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HomeMy WebLinkAboutR06-Redevelopment Agency · C (J 0 :) RHEVELOPMENT AGENCY..QUEST FOR ebMMlSSION/COUNCIL ACTION ~m: ~t: Glenda Saul, Executive Director Subject: CENTRAL CITY SOUTH STUDY AREA -- OVERLAY ZONE Redevelopment Agency Date: May 30, 1986 Synopsis of Previous Commission/Council action: 12/16/85 Approval of a l20-day Exclusive Right to Negotiate with Central City Business Park for acquisition and development of Agency-owned land at Rialto and "G" Street. 12/16/85 Designation of a Committee to study that area between Rialto Avenue and Mill Street and "E" Street and Interstate 215. 3/3/86 a) Motion to proceed with l20-day moratorium in Study Area and meet with Wixens (30 days) to find them another location. (continued on next page) Recommended motion: (Mayor and Co_on Council) c MOVE TO ADOPT THE RESOLUTION OF THE CITY OF SAN BERNARDINO AlJTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT AMONG THE CITY OF SAN BERNARDINO, THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND URS CORPORATION FOR CENTRAL CITY SOUTH STUDY AREA URBAN DESIGN OVERLAY ZONE AND ENVIRONMENTAL IMPACT REPORT CONSULTANT SERVICES. &~~t! ( Signature Contact person: Glenda Saul Phone: 383-5081 1 Supporting data attached: YES Ward: FUNDING REQUIREMENTS: $98,291 Amount: $ MA 9bl1gst1')1l Project: GGS No adverse Impact on City: - \...., lcil Notes: Date: JUJ.L1W 2, 1386 1054G/JH 06/16/86 A....._....... 1..__ 11.1_ h . - " ......... c ..- '- (' '-' "'" - '""' -..) '"" I - Froa: Glenda Saul, Executive Director CENTRAL, CITY SOUTH STUDY AREA - OVERlAY ZONE AND MORATOIUUM EXEMPTION June 2, 1986 Synopsis of Previous Coamission/CoUDcil Action: (continued from page 1) 4/7/86 b) Approval, in concept, of traffic circulation pattern proposed by team and URS and pursue recommendations for Specific Plan. c) Authorizing negotiations for the lease of vacant land owned by Stockwell & Binney for temporary use of Wixens until Wixens able to locate a new site. d) Resolution 4858 authorizing negotiations to purchase for realignment of "F" and "G" Streets (Mill & "G") e) Resolution 4859 authorizing initiation of acquisition of southwest corner of Rialto and "E" Streets (Railroad property) f) Motion to study feasibility of assessment district. g) Motion to study feasibility of underground utility district. h) Ordinance MC-50l imposing 120 day moratorium -- exempting Simi Partnership. Commission exempted Wixen's Pipe & Supply from moratorium contingent upon approval of outdoor storage treatment by Study Team and Planning. 4/21/86 a) Resolution 4876 authorizing execution of an agreement with Brown & Mullins, Inc. to provide engineering services. 5/5/86 6/2/86 b) Referred Specific Plan proposal back to staff to request additional proposals. c) Request staff to report on financial feasibility of study area improvements. Resolution 4878 to extend the time of the Exclusive Right to Negotiate by Central City Business Park. Resolution 4888 (Community Development Commission) to execute an agreement with URS for the design of an Overlay Zone. 1054G/JH 06/16/86 Clk OF SAN BERNARD~O - REQUM FOR COUNCIL ACtJlON /",-. STAFF REPORT ....... On June 2, 1986, the Community Development Commission adopted Resolution 4888 authorizing an agreement with URS for the design of an Overlay Zone. By oversight, Agenda Item RS-5(c), the companion resolution by the City Council was not acted upon. We request that you adopt the attached resolution. c ~ '- 1054G/JH 06/16/86 75-0264 c [..-. 1 '-' 2 3 4 5 6 7 8 - ~ 20 21 22 23 24 25 26 ".-. "'-' 27 28 o -""".,,\ J o RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT AMONG THE CITY OF SAN BERNARDINO, THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND URS CORPORATION FOR CENTRAL CITY SOUTH STUDY AREA URBAN DESIGN OVERLAY ZONE AND ENVIRONMENTAL IMPACT REPORT CONSULTANT SERVICES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute for and on behalf of 9 said City an agreement among the City of San Bernardino, the 10 Redevelopment Agency of the City of San Bernardino and URS 11 Corporation for Central City South Study Area Urban Design 12 Overlay Zone Environmental Impact Report consultant services, a 13 copy of which is attached hereto as Exhibit -1- and incorporated 14 herein by reference as though fully set forth at length. 