based on their responsiveness to the RFP and professional approach to
prepare a TOD Overlay District,the Review Team selected five firms to be interviewed:
Consultant Firm Firm Location Proposal Cost
AECOM Los Angeles, CA $250,000
The Planning Center Costa Mesa, CA $249,410
Design, Community&Environment Ventura, CA $249,914
Mottle&Polyzoides Pasadena, CA $240,000
Dyett& Bhatia San Francisco, CA $249,980
On July 14, 20 and 21, 2010,the Agency held interviews of the five firms listed above. The Interview
Panel consisted of Agency Staff and staff from the City of San Bernardino Development Services
Department, Planning Section, the Mayor's Office, San Bernardino Associated Governments and the
California Department of Transportation. Each firm gave an overall presentation which outlined their
firm's history, qualifications, proposal and project staff. From a list of prepared questions, the
Interview Panel asked each firm to describe their team and qualifications, understanding of the project,
experience in preparing TOD overlay district plans, sustainability related to TOD overlay districts,
current work efforts, difficulty and challenges in developing a Pro-Forma Model, community
engagement, and form based code preparation. In addition, each firm was asked a number of follow-
up questions that were not from the prepared list, but based on a response at the time of the interview.
After interviewing the five firms, the interview panel recalled and reviewed the responses and
discussed the merits of each firm. After the discussion, the Interview Panel ranked the firms and
concluded that The Planning Center best exhibited their knowledge, experience and methodology for
the preparation of the TOD Overlay District. Their cost proposal was within the Grant limit of
$250,000.
The Planning Center (TPC) is located in Costa Mesa, California, with additional offices in Southern
California and Utah. TPC has prepared TOD Overlay and District Plans for many Agencies in
Southern California. In San Bernardino, TPC also prepared the E Street Station — SCAG Compass
Blueprint Demonstration Project, and the General Plan and Housing Element Updates. It is the
recommendation of the Interview Panel that the Agency utilize the services of The Planning Center for
the Preparation of a TOD Overlay District, San Bernardino.
PUgeMnW D Commisman�201WQ 40 The Pinning Cemm Pro iovl& mAgramem SRdo COMMISSION MEETING AGENDA
Meeting Date: 009/907/10
Agenda Item Number: AN
Economic Development Agency Staff Report
The Planning Center-Professional Services Agreement
Page 4
ENVIRONMENTAL IMPACT:
Establishing and entering into a Professional Services Agreement with The Planning Center to prepare
a TOD Overlay District for the City of San Bernardino does not meet the definition of a "project"
under Section 15378 of CEQA.
FISCAL IMPACT:
The preparation of the TOD Overlay District will have a fiscal impact on the Agency in the amount of
$300,000, which will be paid for from tax increment funds and said amount is budgeted in Fiscal Year
2010-2011 Agency Budget. The Agency will be advancing periodic payments for the TOD Overlay
District and will be reimbursed back to the Agency via invoice to Caltrans as the Agency makes each
payment. With a matching cash match of$25,000 and an in-kind match of$25,000, the total amount
of funds for this project is$300,000.
ENVIRONMENTAL IMPACT:
Establishing and entering into a Professional Services Agreement with The Planning Center to prepare
TOD Overlay District for San Bernardino does not meet the definition of a "project" under Section
15378 of CEQA.
FISCAL IMPACT:
The preparation of a TOD Overlay District for San Bernardino will have a fiscal impact on the Agency
in an amount not to exceed$300,000, which will be paid for from tax increment funds and said amount
is budgeted in the Fiscal Year 2010-2011 Agency Budget: Consultant Services-Budget Line 6600,
Agency Activities.
Account Budgeted Amount: $3,791,000 Balance as o£ September 1, 2010
Balance after approval of this item: $3,491,000
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
Emil A. N arzu , nterim Executive Director
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Meeting Date: 09/07/10
Agenda Item Number: U
RESOLUTION NO.: C 0 PT
1
2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
3 THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
4 AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT BY AND
5 BETWEEN THE AGENCY AND THE PLANNING CENTER TO PROVIDE
CONSULTANT SERVICES FOR THE PREPARATION OF A TRANSIT
6 ORIENTED DEVELOPMENT DISTRICT FOR THE CITY OF SAN
7 BERNARDINO (STATE COLLEGE, UPTOWN, CENTRAL CITY NORTH,
CENTRAL CITY SOUTH, CENTRAL CITY/MEADOWBROOK,
8 SOUTHEAST AND TRI-CITY REDEVELOPMENT PROJECT AREAS)
9
10 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), is a
11 public body, corporate and politic existing under the laws of the State of California, Community
12 Redevelopment Law, Health and Safety Code 33000, et seq. (the "CRL'), and is charged with the
13 mission of redeveloping blighted and underutilized land; and
14 WHEREAS, in March 2009, the City of San Bernardino (the "City") submitted an
15 application to the California Department of Transportation ("Caltrans") for a Community-Based
16 Transportation Planning ("CBTP") Grant; and
17 WHEREAS, the CBTP Grant Program Funds are made available by Caltrans to encourage
18 livable/sustainable community concepts with a transportation or mobility objective and promote
19 community identity and quality of life; and
20 WHEREAS, the City has previously adopted a Resolution authorizing the Agency to be a
21 sub-recipient of such CBTP Grant Program Funds for the actual use and administration of such
