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HomeMy WebLinkAboutR43-Economic Development Agency t M CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY 0 R I G I INA L FROM: Emil A.Marzullo SUBJECT: EDAW, Inc.—Professional Services Agreement Interim Executive Director for the preparation of a Downtown Core Concept/Vision Plan and endorsement of the Urban Land Institute (ULI) Study for the DATE: June 9,2008 Downtown Central Business District -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Synopsis of Previous Commission/Council/Committee Action(s): On June 5,2008, Redevelopment Committee Members Estrada, Baxter and Johnson 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 the endorsement of the Urban Land Institute("ULI")study for the Downtown Central Business District,recommending the ULI study for further study to EDAW, Inc. and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a Professional Services Agreement with EDAW, Inc., for the preparation of a Downtown Core Concept/Vision Plan in the amount not to exceed$263,500 -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Contact Person(s): Jeffrey Smith Phone: (909)663-1044 Central City North and Central City Projects Project Area(s): Redevelopment Project Areas Ward(s): 1 Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) ❑ Letter(s) FUNDING REQUIREMENTS: Amount: $ 263,500 Source: Tax Increment Budget Authority: Fiscal Year 2008-2009 Budget 7) ' J SIGNATURE: Fiscal Review: . Emil A. Marzullo, nterim Executive Director Barbara Lindseth,Administrative Servic s Director --------------------------------------------------- ------------------ -------------------------------- ------------------------------------------------------------------------------------------ Commission/Council Notes: --------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------- PAAgendas\Comm Dev Commission\CDC 2008\06-16-08 EDAW,Inc.-ULI Downtown Study Endorsement SR.doc.doc COMMISSION MEETING AGENDA Meeting Date: 06/16/2008 Q r� Agenda Item Number: J1�Z,7j ECONOMIC DEVELOPMENT AGENCY STAFF REPORT EDAW, INC.—PROFESSIONAL SERVICES AGREEMENT FOR THE PREPARATION OF A DOWNTOWN CORE CONCEPTNISION PLAN AND ENDORSEMENT OF THE URBAN LAND INSTITUTE (ULI) STUDY FOR THE DOWNTOWN CENTRAL BUSINESS DISTRICT BACKGROUND: In June 2007, the Urban Land Institute ("ULI") analyzed and prepared a study for the Downtown Central Business District ("CBD"). The purpose of the ULI's involvement was to study and provide recommendations for the City of San Bernardino ("City") to consider, relative to land use, transportation, lifestyle, urban design, commerce and government that would bring physical and economic vitality back to the CBD, commonly referred to as Downtown. Specifically, ULI was asked to provide recommendations and proposals for the City to implement with the goal of redeveloping and reenergizing downtown San Bernardino. ULI presented their findings and recommendations on June 29, 2007. In August 2007, these findings and recommendations were received by the Mayor and Common Council of the City of San Bernardino ("Council") and the Community Development Commission of the City of San Bernardino ("Commission"). Provided below is a short list of the ULI recommendations, which include, but are not limited to, the following: • Steps should be taken to clean and maintain the downtown area and enhance the esthetics of the streets with plantings and other amenities; work on developing a safe and positive image for Downtown making it a clean, safe and friendly community. • Clear the entire site of the existing Carousel Mall and restore the City's historic street grid through the site and redevelop the site as a contemporary mixed-use urban village with approximately 700 residential dwelling units with supporting retail and office uses. • Adopt and enforce design standards and guidelines to ensure an appealing environment and invest public funds in the revitalization of the Downtown. CURRENT ISSUE: The ULI Study was received by the Council and the Commission; however, it has not been presented to the Council and the Commission to be formally endorsed as the initial step towards implementation of the ULI recommendations. As directed by the Council and the Commission, the Redevelopment Agency of the City of San Bernardino ("Agency") Staff has reviewed and evaluated the ULI Study and its recommendations. While the recommendations are broad, as part of an overall implementation strategy, further study is needed. To carry out the additional study, a multidisciplinary team of experts from EDAW, Inc. (`EDAW") was recommended to the Agency. EDAW will be tasked to prepare a Conceptual Vision Plan for the Downtown Core of the City. EDAW was recommended by several parties due to the current and prior creative efforts of Vaughn Davies who will serve as the lead planner. Mr. Davies has had significant ----------------------------------------- ----------------------------------------------- ----------------------- - - P:Wgendas\Comm Dev Commission\CDC 2008\06-16-08 EDAW,Inc.-ULI Downtown Study Endorsement SR.doc.doc COMMISSION MEETING AGENDA Meeting Date: 06/16/2008 Agenda Item Number: _ Economic Development Agency Staff Report EDAW- ULI Study & Professional Services Agreement Page 2 prior experience in the City and the region and in particular with the Downtown area during a specific plan process in the early 2000's. Mr. Davies has the knowledge and experience to lead a team solving complex urban issues. EDAW is currently retained by the San Manuel Band of Mission Indians, and San Manuel has consented to allowing EDAW the opportunity to extend their intellectual services to assist the Agency for the purpose of preparing a Conceptual Vision Plan for Downtown. This Conceptual Vision Plan will draw upon prior work efforts of Mr. Davies in the Downtown area for the San Bernardino Regional Water Resources Authority and current efforts for San Manuel. Hence, it is proposed that the Agency enter into a Professional Services Agreement ("Agreement") with EDAW for an amount of not to exceed $263,500 for approximately a seven (7) month work program. The requirements for payments are noted in the Agreement. The Agreement contains the scope of work to be undertaken by EDAW and the area designed for study is primarily defined as the "Downtown Core", from the I-215 Freeway on the west, to the County court site on the east, and from the Feldheym Library and 6t' Street on the north, to the rail line/northern edge of the Arrowhead Stadium on the south as illustrated on the attached map. An expanded Downtown Study Area will include the area east to Waterman Avenue. ENVIRONMENTAL IMPACT: This does not meet the definition of a "project" under Section 15378 of the California Environmental Quality Act("CEQA"). FISCAL IMPACT: The cost of the Professional Services Agreement with EDAW will not exceed $263,500, which will be included in the proposed Fiscal Year 2008-2009 Agency Budget when adopted. RECOMMENDATION: That the Community Development Commission adopt the attached Resolution. Emil A. Marzullo, Interim Executive Director ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- P:\Agendas\Comm Dev Commission\CDC 2008\06-16-08 EDAW,Inc.