15 I HEREBY CERTIFY that the foregoing resolution was duly 16 adopted by the Mayor and Common Council of the City of San 17 Bernardino at a meeting thereof, held on , 1986, by the 18 the day of 19 following vote, to wit: AYES: NAYS: ABSENT: City Clerk A?S-5C ,,- '-' -- ) .:) c c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,-. , ""'" ,.- '- "-' -'........ , -...I :) AGREEMENT AMONG THE CITY OF SAN BERNARDINO, THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND URS CORPORATION FOR CENTRAL CITY SOUTH STUDY AREA URBAN DESIGN OVERLAY ZONE REPORT CONSULTANT SERVICES THIS AGREEMENT made and entered into effective the day of , 1986, by and among the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public bod corporate and politic, hereinafter "Agency", the CITY OF SAN BERNARDINO, a municipal body corporate, hereinafter .City., and URS CORPORATION, hereinafter .Consultant,. sets forth the agreement of the parties. SECTION 1. Recitals. The parties hereto acknowledge: 1. Agency desires to develop a coordinated comprehensive study and specific plan for the development of the area bounded by .E. Street on the east, Rialto Avenue on the north, Inland Center Drive on the south, and the 1-215 Freeway on the west, which area is hereinafter referred to as the .study area.. 2. Agency requires professional services to accomplish tasks related to the studies involved in preparation of and finalization of an Urban Design Overlay Zone. 3. Consultant represents that it has the professional ability and technical means to accomplish work requirements of preparing the Overlay Zone for the study area, and has offered its services to Agency through submission of a proposal, dated May 8, 1986, a copy of which is on file with the Agency, and is incorporated herein by reference. SECTION 2. Implementation. The parties therefore agree: 1. Employment of Consultant. The Agency hereby retains th Consultant to provide the preparation of the Urban Design Overla 1 c - I '- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c - \- '--' .....-..... , - :) Zone services for the study area, and the Consultant hereby agrees to perform, or cause to be performed, professional services as hereinafter set forth. 2. Personnel. The Consultant has available, or will provide, all personnel required to perform services under this agreement. All subconsultants to be secured by the Consultant must have the prior written approval of the Agency. The Consultant will work closely with and coordinate its efforts wit those of Brown and Mullins, Inc., engineering consultants hired by Agency and City. All of the services to be performed by the Consultant shall be performed by the Consultant or under its supervision, and all personnel engaged in the work shall be full qualified and shall be authorizeq and permitted under state and local laws to perform such services, and shall be acceptable to the Agency. 3. Performance apecifications. The Consultant shall perform the tasks listed in Attachment -A-, -Methodology and Procedures,- which is attached hereto and incorporated herein by reference. 4. Products. Specific products listed in Attachment -A- shall be delivered to the Agency by the Consultant in detail as required by the description set forth in Attachment -An. 5. Work Schedule. Work has already commenced under a preliminary study agreement, and shall continue uninterrupted to complete this project in a timely manner. Consultant agrees to complete all tasks required to meet the schedule outlined in its proposal, i.e., within ninety days after issuance of an authorization to proceed. -- '- ,- '- r '-' :) ::) 1 2 3 4 5 6 7 8 9 10 11 12 6. Compensation and Payment Schedule. The Agency will pay the Consultant a sum not to exceed $98,291, computed on the basi of the -Budget-, including hourly rates, a copy of which is annexed hereto as Attachment -B-, and is incorporated herein by reference. The parties recognize that the hours and costs set forth therein are reasonable, and Agency agrees to make payment for services rendered on the following basis: Consultant shall submit to Agency its invoice for services rendered and to be rendered and the charges for such services in three steps: one third upon project initiation, one-third upon submitting the Draft document, and the balance upon submittal of the Final Document. Final billing shall be based upon the HourI 13 Billing Rates set forth in Attachment -B-. The final invoice c 14 shall contain such detail as Agency may reasonably require to 15 enable Agency to satisfy itself that all amounts billed are 16 appropriate for payment. Supporting evidence shall be provided 17 by Consultant upon request from Agency. Total billings shall no 18 exceed $98,291.00. 