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HomeMy WebLinkAbout05.G- Community Development i 5.G RESOLUTION (ID # 3530) DOC ID: 3530 D CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Agreement/Contract From: Mark Persico M/CC Meeting Date: 11/03/2014 1P repareud by. L J isa Sher iclK, `JV ) ou-t- 5057 Dept: Community Development Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Consultant Services Agreement with Eco Tierra Consulting, Inc. to Prepare a Comprehensive Development Code Update. (#3530) Current Business Registration Certificate: No Financial Impact: The Community Development Department will use $157,500 from Account Number 119-180-0029-5502 (CDBG) and $2,500 from Account Number 001-180-0029-5502 (Professional/Contractual Services) for a total amount of$160,000. Motion: Adopt the Resolution. Synopsis of Previous Council Action: May 3, 1991 - The Mayor and Common Council adopted Ordinance 782 approving a comprehensive Development Code Update. November 1, 2005 - The Mayor and Common Council adopted the General Plan Update. July 21, 2014 - The Mayor and Common Council authorized the issuance of a request for proposals to update the City's Development Code. Background and Analysis: One of the Council's strategic objectives is to increase economic development opportunities and create more jobs. The streamlining of the Development Code ("Code") will facilitate additional development and help implement the 2005 General Plan. The last comprehensive update was in 1991, and while there have been several piecemeal efforts to improve the Code, a comprehensive update is necessary. The Code is the regulatory tool that outlines how development occurs. The Code is required to implement the vision of the City. Thus, a new Code would incorporate contemporary planning and business practices and procedures, set objective criteria for new development and streamline the entitlement and permit process while also encouraging economic development. Updated: 10/29/2014 by Georgeann "Gigi" Hanna D Packet Pg.83 5.G 3530 One of the best ways to streamline the development process is the consolidation of zoning categories. Staff is suggesting that the new categories reflect geographic areas of the City. ❑ There are currently eleven (11) commercial zones located in the City_ Possible new consolidated commercial zones: o Freeway Commercial - Areas along the 10, 210, and 215 freeways. O Downtown Commercial - Parts of the City located near City Hall. O Corridor Commercial - Major streets in the City like Waterman, Highland, and Baseline. ❑ Currently there are nine (9) residential zones. The goal of the update is to consolidate the residential zones into four (4) possible new residential zones: o Foothill Residential Communities - Housing located up against the foothills. O Downtown Residential Communities - Housing located near City Hall. O Urban/Metropolitan/City/ Housing - Homes located outside the downtown area. O University Housing - Homes located near Cal State San Bernardino. ❑ The City has four (4) industrial zones, the objective is to consolidate these into two (2) new industrial zones: o Airport Industrial - Industrial businesses located near the airport. O Industrial - Industrial business located in the City outside of the airport borders. Keeping with the objective to streamline and simplify the permitting process the development code update will also include: ❑ New updated definitions. ❑ Broader categories of uses. A Request for Proposal was sent out to five (5) planning consulting firms and advertised on the City's website. Only one (1) company submitted a proposal. The firm is EcoTierra and is located in Westlake Village. EcoTierra meets the qualification to prepare a Code Update. They have prepared similar type projects for other municipalities in the Southern California area and have earned a reputation for comprehensive, thorough, and conscientious work. Community support and outreach is a major part of the project. In addition to the community meetings discussed in the consultant proposal, staff is recommending the appointment of a Development Code Working Group who have the expertise to work with staff and the consultant team to craft a Code that meets the needs of the community and creates much needed economic development opportunities. Staff has talked with several key individuals who have agreed to serve on the Working Group (see attached). Updated: 10/29/2014 by Georgeann "Gigi" Hanna D Packet Pg. 84 i 3530 The Community Development Department has a budget of $183,750 in Community Development Block Grant (CDBG) funds, which are allocated to long range planning, streamlining the development process, and historic preservation. This was approved at the April 7, 2014 Mayor and Common Council Meeting. The overall budget for this project is $160,000. Citv Attornev Review Supporting Documents: Reso with EcoTierra for Development Code Update (DOC) agrmt 3530 (PDF) Development Code Working Group (DOCX) RFP F-15-04 (PDF) Exhibit I" Proposal Development Code Update (PDF) Exhibit 2 - Project Budget Sheet (PDF) Updated: 10/29/2014 by Georgeann "Gigi" Hanna D Packet Pg. 85 min 1 RESOLUTION NO. d 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN Q BERNARDINO AUTHORIZING THE EXECUTION OF CONSULTANT SERVICES 3 AGREEMENT WITH ECO TIERRA CONSULTING, INC. TO PREPARE A c 4 COMPREHENSIVE DEVELOPMENT CODE UPDATE. c 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE E CITY OF SAN BERNARDINO AS FOLLOWS: 6 a>i O 7 SECTION 1. The City Manager is hereby authorized and directed to execute a 40- 8 Consultant Services Agreement with Eco Tierra Consulting, Inc. for a Comprehensive c U 9 Development Code Update; a copy of which is attached hereto as Attachment "A" and � 3 10 incorporated herein. a Cn 0 11 SECTION 2. The Director of Finance is hereby authorized to issue a purchase order for M 12 N services related to the Comprehensive Development Code Update to Eco Tierra Consulting, Inc. o 13 h pursuant to Specification No. F-15-04 for a total of$160,000.00 out of account number 119- 14 y 180-0029-5502. 15 a D SECTION 3. The authorization to execute the above-referenced Agreement is 16 a U 17 rescinded if the Agreement is not executed and returned to the Office of the City Clerk within E 18 sixty(60) days following the effective date of this Resolution. o d 19 0 0 20 d 21 0 V W 22 23 U) 24 m E 25 w Q 1 Packet Pg.86 1 a� 2 � RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 3 BERNARDINO AUTHORIZING THE EXECUTION OF CONSULTANT SERVICES c 4 AGREEMENT WITH ECO TIERRA CONSULTING, INC. TO PREPARE A COMPREHENSIVE DEVELOPMENT CODE UPDATE. 5 a 0 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and > 0 7 Common Council of the City of San Bernardino at a meeting thereof, held w 0 8 on the day of , 2014,by the following vote, to wit: c U 9 Council Members: AYES NAYS ABSTAIN ABSENT 3 10 MARQUEZ a 0 I1 LO BARRIOS 12 N VALDIVIA o 13 A SHORETT 14 NICKEL 15 0- D 16 JOHNSON c U 17 MULVIHILL 0. 18 0 Georgeann Hanna, City Clerk 19 0 20 The foregoing resolution is hereby approved this day of , 2014. A) 21 0 0 W 22 R. Carey Davis, Mayor City of San Bernardino 0 23 Approved as to form: 24 Gary D. Saenz, City Attorney Q 25 By: E r Q 2 Packet Pg.87 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 2014 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city and a municipal corporation("CITY"), and Eco Tierra Consulting, Inc. ("CONSULTANT"). WITNESSETH : A. WHEREAS, CITY proposes to have CONSULTANT perform the services described herein below; and B. WHEREAS, CONSULTANT represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all M necessary licenses to practice and perform the services herein contemplated; and a 0 U C. WHEREAS, CITY and CONSULTANT desire to contract for services to prepare a Comprehensive Development Code Update; and E CL 0 D. WHEREAS, no official or employee of CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this o L Agreement. 0 NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein,the parties hereby agree as follows: 0 E 1.0. SERVICES PROVIDED BY CONSULTANT Q 1.1 Scope of Services. For the remuneration stipulated, CONSULTANT shall M provide a Comprehensive Development Code Update as described in RFP F-15-04 and LO CONSULTANT's Proposal for Comprehensive Development Code Update dated September 18, o 2014, both attached hereto as Exhibit "I" and incorporated herein by this reference. If a conflict M arises between the Scope of Services and this Professional Services Agreement(hereinafter E "Agreement"),the terms of the Agreement shall govern. a� 0 1.2. Professional Practices. All professional services to be provided by CONSULTANT pursuant to this Agreement shall be provided by skilled personnel and in a E manner consistent with the standards of care, diligence and skill ordinarily exercised by cc professional consultants in similar fields and circumstances in accordance with sound a professional practices. CONSULTANT also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise CITY of any changes in any laws that may affect CONSULTANT's performance of this Agreement. CONSULTANT further represents that no CITY employee will provide any services under this Agreement. 1 Packet Pg.88 S.G.b 1.3. Warranty. CONSULTANT warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. CONSULTANT shall indemnify and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including reasonable attorneys' fees and costs, presented, brought, or recovered against CITY for, or on account of any liability under any of the above-mentioned laws, arising from or related to CONSULTANT's performance under this Agreement. w 1.4. Non-discrimination. In performing this Agreement, CONSULTANT shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, U mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation of E this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. o d 1.5 Non-Exclusive Agreement. CONSULTANT acknowledges that CITY may enter o into agreements with other consultants for services similar to the services that are subject to this ,o Agreement or may have its own employees perform services similar to those services U contemplated by this Agreement. o 1.6. Delegation and Assignment. This is a personal service contract, and the duties set U forth herein shall not be delegated or assigned to any person or entity without the prior written 3 consent of CITY. CONSULTANT may engage a subcontractor(s) as permitted by law and may Q employ other personnel to perform services contemplated by this Agreement at M CONSULTANT's sole cost and expense. 1.7 Conflicts of Interest. During the term of this Agreement, CONSULTANT shall at C1 all times maintain a duty of loyalty and a fiduciary duty as to the CITY and shall not accept 41 payment from or employment with any person or entity which will constitute a conflict of E interest with the CITY. `6 u c 1.8 CITY Business Certificate. CONSULTANT shall obtain and maintain during the E term of this Agreement, a valid CITY Business Registration Certificate pursuant to Title 5 of the City of San Bernardino Municipal Code and any and all other licenses, permits, qualifications, Q insurance and approvals of whatever nature that are legally required of CONSULTANT to practice its profession, skill or business. 2.0. COMPENSATION AND BILLING 2.1. Comlensation. Over the term of this Agreement, CONSULTANT shall be paid for such services in an amount not to exceed$160,000.00 in accordance with the specifications contained in the"San Bernardino Comprehensive Development Code Update BUDGET" attached and incorporated herein as Exhibit "T'. 2 Packet Pg.89 2.2. Additional Services. CONSULTANT shall not receive compensation for any services provided outside the Scope of Services unless the CITY, prior to CONSULTANT performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. CONSULTANT may submit invoices to CITY for approval. Said invoice shall be based on the total of all CONSULTANT's services which have been completed to CITY's sole satisfaction. CITY shall pay CONSULTANT's invoice within forty- five (45) days from the date CITY receives said invoice. The invoice shall describe in detail, the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order,where applicable, on all invoices. 0 U 2.4. Records and Audits. Records of CONSULTANT's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles E and shall be made available to CITY for inspection and/or audit at mutually convenient times for c a period of three(3)years from the Effective Date. d 0 3.0. TERM AND NOTIFICATION. ,o w 3.1. Term. This Agreement shall commence on the Effective Date and shall terminate on January 31, 2016, unless the Agreement is previously terminated as provided for 0 herein. L 3.2 Termination. CITY or CONSULTANT may terminate this Agreement for any a reason upon thirty (30) days written notice to the other party. In the event of termination, c CONSULTANT shall be paid the reasonable value of services rendered to the date of M termination. 0 M 3.3 Documents. In the event of termination of this Agreement, all documents M Y prepared by CONSULTANT in its performance of this Agreement shall be delivered to the E CITY within ten (10) days of delivery of termination notice to CONSULTANT, at no cost to CITY. Any use of uncompleted documents without specific written authorization from CONSULTANT shall be at CITY's sole risk and without liability or legal expense to E CONSULTANT. U R w w 4.0.INSURANCE a 4.1. Minimum Scope and Limits of Insurance. CONSULTANT shall obtain and maintain during the term of this Agreement all of the following insurance coverages: (a) Commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. 3 Packet Pg.90 i (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits,per occurrence and aggregate. (c) Workers' compensation insurance as required by the State of California. 4.2. Endorsements. The commercial general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to CONSULTANT'S performance under this contract." a (b) Notice: "Said policy shall not terminate, nor shall it be materially changed or cancelled, nor the coverage reduced, until thirty (30) days after written notice is 0 given to CITY." d (c) Other insurance: "Any other insurance maintained by the City of San Bernardino c shall be excess and not contributing with the insurance provided by this policy." d 4.3. Certificates of Insurance. CONSULTANT shall provide to CITY certificates of ° 0 insurance showing the insurance coverages and required endorsements described above, in a form and content approved by CITY,prior to performing any services under this Agreement. c 0 ■.