-ULI Downtown Study Endorsement SR.doc.doc COMMISSION MEETING AGENDA Meeting Date: 06/16/2008 Agenda Item Number: ATTACHMENT A 1011',gT z W 1069i 14 1C4h S1 E 10t!1 St. ?? 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' F olm o N U 3 > Wcm-•-m.=_St 0 r rn -luNsat cd y Vak-Y g' fn d D mA s e LN Uliter St I VV Valley St(a °c E var&p St Ve'aids St ra s� w co I St ©2006 Ggogle-Map datgt2008 NAV r9d41°9'S Terms of Used Proposed Downtown Core Study Area Boundary Proposed Downtown Expanded Study Area Boundary PROPOSED DOWNTOWN STUDY AREA Source: Google Maps, 2008 NTS i OP)( 1 RESOLUTION NO. 2 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE ENDORSEMENT OF 4 THE URBAN LAND INSTITUTE ("ULI") STUDY FOR THE DOWNTOWN CENTRAL BUSINESS DISTRICT, RECOMMENDING THE ULI STUDY 5 FOR FURTHER STUDY TO EDAW, INC., AND AUTHORIZING THE 6 INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A 7 PROFESSIONAL SERVICES AGREEMENT WITH EDAW, INC., FOR THE PREPARATION OF A DOWNTOWN CORE CONCEPTIVISION PLAN IN 8 THE AMOUNT NOT TO EXCEED $263,500 9 10 WHEREAS, the Urban Land Institute ("ULI") analyzed and prepared a study for the I1 Downtown San Bernardino Central Business District in June 2007 ("Study"); and 12 WHEREAS, the findings and recommendations of the Study were presented and received by 13 the Community Development Commission of the City of San Bernardino ("Commission") in 14 August 2007; and 15 WHEREAS, the findings and recommendations have not previously been formally endorsed 16 by the Commission; and - - 17 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") seeks to 18 implement the recommendations of the ULI Study, by engaging the services of EDAW, Inc. 19 ("EDAW"), to assist in further studying the recommendations and to develop solution alternatives, 20 funding requests and implementation objectives; and 21 WHEREAS, EDAW and the Agency desire to enter into an agreement pursuant to the terms 22 and conditions as contained in the Professional Services Agreement (the "Agreement") attached 23 hereto and incorporated herein by reference. 24 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 25 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 26 FOLLOWS: 27 Section 1. The Commission hereby formally endorses the ULI, San Bernardino 28 Downtown Central Business District Study. P:\Agendas\Resolutions\R=1utions0008\06-16-08 EDAW,inc CDC Reso doc 1 2 Section 2. The Commission directs the Agency to further study the ULI report and 3 engage the services of EDAW for such effort. 4 Section 3. The Commission herby approves the Agreement by and between the Agency 5 and EDAW in the form as attached hereto and as presented to the Commission upon adoption of this 6 Resolution, and the Commission hereby authorizes the Interim Executive Director to execute the 7 Agreement on behalf of the Agency together with such technical and conforming changes as may be 8 recommended by the Interim Executive Director of the Agency and approved by the Agency 9 Counsel. 10 Section 4. This Resolution shall take effect from and after its date of adoption by this 11 Commission. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 P:\Agendas\Resolutions\Resolutions\2008\06-I6-06 EDAW,Inc CDC Reso doc I RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE ENDORSEMENT OF 2 THE URBAN LAND INSTITUTE ("ULI") STUDY FOR THE DOWNTOWN 3 CENTRAL BUSINESS DISTRICT, RECOMMENDING THE ULI STUDY FOR FURTHER STUDY TO EDAW, INC., AND AUTHORIZING THE 4 INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A 5 PROFESSIONAL SERVICES AGREEMENT WITH EDAW, INC., FOR THE PREPARATION OF A DOWNTOWN CORE CONCEPTNISION PLAN IN 6 THE AMOUNT NOT TO EXCEED $263,500 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 , 2008, by the following vote to wit: 11 Commission Members: Ayes Nays Abstain Absent 12 ESTRADA 13 BAXTER 14 BRINKER 15 DERRY KELLEY 16 JOHNSON 17 MC CAMMACK 18 19 20 Secretary 21 The foregoing Resolution is hereby approved this day of , 2008. 22 23 Patrick J. Morris, Chairperson 24 Community Development Commission 25 of the City of San Bernardino 26 Approved as to Form: 27 By: 28 Agency ouns 3 P:\Agendas\Resolutions\Resolutions\2008\06-16-08 EDAW,Inc CDC Reso doc REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AGREEMENT FOR PROFESSIONAL SERVICES EDAW,INC. This AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into as of June 16, 2008, by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("Agency"), a public body, corporate and politic, and EDAW, Inc., ("Consultant"). NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND MUTUAL PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: 1. SUPERVISION OF CONSULTANT. The Agency Staff designated in Exhibit "B" shall be responsible for the direction of any work to be performed by the Consultant and any other consultants or subconsultants to the Agency under this Agreement. The Consultant shall not undertake any work under the terms of this Agreement, unless instructed to do so by one of the designated staff members. No other staff member is authorized by the Agency to request services from the Consultant. 2. TERM OF AGREEMENT. The term of this Agreement shall commence on the date first appearing in this Agreement and will terminate upon the completion of the services described in the Scope of Services as referenced in Section 3, unless earlier terminated as provided in this Agreement. The Agency reserves the right through the actions of the Interim Executive Director to terminate this Agreement at anytime either with or without cause and at the sole convenience of the Agency upon delivery of notice of termination to the Consultant; provided, however, that upon the effective date of any such termination, the Agency shall be responsible to pay and/or reimburse the Consultant for all services, materials and supplies as may have been furnished to the Agency in accordance with the Scope of Services as referenced in Section 3. 