19 7. Method of payment. Upon review of the first two 20 invoices, Agency shall promptly remit payment; upon review of th 21 final invoice, Agency shall determine that all charges are 22 appropriate, and shall thereupon remit payment therefor to 23 Consultant. Payment shall be submitted within thirty (30) days 24 of receipt of any such invoice. 25 8. Agency Management. The Executive Director of the Agenc 26 shall represent the Agency in all matters pertaining to the ~ '-' 27 administration of this agreement, including without limitation 28 coordination of all necessary meetings and conferences, and " c ~ .' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 '-' J"""'" '-' o ~ v J review and approval of all products submitted by the Consultants the Executive Director shall have no authority to enlarge the scope of work or change the compensation due the Consultant. Th Consultant shall work closely with the City's Director of Public works/City Engineer and the City's Planning Director. 9. No Benefit to Arise to Local Employees. No member, officer or employee of Agency, or its designees or agents, and n public official who exercises authority over or responsibilities with respect to the project during his or her tenure for one yea thereafter, shall have any interest, direct or indirect, in any contract or any subcontract,or the proceeds thereof, for work to be performed in connection with the project assisted under this agreement. 10. The Consultant as an Independent Agent. The Consultan and its officers, agents and employees, in their performance of 16 this agreement, shall act in an independent capacity and not as 17 officers, employees or agents of the Agency. 18 11. Keeping Accounts. The Consultant shall keep separate 19 books of account in connection with the work to be performed 20 under this agreement. These books shall be subject to audit by 21 the Agency. All such books and records shall be retained for 22 such periods of time as required by law, provided, however, in 23 any event, all books, records, and supporting detail shall be 24 retained for a period of at least three years after the 25 expiration of the terms of this agreement. - '-' 26 27 12. Ownership of Material and Documents. All reports and maps, field survey notes, computations and other material 28 prepared by the Consultant shall be the property of the Agency 4 r '- r ........ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .-. "- - '-' c :) - ..-' and the Consultant shall deliver such materials to the Agency according to the terms of this agreement. However, the Consultant shall have the right to make dupljcate copies of such materials and documents for its files or other purposes as may b authorized in writing by the Agency. The Agency and its employees, agents, consultants and contractors shall not make any changes to the reports, maps or other materials furnished by Consultant without a full and clear reference on such document as to the party making the change and the reasons for such change. The Agency shall not use any modified reports, maps, or other materials furnished by consultant on extensions or modifications of this Project withou the removal of ORS' professional seal and the removal of ORS' name from such documents. 13. Release of Information. No information, including photographs, public announcements or confirmation of same, or an part of the subject matter of this agreement or any phase of any program hereunder shall be made public without prior approval of the Agency. 14. Exclusive Agreement. It is agreed and understood that the consultant will not be engaged in private work projects in the study area during the term of this agreement. 15. Indemnification. The Consultant shall defend, hold harmless and indemnify the Agency, its officers, employees and agents against liability (whether bodily injury, including death and/or property damage) arising out of the negligent acts or willful misconduct or lack of good faith or negligent or willful omissions of the Consultant or its officers, agents, employees 0 contractors in the performance of this agreement. 