� 4.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, v the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payments of damages to persons or property. Q 0 5.0. GENERAL PROVISIONS M Cl) 5.1. Entire Agreement. This Agreement constitutes the entire Agreement between the M parties with respect to any matter referenced herein and supersedes any and all other prior M writings and oral negotiations. This Agreement may be modified only in writing, and signed by E the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. E s U R a+ 5.2. Notices. Any notices, documents, correspondence or other communications a concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. 4 Packet Pg.91 i TO CONSULTANT: TO CITY: Eco Tierra Consulting,Inc. City Manager 5776-D Lindero Canyon Road 9414 300 North"D" Street Westlake, CA 91362 San Bernardino, CA 92418 Telephone: (818) 356-9496 Telephone: (909) 384-5122 Facsimile: (818) 991-8292 Facsimile: (909) 384-5138 53. Attornevs' Fees. In the event that litigation is brought by any party in connection with this Agreement,the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the CITY shall be considered as "attorneys'fees" for the purposes of this Agreement. E 5.4. Goveming_Law. This Agreement shall be governed by and construed under the c laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto 0 agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San ,o Bernardino County, California. w 5.5. Assip-nment. CONSULTANT shall not voluntarily or by operation of law assign, 0 transfer, sublet or encumber all or any part of CONSULTANT's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or 3 encumbrance shall be void and shall constitute a breach of this Agreement and cause for a termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall M release CONSULTANT of CONSULTANT's obligation to perform all other obligations to be M performed by CONSULTANT hereunder for the term of this Agreement. o co t!y 5.6. Indemnification and Hold Harmless. CONSULTANT shall protect, defend, w indemnify and hold harmless CITY and its elected and appointed officials, boards, commissions, E officers, attorneys, agents and employees from any and all claims, losses, demands, suits, administrative actions, penalties, liabilities and expenses, including reasonable attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature E including, but not limited to, all civil claims or workers' compensation claims arising from or in any way related to CONSULTANT's performance under this Agreement, except when caused Q solely by the CITY's negligence. 5 Packet Pg.92 5.7. Independent Contractor. CONSULTANT, at all times while performing under this Agreement, is and shall be acting at all times as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall secure, at its expense, and be responsible for any and all payment of wages, benefits and taxes including, but not limited to, Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for CONSULTANT and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Neither CONSULTANT nor its officers, agents and employees shall be entitled to receive any benefits which employees of CITY are entitled to receive and shall not be entitled to workers' compensation insurance, unemployment compensation, medical insurance, life insurance, paid vacations,paid holidays,pension, profit sharing or social security on account of CONSULTANT ; and its officers', agents' and employees' work for the CITY. This Agreement does not create the a relationship of agent, servant, employee partnership or joint venture between the CITY and D CONSULTANT. 0 U 5.8 Conflict of Interest Disclosure. CONSULTANT or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires Q such persons to disclose financial interests that may be materially affected by the work 0 performed under this Agreement, and (2) prohibits such persons from making or participating in d making decisions that will have a foreseeable financial effect on such interest. L 0 CONSULTANT shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of the Agreement by CITY. c 0 5.9. Responsibility for Errors. CONSULTANT shall be responsible for its work and results under this Agreement. CONSULTANT, when requested, shall furnish clarification and/or explanation as may be required by the CITY's representative, regarding any services rendered Q under this Agreement at no additional cost to CITY. In the event that an error or omission M attributable to CONSULTANT occurs, then CONSULTANT shall, at no cost to CITY, provide LO all other CONSULTANT professional services necessary to rectify and correct the matter to the o sole satisfaction of CITY and to participate in any meeting required with regard to the correction. M w 5.10. Prohibited Employment. CONSULTANT shall not employ any current employee E L of CITY to perform the work under this Agreement while this Agreement is in effect. c m 5.11. Costs. Each party shall bear its own costs and fees incurred in the preparation and E negotiation of this Agreement and in the performance of its obligations hereunder except as o expressly provided herein. a 5.12. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of CITY and CONSULTANT and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 5.13, Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or Q 6 Packet Pg.93 S.G.b._ accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. Amendments. Only a writing executed b all of the parties hereto or their 5.14. Y g Y P respective successors and assigns may amend this Agreement. 5.15. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event,nor shall any waiver constitute a continuing waiver. D d 5.16. Severabili1y. If any provision of this Agreement is determined by a court of o U competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the E offending provision in any other circumstance, and the remaining provisions of this Agreement c shall remain in full force and effect. > 0 5.17. Counterparts. This Agreement may be executed in one or more counterparts, each o of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 0 5.18. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said 3 parties and that by doing so, the parties hereto are formally bound to the provisions of this Q Agreement. M M 0 M LO E L C d E V y.+ Q 7 Packet Pg.94 5.G.b IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their respective authorized officers,as of the date first above written. CITY OF SAN BERNARDINO, Eco Tierra Consulting,Inc. A Municipal Corporation CONSULTANT Allen Parker, City Manager Signature w CL d Name and Title o U _ w E CL 0 ATTEST: d 0 Georgeann Hanna, City Clerk r o U .a c� 3 Approved as to form : a Gary D. Saenz, M City Attorney 0 M LO M By. E E M _ d E V r Q 8 Packet Pg.95 " Development Code Working Group Hamid Azhand—Cal State University San Bernardino Scott Beard—Gerald W. Beard Realty, Inc. Carl Dameron, Dameron Communications m Kevin Fischer—Loma Linda University Mark Ostoich—Gresham I Savage D Frank Schnetz—Vanir Jian Torkan—ICO Real Estate Group, Inc. U C d E Staff Members o a� 0 Bill Manis o Mark Persico c� Jim Morris Mickey Valdivia v Tony Frossard -a L Aron Liang ca 3 Q o M U) M Q O r1 V C Y L O d O U c d E OL O m d O r c d E U R w a� Q Packet Pg.96 San Bernar lino SM August 19, 2014 d 0 SUBJECT: REQUEST FOR PROPOSALS (RFP) F-15-04 c. d 0 The City of San Bernardino (City) invites proposals from qualified vendors for: Comprehensive Development Code Update o d Parties interested in obtaining a complete copy of this RFP (F-15-04) may do so by o accessing the City of San Bernardino's website at www.sbcity.org > City Hall > o Administrative Services> Finance > Request for Bids, beginning August 19, 2014, or by faxing their request to (909) 384-5043, attention Vanessa Sanchez. w Please include the following information in your request: name and address of firm; o name, telephone and facsimile number of contact person; specify RFP F-15-04. 0 Copies of the RFP may also be obtained by calling Ellen Rumple at (909) 384-5330 a or in person at City Hall, 300 N. "D" St., 4th floor, Purchasing Division, San o Bernardino, CA 92418. M From the issuance date of this Request for Proposal until a Vendor is selected and o the selection is announced, Proposers are not permitted to communicate with any LO City staff or officials regarding this procurement, other than during interviews, a demonstrations, and/or site visits, except at the direction of Vanessa Sanchez, Accounting Assistant the designated representative of the City of San Bernardino. Contact with anyone not designated will result in elimination from the bid process. t U Closing Date: Proposals must be submitted at or before 3:00 PM, PST, September w 18, 2014, at the address listed above. a Issuance of this RFP and/or receipt of proposals do not commit the City to award a contract. Sincerely, Vanessa Sanchez Accounting Assistant Packet Pg.97 S.G.d RFP F-15-04 Comprehensive Development Code Update SECTION 1. INSTRUCTIONS TO PROPOSER(S) d w CD O U c a> E 2 O d CD O L O r V cC O O U -a L Q 0 M LO M O LO T- LL a LL c m E U t6 a+ Q Packet Pg. 98 RFP F-15-04 Comprehensive Development Code Update City of San Bernardino, Finance Department Purchasing Division RFP F-15-04 COMPREHENSIVE DEVELOPMENT CODE UPDATE Bid Documents to Be Returned by Bidder ❑ Title Page a� ❑ Cover Letter/ Letter of Introduction a ❑ Project Approach c U ❑ Project Staffing 5 E ❑ Vendor Qualifications and Project Experience 0 d ❑ Statement of Qualifications & References city Form) ° L O ❑ Statement of Past Contract Disqualifications city Form) w c ❑ Original Proposal vendor Form 0 a ❑ Three (3) copies of Proposal vendor Form a ❑ Original Firm & Fixed Fee Summary Proposal Price Form/Fee Schedule in a LO separate SEALED envelope vendor Form le 0 ❑ Authorized Binding Signature(s) LO ILL ❑ Proof of Insurance U_ ❑ Addendum Received (City Form) Iv Forms a� E ❑ Non-Collusion Affidavit (City Form) Iv Forms ❑ Listing of Proposed Subcontractor (City Form) IV Forms ❑ 120 Day Minimum Proposal Validity Statement III Additional Requirements, VI General Specifications#4 ❑ Workers' Compensation Insurance Certificate (City Form) ❑ Copy of Contractor License or other appropriate Licenses where applicable vi General Specifications#GG Proposer(s) are requested to submit this checklist completed with all bid documents. This list may not be inclusive of all documents needed to submit your RFP. 3 Packet Pg.99 RFP F-15-04 Comprehensive Development Code Update I. GENERAL INSTRUCTIONS TO PROPOSER(S) A. Non-Mandatory Pre-Proposal Meeting A non-mandatory Pre-Bid meeting will be held on September 2, 2014, at 1:00 P.M., at City Hall 300 N. D St. "Council Chambers" San Bernardino, California 92418. This meeting is to serve as a pre-bid review for prospective bidders. B. Examination of Proposal Documents 1. By submitting a proposal, the Offeror(s) represents that it has thoroughly examined and become familiar with the items required o under this RFP and that it is capable of quality performance to achieve U the City's objectives. E a 2. The City reserves the right to remove from its mailing list for future 2 RFPs, for an undetermined period of time, the name of any Offeror(s) for failure to accept a contract, failure to respond to two (2) ° L consecutive RFPs and/or unsatisfactory performance. Please note that 2 a "No Proposal" is considered a response. U w C. Addenda a Any City changes to the requirements will be made by written addendum to Q this RFP. Any written addenda issued pertaining to this RFP shall be incorporated into the terms and conditions of any resulting Purchase Order. The City will not be bound to any modifications to or deviations from the requirements set forth in this RFP as the result of oral instruction. o LO All Addendums will be posted to our website at www.sbcity.org > City Hall > LL Administrative Services > Finance > Request for Bids. For automatic U_ electronic notifications, please visit our website and sign-up for SB Connect. w E D. Clarifications Y Q 1. Examination of Documents Should an Offeror(s) require clarifications of this RFP, the Offeror(s) shall notify the City in writing in accordance with Section D.2 below. Should it be found that the point in question is not clearly and fully set forth, the City will issue a written addendum clarifying the matter which will be sent to all persons who have requested the RFP. 10 4 Packet Pg. 100 S.G.d RFP F-15-04 Comprehensive Development Code Update 2. Submitting Requests a. All questions, clarifications or comments shall be put in writing and must be received by the City no later than 3:00 PM September 8, 2014 and be addressed as follows: City of San Bernardino 300 North "D" Street 4th floor, Attn: Vanessa Sanchez cc San Bernardino, CA 92418 0 CL b. The exterior envelope or email subject line of all requests for o clarifications, questions and comments must be clearly labeled, L) r "Not an Offer." The City is not responsible for failure to respond to a request that has not been labeled as such. a 0 m The City will also accept questions sent by facsimile machines o or email, however, all faxed or emailed questions must be o received by the City no later than 3:00 PM, PST, September 8, r 2014 Send facsimile transmissions to (909) 384-5043, attention L Vanessa Sanchez, and emails to sanchez va(a)sbcity.org c Now U C. Inquiries received after 3:00 PM September 8, 2014 will not be accepted. a 0 3. City Responses LO M Responses from the City will be communicated in writing to all o recipients of this RFP, by a posting to our website, www.sbcity.orq by r the close of business September 11, 2014. LL a. LL For automatic electronic notifications, please visit our Homepage and w register for SB Connect. If you are not registered for SB Connect, you 0 may view or download any Addenda at www.sbcity.org > City Hall > Administrative Services > Finance > Request for Bids. w E. Submission of Quotes 1. Date and Time All Quotes are to be submitted to City of San Bernardino, Attention: Vanessa Sanchez. Quotes received after 3:00 PM PST, September 18, 2014, will be rejected by the City as non-responsive. NW 5 Packet Pg. 101 5.G.d RFP F-15-04 Comprehensive Development Code Update Q 2. Address Quotes shall be addressed as follows: City of San Bernardino 300 North D Street Finance Department— 4th Floor Attn: Vanessa Sanchez San Bernardino, CA 92418 a� Quotes may be delivered in person to the Finance Department, 4th a floor of the above address. a� 0 3. Identification of Quotes U Offeror(s) shall submit a SEALED proposal package consisting of: Q 0 m (a) One (1) signed original of Proposal o L (b) Two (2) copies of Proposal 0 r U (c) One (1) electronic copy 0 U 'a L The proposal package shall be addressed as shown above, bearing the Offeror(s) name and address and clearly marked on the outside of a the envelop as follows: M RFP F-15-04 M Comprehensive Development Code Update o LO 4. Acceptance of Quotes LL a. LL a. The City reserves the right to accept or reject any and all W Quotes, or any item or part thereof, or to waive any informalities or irregularities in Quotes. E b. The City reserves the right to withdraw this RFP at any time a without prior notice and the City makes no representations that any contract will be awarded to any Offeror(s) responding to this RFP. C. The City reserves the right to postpone proposal opening for its own convenience. d. Faxed or emailed Quotes will not be accepted. 