3. SCOPE OF CONSULTANT SERVICES. The Agency hereby retains the Consultant to provide the professional consulting services set forth in the Scope of Services attached hereto as Exhibit "A" and incorporated herein by this reference. The Consultant hereby agrees to perform the work set forth in the Scope of Services, in accordance with the terms of this Agreement. The Consultant shall perform the services as set forth on said Scope of Services within the time periods to be identified by the appropriate Agency representative. 4. PAYMENT BY AGENCY FOR WORK PERFORMED BY CONSULTANT. A. The Agency shall compensate the Consultant in an aggregate amount not to exceed $263,500 for completion of the services described in the Scope of Services set forth in Exhibit"A". 4816-8151-3730.1 - 1 — PAAgendasUgenda AnachmentAftrmu-Amend 2008\06.16-08 EDAW,Inc.-Professional Services Agreement.doc 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 subcontractors retained by the Consultant and all employees of the Consultant to perform work pursuant to this Agreement and shall be inclusive of all costs and expenses incurred for mileage, travel, graphics, telephone, printing, fax transmission, postage, copies and such other expenses related to completion of the work set forth in the Scope of Services. C. The Consultant shall invoice the Agency for work performed by the Consultant under this Agreement each calendar month during the term of this Agreement. D. The Consultant shall submit invoices under this Agreement to: Redevelopment Agency of the City of San Bernardino Attention: Interim Executive Director 201 North"E" Street, Suite 301 San Bernardino, California 92401 E. Each invoice of the Consultant shall set forth the time and expenses of the Consultant incurred in performance of the Scope of Services, during the period of time for which the invoice is issued. Each invoice of the Consultant shall clearly set forth the names of the individual personnel of the Consultant and any individual subconsultants utilized by the Consultant, during the time period covered by the invoice, a description of the professional services rendered on a daily basis by each named individual during such time period, the respective hourly rates of each named individual and the actual time expended by each named individual. Each invoice of the Consultant shall be accompanied by copies of all third party invoices for other direct costs incurred and paid by the Consultant during such time period. The Agency shall pay all amounts set forth on the invoices of the Consultant and approved by the authorized Agency Staff personnel who requested the services, within thirty (30) days after such approval. 5. RECORDS RETENTION. Records, maps, field notes and supporting documents and all other records pertaining to the use of funds paid to the Consultant hereunder shall be retained by the Consultant and available to the Agency for examination and for purposes of performing an audit for a period of five (5) years from the date of expiration or termination of this Agreement or for a longer period, as required by law. Such records shall be available to the Agency and to appropriate county, state or federal agencies and officials for inspection during the regular business hours of the Consultant. If the Consultant does not maintain regular business hours, then such records shall be available for inspection between the hours of 9 a.m. and 5 p.m. Monday through Friday, excluding federal and state 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. 4816-8151-3730.1 -2- P-Aften&AAgenda AttachmeraAAgrmts-Amend 2008\0616-08 EDAW,Inc.-Professional Serviu Agr a nt.doc 6. INDEMNIFICATION. The Consultant shall defend, indemnify and hold harmless the Agency, its officers, employees, representatives, and agents from and against any and all actions, suits, proceedings, claims, demands, losses, costs and expenses, including legal costs and attorneys fees, for injury or damage of any type claimed as a result of the acts or omissions of the Consultant, its officers, employees, subcontractors and agents, arising from or related to 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 set forth in the Scope of Services shall be the sole property of the Agency, as of the time of their preparation and payment therefor by the Agency, and shall be delivered to the Agency upon written request 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. 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. 4816-8151-3730.1 -3— PA tgendasWgenda AttachmentsWgmts-Amend 2008\06-16-08 EDAW,Inc.-Professional Services Agreement.doc 10. CONFIDENTIALITY OF MATERIALS AND INFORMATION. The Consultant shall keep confidential all reports, survey notes and observations, information, and data acquired or generated in performance of the work set forth in the Scope of Services, which the Agency designates confidential. None of such designated confidential materials or information may be made available to any person or entity, public or private, without the prior written consent of the Agency. 11. DEFAULT AND REMEDIES. A. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided, however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within seven (7) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder. B. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. C. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties under this Agreement are cumulative and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. D. In the event that a default of any party to this Agreement may remain uncured for more than seven (7) calendar days following written notice, as provided above, a "breach" shall be deemed to have occurred. In the event of a breach, the injured party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings. 12. TERMINATION. A. This Agreement may be terminated by either party for any reason by giving the other party fifteen (15) calendar days' prior written notice. The Agency shall pay the Consultant for all work authorized by the Agency and completed, prior to the effective termination date. B. In the event of a termination of this Agreement under this Section 12, the Consultant shall provide all documents, notes, maps, reports, data or other work product developed in performance of the Scope of Services of this Agreement to the Agency, within ten (10) calendar days of such termination and without additional charge to the Agency. 4816-8151-3730.1 _t}_ P:NgendaskAgetda AttadimentsWgtmts-Amend 200M&16-08 EDAW,Inc.