5 c c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c ,,-. '- c """-'<, -' o 16. Insurance Requirements. As a condition precedent to the effectiveness of this contract and in partial performance of Consultant's obligation hereunder, Consultant, at its own expense, shall deliver to Agency for approval, certificates or policies of insurance as evidence that the following types and amounts of insurance are in full force and effect to assure protection of the Agency under this contract: A. At least One Million Dollars ($1,000,000.00) combined single limits' for bodily injury and/or property damage. B. At least Five Hundred Thousand Dollars ($500,000.00) in errors and omissions coverage. C. Evidence of a Certificate of Self-Insurance or Workers' Compensation individual coverage that meets the requirements of the California Labor Code in relation to Workers' Compensation Insurance. Agency shall also be named an additional named insured unde the liability insurance policy. Consultant shall be required to inform Agency in writing of any change, expiration or renewal of any insurance policy or policies within thirty (30) days of the effective date of the change. Further, any renewal policy shall provide at least the minimum coverage specified herein, and each POlicy of Insurance or Certificate of Insurance shall provide that the policy shall not be canceled without an advanced thirty (30) day written notice of cancellation to Agency. 17. Compliance with Re9ulations. Consultant shall be responsible for compliance with all federal, state and local laws, rules, regulations, and requirements insofar as they apply to this project. 6 I.,.... -- "-- c o -""' ....) .:) 1 2 3 4 5 6 7 8 9 18. Time is of the Very Essence. The parties hereto recognize that time is of the essence of this agreement. This Urban Design Overlay Plan must be completed within the time limits specified herein unless good cause for delaying exists. Failure of Consultant to complete this work within the time schedule provided may result in extraordinary losses to the Agency and City. Consultant recognizes that it has been selected in large part because of its assurances that it can and will complete the work necessary within the time frame specified. All 10 work shall be completed within ninety days after issuance of an 11 authorization to proceed. No deviation from this schedule will 12 be sought without good cause. 13 In no event shall either Consultant or Agency be liable for 14 15 consequential damages, including, without limitation, loss of use or loss of profits, incurred by one another or their subsidiaries 16 or successors, regardless of whether such claim is based upon 17 alleged breach of contract, willful misconduct or negligent act 18 or omission, whether professional or non-professional, of either 19 of them or their employees, agents or subcontractors. 20 19. Notification. All notices, memoranda, reports, drafts, 21 and communications sent to the Agency and City under this 22 agreement shall be sent to the following addresses unless 23 authorized to be sent elsewhere by Agency: P'-" ~ 24 25 26 27 28 Executive Director, Redevelopment Agency of the City of San Bernardino City Hall, Room 320 300 North "D" Street San Bernardino, CA 92418 City of San Bernardino City Administrator 300 North "D" Street San Bernardino, CA 92418 7 c ~ '- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c ,-... '-' c o <<'...., I -' All such notices, memoranda, report drafts, and communications sent to Consultant shall be sent to: URS Corporation 412 West Hospitality Lane, Ste. 208 San Bernardino, CA 92408 Attn: Steve Lilburn Any such notices, demands, invoices and written communications by mail shall be conclusively deemed to have been received by the addressee five (5) days after the deposit thereo in the United States Mail, first class postage prepaid and properly addressed as noted above. 20. Effective Date. This agreement shall become effective on the date it has been executed by the Chairman and Secretary 0 the Redevelopment Agency of the City of San Bernardino, and by the Mayor of the City of San Bernardino. 21. Entire Aqreement. This agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this agreement acknowledges that no representation by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this agreement shall be valid and binding. It is expressly acknowledged, however, that Consultant's original proposal to Agency dated May 8, 1986, is expressly incorporated into this agreement. 22. Assiqnment or Substitution. The Agency has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upo the Consultant by this agreement. In recognition of that interest, neither any complete nor partial assignment or 8 c "- "- 8 9 10 11 12 13 .