22 CBTP Grant Program Funds.
23 WHEREAS, in September 2009, Caltrans notified the City of an award of the CBTP Grant
24 in the amount of$250,000; and
25 WHEREAS, on April 14,2010, the Agency issued a Request for Proposal for the preparation
26 of a Transit Oriented Development("TOD")Overlay District for the City of San Bernardino; and
�27
28
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I WHEREAS, on June 4, 2010, the Agency received 13 proposals for the preparation of a
2 TOD Overlay District;and
3 WHEREAS, the Agency reviewed the proposals and interviewed the most qualified
4 consultants; and
5 WHEREAS, on August 5, 2010, the Redevelopment Committee of the City of San
6 Bernardino (the "Redevelopment Committee") recommended to the Community Development
7 Commission ("Commission") of the City of San Bernardino approval of a Professional Services
8 Agreement (the "Agreement"), attached hereto, by and between the Agency and The Planning
9 Center(the "Consultant"),to accomplish any and all tasks necessary to prepare and complete a TOD
10 Overlay District for the City of San Bernardino; and
11 WHEREAS, the Redevelopment Committee recommended that the Commission approve
12 this Agreement and authorize the Interim Executive Director of the Agency to execute said
13 Contract.
( 14 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
15 OF SAN BERNARDINO DOES HEREBY RESOLVE,DETERMINE AND ORDER,AS FOLLOWS:
16 Section 1. The Commission hereby approves the Agreement and hereby authorizes the
17 Interim Executive Director of the Agency to execute the Agreement with the Consultant on behalf
18 of the Agency, together with any technical and conforming changes as may be recommended by the
19 Interim Executive Director of the Agency and approved by the Agency Counsel.
20 Section 2. This Resolution shall take effect from and after its date of adoption by this
21 Commission.
22
23
24
25
26
27
28
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
1 THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
2 THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDE40 ("AGENCY") TO
3 EXECUTE A PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE AGENCY AND THE PLANNING CENTER TO PROVIDE
4 CONSULTANT SERVICES FOR THE PREPARATION OF A TRANSIT
5 ORIENTED DEVELOPMENT DISTRICT FOR THE CITY OF SAN
BERNARDINO (STATE COLLEGE, UPTOWN, CENTRAL CITY NORTH,
6 CENTRAL CITY SOUTH, CENTRAL CITY/MEADOWBROOK,
SOUTHEAST AND TRI-CITY REDEVELOPMENT PROJECT AREAS)
7
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 meeting
10 thereof,held on the day of 2010,by the following vote to wit:
11 Commission Members: Ayes Nays Abstain Absent
12 MARQUEZ —
13 DESJARDINS —
BRINKER —
14
SHORETT —
15
KELLEY — —
16 JOHNSON _ —
17 MC CAMMACK —
18
19
20 Secretary
21 The foregoing Resolution is hereby approved this day of 2010.
22
23
Patrick J. Moms, Chairperson
24 Community Development Commission
of the City of San Bernardino
25 Approved as to Form:
26
ter/"27 By:
Agency Co sel
28 3
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REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGREEMENT FOR PROFESSIONAL SERVICES
THE PLANNING CENTER
This Agreement For Professional Services (this "Agreement') is made and entered into as of
September 7, 2010, by and between the Redevelopment Agency of the City of San Bernardino
("Agency"), a public body, corporate and politic, and The Planning Center("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:
I. 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
$249,410 for completion of the services described in the Scope of Services set forth in
Exhibit "B", billed to the Agency monthly on a time and materials basis for the hours
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worked by each individual listed on Exhibit `B" and at the hourly rates set forth for each
such individual for each monthly billing invoice.
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.
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`Bee 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 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 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.
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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.
10. CONFIDENTIALITY OF MATERIALS AND INFORMATION. The Consultant shall keep
confidential all reports, survey notes and observations, information, and data acquired or generated
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m 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 parry.
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.
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
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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 parry 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: The Planning Center
Attention: Karen Gulley
515 South Flower Street, 9h Floor
Los Angeles, California 90071
AGENCY: Redevelopment Agency of the City of San Bernardino
Attention: Emil A. Marrullo, Interim Executive Director
201 North"E" Street, Suite 301
San Bernardino, California 92401
Phone: (909) 663-1044
Fax: (909) 888-9413
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 the 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
O^ payment of all sub-consultant 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
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Pl VndaMpg An¢hmans\AgeMaA nhmems\AP s-Amend30IM-07-10nePlanning Cema Pso S60 Se cos Agmemem-TODD I,DiadaA
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, approved 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 Berardino — WQMP & Plan Checking Services — On Call Contract — 2
Years, and (ii) City of San Berardino — Verdemont Water— Construction Management Services
for a) Palm Avenue 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
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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 required to be
maintained by the Consultant to conduct its business activities within the City.