-Pmfessional Services Agreememdoc 13. NOTICE. All notices given hereunder shall be in writing. Notices shall be presented in person or by certified or registered United States Mail, return receipt requested, postage prepaid or by overnight delivery by a nationally recognized delivery service to the addresses set forth below. Notice presented by United States Mail shall be deemed effective on the third business day following the deposit of such Notice with the United States Postal Service. This Section 13 shall not prevent the parties hereto from giving notice by personal service or telephonically verified fax transmission, which shall be deemed effective upon actual receipt of such personal service or telephonic verification. Either party may change their address for receipt of written notice by notifying the other party in writing of a new address for delivering notice to such party. CONSULTANT: EDAW, Inc. Attention: Vaughan Davies 515 South Flower Street, 9`h Floor Los Angeles, California 90011 AGENCY: Redevelopment Agency of the City of San Bernardino Attention: Interim Executive Director 201 North "E" Street, Suite 301 San Bernardino, California 92401 14. COMPLIANCE WITH LAW. The Consultant shall comply with all local, state, and federal laws, including, but not limited to, environmental acts, rules and regulations applicable to the work to be performed by the Consultant under this Agreement. The Consultant shall maintain all necessary licenses and registrations for the lawful performance of the work required of the Consultant under this Agreement. 15. NONDISCRIMINATION. The Consultant shall not discriminate against any person on the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical handicap in the performance of the Scope of Services of this Agreement. Without limitation, the Consultant hereby certifies that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status of national origin. Further, the Consultant shall promote affirmative action in its hiring practices and employee policies for minorities and other designated classes in accordance with federal, state and local laws. Such action shall include, but not be limited to, the following: recruitment and recruitment advertising, employment, upgrading and promotion. In addition, the Consultant shall not exclude from participation under this Agreement any employee or applicant for employment on the basis of age, handicap or religion in compliance with State and Federal laws. 16. CONSULTANT AND EACH SUBCONTRACTOR ARE INDEPENDENT CONTRACTORS. The Consultant shall at all times during the performance of any work described in the Scope of Services be deemed to be an independent contractor. Neither the Consultant nor any of its subcontractors shall at any time or in any manner represent that it or any of its employees are employees of the Agency or any member agency of the Agency. The Agency shall not be requested or ordered to assume any liability or expense for the direct payment of any salary, wage or benefit to any person employed by the Consultant or its 4816-8151-3730.1 -5- P:%Agendas\Agenda AttachmentsXAgrmts-Amend 2008\06-16.08 EDAW,Inc.-Professional Services Agreement.doc subcontractors to perform any item of work described in the Scope of Services. The Consultant is entirely responsible for the immediate payment of all subcontractor liens. 17. SEVERABILITY. Each and every section of this Agreement shall be construed as a separate and independent covenant and agreement. If any term or provision of this Agreement or the application thereof to certain circumstances shall be declared invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to circumstances other than those to which it 4s 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. 4816-8151-3730.1 -6— P:\Age das\Agenda AttachmentsWgrmts-Amend 2008\06i16-Og EDAW.Inc.-Professional Services Agreement doc 26. CONFLICTS OF INTEREST. The Consultant hereby represents that it has no interests adverse to the Agency or the City at the time of execution of this Agreement except as previously disclosed to the Agency Staff and in particular with respect to other work being performed by the Consultant for the (i) the San Manuel Band of Mission Indians, and (ii) M&D Development. The Consultant hereby agrees that, during the term of this Agreement, the Consultant shall not enter into any agreement or acquire any interests detrimental or adverse to the Agency or the City. Additionally, the Consultant hereby represents and warrants to the Agency that the Consultant and any partnerships, individual persons or any other party or parties comprising the Consultant, together with each subcontractor who may hereafter be designated to perform services pursuant to this Agreement, do not have and, during the term of this Agreement, shall not acquire any property ownership interest, business interests, professional employment relationships, contractual relationships of any nature or any other financial arrangements relating to the Agency, property over which the Agency has jurisdiction or any members or staff of the Agency that have not been previously disclosed in writing to the Agency, and that any such property ownership interests, business interests, professional employment relationships, contractual relationships or any nature or any other 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 "A" or any similar or related services. The Agency may, during the term of this Agreement, contract with other consultants for the performance of the same, similar or related services as those that may be performed by the Consultant under this Agreement. The Agency reserves the discretion and the right to determine the amount of services to be performed by the Consultant for the Agency under this Agreement, including not requesting any services at all. This Agreement only sets forth the terms upon which any such services will be provided to the Agency by the Consultant, if such services are requested by the Agency, as set forth in this Agreement. 28. 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 contract, negligence, strict liability or otherwise. The limitations and exclusions of liability set forth in this Section 28 shall apply regardless of fault, breach of contract, tort, strict liability or otherwise of the Consultant and the Agency, their employees or subconsultants. [SIGNATURES ON FOLLOWING PAGE] 4816-8151-3730.1 _7 PAAgend=XAgenda Attachmems\Agrmts-Amend 2008106-16-08 EDAW.Inc-Professioml Services Agreement.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date indicated next to the authorized signatures of the officers of each of them as appear below. AGENCY Dated: Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic By: Emil A. Marzullo, Interim Executive Director Approved as to Form and Legal Content: By: vu_- Timothy . bjl, Agency Counsel CONSULTANT EDAW, Inc. Dated: By: Name: Vaughan Davies Title: Principal/Director of Urban Design 4816-8151-3730.1 -8— P:\AgendasWgenda Anschments\Agrmts-Amend 2008\06-16-08 EDAW,Inc.-Professional Servioss Agreementdoc EXHIBIT "A" SCOPE OF SERVICES (Draft Proposal Subject to Change) 4816-8151-3730.1 _9_ P:1AgendaAASenda Avachments\AWM-Amend 2008\06-16-08 EDAW,Inc.