-. 14 - ~ o :> 1 2 3 4 5 6 delegation of this agreement may be made by the Consultant nor changed, substituted for, deleted or added to without the prior written consent of the Agency and City. 23. Modification of Contract. The specific tasks and 7 scope of this project are subject to modification by mutual agreement among Agency, City and Consultant. Any such changes shall be incorporated by written amendments to this agreement. 24. Suspension of Agreement. The Agency shall have the right to suspend the agreement by giving the Consultant fifteen (15) days written notice to that effect. If such suspension shall take effect during the performance of any incomplete work, the Consultant shall be paid the reasonable value of work accomplished, based upon the rate schedule provided for, and considering the relevance of the work to the needs of the Agency ~ Any suspension shall relieve Consultant of its obligation to mee the time deadline specified herein. ,,- '- 15 16 17 18 19 20 21 22 23 24 25 26 27 28 25. Savin9s Clause. If any provision of this agreement is found to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. IN WITNESS WHEREOF, the parties have executed this agreemen effective this day of , 1986. REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO URS CORPORATION By By Chairman Cheryl Flowers San Bernardino Operatio Manager By Secretary 9 c "'"". 0 :) "-' 1 Approved as to form: r- '-' 2 3 4 5 CITY OF SAN BERNARDINO 6 By 7 Mayor 8 ATTEST: 9 10 City Clerk 11 ~~o~m: 12 City 1L torney ~etV 13 - 14 , "- 15 16 17 18 19 20 21 22 23 24 25 26 - 27 ~ 28 10 c c c { '- ,-.., v :J o METHODOLOGY AND PROCEDURES The expected outcome of this project hinges on the dynamic participation of the consultant team in concert with the Redevelopment Agency, Central City South Study Committee, land owners, concerned public members, and other responsible agencies. For this activity to occur, the problem solving process must be extremely flexible and of the highest caliber. The methodology for the project will include the following elements for each task. A. Research and Analyses B. Synthesis and Conceptualization C. Refinement and Production D. Review and Revision E. Production of Final Reports Much of the research, analysis, and conceptualization necessary for this pro- ject has already occurred. For several months the Central City South Study Committee worked to develop a conceptual plan for the area. Their efforts culminated in a conceptual land use plan and the recommendation of an Overlay Zone to control existing and future land uses in the area. The ultimate goal -- to improve the overall character and qua I i ty of the area and promote orderly and consistent development -- will be accomplished b adoption of the Overlay Zone. As a part of the conceptual design process, the Committee developed a circula- tion plan to increase traffic flow through the area. Following approval of this concept, the RDA retained a consultant to develop engineering criteria for roadways and utilities within the study area boundary. SAN BAG has also agreed to request the construction of a diamond interchange at the Mill Street offramp as part of the 1987 State Transportation Implementation Plan. These physical modifications and the adopted land use concept, including a design and landscape theme, set the stage for the Overlay Zone to be developed. URS, teamed with Anil Verma Associates and Soltis Design Associates, proposes to provide technical analysis to the City, leading to the adoption of an Overlay Zone for the study area. Analysis will be conducted for the following elements of the project. 1. Market Analysis 2. Streetscape Program 3. landscape Program 4. Signage Program 5. Architectural Design Program 6. land Use Program 7. Cost Estimates and Implementation Zxhibit A p.l c <- '"'" r , "-' :) o The results of these analyses and subsequent recommendations will be presented in a series of five products. They are as follows. A. Market Analysis Technical Report Corresponds to Study Topic No. I, Market Analysis. Establishes market demand for all feasible uses, absorption rates for each use, appropriate location for each use, and market factors/criteria which should be considered in defining land uses, establishing a framework plan and implementing design guidelines. This report will be published as a technical document with