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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: By:
Emil A. Marcullo, Interim Executive Director
Approved as to Form and Legal Content:
By. t
Agency Co i el
CONSULTANT
The Planning Center
By:
Name:
Dated: Title:
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P:WVc as Agenda An¢AmenlsWgma AnechmentsWg is-Ame 3010to0-0-10 The Plmning CeMerP sessional Services AgrmmeM-TOD Overby DinnuE
EXHIBIT "A"
SUPERVISORY STAFF PERSONNEL
Agency Staff:
Emil Marzullo,Interim Executive Director
Don Gee, Deputy Director
Jeffrey Smith, AICP, Senior Urban Planner
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=M-07-10 The Plw.,C.,Prokuional g ias Agreemem-TOO Ovally Dimicl.�ce
EXHIBIT `B"
SCOPE OF SERVICES
TASK 1: PROJECT INITIATION
TASK 1.1: KICK-OFF MEETING
The Planning Center team will meet with Agency Staff to review the scope of work, confirm the
goals and objectives for the project, refine the schedule, and discuss existing background
information. We will bring a draft project schedule, a TOD Overlay Plan outline, and a draft
Public Outreach Plan to the meeting to facilitate the discussion and ensure that key milestones
are met.
We will also bring a list of key files and documents necessary to augment our existing
information base. The Planning Center team, through its work on the City's General Plan and
Housing Element update, E Street Station design, and sbX outreach, is already in possession of
a great deal of citywide and station area data and a comprehensive understanding of the project
stakeholders. After the kick-off meeting, we will deliver a memo summarizing the discussion
and the scope, schedule, roles, goals, budget, and remaining data needs.
Deliverables:
• Draft Project Schedule
• TOD Overlay Plan Outline
• Draft Public Outreach Plan
• Data Needs List, and Summary Memo
TASK 1.2: SITE TOURS
The Planning Center team will conduct site tours of the 13 transit station areas to discuss the
development context, initial opportunity sites, future projects, and transit improvement plans.
The tour groups will include representatives from the City, the consultant team, Omnitrans,
SANBAG, Caltrans, and other key stakeholders from the community. The station areas would
be divided by geographic location into four groups (see initial groupings below), and tours will
take place over the course of a single day.
Group 1 Group 2 Group 3 Group 4
Palm/Kendall Marshall/E Street N. Mall Way/E Street Hunts/Hospitality
Un ivers ity/North park Highland/E Street Sierra/Mill Carnegie/Hospitality
Little Mtn./Kendall Baseline/E Street Tippecanoe/Hospitality
Shandin TippecanoeNictoria
Hills/Kendall
To facilitate the site tours, each participant will receive a tour packet containing a map of each
station area, a summary of existing conditions and land uses, key market and transportation
factors to consider, and examples of other transit stations for reference. During the site tours,
we will also take site photos for documentation of existing conditions and for potential use in
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photo simulations or renderings in later tasks. Group discussions will be conducted during a
lunch break and after the final station is toured to capture the group's initial thoughts and
comments. This information, along with information from Task 2, will be distributed as a
summary for use in the Strategic Advisor Roundtable and outreach efforts.
Deliverables:
• Site Tour
• Tour Packet
• Tour Summary
• Photo Inventory
TASK 2: DUE DILIGENCE
TASK 2.1: DATA COLLECTION AND ANALYSIS
The Planning Center team will analyze and map existing conditions. As stated in Task 1, our
team has worked with the City continuously over the past decade on comprehensive plans,
specific plans, and transit plans. We are already in possession of and have worked with the
City's GIS data and SCAG's, SANBAG's, and Omnitrans' transportation data.
Accordingly, the City and consultant team can minimize time spent on data collection and focus
our efforts on analyzing and presenting information on existing development patterns and urban
form. A preliminary list of information to be collected for each station area is included below.
This information will be compiled into an Existing Conditions Report and partnered with a Policy
and Program Summary Report that identifies recommended changes and amendments.
• Density, intensity and coverage patterns + Market conditions
• Vacant and underutilized lands + Neighborhood and business organizations
• Policy and programmatic foundations, + BRT station plans, light rail station concepts,
and zoning regulations and standards and ridership data
• Building conditions, fagade treatment, + Open space, including access and
and operation parameters
streetscape conditions
• Roadway configurations and capacity + Infrastructure conditions and capacity
• Parking supply and location + Environmental hazards and limitations
• Connectivity options for private vehicles,
mass transit, bicycles, and pedestrians
Deliverables:
• Existing Conditions Report
• Policy and Program Summary Report
TASK 2.2: STATION AREA MARKET ANALYSIS
The existing conditions information will be augmented by a market analysis that first identifies
the station areas most ripe for redevelopment and then identifies market driven development
scenarios and product programming detail for each site. Through its evaluation, the market
analysis will directly influence the land uses and development standards to be included in the
TOD Overlay District.