6 Packet Pg. 102 i 5.G.d RFP F-15-04 Comprehensive Development Code Update F. Pre-Contractual Expenses Pre-contractual expenses are defined as expenses incurred by the Offeror(s) in: 1. preparing its proposal in response to this RFP; 2. submitting that proposal to City; d w 3. negotiating with City any matter related to this proposal; or a 4. any other expenses incurred by the Offeror(s) prior to date of award, if c any, of the Agreement. w d The City shall not, in any event, be liable for any pre-contractual expenses a incurred by Offeror(s) in the preparation of its proposal. Offeror(s) shall not —° d include any such expenses as part of its proposal. o L G. Contract Award L Issuance of this RFP and receipt of Quotes does not commit the City to err•° award a Purchase Order. The City reserves the right to postpone proposal L) opening for its own convenience, to accept or reject any or all Quotes received in response to this RFP, and to negotiate with other than the a selected Offeror(s) should negotiations with the selected Offeror(s) be terminated. The City also reserves the right to apportion the award LO among two or more OFFEROR(S). 0 A signed Vendor (Contractor) / Consultant Service Agreement (VSA/CSA), Ln along with a pre-performance meeting, outlining additional terms and U. conditions relating to performance, warranty, materials, goods, services, or U_ other items as deemed necessary by the City, may be required prior to the commencement of the job. H. Acceptance of Order w Q The successful Offeror(s) will be required to accept a Purchase Order in accordance with and including as a part thereof the published Request for Quotes, and the RFP documents including all requirements, conditions and specifications contained therein, with no exceptions other than those specifically listed in the written purchase order. Packet Pg. 103; 5.G.d RFP F-15-04 Comprehensive Development Code Update I. Business License The City's Business Ordinance requires that a Business doing business with the City, obtain and maintain a valid City Business Registration Certificate during the terms of the Agreement. Bidder agrees to obtain such Certificate prior to undertaking any work under this Agreement. J. Local Vendor Preference The City of San Bernardino gives any formal or informal bid submitted by a a local bidder a one percent (1%) credit for goods and materials, where labor a and/or installation is incidental; and a five percent (5%) credit on Contractual services, for comparison purposes with other bidders, as authorized in the San c Bernardino Municipal Code Section 3.04.125, and Executive Order 2003-1, L) respectively. e. For the purposes of this section, "local bidders" shall be bidders for which the point of sale of the goods, materials, or services shall be within the City limits of o San Bernardino. c U 0 U -a cc 3 Q 0 M LO M IV 0 t1 Y r LL a tL w c aD E �a Q 8 Packet Pg. 104 i 5.G.d RFP F-15-04 Comprehensive Development Code Update SECTION Ii. SCOPE OF WORK w a Q O U c O E O_ O a> O w r V R G O U 3 Q 0 co M O lr> r LL a u- c as E s R r a 9 Packet Pg. 105 i 5.G.d RFP F-15-04 Comprehensive Development Code Update INTRODUCTION AND BACKGROUND The City of San Bernardino is seeking proposals from experienced land use consulting firms that are interested in preparing a comprehensive update to the City's Development Code. This update will inrhirla all actnriaterl PnxArnnmantal rinriimantc inrltAinaa htit not limitarl to an Initial rtiwix/ an Environmental Impact Report (EIR), if necessary. The City has an estimated population of 212,721 as of January 1, 2014. The City was founded in 1810 and incorporated in 1854. The City and its Sphere of Influence (S01) encompass an area of approximately 71 square miles, with an incorporated area of 60 square miles. m PURPOSE AND OBJECTIVES The objective is an extremely streamlined code that is able to respond to evolving land uses and o market conditions. We also expect a document that is user-friendly with a judicious use of graphics. c) The goal is a code of not more than 100—150 pages. E The City is also interested in consolidating zoning categories to reflect geographic areas of the City. o a� 1. There are currently eleven (11)commercial zones located in the City. Possible newly o consolidated commercial zones are: `0 • Freeway Commercial -Areas along the 10, 210, and 215 freeways. • Downtown Commercial- Parts of the City located near City Hall. • Corridor Commercial - Major streets in the city like Waterman, Highland, and v Baseline. �CU 2. There are currently there are nine (9) residential zones. Possible newly consolidated zones Q include: c M • Foothill Residential Communities- Housing located up against the foothills. • Downtown Residential Communities- Housing located near City Hall.There may �r 0 also be a single "Downtown" Zone. LO • Urban/Metropolitan/City/Housing- Homes located outside the downtown IL CL area. L- • University Housing- Homes located near Cal State San Bernardino. 4I 3. The City has four industrial zones,the objective is to consolidate these onto two new E E industrial zones: U • Airport Industrial - Industrial businesses located near the airport. Q • Industrial - Industrial business located in the City outside of the airport borders. 4. The City also has a mix of public/quasi-public, open space and overlay districts that can be consolidated. Keeping with the objective to streamline and simplify the permitting process the development code update will also include: • New updated definitions • Broader categories of uses • A clear process for director interpretations • Parks designations that also allow for commercial use to monetize parkland ]0 Packet Pg. 106 S.G.d RFP F-15-04 Comprehensive Development Code Update STATUS OF THE CITY'S DEVELOPMENT CODE AND GENERAL PLAN The last comprehensive update to the Citv's Development Code (Title 19 of the Municipal Code) was in May 1991. Since that time there have been a series of focused amendments the most recent being adopted in December 2013. The City's General Plan was last updated in November 2005. San Bernardino's Housing Element (2013 — 2021) was certified by State Department of Housing and Community Development in March 2014. Overall, the General Plan continues to serve the City's - long-term planning and community development needs and there is no update contemplated. However, amendments to the Land Use and Open Space Element and Municipal Code will likely be necessary as a result of the comprehensive update to the Development Code. a D m SCOPE OF WORK r The City is requesting that the consulting team prepare an update to the San Bernardino Q. Development Code. d m The following describes specific components that should be included in the scope of work. However, the City is open to suggestions other than those listed here, which would be of value to w producing a General Plan that reflects San Bernardino's unique nature. A. 1. Prepare a detailed work program for the Development Code update, including detailed U schedules of dates and activities. It is imperative that the project be completed by January 2016. Q 0 M LO 2. Develop a community participation program that includes public workshops and meetings v with the business community. ° LO LL a LL 3. Prepare a comprehensive update of the Development Code and the required environmental review under the California Environmental Quality Act(CEQA). d ;_ t 4. Participate in public hearings before the Planning Commission and City Council. Q 5. Consultation with interested Native American tribes as part of the General Plan Update process as required by S8 18. 6. All maps may be required to be prepared utilizing the Arc GIS system. 7. Provide electronic copies of all work generated as it becomes available. p g 11 Packet Pg. 107 i 5.G.d RFP F-15-04 Comprehensive Development Code Update 8. Provide a Development Code administrative proof document to be used for reproduction and tracking updates. 9. Provide an electronic copy Development Code (including maps). 10. Identify inconsistencies between the proposed Development Code update, the 2005 General Plan and the existing Municipal Code. a� v CL 11. Draft the appropriate General Plan and Municipal Code amendments necessary to a� implement the Development Code. o U c CURRENT & RECENTLY COMPLETED PLANNING INITIATIVES 0. 0 0 Economic Development Initiatives: o L • SBx (bus rapid transit line) ° r U fC • Transit Center c 0 • Re-Use of the vacant hotel adjacent to City Hall U L City Planning Projects: 3 4 • Expansion of the California State University San Bernardino campus M • Hospitality Lane Business Park threats from Citrus Plaza expansion LO TASKS AND DELIVERABLES o LO T Listed below is a list of expected tasks to be completed by the chosen consulting team along with 'l a the meetings and deliverables expected for each task. All deliverables shall also include an editable, U_ digital copy. c a� E Task 1.0—Project Coordination a Meetings: 1. Kickoff meeting with Staff 2. Monthly coordination meetings with Staff 3. Two (2) community-wide workshops 4. Two (2) meetings with the Business Roundtable 5. One (1) study session with the Parks and Recreation Commission 12 Packet Pg. 108 I 5.G.d RFP F-15-04 Comprehensive Development Code Update 6. Two (2) study sessions with the Planning Commission 7. Two (2) study sessions with the Mayor and Common Council 8. One (1) Planning Commission public hearing 9. One (1) City Council public hearing Task 2.0—Preparation of the Draft Development Code The City is interested in preparing a unique and user-friendly Development Code. Clarity and brevity a� will be important features of the new Code. CL Deliverables: d 1. Three (3) copies of Administrative Draft Development Code(2 Rounds of review) o U 2. Twenty (20) copies of Draft Development Code for Planning Commission and City y Council hearings o m (D Task 4.0—Preparation of Environmental Documentation 0 Meetings: P IV 1. Kickoff Meeting for CEQA document o U 2. Scoping Meeting c� 3 Q Deliverables: M 1. Three (3) copies of the Initial Study M �r 2. Three (3) copies of Administrative Draft Mitigated Negative Declaration (2 Rounds of ° LO Review) U_ a 3. Distribution List for Initial Study and MND c 4. Preparation of responses to MND E U 5. Twenty(20) copies of Draft MND for Public Hearings w Q Task 5.0—Preparation of Final Development Code Deliverables: 1. Twenty(20) copies final Code 13 Packet Pg. 109 i 5.G.d RFP F-15-04 Comprehensive Development Code Update PROPOSAL SUBMITTAL REQUIREMENTS Proposals must be received by the City of San Bernardino by the following due date (Postmarks not accepted): September 18, 2014,3:00pm Submit your proposal by delivering 3 copies and 1 electronic file in pdf format to: a� c� Vanessa Sanchez CL Purchasing Department m City of San Bernardino 0 300 North "D" Street c San Bernardino, CA 92418 E CL It is anticipated that firms may prefer to team with others in order to meet all of the qualifications —a°, necessary to carry out the project. Forjoint ventures,there should be a lead or prime consultant. o 0 Proposals shall include the following information: 1. Cover Letter = 0 U E c� 2. Table of Contents Q 3. Brief Synopsis. The proposal should include a brief synopsis of the consultant's co understanding of the City's needs and how the consultant plans to meet these needs. This section should provide a broad understanding of the consultant's entire proposal. o LO 4. Scope of Work. The Consultant shall include in its proposal a detailed scope of work and a U. understanding of the process to undertake such projects and complete it in compliance with all applicable rules, regulations, standards and requirements. E a. A detailed schedule showing tasks, milestones, and anticipated public meetings should also be included showing a clear time line, critical path that leads to a final a approved project. b. The scope of work shall indicate the tasks/actions the consultant expects City to perform/take; and the schedule shall show critical path items that are dependent of City's actions. c. The anticipated schedule for completion of the Development Code and MND in January 2016. 14 Packet Pg. 110 i S.G.d RFP F-15-04 Comprehensive Development Code Update 5. Project Staff Qualifications. Provide an organization chart showing the names and responsibilities of key personnel. Provide resumes of proposed staff. 