-Professbmi Services Agreenmu.doc r u �t >, •'fit, � t \ " 3�,�. Y "i s _h r f ,t w EDAW AE CO SAN BERNARDINO DOWNTOWN CORE CONCEPT/VISION PLAN I 1 Downtown Core San Bernardino DOWNTOWN CORE CONCEPTIVISION PLAN We are very pleased that EDAW has been selected by the City of San Bernardino to assist in the preparation of a Conceptual Vision Plan for the Downtown Core of San Bernardino.The study area,preliminarily defined as the "downtown core",centers around N E Street and it is limited to the west bVhe 1- 215 Freeway and to the east to S Waterman Avenue;to the North by W 5 Street and the Secombe Lake and to the South by the railway track.The boundaries will be studied,refined and ultimately defined during the initial analysis on Task 1. 'Sub-districts'such as City Hall,County Court District; Carousel Mall,Theater/Night time District and the future Transit Station district will be identified within the study area and will be woven together and tested with complimentary development scenarios to fully understand the highest possible benefit for each district and the Downtown as a whole. Our work for the Downtown San Bernardino will be done in sufficient detail to inform the work done by the city,and other stakeholder entities to optimize their collective interests,and build consensus,in developing a thriving Downtown with a mix of retail,office(private and government entities),residential,entertainment and other uses vital to maintaining a sustainable urban core.A future effort is anticipated to"entitle"the project and gain any approvals or zoning changes. As Urbanists,our focus will be on creating added value in the public realm through the creation of a comprehensive open space system of,plazas, parks, great streets and boulevards which serve as compelling addresses for the existing and future developments.The EDAW team will identify underdeveloped sites,significant development opportunities, new and unique destination tenants/products,as well as lead a discussion about the possible funding strategies for the range of recommendations. Developing a compelling'story'or'way forward'for the City to become a leading destination of choice for visitors,residents and businesses alike is envisioned as the outcome of this effort. Possible implementation strategies will be outlined as CONTACT INFORMATION will the necessary controls and or incentives for development. Vaughan Davies,ISAA Principal/Director of Urban Design THE EDAW TEAM 515 S.Flower Street,9th Floor We propose a multidisciplinary team of EDAW experts led by Vaughan Davies, Los Angeles,CA 90071 Principal—Director of Urban Design who has significant prior experience in San T 213.593.7700 213.593.7715 Vaughan.Davies@edaw.com Bernardino and the region.Vaughan is an architect and urban designer with www.edaw.com more than 25 years of experience on complex urban projects. Directing the day to day effort will be Maria Rosario,who has significant experience in leading multi-disciplinary teams on a broad range of urban projects.Gaurav Srivastava will be the Senior Urban Planner and will work closely with Vaughan and Maria to develop the design.Additionally,Joan Isaacson with her many years of planning and public facilitation experience will guide the team in it's discussions and stakeholder outreach.Alexander Quinn will provide his economics expertise to the team. EDAW INC EXEMPLARY ENVIRONMENTS SAN BERNARDINO DOWNTOWN CORE CONCEPT/VISION PLAN 12 THIS EFFORT WILL TAKE PLACE IN SEVEN DISTINCT TASKS; Task 1: ANALYSIS Task 2: DESIGN OPTIONS/ALTERNATIVES-CHARRETTE Task 3: PREFERRED PLAN Task 4: DEVELOPMENT STANDARDS Task 5: ZONING/CHANGE OF ZONE/OVERLAY ZONE Task 6: IMPLEMENTATION PLAN Task 7: FINAL REPORT/PRESENTATION Please note that the work efforts associated with each task are not necessarily sequential and may occur concurrently with one another. All work shall be conducted on a lump sumIfixed fee basis, to be billed monthly based on tasks/percentage of work completed to be determined by Consultant and EDA. TASK 1:ANALYSIS This stage involves the initial collection of available data,and will require an initial site visit and culminate in an initial workshop/charette with the client, stakeholders,interested property owners and the EDAW team. This is a key and important part of the work of the EDAW team in guiding all future design assumptions/decisions as well as establishing the overall vision and message that clearly defines this effort.A key part of the initial analysis phase is the exploration and development of the downtown San Bernardino`brand'.A successful city identity program helps to attract residents,businesses and visitors and communicates a feeling of civic pride.As part of this analysis,we will study the qualities of San Bernardino which give it a unique sense of place, focusing on how the city envisions its identity both now and in the future.These explorations will enhance the vision plan and provide additional principles to guide the design direction through future phases. The initial collection of available data to be provided by the client will include: site surveys;engineering and infrastructure services and plans;transit routes; relevant market information;previous recent studies and plans for the area; current planning efforts including transportation and transit plans; historic preservation buildings and sites;existing building and zoning codes;existing environmental studies and impact analysis within the boundaries of the study area as well as other physical and non-physical information that may affect the project area. The EDAW team will visit and photograph the site and context,and analyze and develop a clear set of DRAFT guiding design principles for client/stakeholder review and comment.These design principles will be enhanced by our evaluation of the site opportunities and constraints as they pertain to the City's overall goals and objectives as established in our initial conversations and our ongoing and more detailed observations of the following; 1. Initial scoping meeting and site visit/visual&photographic survey a. Site and district edge conditions and adjacencies b. Views and orientation c. Existing land uses d. Site access/egress e. Gateways and linkages f. Key landmarks and site features g. Unique architectural,urban/landscape character defining elements h. Key adjacent/contextual features(e.g., 1-215 Freeway,rail access, etc.) 2. Review past Lakes and Streams, ULI and LNR studies/plans,other EDAW INC EXEMPLARY ENVIRONMENTS SAN BERNARDINO DOWNTOWN CORE CONCEPT/VISION PLAN 13 "Pipeline projects",etc.