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Moreover, the City will be provided with the market analysis needed to convince developers,
investors, property owners, and City decision makers of the development potential within the
Station Areas. The market analysis will also help the City attract and retain interest at events
such as the International Council of Shopping Centers Conference, Urban Land Institute events
and conferences, the Pacific Coast Builders Conference, and other developer/builder events.
TOD Station Area Screening. The Concord Group will screen the 13 station areas to assess
the market potential for transit oriented development, focusing on the parcels immediately
surrounding the planned station areas and evaluating their redevelopment potential relative to
the following attributes suitable for incorporation into a pro-forma analysis.
• Land/improvement values + Surrounding land uses
• Age of Ownership + Proximity to key amenities and services
• Physical characteristics + Visibility and Accessibility
• Zoning regulations and standards + Traffic counts
Interviews with community stakeholders around each station area will augment the quantitative
analysis to uncover unique nuances of the local neighborhood. The above analysis, along with
our team's experience with TOD (BRT and light rail) developments throughout the nation, will
allow us to identify the sites with the greatest opportunity for new TOD development. Our
preliminary assessment, based on our knowledge of the City, each station area, and TOD
trends, indicates that 4 to 6 of the 13 station areas are likely ripe for redevelopment in the next 2
to 5 years.
Station Area Specific Market Analysis. Based on the screening described above, The
Concord Group will then define the selected sites' Primary Market Areas (PMAs) for each land
use category (for-sale and for-rent residential, retail, and office). The PMA (also known as the
trade area) is the area from which the majority of demand will emanate for a given product
offered in the station area. Macro-level market and socioeconomic data will be analyzed for
each PMA, including population, household, and employment trends; age and income
distribution; housing market sales; and building permit trends.
A statistical demand forecast will then be conducted for each PMA to determine potential market
depth for the potential land uses. The demand models combine statistical and judgmental
methodologies: socio-economic and demographic projections, performance at competitive
projects, local market conditions, planned and proposed developments in the market area, and
locational attributes of the site. Using separate models, we will project annual demand potential
for each product type in the PMA and estimate the capture potential of the site within.
The Concord Group will then define the Competitive Market Areas (CMAs) for each land use
envisioned for the station areas. The CMA is the area in which the proposed product types will
compete with similar projects on a more or less equal basis. Competitive and comparable
projects (existing, planned, and proposed) will be surveyed within the CMA and analyzed with
regard to the following attributes:
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• Location + Price/rent/lease-rate ranges
• Developer + Product mix and amenities
• Date of Development + Buyer/renter/lessee
The Concord Group will also analyze the City's existing and projected redevelopment
inclusionary housing obligations as well as other parallel or complementary housing programs
and commitments to ascertain the potential need for and resources available for affordable
housing within the station areas.
Based on all of the above, as well as our team's experience in the market, The Concord Group
will derive conclusions relative to demand and supply conditions by product type and as they
relate to the sites as a whole. These conclusions will allow our team to identify market driven
development scenarios and provide product programming detail for each site, specifically
addressing:
• Supportable mix and intensity of mutually supportive product types
• Recommended locational criteria and phasing schedule
• Supportable configuration, pricing and/or lease-rate positioning for each market segment
•Absorption projections for each product type proposed or recommended
Deliverable:
• Station Area Market Analysis Report
TASK 2.3: STRATEGIC ADVISOR ROUNDTABLE
The next step in understanding the development potential of the station areas and implications
for the TOD Overlay District will involve a Strategic Advisor Roundtable. This roundtable will be
designed to provide the City and consultant team with direct input from individuals with expertise
in BRT and light rail; the local commercial, office, and residential market; and transit-oriented
land use regulation and policy.
Attendees. The roundtable will consist of 6 to 8 representative from the City, another 6 to 8
individuals from outside public and private entities, and a few members of the consultant team.
We expect the City representatives to include the Economic Development Director, Community
Development Director, representatives from the Planning Commission and City Council, and
other City committee members and stakeholders. In advance of this project, The Planning
Center has already been in contact with potential participants from outside agencies and
organizations.
The Planning Center has received confirmations of interest from individuals such as Ted Snell, a
Senior Vice President of CB Richard Ellis, a global leader of real estate services with two
branches in the Inland Empire. Another potential participant is Dr. John Wu of the Leonard
University Transportation Center at California State University San Bernardino. Other
participants include City Ventures (Mark Buckland, President), Urban West Strategies (David
DiRienzo, President/Founder), Jamboree Housing Corporation (Christine Villegas, Community
Development Manager), and representatives from TELACU and/or Meta Housing Corporation.