6. Statement of Experience. Provide a summary of your firm's general qualifications, inAirlina- a. Business name, address, and phone/fax numbers of the prospective consultant and legal entity such as corporation, partnership, etc. b. Number of years the prospective consultant has been in business under the present w business name, as well as related prior business names. CL c. A statement that the prospective consultant has a demonstrated capacity to perform o the required services. U c m d. A statement that the consultant has an organization that is adequately staffed and a trained to perform the required services or demonstrate the capability for recruiting such staff. (' 0 L O e. Experience related to general plan updates and environmental impact reports, of L) principal individuals in the perspective consultant's present organization who will be responsible for performing the required services. Detail current positions, years of �o service experience, including capacity, magnitude and type of work performed by each of the principals. 3 a f. If a consultant intends to subcontract any portion of the service delivery described in M this RFP, consultant must identify the subcontractor and the tasks the subcontractor is proposed to perform. o LO 7. References. Provide 5 public agency references for past similar projects completed by LL a U. consultant and, if applicable, consultant's subcontractors. :a c 8. Contracts Completed During the Last Three Years. Provide a list of previous completed ;_ contracts,which involves general plan updates and similar types of projects. 2 Q 9. Proposed Fee: Each respondent shall submit a single copy of a fee proposal in a separately marked, sealed envelope. The fee proposal shall indicate the expected total fee for the work described in the consultant services proposal. The total fee shall be itemized by task, including consultant staff time and hourly rates, and other direct costs such as printing and travel. The fee proposal shall be signed by an individual authorized to bind the consultant firm. The City has currently allocated a $160,000 budget for the Development Code. This project is funded using Community Development Block Grant funds so proper bidding and documentation is critical. 15 Packet Pg. 111 RFP F-15-04 Comprehensive Development Code Update MINIMUM CONSULTANT REQUIREMENTS All consultants must: I Have riG record of iinSatis actory perforiiiaiice. Consultants who are or have been seriously deficient in current or recent contract performance, in the absence of circumstances properly beyond the reasonable control of the Consultant, shall be presumed to be unable to meet this requirement. m 2. Have the ability to maintain adequate files and records and meet statistical reporting a CL requirements. a� 0 3. Have the administrative and fiscal capability to provide and manage the proposed services v w and to ensure an adequate audit trail for CDBG funding purposes. E 0. 4. Meet all presentation and participation requirements necessary for the project. —Q0, CD O L 0 W CONSULTANT SELECTION PROCEDURE L As previously stated, the city is looking for a forward thinking consulting team that can produce v clear, concise, and easy to read documents. The City will evaluate the proposals submitted, and invite the most qualified consultants to an interview for the project. Proposals will be evaluated 3 based upon several factors including: a 0 M • Completeness of the proposal and compliance with the required format. M IT 0 LO • Project understanding, scope and approach to develop the project efficiently. LL a LL W • Experience in similar projects. as c E U • Experience and qualifications of the firm and the project team members. 2 Q • References and performance records on similar assignments. The City will negotiate final scope and fee with the most qualified consultant. 16 Packet Pg. 112 5.G.d RFP F-15-04 Comprehensive Development Code Update PROJECT SCHEDULE The following is a general overview of the project schedule: 1. Issue RFP August 19, 2014 2. Non-mandatory proposal meeting 1:00pm on September 2, 2014 Meeting to be held in the San Bernardino City Council Chambers 3. Proposals Due 3:00pm on September 18, 2014 CL a 4. Consultant Interviews October 1, 2014 5. Award of contract by City Council October 20, 2014 0 6. Start of Work November 3, 2014 v r 7.Adoption of new Development Code January 2016 E 0- 0 m GENERAL CONDITIONS o L 0 1. The City of San Bernardino shall not be liable for any pre-contractual expenses incurred by P any proposing firm (proponent) in response to this RFP, nor shall any proponent include such expenses as part of the proposed cost. Pre-contractual expenses include any expense 0 U incurred in preparing a proposal and negotiating any terms with the City. c� 3 a 2. The City reserves the right to withdraw this RFP at any time without prior notice and to reject any and all proposals submitted without indicating any reasons. Any award of contract for services will be made to the proponent that is best qualified and responsive in c the opinion of the City. "' T U_ a- 3. Proposals may, at the City's option, be rejected if they contain any alterations, additions, a_ W conditions or alternatives, are incomplete, or contain erasures or irregularities of any kind. c The City reserves the right to reject any and all proposals. The City expressly reserves the Q E right to postpone the opening of submittals for its own convenience and to reject any and all submittals responding to this Request for Proposals. a 4. Consultant must agree to indemnify, hold harmless and defend the City, its officers, agents and assigns from any and all liability or loss resulting from any suits, claims or actions brought against the City which result directly or indirectly from the wrongful or negligent actions of the Consultant in the performance of the contract. 5. Consultant will be required to comply with all existing state and federal labor laws including those applicable to equal opportunity employment provisions. 17 Packet Pg. 113 5.G.d RFP F-15-04 Comprehensive Development Code Update 6. Consultant is required to have in full force and affect all licenses and permits required by all applicable laws. Consultant shall obtain a San Bernardino Business License during the term of the contract. 7. Consultant. its agents. and employees shall comply with all laws, ordinances, rules and regulations of the federal and state governments, the County of San Bernardino, the City of San Bernardino and all governing bodies having jurisdiction applying to work done under the agreement. 8. The City reserves the right to negotiate special requirements and proposed service levels a; using the selected proposal as a basis. Compensation for services will be negotiated with the 0 CL Consultant. m 0 9. Consultant shall not sublet any portion of the agreement with the City without express U w written permission of the City Manager or his or designated representative. CL 0 10. No discrimination shall be made in the employment of persons because of the race, color, or religion of such persons and every proposer in violation of this section is subject to all o penalties imposed for a violation of Chapter 1 of Part VII, Division 2 of the Labor Code, in o accordance with the provisions of Section 1753 thereof. r 11. The City reserves the right to review and approve the qualifications of subcontracting firms L) or persons. Substitutions that are not approved are considered sufficient grounds for E termination of contract. a 0 12. The City, or any of its duly authorized representatives, shall have access to and the right to LO M examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, time and work records, employment records or other records relating to personnel employed by the LO Consultant. Such material, including all pertinent cost accounting, financial records and LL proprietary data, will be kept and maintained by the Consultant for a period of at least four a- years after completion of a Consultant's performance unless the City's written permission is given to dispose of same prior to that time. E t 13. All responses to this RFP shall become the property of the City of San Bernardino and will be Ca w retained or disposed of accordingly. a 14. No amendments, additions, or alternates shall be accepted after the submission deadline. 15. All documents, records, designs, and specifications developed by the Consultant in the course of providing services to the City of San Bernardino shall be the property of the City. Anything considered to be proprietary should be so designated by the Consultant. 16. Acceptance by the City of any qualification submitted pursuant to this RFP shall not constitute any implied intent to enter into a contract for services. 18 Packet Pg. 114 5.G.d RFP F-15-04 Comprehensive Development Code Update 17. The City reserves the right to issue written notice to all interested parties of any change in the qualification submission schedule should the City determine, in its sole discretion, that such changes are necessary. 18. Bids shall be firm offers, subject to acceptance or rejection within 120 days of the opening thereof. 19. No member, officer, or employee of the City or of any agency of the City during his tenure or for one year thereafter shall have any interest, direct or indirect in this contract or the a; proceeds thereof. Furthermore, the parties hereto covenant and agree that to their a knowledge no board member, officer or employee of the City has any interest, whether m contractual, non-contractual, financial or otherwise, in this transaction, or in the business of 0 the contracting party other than the City, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information E will be made in writing to the other party or parties, even if such interest would not be o considered a conflict of interest under Article 4(commencing with Section 1090) or Article >CD 4.6 (commencing with Section 1120) of Division 4 of Title I of the Government Code of the o L State of California. •0 r L 0 20. Contractor shall indemnify, defend and hold City, its officers, employees and agents 0 U harmless from any claim, demand, liability, suit, judgment or expense (including, without '0 c� limitation, reasonable costs of defense) arising out of or related to Contractor's Q performance of this agreement, except that such duty to indemnify, defend and hold 0 harmless shall not apply where injury to person or property is caused by City's willful ,Mr, M misconduct or sole negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered 9 as "attorney's fees" for the purposes of this paragraph. r a LL W 21. While not restricting or limiting the foregoing, during the term of this Agreement, Contractor shall maintain in effect policies of comprehensive public, general, and E automobile liability insurance, in the amount of $1,000,000 combined single limit, and U statutory worker's compensation coverage, and shall file copies of said policies with the Q City's Risk Manager prior to undertaking any work under this Agreement. The policies shall name the City as an additional insured and shall provide for ten (10) day notification to the City if said policies are terminated or materially altered. 22. Written contract documents, duly authorized and signed by the appropriate authority, constitute the complete and entire agreement(s)that may result from the RFP. 19 Packet Pg. 115 5.G.d REP F-15-04 Comprehensive Development Code Update 23. By submitting a bid, bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFP are currently held by bidder, and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in bidder's response. Bids lacking copies and/or proof of said licenses andjor certifications may he doemaA nnn_ responsive and may be rejected. 24. Once the award has been made and prior to the commencement of the job, the City's Municipal Code (M.C. 5.04.005) requires that a Business doing business with the City, obtain and maintain a valid City Business Registration Certificate during the term of the CL Agreement. CD 0 U 25. Vendor (Contractor)/ Consultant services agreement(s) (VSA/CSA). A signed c d vendor/Consultant service agreement may be required between both parties prior to E a commencement of the job. CD W 0 L 0 V 0 L 0 0 U L c� 3 Q 0 M M O LO LL a- U- Y E U f4 Q 20 Packet Pg. 116 S.G.d RFP F-15-04 Comprehensive Development Code Update SECTION III. d BID CONTENT AND FORMS CL d 0 U Y d E Q. O d L O r V R L O U a L to a 0 M Ln M O LO T LL a U. c E t u c� a Q 21 Packet Pg. 117 5� RFP F-15-04 Comprehensive Development Code Update ANNUAL PURCHASE ORDER Effective on or about November 1, 2014 through June 30, 2015, plus three (3), single-year renewal options, at the City's discretion for City requirements. Option Year One, if exercised, shall be effective July 1, 2015 through June 30, 2016. Option Year Two, if exercised, shall be effective July 1, 2016 through June 30, 2017. Option Year Three, if exercised, shall be effective July 1, 2017 through June 30, 2018. d Actual option year pricing shall be negotiated with the successful proposer(s) prior to Q exercising any given option year. Option years shall become effective only upon M issuance by the City of a duly authorized Purchase Order. o U i•+ Are there any other additional or incidental costs that will be required by your firm in order to meet the requirements of the Proposal Specifications? Yes / No a (circle one). If you answered "Yes," please provide detail of said additional costs: CD 0 0 L O W Please indicate any elements of the Proposal Specifications that cannot be met by your firm. _ o U L M Q Have you included in your proposal all informational items and forms as requested? 0 Yes / No (circle one). If you answered "No," please explain: LO M le O LO r. This offer shall remain firm for 120 days from RFP close date. L IL U. Terms and conditions as set forth in this RFP apply to this proposal. d Cash discount allowable % days; unless otherwise stated, payment terms are: Net thirty (30) days. a In signing this proposal, proposer(s) warrants that all certifications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFP. Below, please indicate all Addenda to this RFP received by your firm, and the date said Addenda was/were received. 22 Packet Pg. 118 RFP F-15-04 Comprehensive Development Code Update Verification of Addenda Received Addenda No: Received on: Addenda No: Received on: Addenda No: Received on: FIRM NAME: ADDRESS: a� w a Phone: a� 0 Email: Fax: 0. 