illustrations. B. land Use Technical Report Corresponds to Study Topic No.6, land Use. Based on the market study and field surveys, review of existing land use planning, proposed alternative land use plans to maximize development poten- tial of study area, define basic land use recolll1lendations in terms of loca- tions, densities, pedestrian and vehicular access, service, height, mass, bulk, pedestrian access, potential of mixed use cOlll1lercial, mixed use commer- cial/residential parking requirements and locations, suggestions for develop- ment strategy, disposition of existing compatible and non-compatible uses, historic structures, relation of proposed land uses to those outside the study area, and buffering between uses. This report will be publiShed as a technical document with illustrations. C. Development Framework Plan Corresponds to Study Topic No.2, Streetscape and No.4, Signage. This will be the basic public statement of the Development Plan for the study area and should receive wide distribution. It will assimilate the basic market data and land uses and place them within a design framework related to public land and right-of-way. The framework will define the public context for private development as well as a design and development concept for the study area as a whole. Elements will include the design concept, public right-of-way landscape and hardscape improvements, architectural and landscape design themes, specific theme streets and districts, general theme elements, and any framework controls for private property. D. Design Guidelines Corresponds to Study Topic No.3, landscaping and No.5, Architectural Design. The Des ign Gui de li nes wi 11 primarily serve to gui de pri vate developers of projects on private property. The guidelines will implement and establish clear and specific significant design criteria and standards for future 1'- deve lopment projects. c ',- ::xhibi tAp. 2 c " r- '- c o o :) The guidelines will also address administrative issues such as architectural design review and permit granting processes, development bonuses and incen- tives, maintenance, developer contributions to public right-of-way develop- ment, and potential assessments. This report will be published as a graphically-oriented document intended to be visually understandable to developers and others, who will make extensive use of the report as a design handbook while planning and designing projects. E. Cost Estimates and Implementation Summary Corresponds to Study Topic No.7. Provides a detailed cost estimate for implementing of the overlay zone concept. Only public improvements will be considered. Potential sources of income including assessment will be considered. This report will be published as a technical document. The overall methodology is the development then of the market analysis report, the land use report, the development framework plan, and the design guide- lines. These four elements would then be the tools used to guide and develop the study area. The study components serves to further discuss the tasks and products associated with this project to produce the outlined five elements. Exhibi t A p.3 r- "'" c c ~ '-' o :) o BUDGET URS proposed cost for completion of the project is based on hourly rates by study task. Estimated hours and total cost are listed. Subcontracts and other direct costs (DOC) are listed separately. RDA will be invoiced for one-third of the total project cost upon project initiation. one-third upon submi tta I of the Ora ft document. and one-thi rd upon submi tta I of the Fi na I document. Total cost for all services outlined in this proposal is $98.291. This estimate remains effective for 90 days from the date of approval. !:xhibi t B p. 1 - - c o -- v :J C URS Hours (Rate) fill. Administration 40 $Z.016 Ma rket Ana lys i s 100 55.544 50 $Z .143 Administration Streetscape Program 16 $807 Onsite Landscaping Program 16 $807 Signage Program 16 $807 Architectural Design/Review 16 $807 Land Use Program 80 $3.5Z7 10 $630 Cost Estimates & Project 40 $1.714 Implementation ZO $1.109 8 $404 Meeting 130 $6.643 Word Processing 100 $Z.687 Graphics 60 $Z.045 Computer Mapping 34 $3.IZO Subtota 1 : $34.810 ODC C Mileage ($.Z5/mile) $100 Telephone $100 Reproduction (Copier (il $35) S5.Z50 TOTAL ODC: $5.450 Subcontractors Anil Verma Associates 33.000 1 Soltis Design Associates 514.500 TOTAL Subcontractors: $47.500 Fee IZ~: $10.531 TOTAL Project Cost: ~~~i~~l - '- I:xhibit 3 p.2