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The Planning Center will lead the Strategic Advisor Roundtable in conjunction with the City's
Project Manager. Bill Vincent, Director of the Bus Rapid Transit Policy Center in Washington,
DC, will also participate in the roundtable. His expertise on BRT systems (nationally and
globally) and their impact on economic development, air quality, access, and other important
issues will be invaluable to the City and other stakeholders. Finally, The Concord Group will join
the roundtable to communicate and discuss the findings of the market analysis, including the
requirements to attract key land use development types, sustainability of the selected market for
certain uses, development risks, and the necessary regulatory tools and development standards
to make the sites viable.
Roundtable Material and Scheduling. The information gathered and generated in the prior
tasks will be compiled into a Briefing Paper, including a Map Book for each station area, for use
in a Strategic Advisor Roundtable discussion. Additionally, a PowerPoint will be prepared that
highlights BRT and light rail station case studies from cities and regions comparable to the
Inland Empire. The local and regional knowledge of The Planning Center will be augmented by
the national and global knowledge of Fehr & Peers and the BRT Policy Center.
The materials and results of the roundtable will be summarized in an electronic publication to
guide efforts in subsequent tasks and to serve as a reference document as the City, Omnitrans,
and SANBAG implement the sbX and Redlands Rail Line projects. The roundtable will be
scheduled to follow the market analysis in Task 2.2 and the direct public outreach efforts in Task
4.1.
Deliverables:
• Briefing Paper and Map Book
• Strategic Advisor Roundtable
• PowerPoint Presentation on Case Study Findings
• Summary Publication
TASK 3: OVERLAY ZONE PLANNING AND DESIGN
Based on the input received during the public outreach, the existing conditions around each
station area, and the market analysis and roundtable findings, The Planning Center will prepare
conceptual station area plans for up to six transit stations, consisting of two-dimensional and
three-dimensional graphics and corresponding pro-forma analyses. The Planning Center may
also enlist the assistance of students and staff of the Leonard Transportation Center at CSUSB
(who has confirmed their interest) to gather existing conditions data and provide input into the
station planning (particularly for the University/Northpark station). The conceptual plans and
analyses will generate development standards and design guidelines backed by the realities of
the market, the vision of good urban form, and the needs of transit-oriented development.
TASK 3.1: CONCEPTUAL STATION AREA PLANS
The Planning Center and Cooper Carry will generate a draft conceptual station area plan for
each of the six station areas using a land use mix supported by the market analysis and
development standards typical for the density and intensity levels considered appropriate for
each station area. The Planning Center may also enlist the assistance of students and staff of
the Leonard Transportation Center at CSUSB (who have confirmed their interest) to gather
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existing conditions data and provide input into the station planning (particularly for the
University/Northpark station). The draft conceptual plans will then be evaluated and refined
using the pro-forma model described below. The goal will be to maximize development
feasibility and minimize public subsidy requirements, while achieving the TOD vision. These
draft and revised scenarios will be presented to the City for review and input.
Fehr & Peers will utilize its Direct Ridership Model (DRM) to assist in this process. The DRM
process was developed by Fehr & Peers initially to assist BART (Bay Area Rapid Transit) with
its station planning activities. DRM utilizes station land use characteristics (such as parking, bus
circulator service, residential population, employment, design accessibility, etc.) to estimate
ridership at the station level. Fehr & Peers' initial DRM was calibrated to the BART system, and
BART utilized it to investigate land use modifications (such as converting parking areas to
mixed-use, high-density development) and assess the modifications impact to ridership. Since
that time, Fehr & Peers has developed DRMs for other transit systems throughout the Western
United States.
Ideally, there would be sufficient local data available to develop a specific DRM for San
Bernardino County. However, since the system has not yet been fully implemented, Fehr &
Peers will synthesize data from a similar DRM (Sacramento, Utah, or San Diego) for use in this
project. The synthesized DRM will be utilized to assess the implications of proposed land use
around the San Bernardino stations (e.g. Fehr & Peers will estimate ridership potential at each
of the TODs based on the proposed characteristics of each site).
After the City approves the revised scenarios, Cooper Carry will generate illustrated (two
dimensional) site plans and three-dimensional graphics to help City staff and officials visualize
the potential of each station area. These graphics will also be used in the Community Charrettes
(Task 4.2) to convey the development concepts and solicit feedback for potential revisions. The
three-dimensional graphics will allow City staff and officials and members of the public to
virtually walk the station area and its surroundings by viewing a pre-programmed file on the
City's website and at the charrettes.
The three-dimensional graphics will provide massing for the entire quarter-mile station area, and
show architectural level details for to those parcels and proposed buildings/structures
immediately surrounding the BRT or light rail station. We will confirm the type of architectural
styles and level of detail appropriate for each station area with the City prior to rendering the
three-dimensional graphics.
The modeling software used allows us to view the conceptual plans from any angle and
elevation, and adjust the path of the sun and resulting shadows to match any time of day or
year. We can provide still images for up to six different angles or seasonal conditions from the
three-dimensional model for each station area for use in public outreach and City discussions.