0 a� Authorized Signature: o L Print Name: ° V L Title: 0 L M 3 IF SUBMITTING A "NO PROPOSAL," PLEASE STATE REASON (S) BELOW: a 0 M t!y M O LO LL d. LL C d !_ L V IC Q 23 Packet Pg. 119 RFP F-15-04 Comprehensive Development Code Update SUBCONTRACTOR'S LIST As required by California State Law, the General Contractor bidding will hereinafter state the subcontractor who will be the subcontractor on the job for each particular trade or subdivision of the work in an amount in excess of one-half of one percent of the General Contractor's total bid and will state the firm name and principal location of the mill, shop, or office of each. If a General Contractor fails to specify a subcontractor, or if he specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent, he agrees that he is fully qualified to perform that portion himself and that he shall w perform that portion himself. $ d 0 DIVISION OF NAME OF FIRM OR LOCATION WORK OR CONTRACTOR CITY d TRADE a 0 m d 0 L O W r.. V L .1/ _ O U R 3 a 0 M M d' Print Name Signature of Bidder LL a U. Company Name: Address: E w a REJECTION OF BIDS The undersigned agrees that the City of San Bernardino reserves the right to reject any or all bids, and reserves the right to waive informalities in a bid or bids not affected by law, if to do so seems to best serve the public interest. 24 Packet Pg. 120 5.G.d RFP F-15-04 Comprehensive Development Code Update C NON-COLLUSION AFFIDAVIT TO: MAYOR AND COMMON COUNCIL, CITY OF SAN BERNARDINO In accordance with Title 23, United States Code, Section 112, the undersigned hereby states, under penalty of perjury: d w That he/she has not, neither directly nor indirectly, entered into any agreement, Q participated in any collusion, or otherwise taken action in restraint of free competitive M proposal in connection with RFP F-15-04. o U c d E CL Business Name 2 a� W Business Address ° 0 w Signature of Contractor(s) 2 0 U ca Place of Residence 3 a 0 M LO Subscribed and sworn before me this day of 20_. 0 LO Notary Public in and for the County of State of California. My commission expires 20 U_ w E U Y Q IL 25 Packet Pg. 121 5.G.d RFP F-15-04 Comprehensive Development Code Update AF A d SECTION IV. CL GENERAL EVALUATION CRITERIA 0 0 U c m E 0. 0 d d D L .F+ V A 0 U E L R 3 0 Cl) LO M O W) T LL IL U. c d E M u ca w a ?6 Packet Pg. 122 5.G.d IV. GENERAL EVALUATION CRITERIA A. Evaluation Criteria 1. Capabilities of Firm to Effectively Complete the Protect Requirements - 35% Depth of proposer's understanding of, and ability to manage, City's requirements; ability to meet task deadlines; utility of suggested enhancements or technical innovations. 2. Qualifications of Firm/Related Experience -45% Experience in providing services similar to those requested herein; experience working with public agencies; strength and stability of the firm; strength, stability, experience and technical competence of a subcontractors; assessment by client references; qualifications of M project staff; key personnel's level of involvement in performing c related work; logic of project organization; adequacy of labor commitment. a� E a 3. Reasonableness of Cost and Price - 10% Reasonableness of the individual firm-fixed prices and a competitiveness of quoted prices with other proposals received; ° adequacy of the data in support of figures quoted; basis on which w prices are quoted. c 4. Completeness of Response - 5% Completeness of response in accordance with RFP instructions; exceptions to or deviations from the RFP requirements which the a proposer(s) cannot or will not accommodate; other relevant factors not considered elsewhere. M 5. Local Vendor Preference - 5% o Ln As approved in Executive Order 2003-01--proposer(s) which possess a fixed office or distribution point with at least one owner or L. employee located within the City of San Bernardino, and U. possessing all valid and current permits, and licenses required to transact such business, including, but not limited to a City Business d Registration Certificate shall receive a five percent (5%) preference. [Unless contrary to Federal, State or Local Law (such as contracts for the construction of public works projects), or unless contrary to a the requirements mandated by the funding source for such contractual services such as the Federal Government or other source which requires award to the lowest responsible proposer(s).] Packet Pg. 123 RFP F-15-04 Comprehensive Development Code Update B. Evaluation Procedure All proposals received as specified will be evaluated by City staff in accordance with the above criteria. Additional sub-criteria beyond those listed may be considered by the evaluators in applying the major criteria to the proposals. During the evaluation period, the City may require an on-site visit and/or tour of the proposer(s)'s place of business. Proposer(s) should be aware, however, that award may be made without vendor visits, interviews, or further discussions. C. Award Depending on the dollar amounts of the offers received, City staff will either select the vendor best meeting the above-specified criteria or a submit to City Council, for consideration and selection, the offer(s) judged by staff to be the most competitive. c U The City reserves the right to withdraw this RFP at any time without d prior notice and, furthermore, makes no representations that any a contract(s) will be awarded to any proposer(s) responding to this RFP. The City expressly reserves the right to postpone proposal opening for c its own convenience, to waive any informality or irregularity in the `o proposals received, and to reject any and all proposals responding to r this RFP without indicating any reasons for such rejection. c The City also reserves the right to award its total requirement among two or more proposers as City staff may deem to be in its best Interests. In addition, negotiations may or may not be conducted with a proposer(s); therefore, the proposal submitted should contain the proposer's most favorable terms and conditions, since the selection LO and award may be made without discussion with any proposer(s). 0 LO D. Tie Proposals If the final evaluation scores (after applying the local preference LL allowance) result in a tie score, the recommendation for award will be U. given to the local vendor. c E. Notification Of Award s Proposer(s) who submit a proposal in response to this RFP shall be w notified regarding the firm(s) who was awarded the contract. Such a notification shall be made within a reasonable time after the date the contract is awarded. i 28 Packet Pg. 124 RFP F-15-04 Comprehensive Development Code Update SECTION V. d GENERAL SPECIFICATIONS a a� 0 U c m E 0. 0 m CD O 0 w- v cv c 0 U E tv 3 Q 0 M M O LO LL a u- c m E c� a 29 Packet Pg. 125 5 G" RFP F-15-04 Comprehensive Development Code Update IV. GENERAL SPECIFICATIONS 1. Each bid shall be in accordance with Request for Proposal (RFP) Number F-15-04. All specifications are minimum. Bidders are expected to meet or exceed these specifications as written. Bidder shall attach to their bid a complete detailed itemization and explanation for each and every deviation or variation from the RFP specifications and requirements. Conditional bids, or those that take exception to the RFP specifications and requirements, may be considered non-responsive and may be rejected. 2. The City reserves the right to accept or reject any and all bids and to award a contract to the bidder whom best meets the City's requirements. This may include waiver of minor irregularities or discrepancies, or nonconformity to specifications in appropriate _ circumstances. Purchase shall be on a best buy basis after due consideration of all relevant factors, including but not limited to, workmanship, accessibility of parts and service, known a evidence of manufacturer's responsibility and record, durability and known operational record of product and suitability as well as conformity to City needs and requirements. In all cases W the best interest of the City shall prevail in all contract awards. o 3. The City of San Bernardino reserves the right to purchase more or less than the quantities v specified at unit prices bid. m 4. Bids shall be firm offers, subject to acceptance or rejection within 120 days of the opening E CL thereof. o 5. Regular dealer. No bidder shall be acceptable who is not a reputable manufacturer or dealer of such items as submitted for bid consideration. d 0 6. All materials, workmanship and finish entering into the construction of the equipment must be o of the best of these respective kinds and must conform to the character of the equipment and r the service for which it is intended to be used and shall be produced by use of the current manufacturing processes. "Seconds", factory rejects, and substandard goods are not acceptable. v 7. Each bidder shall submit with their bid a copy of the proposed product specifications, a complete detailed drawings, and other descriptive matter in sufficient detail to clearly describe the equipment, materials and parts offered. 3 8. Manufacturer and/or Contractor shall defend any and all suits and assume all liability for any a and all claims made against the City of San Bernardino, or any of its officials or agents for the use of any patented process, device or article forming a part of equipment or any item chi furnished under the contract. 9. Each bidder must state in their bid the guaranteed delivery date of product and/or services in q LO number of calendar days from the date of contract execution by the City of San Bernardino, time is of the essence relative to this contract. Contractor shall prosecute the work LL continuously and diligently and shall deliver the items at the earliest possible date following LL the award of the contract. 10. Each bidder shall list in their bid all factory, manufacturer's and/or dealer's warranty and/or guarantee coverage and shall submit such written documents evidencing the same attached W to the bid. s 11. Successful bidder(s) (Contractor)shall furnish and deliver to the City complete equipment as bid and awarded, ready for installation and fully equipped as detailed in these specifications. Q 12. Price shall be quoted F.O.B. San Bernardino (all transportation charges shall be fully prepaid), and shall include all discounts. Bid shall include California sales tax, where applicable, (effective January 1, 2013) computed at the rate of 8.25%, (this will normally be shown as a separate line item on the price form). 13. City shall make payment within thirty(30)days after the complete delivery and acceptance of the specified items by the City of San Bernardino and receipt of the Contractor's priced invoice. 14. All "standard equipment" is included in any bid. Bidders furnishing bids under these specifications shall supply all items advertised as "standard" equipment even if such items are not stipulated in the specifications, unless otherwise clearly accepted in the bid. 30 Packet Pg. 126 5.G.d RFP F-15-04 Comprehensive Development Code Update 15. The items which the bidder proposes to furnish the City must comply in all respects with the appropriate safety regulations of all regulatory commissions of the Federal Government and the State of California, whether such safety features and/or items have been specifically outlined in these specifications or not. 16. Contractor delivering equipment pursuant to these RFP specifications shall guarantee that equipment meets specifications as set forth herein. If it is found that equipment delivered does not meet requirements of these specifications the Contractor shall be required to correct the same at their own expense. 17. By submitting a bid, each bidder agrees that in the event complete delivery is not made within the time or times set forth pursuant to this specification, damage will be sustained by the City, and that it is, and will be impractical and extremely difficult to, ascertain the actual damage which the City will sustain in the event of and by reason of such delay. 18. In case the delivery of the items under this contract is delayed due to strikes, injunctions, a? government controls, or by reason of any cause or circumstance beyond the control of the Contractor, the time for delivery may be extended (in the City's sole discretion) by a number of days to be determined in each instance by mutual written agreement between the c, Contractor and the Purchasing Manager of the City of San Bernardino. The City shall not o unreasonably refuse such extension. U Y 19. Contract. Each bid shall be submitted and received with the understanding that acceptance by the City of San Bernardino of bid in response to this solicitation shall constitute a contract E between the Contractor and the City. This shall bind the Contractor to furnish and deliver at o the price bid and in complete accordance with all provisions of RFP No. F-15-04. In most cases the basis of award will be the City's standard purchase order that may or may not W incorporate this solicitation by reference. 