(to be provided by the client) 3. Proposed development program including initial conceptual Market Demand&Absorption Analysis 4. Relevant scale comparisons(e.g.,Old Pasadena, Paseo Colorado, Olvera Street,etc.) 5. Identify new and future projects in the vicinity 6. Kick-off meeting 7. Prepare for Design Charette#1 8. Notes/summary report of meetings 9. Prepare for/support and develop materials for client internal review(s) 10. Initial City/Agency scope meeting in San Bernardino 11. Prepare for and attend f/up client design meeting 12. Prepare for and attend consultant briefing(s)TBD 13. Aerial mapping 14. Prepare Study model(existing conditions) 15. Illustrative site/context diagram(s) 16. Summary of Design Principles Diagram(s) 17. Summary Site Context&Site Analysis 18. Establish Downtown Planning/Development Areas 19. Establish preliminary approach to the downtown'brand' 20. Establish approach to open space/public realm&landscape elements 21. Consolidation/summary of available background information 22. Presentation of Analysis and Draft Design Objectives/Principles 23. Narrative description 24. Prepare draft of proposed land use plan for ultimate project site 25. Recommend other components to be addressed in the Specific Plan document(e.g.,building restrictions,circulation elements,parking standards,height limitations,design standards,architectural themes, landscaping and water elements,etc.) A client walkthrough of the site to visit and photograph the site in greater detail, understand the opportunities and constraints and to confirm/analyze and develop a more refined set of guiding design principles for client review and comment is anticipated.These design principles will help the EDAW team to evaluate and refine the future alternatives as they pertain to the client's overall goals and objectives as established in the initial conceptual effort and the ongoing and more detailed observations of the site and its future uses;retail,entertainment, residential,hotel and/or office buildings,as well as it's streets and open spaces. Deliverables 1. A summary report will document and address all of the issues 1-25 (above) 2. Various maps,diagrams and other charette materials Defined Study Area—The study area is preliminarily defined as the"downtown core",from the 1-215 on the west to the County Court Site on the east,and from the Library/6t'Street on the north to the rail line/northern edge of the baseball field on the south. The result of the analytical phase of EDAW team work in preparation for the initial design charette,and client-team discussion(s)will enable the EDAW team to establish an agreed upon and clear set of preliminary design principles which will guide the future development of site alternatives and will assist in evaluating/ testing the alternatives. All work during conducted during this phase will be a combination of freehand sketches and/or Cad,as appropriate,that will be easily reproducible and provided as scanned electronic documents at various scales or If in Power Point format. EDAW INC EXEMPLARY ENVIRONMENTS SAN BERNARDINO DOWNTOWN CORE CONCEPT/VISION PLAN 14 The EDAW team does not proceed towards the next task(Design Options/Alternatives)until these design objectives/principles are clearly established and agreed upon. This ensures that the EDAW team is developing solutions to the right problems with the concurrence of the client. TASK 2:DESIGN OPTIONS/ALTERNATIVES-CHARRETTE On completion of Task 1—the ANALYSIS, EDAW together with the team will develop and test two or three alternative design concepts based on the agreed- upon preliminary design principles and established program elements. An intensive DESIGN CHARRETTE will be the format of this effort. Utilizing base map information/ALTA survey to be provided by the client and the deliverable material form Task 1 EDAW will focus the alternatives on uses and the program as determined by the project team,and our extensive knowledge of redevelopment and urban infill projects. These plans will be conceptual in nature and will show various configurations of orientation,location an linkages to the future Carousel Mall development,other known proposed projects and adjacent buildings,grouping of possible residential types,office and hotel uses,parking options,focal points,circulation, lots and development pad areas,community facilities,and potential amenity concepts for the project. Office, hotel, retail, residential units and parking yields will be calculated using typical density factors for the anticipated product types,as well as associated parking ratios and counts. Each concept plan will be evaluated in terms of balance between open space and building mass,use of interstitial spaces,densities,etc.,in order to better evaluate one against the other in terms of"highest and best use"and "most feasible use". Deliverables Design Charette#1 At the conclusion of the Analysis Phase the EDAW team will recommend a Design Charette with the client and appropriate stakeholders to be conducted over a period of 2-3 days. This is an opportunity for all stakeholders to make a meaningful contribution to the planning and design process, as well as take'ownership'in the eventual outcome of the project. This also affords a significant degree of transparency to the process and avoids any unnecessary surprises in the development of the plan.EDAW will support the development of an agenda,list of participants,deliverables for the charette as well as facilitate the meetings. The result of the Design Options/Alternatives phase of our work will establish two or three clear alternative designs to be evaluated/tested with the established goals and objectives,design principles and established program needs of the client team. 1. Prepare/set up for Design Charette 2. Notes/summary report of Meeting/Charette 3. Site visit#2(Client and stakeholder team)to review and collectively understand the following;existing buildings site infrastructure and utilities,adjacent land uses,topography and other factors that may impact our work(e.g.,future transit linkages) 4. Site Plan alternatives(max 3) a. Free hand/Cad illustrative Plan alternatives to scale b. Special places c. Parcel Plan 5. Character Sketches and vignettes 6. Relevant Precedents and scale comparisons 7. Typical Sections illustrating the following; a. Approach to Carousel Mall,and other planning/development areas, building and site development EDAW INC EXEMPLARY ENVIRONMENTS SAN BERNARDINO DOWNTOWN CORE CONCEPTIVISION PLAN I r, b. Hotel retail and office,or other building types c. Public open spaces d. Special elements 8. Study model(scale to be determined) 9. Development Fact Sheet 10. Refined preliminary'brand'identity 11. Schematic open space Plan 12. Refined Design Imagery(color