Following the public charrettes, Cooper Carry will refine and provide a final set of a two
dimensional conceptual land use plan and three still images from the three-dimensional model.
The City will also receive the native digital model file that can be viewed on any computer with
Google Earth and edited using Sketch-Up software. Finally, Cooper Carry will provide the City
with one illustrated axonometric rendering of each final station area plan suitable for use in the
final products of this project and in marketing materials generated in the future.
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Deliverables:
• Draft, Revised, and Final Illustrated TOD Land Use Plans (up to six station areas)
• Still Images from the 3-D Model (up to three views per station area)
• the 3-D Model (native digital format)
• Illustrated Axonometric Renderings (one per station area)
TASK 3.2: TOD OVERLAY PRO-FORMA MODEL
The Concord Group will update its pro-forma model and development assumptions currently
being used to design the E Street Station through the market analysis, interviews with builders
and engineers, and industry standard factors. The Concord Group will then apply the pro-forma
model to the draft conceptual plans generated by The Planning Center and Cooper Carry to
gauge the initial implications of market rate product type, development intensities, development
standards, and the inclusion of affordable housing. The results will help identify necessary
changes either in the conceptual plans or in the potential development standards, inform the
revised conceptual plans, and provide direction on potential phasing options to enhance
feasibility.
Once the conceptual plans have been revised, the pro-forma analysis will be applied again to
ensure the plans represent feasible options and inform the City on how much redevelopment
assistance (if any) will be necessary to generate market rate and/or affordable TOD projects.
The pro-forma model's assumptions and methodology will be carefully documented and
presented so that the model can be used by City staff and other agencies, including Caltrans
and SANBAG, for future TOD studies, as well as in discussions with developers, investors, and
property owners.
Deliverables:
• TOD Overlay Proforma Model
TASK 3.3: OVERLAY ZONE/DESIGN GUIDELINES AND STANDARDS
Using the information and understanding generated from the previous tasks, The Planning
Center will craft a TOD Overlay Zoning District, including development standards and design
guidelines that encourage and facilitate walkable, transit-oriented development that capitalizes
on the forthcoming BRT or light rail stations.
The Overlay Zone will apply to all 13 station areas and include a common set of standards and
guidelines. We anticipate that there will need to be a subset of customized standards and
guidelines for each station or station type. Other jurisdictions, such as the County of Los
Angeles, have used this method to apply an overlay zone to a large number of diverse transit
stations over a wide geographic area, while providing customized guidelines to ensure the
station areas are developed in a manner that is compatible with the surrounding neighborhoods.
The development standards and design guidelines will focus on land use patterns that support
bus and rail transit. Based in part on the results from the DRM, we will also be able to identify
appropriate standards for the individual land uses and transit facilities, as well as strategies,
design guidelines, requirements, and locations for parking areas and structures in the station
areas.
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Because the TOD Overlay Zoning District is being applied to specific areas of the City, a form-
based approach can be considered. The Planning Center has generated a hybrid form-based
approach that combines the best of both form-based and conventional zoning ideas and
techniques. At a minimum, we would address the following issues in the zoning document:
• Intent and purpose + Open space requirements
+Applicability + Legal non-conforming uses and structures
• Review procedures + General design requirements
• Station area types/locations + Special design requirements
• Boundary amendments + Circulation and connectivity
• Permitted uses + Landscaping
• Density and intensity + Lighting
• Dimensional requirements, building + Site development review procedures and
placement, and streetscape design standards
• Parking requirements
The zoning document would be highly illustrated with sketches, photographs, and renderings to
ensure the development standards and guidelines can be easily and clearly interpreted by City
staff, developers, and other members of the public. The Planning Center has an extensive
background preparing customized, illustrated development standards and design guidelines in
Specific Plans and form-based codes for conventional and transit-oriented developments.
Deliverables:
• Working Draft Overlay Zone for internal review
• Revised Draft for an additional round of review by City staff and at the community
charrette
• Final version for public meetings in Task 5
TASK 4: PUBLIC OUTREACH AND PARTICIPATION
The public outreach task of this project is critical not only for satisfying the requirements of the
funding requirements, but more so to gain valuable input and generate acceptance from those
neighborhoods and stakeholders who will be directly affected by the introduction of the sbX and
Redlands Rail lines.
The public outreach task will be lead by Arellano Associates (AA), a firm with specialized
expertise in public outreach programs for planning and design projects, which also has existing
knowledge of the key stakeholders through the firm's previous outreach efforts in San
Bernardino. AA's approach relies upon an early investigation into the key issues, community
organizations, and leaders for the station areas, including an understanding of the history of the
EDA with the community. This proposal recommends a blend of direct outreach and community
charrettes to support the project's design and planning tasks as well as the overarching social
and civic goals. As stated previously, we will refine this approach with the City at the Kick-off
Meeting to ensure meets these criteria in an effective and efficient manner.