20. Prohibited interest. No member, officer, or employee of the City or of any agency of the City ° during his tenure or for one year thereafter shall have any interest, direct or indirect in this contract or the proceeds thereof. Furthermore, the parties hereto covenant and agree that to r their knowledge no board member, officer or employee of the City has any interest, whether o contractual, non-contractual, financial or otherwise, in this transaction, or in the business of U the contracting rt other than the City, and that if an such interest comes to the knowledge 9P Y Y Y � of either party at any time, a full and complete disclosure of all such information will be made a in writing to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4(commencing with Section 1090) or Article 4.6 (commencing with c M Section 1120)of Division 4 of Title I of the Government Code of the State of California. M 21. One Document. These specifications, the notice inviting bids, RFP F-15-04, the Contractor's bid, any written agreement executed by the parties, the purchase order and all documents o referred to in the complete specifications and purchase order, and all written modifications of 'n said documents shall be construed together as one document. Anything called for in any one ii of said documents shall be deemed to be required equally as if called for in all. Anything a- necessary to complete the work properly shall be performed by the contractor, whether specifically set out in the contract or not. All sections of the specifications shall be read as constituting a whole and not as an aggregation of individual parts, and whatever is specified E in one section shall be construed as applying to all sections. E 22. The City of San Bernardino reserves the right to accept or reject any and all bids. 23. Prompt payment. Each bidder may stipulate in their bid a percentage prompt payment Q discount to be taken by the City in the event the City makes payment to the Contractor within ten (10)working days of receipt of material and approval of invoice. For the purpose of this provision, payment is deemed to be made on the date of mailing of the City check. NOTE: prompt payment discounts will only be used during bid evaluation in the case of ties. 24. Inquiries. Direct all inquiries to Vanessa Sanchez at 909-384-5330. Technical questions may be sent via fax to 909-384-5043. The answers to material questions will be provided to all potential bidders. I 31 Packet Pg. 127 RFP F-15-04 Comprehensive Development Code Update 25. Bid/Price forms. No bid will be acceptable unless prices are submitted on the pricing forms furnished herein, and all required forms are completed and included with bid. Deliver all bids, SIGNED and SEALED, to the Purchasing Division, Finance Department at 300 North "D" Street, 4`h Floor, City Hall, San Bernardino, California 92418. CLEARLY MARK THE RFP SPECIFICATION TITLE: Comprehensive Development Code Update and Number F-15- 04 ON THE OUTSIDE OF THE ENVELOPE. 26. Time. All bids must be received in the Purchasing Division no later than 3:00 PM, PST, September 18, 2014, where at such time and said place bids will be publicly opened, examined and declared. Any bid may be withdrawn by bidder prior to the above scheduled time for the opening of bids. Any bid received after that time and date specified shall NOT be considered. 27. The City of San Bernardino reserves the right at its own discretion to award separate contracts for each category, or to award multiple contracts, or to award one contract for furnishing and delivering of all equipment and/or services in all categories. 28. Equipment. In the purchase of equipment, Contractor shall be required to furnish one (1) °- OPERATORS MANUAL and one(1) PARTS MANUAL for all equipment bid. d 29. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is o accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes v Y of action it may have under Section 4 of the Clayton Act(U.S.C. Sec 15)or under the = d Cartwright Act(Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the E Business and Professions Code), arising from purchases of goods, materials, or services by c the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the m bidder. 30. Contractor shall indemnify, defend and hold City, its officers, employees and agents harmless ° from any claim, demand, liability, suit,judgment or expense (including, without limitation, reasonable costs of defense) arising out of or related to Contractor's performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply o where injury to person or property is caused by City's willful misconduct or sole negligence. v The costs, salary and expenses of the City Attorney and members of his office in enforcing ca this Agreement on behalf of the City shall be considered as"attorney's fees"for the purposes Q of this paragraph. 31. While not restricting or limiting the foregoing, during the term of this Agreement, Contractor M shall maintain in effect policies of comprehensive public, general, and automobile liability M insurance, in the amount of$1,000,000 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the City's Risk Manager o prior to undertaking any work under this Agreement. The policies shall name the City as an additional insured and shall provide for ten (10) day notification to the City if said policies are u- terminated or materially altered. IL '321 FAITHCI II PERFORM A AIGC RON DIRID RON'rl The Cnntrentnr will be ren uirpd to f, rnich o tY GashieF'S GheGk, Gerlified GheGk or faithful perfermanGe bend i bid bend made payable tG the 0 0 GGntraGtGF'S faithful PeFfGFFnaRGe Gf this GA-.RtF;-RGt. 55-aid- surety shall be s6ibjeGt tG the appreval E V • t4 2400, and the GGFpeFatiOR *66YORg said IDGRd shall have a FatiRg OR BeSt'S M9st FeGeRt .+ ino ir-nr..� n 'de of"A" nr better. a 33. Written contract documents, duly authorized and signed by the appropriate authority, constitute the complete and entire agreement(s)that may result from the RFP. 34. City may, at its discretion, exercise option year renewals for up to three (3)years, in one- year increments. 35. By submitting a bid, bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFP are currently held by bidder, and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in bidder's response. Bids lacking copies and/or proof of said licenses and/or certifications may be deemed non- responsive and may be rejected. 32 Packet Pg. 128 5.G.d RFP F-15-04 Comprehensive Development Code Update 36. Once the award has been made and prior to the commencement of the job,the City's Municipal Code (M.C. 5.04.005) requires that a Business doing business with the City, obtain and maintain a valid City Business Registration Certificate during the term of the Agreement. 37. Vendor(Contractor)/Consultant services agreement(s) (VSA/CSA). A signed vendor/Consultant service agreement may be required between both parties prior to commencement of the job. m �a CL m v O U d E O. O Q d L O w r V lC L Y O U .a L ca 3 a 0 M M O 7 U- d LL a.i C d E t V R a.+ a 33 Packet Pg. 129 CL r 4 0 fi Xt..ti -: dp I _ I ...``````M'y���666G666 j� ❑ L O ! W V r _ O CD I U 'a cLC a i M LO d f�6 O U c ! Prepared for: E I °L 0 City of San Bernardino ; I, it EcoTierra c o n s u l t i n g Sepetember 18,2014 a� Vanessa Sanchez a City of San Bernardino C ` 300 North"D"Street a 0 rl San Bernardino,CA 92418 U RE: Proposal for the Comprehensive Development Code Update o a� Dear Ms.Sanchez, m 0 L 0 EcoTierra Consulting, Inc. (EcoTierra) is pleased to submit our proposal to provide consulting U services for the Comprehensive Development Code Update project. This proposal has been prepared in response to the RFP posted by the City of San Bernardino. o E The EcoTierra Team provides a unique set of qualifications to prepare the Development Code .� Update. Our team of professionals have prepared similar type projects for other municipalities a in the Southern California area. EcoTierra staff has earned a reputation for comprehensive, LO thorough, and conscientious work and are ready to prepare a comprehensive update to the City's Development Code and provide a modern, user friendly document in a timely and cost CZ efficient manner. The EcoTierra team provides the components critical to the success of the 0- D project, including hands-on recent experience in projects of this type and employment of 0 -a necessary resources. 0 U Y c We appreciate the opportunity to submit this proposal and look forward to working with you on a this assignment. Please feel free to contact Anne McIntosh at (626) 665-3683 if you require any 0 d additional information regarding this proposal, m o Sincerely, o CL O f EcoTierra Consulting, Inc. n- i A- X Anne Browning McIntosh Curtis Zacuto w Senior Project Manager Principal .r a .1 5776-D Lindero Canyon Road 4414,Westlake Village,CA 91362 818.356.9495 1 EcofierraConsulting.com Packet Pg. 131 5.G:e 1 TABLE OF CONTENTS I. BRIEF SYNOPSIS.........................................................................................................................................1-1 r co a II. SCOPE OF WORK AND DELIVERABLES................................... ........ II-1 III. PROJECT STAFF QUALIFICATION..........................................................................................I............... III-1 0 IV. STATEMENT OF EXPERIENCE.................................................................................................................IV-1 m E V. REFERENCES................................................................................................................ ..... V-1 a O m VI. CONTRACTS COMPLETED DURING THE LAST THREE YEARS.............................................................V-1 a>i 0 L j VII. PROPOSED FEE...................................................................................................UNDER SEPARATE COVER .° 1 L Y O U a ATTACHMENTS 3 a A. City Form—Firm Name,Address,Authorized Signature c M to B. City Form-Subcontractor's List d C. City Form-Non-Collusion Affidavit Q. D d a O U c O Q- O d d l0 O Q O L a r x w lr 7 d ---- --------- — - —---- E .. ca w a Comprehensive Development Code Update Proposal Table of Contents EcoTierra Consulting,Inc. Pagel Packet Pg. 132 I. BRIEF SYNOPSIS J BRIEF SYNOPSIS-PROJECT APPROACH The City of San Bernardino has been regularly updating its policy and code documents over the past decade. The General Plan was updated in 2005, with the required Housing Element update in March of Q. this year. Incremental updates have been made to the Development Code as well, but the last comprehensive update was over two decades ago in 1991. o U Over time, the Development Code has become increasingly complex to meet the very specialized and = diverse land uses in the City from residential to industrial. While this may have seemed like the best E CL way of regulating each project on a case-by-case basis, it is now cumbersome, inefficient, and o ineffective. A recent trend in local government has been to simplify the regulations — achieving more (>>i consistency and better results, but in a way that does not diminish project quality. o L 0 Based on the desired tasks outlined in the RFP, it is clear that the City of San Bernardino wants to U engage a small team of qualified planning professionals who will work closely with city staff and the development community to craft a modern Development Code that results in the realization of the o City's development goals. This should not be a "cookie cutter' or "generic" document, but rather a Development Code for San Bernardino's unique history and bright future. By reducing the number of zones and streamlining the City's regulations, more focus can be placed on performance standards that Q actually measure how the City's Land Use goals are being met with the approval of each new project. c LO M Specifically, the updated Development Code will include 1) updated regulatory language —fewer zone districts, flexible use classifications, modernized definitions, realistic development standards, and 2) �? streamlined processes--staff level review, Director authority,Commission and Council review. Q. D We believe in taking a "Goal Oriented" approach to the development code update. The City of San Bernardino has stated — "The objective is an extremely streamlined code that is able to respond to U evolving land uses and market conditions. We also expect a document that is user-friendly with a = judicious use of graphics. The goal is a code of not more than 100—150 pages." Q. The following principles will guide the code preparation and decision making process: ° m j • Streamlined o • Current f° N • Easy to use a • Concise c d As the project consultants, we feel it is our responsibility to remind staff, the community and decision w makers of the goals regularly throughout the process to keep the project on time and budget. :c COMMUNITY ENGAGEMENT w a: c A Development Code Update project is different than a General Plan or Specific Plan update. While we m -- - E - -- - -- -- will-do a f orough assessment of-the City's La rid-Use policies from long range planning documents,this U project will not result in the creation of new Planning and Land Use policies. Our informants will be Y those who use the Code to accomplish their work. It is important for our team to have a thorough Q understanding of the current development code - what works, and what does not work, and to engage local stakeholders in creative new methodologies and techniques that will result in better projects. i 1 Comprehensive Development Code Update Proposal I. Brief Synopsis IEcoTierra Consulting,Inc. P — J Packet Pg. 133 i S.G.e F Proposal to the City of San Bernardino September 18,2014 4� Community Team Community outreach will be focused on engaging the constituencies within the City of San Bernardino '] that are most affected by the Code — architects, contractors, builders, single-family homeowners who have taken out permits with the City, realtors, business owners, transportation agencies, City staff, City Commissioners, City Council members, and local associations representing community advocacy groups, a such as the Business Roundtable. CL Staff Team o U Planning, Building, Engineering, Public Safety, Code Compliance, City Attorney, City Prosecutor, c Economic Development, Housing and other key staff who utilize the development code in their work. E CL City Officials a� m Council, Planning Commission, Parks and Recreation commission. Might identify others L Informational Materials � We will prepare press releases,articles for the City's magazine and website, inserts to utility bills etc. 0 E o i M Ln M d t0 O. 11 3 J 0 M O U _ CD CL O m d N O Q O IL t x w a� E t w a Comprehensive Development Code Update Proposal I. Brief Synposis I EcoTierra Consulting,Inc. Packet Pg. 134' 5.G.e SCOPE OF WORK AND DELIVERABLES SCOPE OF WORK -a EcoTierra will serve as the prime consultant and project manager for the production of the Development a Code Update and associated environmental documentation. The Scope of Work that the consultant -0 team will undertake to prepare and complete the requested work is described below. c°) c (D We believe that our work is a "PARTNERSHIP" with City staff and stakeholders in the San Bernardino E CL community. Our approach includes regular dialog about progress and results and we will adjust the ° schedule and order of work as needed to improve results. However, we will also use the time o efficiently, so that if the schedule changes,the budget and completion