photographic/Cad images) Implementation Workshop#2 At the conclusion of the Options Phase the EDAW team will recommend a second brief Implementation workshop with the client and appropriate stakeholders to be conducted over a period of 1 day. This is an opportunity for all stakeholders to review and make a meaningful contribution to the refinement of the planning and design process,as well as take ownership' in the eventual outcome and implementation of the project(s)identified in the initial charette. This also affords a significant degree of transparency to the process moving forward and avoids any unnecessary surprises in the development/implementation of the various pieces of the plan. EDAW will support the development of an agenda,list of participants,deliverables for the implementation/workshop as well as facilitate the meetings. We do not proceed towards the next task(Preferred Concept Plan)until these alternatives are clearly reviewed and an agreed upon direction established. This ensures that we are developing solutions to the right problems. We do not proceed towards the next task(Preferred Concept Plan)until these altematives are clearly reviewed and an agreed upon direction established. This ensures that we are developing solutions to the right problems. TASK 3:PREFERRED CONCEPT PLANS Next,the selected concept plan alternative will be the subject of a project team meeting where a preferred plan direction will be confirmed. This direction will become the basis for preparation of the preferred plan and attendant design materials and project description. The client will approve a selected concept alternative or plan for further refinement by EDAW and the team. During this stage,EDAW will define the basic structure of the plan through further design study and interactions with Client and Agency/City staff and other consultants retained by the client. At this point a CAD/Alta survey base will be utilized to refine the gross development plan and street and block layout.(Further refinement of this is anticipated in later stages of the work effort) The Preferred Plan will identify/address the following items: • Development/brand identity • Phasing/development strategies based on conceptual Market Absorption Scenarios • Vehicular/pedestrian circulation • Street and block layout • Building massing,heights,etc. • Open space system/landscape treatments • Community features and parcel considerations • Land use—Downtown Core.Carousel Mall,other Planning Areas, office,residential,other retail/commercial,hotel,and/or other possible uses • Security considerations • Servicing • General Infrastructure considerations • Land efficiencies/project density EDAW INC EXEMPLARY ENVIRONMENTS SAN BERNARDINO DOWNTOWN CORE CONCEPT/VISION PLAN 18 In addition to the overall structure of the proposed new downtown community in street and block form,the EDAW team will work to test prototypes/approaches for each of the product types located within the preferred concept plan,outlining the required setbacks for each development type,optimum parcel configurations, parking and potential variations in parcel lines/setbacks that can be developed to further enhance and/confirm the development needs/requirements. EDAW will submit drafts of preferred concept plans for client comment and approval. This will include a written narrative,photographs,plans and elevations. After approval is received,the EDAW team will proceed to the next task. Deliverables 1. Notes/summary report of Meeting(s) 2. Illustrative Preferred Plan 3. Preferred Plan Report and Presentation includes; a. Rendered Preferred plan b. Freehand Character images c. Character/precedent photos d. Land use plan e. Parcel identification plan f. Phasing strategy/plan and likely conceptual market absorption rate g. Vehicular Circulation Plan(incl.parking and entry gateway elements) h. Pedestrian Circulation plan i. Open space plan(incl.special places) j. Engineering/Infrastructure Concept plans as appropriate k. Building massing studies I. Branding Concepts 4. Typical Sections;showing the relationship of former Carousel Mall and other buildings to one another and to adjacent streets and parks, including conceptual developments in planning areas 5. Typical Elevations;illustrating the approach to the existing structure(s) as well as the compatibility of proposed new structures;include conceptual developments in planning areas 6. Development Statistics Fact sheet(Densities/Areas) 7. Presentation boards with relevant images,artists renderings(as approved under separate authorization)and planning principles diagrams 8. An Electronic Version of above 9. An AutoCAD 3D version of the plan 10. Study/sketch Model(s)for design and discussion purposes of the overall concept(various scales) TASK 4:DEVELOPMENT STANDARDS Development Standards will need to be considered for the Downtown Core and planning/development areas within. Downtown Core and/or conceptualized planning/development areas will become the basis for the preparation of new development standards specifically for these areas to be included in a final Specific Plan document or other amendments to the City Development Code and General Plan. Based on information and results from Tasks 1-3,to the EDAW team will prepare Downtown Core Development Standards. Standards to consider: • Zoning • Land Use • Permitted Uses • Architectural Design • Landscaping EDAW INC EXEMPLARY ENVIRONMENTS SAN BERNARDINO DOWNTOWN CORE CONCEPT/VISION PLAN 17 • Parking • Development Standards for Downtown Core and/or specific standards for planning/development areas. Deliverable Downtown Core Development Standards TASK 5:ZONING/CHANGE OF ZONE/OVERLAY ZONE The development of the Downtown Core will only be successful if viable amendments to the current City Development Code are in place. Based on the results of Tasks 1 and 4,the EDAW team will again consider new development standards and the existing City Development Code to determine and/or make recommendations for zone changes or the establishment of an Overlay Zone for the Downtown Area. Deliverable Zoning/Overlay Recommendation Report TASK 6:IMPLEMENTATION PLAN In order to see the orderly development of the Downtown Core,an action or Implementation Plan shall be prepared. The Implementation Plan shall consider tools,strategies and timeframes for accomplishment. With input from City and Agency staff and others,the EDAW team shall prepare an Implementation Plan for the Downtown Core that includes,but may not be limited to the following: • Development/Business Attraction • Partnerships—Public/Private • Codes and Regulations ■ Specific Plan Preparation ■ General Plan Amendments ■ Overlay Zone Establishment ■ Code