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AA will organize all of the above activities and meetings, unless otherwise noted or agreed upon
during the project. Meeting materials will be provided in both English and Spanish and meeting
day interpretation services will be conducted by bilingual members of the consultant team
experienced in public outreach and transit planning.
AA will also record and/or document all public oral and written comments on the project through
the public input options described above. Concerns and questions will be recorded, organized,
and presented to the City staff and other members of the project team as an Issues Matrix
designed for timely and simple review and consideration. To the fullest degree possible, AA and
The Planning Center will respond to and/or facilitate a response to all public comments and
concerns.
TASK 4.1: DIRECT PUBLIC OUTREACH
Although many residents, employees, and other individuals are aware of the sbX and Redlands
Rail lines, few still understand what it could mean for them and their neighborhood. Based on
our knowledge of the City and similar BRT and light rail projects, we anticipate a number of
typical questions and concerns:
• Where will the stations be specifically located?
• What are the criteria for selecting locations?
• What steps will be taken to minimize and/or avoid gentrification?
• What are the impacts of this project on my property?
• What impacts and changes could the project bring to my neighborhood?
• How will this project improve my neighborhood?
• How can this project help with existing issues, such as crime?
• What will the intensity of land uses look like?
• What types of land uses and development types will be allowed?
• What are the potential environmental impacts
(noise, dust, loss of business, traffic impacts, etc.)?
• How will the success of this project be measured?
To answer these and other questions, we propose a series of outreach strategies and tools to
enable the consultant team and City staff to educate the public on the nature and benefits of the
project, collect input from those affected by the project, and build capacity within the City to
conduct additional outreach during and after the project.
Key Stakeholder List. Our team has met with (and in some cases worked with) many of the
key stakeholders in the City of San Bernardino through recent projects conducted for and with
the City. The projects and stakeholders include those related to site planning, transit planning,
downtown planning, redevelopment planning, and comprehensive policy planning. AA will
augment the team's compiled stakeholder list with additional local and regional stakeholders,
identified by the City and AA, who would have an interest in this project.
This could include local property owners, residents, businesses, professional associations,
chambers of commerce, educational institutions, major employers, elected officials, media, and
any other sensitive receptor in and around the project area. This stakeholder list will be the
primary resource for outreach notification and scheduling.
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Electronic Media and Notification. An increasing percentage of people, even in lower income
neighborhoods, are receiving and searching for information through the internet and other
electronic means. The City has already established a project webpage and maintains electronic
notification systems. AA and other members of the consultant team will provide project related
information, documents, and links for placement on the project webpage. AA will also make
recommendations for the City's webmaster on possible enhancements, such as interactive
comment logs, where members of the public can provide direct input and ask questions
(moderated by the City and/or AA).
In addition to disseminating information to the public via email and other City and non-City
websites, the project could utilize social media outlets such as Facebook and Twitter to share
information about the project and community meetings. AA and The Planning Center can also
help coordinate program ideas and material for the City's local cable television channel
(Government and Educational Channel, Channel 3), as well as the local public radio and
television station, KVCR.
Electronic media can be very effective and efficient for public outreach efforts, particularly in
regards to reaching those who would otherwise not receive information or participate. However,
experience has revealed that it has its limitations and should not be seen as a substitute for
person-to- person outreach.
Collateral Material. AA will develop a project fact sheet to serve as a leave-behind/takeaway
piece for corridor walks, neighborhood based meetings, community meetings, and general
education. AA and The Planning Center will also provide graphics and written material in
support of the outreach efforts, including potential coverage by the local press (San Bernardino
Sun or others listed above).
Outreach Meeting Tool Kit. AA will also, in cooperation with The Planning Center, develop a
project PowerPoint presentation supported by collateral materials, a project survey (hard copy,
PDF, and web-based), and a key messages document that enables members of the consultant
team, City staff, and other project partners to conduct individual or small scale outreach
meetings extending the reach of the message and providing an opportunity to engage a broader
range of community input. A short video message from Mayor Morris can also be included to
provide a compelling message with a personal touch to the presentation.
Community Walks and Interviews. Key corridor segments, businesses, and stakeholders will
be identified and targeted for community walks, in which members of the consultant team and
City staff walk in the selected areas to meet in person with stakeholders. Using components
from the Outreach Meeting Tool Kit, team members (AA, The Planning Center, and City staff)
will meet one-on- one with key stakeholders. (Up to 15 site visits scheduled over two days).
Neighborhood Based Meetings. AA will identify existing organizations and groups and seek
opportunities to provide briefings and solicit input at meetings already schedule by the City and
community organizations. For example, briefings can be provided to neighborhood watch
groups, neighborhood council groups, large employers, community groups, churches, and
school associations, and at community events and other similar groups and venues. The
Outreach Meeting Tool Kit will also be employed mobilizing a larger group of project
representatives.