date are still maintained. o 0 Y Staff involvement. The project will be managed by the Community Development Director or designee. r The Consultant and staff will conduct monthly progress meetings on a mutually agreeable date and = 0 time. An interdepartmental team that includes key city staff outside of the Community Development Department, including the City Manager's office, the Parks and Recreation Director, City Engineer, f° representatives of Code Enforcement, the Police Department, and others will be invited to these Q meetings on a periodic basis. M M Community involvement. The City will establish an ad-hoc Development Code Working Group, comprising key staff, representatives of the City's appointed/elected decision-making bodies, and a stakeholders in the community. The DC Working Group will convene a minimum of three times during a� the project to provide background information to the consultants and to review proposed amendments v prior to public hearings on the Draft Revised Development Code, The Community Development Director will chair these meetings, which will be facilitated by the Consultant. The DC Working Group will E a provide guidance and direction, and will not be required to make a recommendation. Therefore, ° a� meetings will not require a quorum and the City will have the discretion to include additional 'm participants as needed. N O ` Following is a suggested four-phase structure for the work. c L Q. Phase One Information Gathering and Assessment Stage(October 2014 to May 2015) r The theme of Phase One is "What Works, What Doesn't?" This helps to organize participants'thoughts -2 t about the code update. It reinforces that the starting point for this project is the existing code,and that x W the end result will be a streamlined, improved and modernized version of a document that is familiar. Categories for assessment will include: What is — too complex, too loose, too restrictive, obsolete, in E conflict with other code sections, typo/error, having unintended consequences or simply unworkable. Also, are there missing regulations, or a need for better procedures? During this Phase, the Consultant a will prepare an assessment of the current code and suggest draft amendments to the Zone Districts, use Comprehensive Development Code Update Scope of Work and Deliverables EcoTierra Consulting,Inc. p Packet Pg. 135 i Proposal to the City of San Bernardino October 2014 classifications, development standards, and procedures will be prepared for staff and working group feedback. The following are meetings that would occur during this phase: .. Meeting 1: Kick-off with Project Coordination Team(planning staff)—Week of!November 10, 2014 0 a CL Meeting 2: Staff meeting—Interdepartmental Development Team—Week of December 8, 2014 M CD Meeting 3: Planning Commission Study Session—January 2015 �j Meeting 4: DC Working Group meeting 1—January 2015 M Meeting 5: City Council informational meeting(Optional)—February 2015 0 m Meeting 6: Discussion with Parks and Recreation Commission—February 2015 p L 0 Meeting 7: DC Working Group meeting 2—April 2015 r c� The intent of these meetings will assist in EcoTierra staff in assessing the existing code. During this phase, EcoTierra staff will also conduct research on possible alternatives to consider. At the end of this ci phase, a draft project framework will be prepared and delivered to City staff for review and consideration. Q 0 Staff Meetings M Ln M During Phase 1, calls with the City's project planner will occur weekly, plus seven (7) additional monthly "working"meetings with staff will take place. c D Phase Two: Draft Revised Development Code/Environmental Review/Graphics(June to August 2015) -a 0 Staff Meetings m EcoTierra team members will participate in three(3) monthly meetings with the project team during this E CL phase. 0 m Draft Revised Development Code and Revisions o R After information gathering phase, EcoTierra will prepare a Draft Revised Development Code. e. 0 a` When the first draft of the Revised Development Code is complete, EcoTierra will distribute to City staff a preliminary Administrative (Screencheck) Draft Revised Development Code for review. This task assumes a maximum of two review cycles of the Screencheck Draft Development Code. s X Graphics W Visual aids and graphics illustrating the updated Development Code.will be prepared and incorporated E into the Draft Revised Development Code document. Exhibits will also be prepared to support the analysis provided in the Initial Study. Q Comprehensive Development Code Update Scope of Work EcoTierra Consulting, Inc. Packet Pg.136 , i 5.G.e Proposal to the City of San Bernardino October 2014 Screencheck Initial Study/(Mitigated) Negative Declaration (IS/iM)ND) Preparation The Initial Study will evaluate the potential environmental effects of the City of San Bernardino's proposed a comprehensive update to its current Development Code (also referenced as the "Project"), The proposed Revised Development Code is a project subject to the guidelines and regulations of the California Environmental Quality Act(CEQA). "a c. EcoTierra will prepare a Screencheck Initial Study/Mitigated Negative Declaration (IS/(M)ND), in o accordance with the requirements of CEQA and State CEQA Guidelines for review by the Lead Agency U (City of San Bernardino). Preparation of the Initial Study will rely upon the current General Plan and CD General Plan Program EiR.T he IS/(M)ND will contain all applicable environmental components required 0- 0 by CEQA, including Introduction, Background, Project Description/Characteristics, Setting, Impacts > CD (Project and Cumulative), Mitigation and Level of Significance After Mitigation; and mandatory CEQA L findings. 0 c� EcoTierra's IS will respond to all environmental issues listed in the State CEQA Guidelines IS Checklist. The proposed Revised Development Code implements the policies of the City's General Plan Land Use U Element by classifying and regulating the development and uses of land and structures within the City. L Analyses will be prepared based on the proposed Revised Development Code that implements the Land Q Use Element of the General Plan. The IS will address all environmental issue areas indicated on the IS o co Checklist. M Administrative Review of Screencheck Draft ISAM)ND m CD CL When the first draft of the Initial Study is complete,the relevant materials will be consolidated into the d preliminary Administrative (Screencheck) Draft IS/(M)ND. Copies of the Administrative Draft Initial 0 U Study will be submitted to the City for review. m 1= Typical City staff review involves a maximum of two drafts of the Screencheck Draft IS/(M)ND. The first o a) review would include the most edits, with the second draft requiring minor final corrections only. This > m second draft would be expected to be approved by the City as the Draft IS/(M)ND for public circulation. EcoTierra will assist the Lead Agency in distribution of the document to responsible agencies and other o a interested parties. The public comment period on the IS/(M)ND will be at least 30 days. 0- a Once the Draft IS/(M)ND is distributed, if necessary, EcoTierra will prepare a Mitigation Monitoring and Reporting Program (MMRP) pursuant to California Public Resources Code Section 21081.5. The MMRP is intended to ensure that required mitigation measures are implemented during project construction w and operation to reduce potentially significant environmental impacts. The MMRP will contain an c a� inventory-of-mitigation measures,timing for implementation (e.g., prior to issuance of grading permits), E the responsible staff or agency assigned to monitor the condition, and a compliance statement. The r MMRP will be provided to the Lead Agency for attachment to the agency's resolutions. Q Comprehensive Development Code Update Scope of Work EcoTierra Consulting,Inc. Packet Pg. 137 5.G.e Proposal to the City of San Bernardino October 2014 Phase Three: Release draft Code and MND and feedback(September 2015) The following are meetings that would occur during this phase: Meeting 8: DC Working Group meeting 3—Topic: Feedback on draft d wiccu�ig7. IIILGIUC'.1GIUIIGnLalucvciuNinciiL X0111 -a Q. M Meeting 10: Council/Commission study session m v 0 Release Draft Revised Development Code and Circulate IS/(M)ND v m EcoTierra will provide copies of the Draft Revised Development Code to be distributed to the Working a Group, Interdepartmental Development Team and for the City Council and Planning Commission study session for their respective reviews. Any suggested revisions will be made to the Draft Code accordingly. m 0 L EcoTierra will prepare the IS/(M)ND for public circulation for 30 days and will be responsible for sending 0 the document to the State Clearinghouse, responsible agencies, and any other interested parties. _ Final ISAM)ND Including Responses to Comments v v After the 30-day public review period, EcoTierra will prepare responses to comments received on the Q draft IS/MND. Following Lead Agency review of responses to comments, EcoTierra will prepare a 0 proposed Final IS/MND (Volume II), which will consist of comment letters and responses thereto with LO M supporting appendices material; and,modifications to the Draft IS/(M)ND document (to be accomplished ,%W through preparation of corrections and additions to the Draft IS/(M)ND document), if deemed necessary CL v by the Lead Agency. d a Phase Four: Public Hearings(October to December 2015) U w _ The following are meetings that would occur during this phase: °1 ;_ CL Meeting 11: Planning Commission hearing-October 0 m Meeting 12: City Council hearing and adoption (requires 2"d reading)-November o Code effective 30 days after second reading—January 2016 0 CL 0 Proiect Team Meetings a` T EcoTierra anticipates three (3) monthly meetings with project team during this phase. Hearings x w EcoTierra will provide copies of the Draft Revised Development Code and IS/(M)ND for Planning -Commission and City Council and will attend public hearings before both bodies. - — - — E c� r Q Comprehensive Development Code Update Scope of Work EcoTierra Consulting, Inc. Packet Pg. 138 5.G.e Proposal to the City of San Bernardino October 2014 Contingency If additional tasks are deemed necessary during the course of the project, a contingency fund has been included to cover these unforeseen costs. m Decision Package/Optional Add-ons-Graphics.Mapping,Web,User Guide R CL The City of San Bernardino may wish to consider some additional, optional tasks and products to d enhance the code update. The proposal includes an updated zoning map and refined illustrations in the 0 U body of the Code. However, the City may wish to request enhanced graphics, additional maps or c a� interactive maps, assistance with an internet interface, or a customer friendly "User Guide." These E CL products and services can be developed independently of the Code adoption schedule as uncodified ° a� enhancements to the project. Funds have been allocated for this purpose. o L Any use of funds for Contingency or Optional Add-ons are at the discretion of the Community ° r Development Director, a c 0 U L 3 Q Cl M d f�6 Q. D d O U .r d E Q O d d O t4 y O Q O L D. r s x w m E s U cD r.+ Q Comprehensive Development Code Update Scope of Work EcoTierra Consulting,Inc. Packet Pg. 139 iJ III. PROJECT STAFF QUALIFICATIONS EcoTierra has identified three key staff members to be assigned to this project. Anne Browning McIntosh will be the project leader, project manager for EcoTierra on the preparation of the Development Code Update. She will be the key liaison to the City staff on the project. Curtis Zacuto will be the key staff person to prepare the accompanying environmental documentation and will report to CL - both Anne and to City staff as needed. Finally, Scott Johnson is a graphic designer who will be D responsible for preparing all graphic/exhibit needs.The following are brief summaries of these key staff M 0 f� members assigned to this project with full resumes located at the end of this section. v c Anne Browning McIntosh,AICP m E CL Anne McIntosh will be the project leader and will coordinate the work of the environmental consultant d staff and the graphic designer. Ms. McIntosh is a 31-year veteran of the city planning profession, all in o local government in Southern California and at the executive level since 1994. She has written General �- Plans for the City's of West Hollywood, South Pasadena, Sierra Madre, and San Marino. McIntosh has been project manager on numerous residential, commercial and industrial projects, prepared Development Code updates,and facilitated community workshops. Her areas of expertise are land use, _ o historic preservation, housing, economic development, internal operations, and community outreach. v McIntosh has a Master of City Planning degree from UC Berkeley,obtained her professional certification 0 from the American Institute of Certified Planners in 1992, and also serves on the Planning Commission Q for the City of Monrovia. o M Curtis Zacuto "' M d Curtis Zacuto, Co-Founder and Principal of EcoTierra, has more than 26 years of experience in environmental planning and project management. Mr.Zacuto specializes in urban and rural projects and has managed large and complex and controversial projects in the Los Angeles area and throughout the -0 Southern California region. Mr. Zacuto's background in private and public sector planning has resulted 0 U in a comprehensive understanding of the complex relationships between land use regulations, it environmental impact, and project implementation. Mr. Zacuto has prepared programmatic d j E environmental documents for a number of general plan projects including the Cities of Duarte, °- 0 Maywood, Lancaster, Sierra Madre, South Pasadena and master plan projects for NBC Studios, Warner Bros. Studios, California Lutheran University, and Los Angeles County+ USC Medical Center. In addition, o Mr. Zacuto has been serving on the Planning Commission for the City of Agoura Hills for the past nine years. 