Revisions ■ EIR Preparation ■ Development Review Process • Funding • Marketing • Proposed Schedule for Implementation Deliverable Implementation Plan TASK 7:FINAL REPORT PREPARATION Consultant will assemble the completed technical work and integrate into a draft Final Report for consideration,comment and approval by the Client. The Final Report will include information and/or findings from Tasks 1-6. The EDAW team will prepare an executive summary of the Final Report and the Implementation Plan. The executive summary will provide a clear and concise summary of the Implementation Plan and action steps and contain strong graphic contents and easily understood data summary tables in a format that can be utilized as a color brochure for community information,education and market advocacy. In addition,the executive summary brochure will be included within a PowerPoint slide show presentation containing the summary information. After approval is received,the EDAW team will prepare the Final Report and will make a formal presentation of the Final Report at a public meeting as will be designated by the client. The Final Report will describe the planning principles for the site and incorporate photographs,plans with appropriate graphic formatting and written narrative to fully describe both the Implementation Plan EDAW INC EXEMPLARY ENVIRONMENTS SAN BERNARDINO DOWNTOWN CORE CONCEPT/VISION PLAN 8 and the Final concept plan. Deliverables 1. Final Report,with executive summary 2. Summary Brochure 3. PowerPoint Presentation EDAW INC EXEMPLARY ENVIRONMENTS SAN BERNARDINO DOWNTOWN CORE CONCEPT/VISION PLAN 18 Fee SUMMARY OF TASK ESTIMATED ESTIMATED LABOR COMPLETION FEE TASK 1.0: Project Analysis • Attend kickoff meeting#1 &site visit Week 1 Collect and review data Week 2 Conduct site analysis/opportunities&constraints Week 3 • Client meeting#2 Week 3 Prepare for Charette#1 Week 4 Prepare summary opportunities and constraints exhibits Week 4 TASK 1 SUBTOTAL 4 Weeks 41,000 TASK 2.0: Options/Alternatives Charette#1-Conceptual alternatives Week 5 Develop options,identity,etc. Week 6-7 • Client meeting#3 Week 7 Refined Options&select preferred plan Weeks 7-8 TASK 2 SUBTOTAL 4 Weeks 73,000 'TASK 3.0: Preferred Concept Plan Charette#2-Implementation Week 9 Prepare final concept studies Weeks 9-10 Prepare final program,uses,and circulation Weeks 10—12 Client meeting#4 Week 11 Agency resentation Week 11 • Client meeting#5 Week 13 Prepare presentation exhibits Weeks 13—14 TASK 3 SUBTOTAL 6 Weeks 52,000 'TASK 4: Development Standards • Client meeting#6 Week 15 • Client meeting#7 Week 17 • Client meeting#8 Week 19 . Agency resentation Week 19 • Client meeting#9 Week 21 Pre are DRAFT Development Standards Weeks 15-21 TASK 4 SUBTOTAL 7 Weeks` 56,000 TASK 5: Zoning/Change of Zone/Overlay Zone Prepare DRAFT Recommendations Weeks 15-21 TASK 5 SUBTOTAL 7 Weeks* 13,500 'TASK 6: Implementation Plan Prepare DRAFT Implementation Plan Weeks 22-24 Client meeting#10 Week 23 TASK 6 SUBTOTAL 3 Weeks 12,000 TASK 7: Final Report Preparation Prepare FINAL Report,Summary Brochure,PowerPoint Presentation Weeks 25-27 Client meeting#11 Week 25 TASK 7 SUBTOTAL 3 Weeks 16,000 TASKS 1-7 TOTAL 27 Weeks 263,500 Our proposal includes; • Client team meetings every two weeks(11 TOTAL MEETINGS x 2people) • 1 Charette +1 Workshop • 2 Agency presentations The above labor fee budget does not include out-of-pocket expenses including,but not limited to,blueprinting, printing,duplicating/copying, reproduction, photography and delivery costs, or outside services performed by others for unexpected work, additional meetings and or deliverables which will be billed on a Time and materials basis. Reimbursable expenses shall be invoiced in accordance with the attached Fee Schedule. "Tasks 4 and 5 are anticipated to run concurrently A 10%retainer is required prior to commencement of this work effort. EDAW INC EXEMPLARY ENVIRONMENTS Schedule WEEKS TASKS 1 2 1 3 1 4 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1.ANALYSIS 2.OPTIONS 3.PREFERRED PLAN 4.DEVELOPMENT STANDARDS 5.ZONING/RECOMMENDATIONS 6.IMPLEMENTATION PLAN 7.FINAL REPORT MEETINGS KICK OFF MEETING CLIENT MEETINGS CHARETTE#1 CHARETTE#2 PUBLIC/AGENCY PRESENTATIONS sM1 5. "'F r t :Y �' ,s. s, n.,i r•^�,r -° gx t- .+ f _ L F is ,: .. .: ._ •. t^ tdl I)F ! j s 9 t r q An - 3' 4 4!k Nli 'pj zf �rt --sh;4y � h �R � 4�C ,3 t •r�r�s"' L �., r�;`2. ;` 4 r - (� t 7 _ r f EXHIBIT "B" SUPERVISORY STAFF PERSONNEL Agency Staff- Emil A. Marzullo, Interim Executive Director Don Gee, Deputy Director Jeffrey Smith, Senior Urban Planner I 4816-8151-3730.1 -10- P:\Agendas\Agenda Attachments\Agmts-Amend 1008\06-16.08 EUAW,Inc.-Professional Services Agreemem.doc EXHIBIT "C" INSURANCE REQUIREMENTS The Consultant shall maintain insurance policies issued by an insurance company or companies authorized to do business in the State of California and that maintain during the term of the policy a "General Policyholders Rating" of at least A(v), as set forth in the then most current edition of"Bests Insurance Guide," as follows: (1) Automobile Insurance. The Consultant and each of its subcontractors shall maintain comprehensive automobile liability insurance of not less than $100,000.00 combined single limit per occurrence for each vehicle leased or owned by the Consultant or its subcontractors and used in performing work under this Agreement. (2) Worker's Compensation Insurance. The Consultant and each of its subcontractors shall maintain worker's compensation coverage in accordance with California workers' compensation laws for all workers under the Consultant's and/or subcontractor's employment performing work under this Agreement. (3) Errors and Omissions Coverage. The Consultant shall maintain an insurance policy covering liability for errors and omissions of the Consultant in performing the Scope of Services of this Agreement in an amount of not less than $1,000,000.00. Concurrent with the execution of this Agreement and prior to the commencement of any work by the Consultant, the Consultant shall deliver to the Agency, copies of policies or certificates evidencing the existence of the insurance coverage required herein, which coverage shall remain in full force and effect continuously throughout the term of this Agreement. Each policy of insurance that Consultant purchases in satisfaction of the insurance requirements of this Agreement shall name the Agency as an additional insured and shall provide that the policy may not be cancelled, terminated or modified, except upon thirty (30) days prior written notice to the Agency. 4816-8151-3730.1 -I1 — PAAgeodasWgenda AnachmenW.Agrmts-Amend 2008X06-16-08 EDAW,Inc.-Ptofessional Services Agreement_doc