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Deliverables:
• Final Public Outreach Program,
• Key Stakeholder List
• Various Collateral Material for Meetings and the Media
• Outreach Meeting Toolkit
• Community Walks and Interviews (two days)
• Neighborhood Based Meetings (up to 10 by AA staff; others through toolkit)
TASK 4.2: COMMUNITY CHARRETTES
After the station concepts have been drafted, analyzed, and revised, AA and The Planning
Center would conduct up to two community charrettes. The charrettes would take place at
public facilities that are geographically central to each of the four station area groups.
Each charrette would last approximately three hours, with the first part dedicated to a formal
presentation and interactive design exercise during which the City and consultants present the
station concepts, solicit feedback, and engage the participants in exploring their own ideas and
questions as they relate to the transit lines, station area design, transit scheduling, and the
Overlay District. Each charrette will also have an open house component to allow the public to
arrive at any time and obtain information and submit input or questions.
The 3-13 models of the station area concepts will be integrated into Google Earth and be
available at the charrettes for the public to play with and examine. Members of the consultant
team will facilitate participants' virtual tour of the conceptual plans. Depending upon capacity,
additional computers could be staffed at the charrettes to help participants take a customized
virtual tour of the conceptual plans and their neighborhood.
Deliverables:
• Community Charrettes (2)
Note: To accommodate four charrettes, some direct outreach could be shifted to City staff
or eliminated.
TASK 5: PLAN ADOPTION
TASK 5.7: PLANNING COMMISSION AND MAYOR AND CITY COUNCIL
The Planning Center will join City staff in conducting formal presentations to the Planning
Commission and the Mayor and City Council on the proposed Overlay District. We will prepare
a PowerPoint presentation and be available to review the City's staff report prior to its
distribution.
Deliverables:
• Formal Presentations to the Planning Commission and Mayor and City Council
TASK 5.2: ADOPTION BY MAYOR AND CITY COUNCIL
As a result of the removal of the task for CEQA analysis (per the revised RFP), this proposal
assumes that the adoption proceedings may be delayed until after the City concludes the
necessary environmental clearance document. For the purposes of this proposal, however, we
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have included scope and budget to rejoin City staff and present the TOD Overlay District for
adoption to the Mayor and City Council. The Planning Center can, if desired by the City,
conduct the required CEQA analysis under a separate contract and/or be available to review
environmental clearance documents prepared by City staff.
Deliverables:
• Formal Presentation to the Mayor and City Council
TASK 6: PROJECT MANAGEMENT
TASK 6.1 PROJECT MANAGEMENT
Effective project management, particularly on a project involving multiple agencies and areas of
concentration, is necessary to ensure the project not only adheres to the schedule and remains
in budget, but also maintains consistent progress towards the overall project goals. This task
involves overall project management provided by The Planning Center for the day-to-day
management and administration of the project and to oversee coordination with the Client and
other team members. Karen Gulley, Director of Design for The Planning Center, will be the
Project Manager and primary point of contact.
For purposes of this proposal, we anticipate the need for an average of two meetings per month
to report progress, sustain discussion, make next-step recommendations, and meet with City
staff on the project. This task assumes the attendance of various team members, depending on
the purpose of the meeting. We assume that approximately two-thirds of these bi-monthly
meetings will take place in person either at City offices or offices of The Planning Center in
Ontario or Costa Mesa.
Deliverables:
Bi-Monthly Coordination Meetings and Daily Project Management
REIMBURSABLE EXPENSES
The Planning Center has the ability to print, photocopy, and bind nearly any type of graphic,
poster, or document in house. During this type of project, typical reimbursable expenses include
color printing, photocopies, blueprinting, and deliveries. We have also set aside a portion of the
reimbursable budget in case some of the roundtable participants request a token appearance
fee. Whenever possible, we work with our clients to keep reimbursable costs low, using City
resources (as stated at the pre-bid meeting) or even other vendors if it would result in a cost
savings.
TIMETABLE / SCHEDULE:
Start: September 2010
Complete: December 2011
FEES:
Fee to complete the above scope of work is two hundred thousand dollars ($249,410) including
design services, meetings and reimbursable expenses, billed on a time and material basis for:
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THE PLANNING CENTER
STAFF RATEIHOUR
Randal Jackson $250
Karen Gulley $190
Stephen Gunnells $175
Frank Dreckman $150
Colin Drukker $140
Andy McKay $125
Michelle McCready $100
COOPER CARRY
STAFF RATE/HOUR
Richard Flierl $275
Joe McClyde $110
ARELLANO ASSOCIATES
STAFF RATEIHOUR
Chester K. Britt $180
Laura J. Muna-Landa $144
Raul Velazquez $ 98
Maria D. Yanez-Forgash $ 86
THE CONCORD GROUP
STAFF RATEMOUR
Richard M. Gollis $325
John R. Shumway $250
Michael D. Reynolds $200
FEHR&PEERS
STAFF RATEIHOUR
Jason D. Pack $190
Chris Gray $175
Bus RAPID TRANSIT POLICY CENTER
STAFF RATE/HOUR
William Vincent $250
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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) 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.
(2) 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.
(3) 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.
V (4) 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 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.
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