0 0. l Scott Johnson 0 l a` Scott A.Johnson has more than 10 years of experience as a graphic designer working for a wide variety 1 of clients and industries. From logo design, environmental & planning documentation, to marketing 1 materials and product design, Scott A. Johnson has focused on making every graphic succeed in its w purpose. Using state of the art software and hardware, Scott A.Johnson has synthesized data from GIS, CAD, stake-holder discussions and public databases to provide intensive but easy-to-read visual aids and E t graphics that illustrate, inform, and clarify complex land use issues. Scott A. Johnson has produced imagery for use in environmental documentation, pre-visualization studies, constraints analysis, CEQA aesthetic analysis, and shade/shadow studies for a variety of private sector developers, legal teams, Q F architects,and public agencies of all sizes. it Comprehensive Development Code Update Proposal 111.Project Staff Qualifications 3 1 EcoTierra Consulting,Inc. p I Packet Pg. 140 7 5.G.e EcoTierra c o n s u l t i n g m a CL D a� ANNE MCINTOSH,AICP o U Experience Summary a� E Deputy City Manager/Director of Community Development,July 2009-Present. 0 m • Implement City Council policy directives 0 • Direct work of Planning,Building and Safety, Transportation/Mobility Divisions-34 FTE o • Liaison to local business organizations-Chamber of Commerce,Business improvement Districts • Negotiate deal points of development agreements and L • Serve as Nearing Officer for conditional use permits c o U Education Background and Professional Affiliations -a • Master of City Planning—University of California,Berkeley Q • Bachelor of Arts--Scripps College,Claremont o • American Planning Association (APA) LO M Project Experience Labor Relations/Personnel: Q- City of San Gabriel City Council,facilitate City Manager evaluation, 2005 and 2008 m 1 Rose Bowl Operating Company,Human Resources Consultant,2002-2006 0 1 Azusa Police Officers Association,Comparable Cities Study,2005 U w Interim Planning Director positions: • City of Beverly Hills,Rod Wood City Manager,May 2008 to June 2009 E • City of Sierra Madre,Blaine Aguilar City Manager,August 2007 to March 2008 0 • City of Sierra Madre,John Gillison City Manager,October 2005 to September 2006 Historic Preservation: a) • City of Redondo Beach, Historic Preservation Ordinance Update,2003 • City of Santa Clarita,Assessment for adoption of Historic Preservation Ordinance,2006-2008 0 • City of Monrovia,Historic Resources Survey review,2005-2006 0 Planning Prolects: a` • Hacienda Heights Community Plan Update/Puente Hills Landfill Tipping Fee Project,2005-2009 1- • Planning policy strategy development for City of Claremont General Plan Update,2005-2006 Private Development Work: • Truman and Elliott, LLC,Prepare draft General Plan/Zoning language,City of Lancaster,2008-2009 X W • Steven Lam,Architect, Permit expediter,residential project,City of El Monte,2001 Strategic Planning/Team Building CD • City of Rancho Cucamonga, Building Department and Planning Department,2007 and 2008 E • City of Lawndale,City Council/City Manager relations,2007 • City of San Gabriel,City Council/Community Leadership Workshop facilitation,2004 Q l • City of San Gabriel,Finance Initiatives staff committee facilitation,2004- 1 Packet Pg. 141 5.G.e EcoTierra c o n s u l t i n g CURTIS ZACUTO /PRINCIPAL a� Experience Summary a Mr.Curtis Zacuto,Co-Founder and Principal of EcoTterra Consulting,has more than 26 years of experience in y environmental planning and project management. Mr.Zacuto has served in a senior management position at previous -° 0 consulting firms and has worked for a public university as a principal campus environmental planner. Mr. Zacuto U specializes in urban and rural projects and has managed large and complex and controversial projects in the Los = Angeles area and throughout the Southern California region. Mr.Zacuto's background in private and public sector E planning has resulted in a comprehensive understanding of the complex relationships between land use regulations, Q environmental impact and project implementation. o d v _ 0 L 0 Education Background and Professional Affiliations ra ■M.U.R.P.in Planning—California State Polytechnic University,Pomona o 0 B.A. in Sociology-UCLA U ■American Planning Association(APA) l � J Q 0 Project Experience ■NBC Studios Master PIan EIR LO M EIRs ■Northwest Housing Infill Project(UCLA)EIR m ■Antelope Valley Enterprise Zone EIR ■Oxford Avenue Apartment Project EIR CL ■California Lutheran University Master Plan EIR ■Parker Ranch Residential Development EIR ■Calabasas Village EIR&Addendum ■Paseo Plaza Mixed Use Development EIR 0 ■City of Lancaster MEA/General Plan Update EIR ■Santa Monica Studios Master Plan EIR V ■City of Sierra Madre MEA/General Plan Update 0 UCLA Long Range Development Plan EIR 4) EIR ■Walmart EIR(Garden Grove) o ■City of South Pasadena General Plan Update EIR m ■Walmart EIR(Lancaster) > i ■Community Recycling&Resource EIR ■Walmart Technical Studies(Lompoc) 0 1{ ■Crescent Hts Condominium Project EIR 15 ■Walmart EIR(Ridgecrest) 0 ■Franklin Avenue Apartment Project EIR Q. N Walmart EIR(Tehachapi) 0 •Gower/Hollywood Condominium Project EIR ■Warner Bros Studios Master Plan EIR tL ■Intramural Field Parking Structure(UCLA)EIR ■Yucca Street Condominium Project EIR ■Keystone Subdivision Project EIR p ■LAC+USC Medical Center Master Plan EIR Initial Stzrdies/MNDs/BAs t j •Magnolia Avenue Condominium Project EIR ■Acosta Athletic Training Center(UCLA)IS/MND C ■Mountaingate Residential Project EIR ■UCLA Stunt Ranch IS/MND E I � ca Y l Q Statement of Qualifications Packet Pg. 142 S.G.e ' Profile & Skills SCOTT■ r r r I have more than 10 years of experience as a graphic designer working for a ■ � w w r ■ J V NN 5►V N wide variety of clients and industries. From logo design,environmental& $ planning documentation,to marketing materials and product design, I have focused on making every graphic succeed in its purpose. Using state of the o art software and hardware, I have synthesized data from GIS, CAD,stake- v holder discussions and public databases to provide intensive but easy-to- m address read visual aids and graphics that illustrate,inform, and clarify complex land Q. 863 Clover Dr. use issues. I have produced imagery for use in environmental Santa Rosa,CA 95401 documentation,pre-visualization studies, constraints analysis,CEQA cel (707)764.6260 aesthetic analysis,and shade/shadow studies for a variety of private sector o em scott@sCOttaJohnson.org developers, legal teams, architects,and public agencies of all sizes. Beyond creating graphics, I use new technology to reduce costs and production cvo L times,while increasing communication and effectiveness for a distributed c team. Experience working in many jurisdictions has trained me to learn new U regulatory environments quickly and competently. Comfortable in OS X, Microsoft Windows, Linux. a Specific Software:Solidworks,3D Studio Max, Sketchup Pro,Adobe Creative o Suite (particularly Photoshop& Illustrator), Microsoft Office, !Work,AutoCAD, M LO OmniPlan,and many others. Q Relevant Experience Principal,Scott A.Johnson Consulting,Santa Rosa, CA;2010-Current • Created informational graphics and visual simulations for a wide variety of private clients and public agencies. ° U • Managed teams of specialists and international sub-contractors to control = CD O costs while meeting aggressive deadlines. E E • Helped develop&test new tools for use in visualization and solar analysis. o • Provided technical consultation&briefing to legal counsel on visual analysis issues for controversial development projects. o Graphics Director,Chrlstopher A.Joseph &Associates, Petaluma, CA; o CL 2003-2010. o • Created and ran the Graphics Department 2004-2010, T • Hosted kick-off meetings to develop schedules and technical consultations for internal stakeholders and outside agencies and clients. X • Succeeded in working across departments to create streamlined work flow w and resource allocation systems that increased productivity and decreased _---- - ----.-- - frustration..and_confusion.__ _._.__ -. __-._.--. ------- .--- ..-. _ _ _ • Maintained dynamic control of schedules and resources as needs and y priorities changed. Q t J �� Packet Pg. 143 5.G.e IV. STATEMENT OF EXPERIENCE EcoTierra Consulting, Inc.(EcoTierra)will be the prime consultant for the environmental documentation of the proposed 8899 Beverly Boulevard Project: A� ���e McIntosh a 11 Curtis Zacuto CL EcoTierra Consulting,Inc. 5776-D Lindero Canyon Road#414 cj Westlake Village, CA 91362 c (626) 665-3683(Anne McIntosh) E (818) 356-9496(Curtis Zacuto) o d EcoTierra is a planning and environmental consulting firm founded in July 2010. EcoTierra is a small firm m that is dedicated to providing hands-on personalized service to our clients. We are staffed by 1 experienced professionals who are accessible and responsive to all of our client's needs. We consciously 0 1 limit our portfolio of active projects to ensure that we maintain the highest standards of responsiveness and accountability. We are focused on retaining the highest quality in clients and client relationships. c U EcoTierra professional staff brings a reliable combination of knowledge and experience to each client's � project. As a team of professionals who have collectively provided consulting services on hundreds of 3 projects, successfully and efficiently guiding them through the environmental clearance process, a EcoTierra staff has earned a reputation for comprehensive, thorough, and conscientious work and are M prepared to identify and address an extensive range of environmental issues. EcoTierra staff's diverse Ln M project experience includes large and complex and controversial projects throughout the Southern o California region. EcoTierra has adequate staff resources to prepare the Comprehensive Development M Code Update and environmental documentation. °. d EcoTierra staff has worked on a number of Development Code Updates including City of Sierra Madre, c City of West Hollywood, City of Redondo Beach and City of Bradbury. In addition, the staff has worked U r on several General Plan Update programs that are listed below. We believe EcoTierra has the key staff d 1 members (previously identified in Section III) to preform the required work program and has sufficient C 1 a supporting staff to meet the project needs. ° m The following are brief descriptions of related project experience: o Ta N Development Code ° Q. o Sierra Madre Development Code Clean-up Project. Anne McIntosh conducted a study of the Sierra a Madre Development Code to assess code sections that had become obsolete,outdated or in conflict with other city policies. This involved interviewing staff, commissioners and the development J community. A work plan for updating the code was developed and prioritized. Code amendments i= J were brought to the Planning Commission along with education sessions on how each w recommendation would positively affect the process and projects approved under the code. m City of West Hollywood — Development Code updates.-__-Anne-McIntosh-has-exten3ive-�pe�ience preparing ordinances and integrating the new policies into an existing zoning code document, ;3 including cross-reference and checking for duplication or internal conflicts. Among such policies a were Outdoor smoking ban, prohibition of financial uses in commercial entertainment districts, sign code amendments and others. { Comprehensive Development Code Update Proposal IV.Statement of Experience EcoTierra Consulting,Inc. Pa Packet Pg. 144 5Ge Proposal to the City of San Bernardino September 18 2014 City of Redondo Beach – Historic Preservation Ordinance Update. Anne McIntosh assessed the effectiveness of the original Redondo Beach preservation ordinance. Through interviews with staff and commissioners, preservation advocates and historic property owners, a series of amendments were brought forward and adopted. City of Bradbury– Development Code Updates. Anne McIntosh has prepared and processed several ordinances amending the development code for the City of Bradbury. These include an a ordinance requiring right-of-way improvements,a comprehensive amendment to the sign code, and d on-going amendments to the design guidelines for the City. 0 U General Plan Program and Program EIR Experience E City of Bradbury General Plan and }lousing Element Updates. Anne McIntosh worked on these a o documents as the Contract City Planner. m m City of South Pasadena Plan EIR. Curtis Zacuto was the project manager and key staff on the o preparation of the environmental analysis on the South Pasadena General Plan Update program. City of Sierra Madre General Plan EIR. Curtis Zacuto was the project manager and key staff on the � preparation of the environmental analysis on the Sierra Madre General Plan Update program. o U City of Lancaster Plan EIR. Curtis Zacuto was the project manager and key staff on the preparation 3 of the environmental analysis on the Lancaster General Plan Update program. Q 0 City of Duarte Plan EIR. Curtis Zacuto was the project manager and key staff on the preparation of Ln the environmental analysis on the South Pasadena General Plan Update program. d City of Maywood Plan EIR. Curtis Zacuto was the project manager and key staff on the preparation of the environmental analysis on the South Pasadena General Plan Update program. Q- m Additional Programmatic EIR Experience: 0 U NBC Studios Master Plan. Curtis Zacuto was the project manager and key staff on the preparation = _E of the environmental analysis on the master plan for the City of Burbank on the NBC Studios lot. c. 0 Warner Bros. Studios Master Plan. Curtis Zacuto was the project manager and key staff on the preparation of the environmental analysis on the master plan for the City of Burbank on the Warner o Bros. Main Lot and Back Lot studios. R N O 1 California Lutheran University Master Plan. Curtis Zacuto was the project manager and key staff on o the preparation of the environmental analysis on the master plan for the City of Thousand Oaks on a the California Lutheran University master plan. r w LAC+USC Medical Center. Curtis Zacuto was the project manager and key staff on the preparation –° of the environmental analysis on the master plan for the County of Los Angeles on the LAC+USC x w l Medical Center, Y 7 _ — 0 m —�ubconsultant�---- E _ As previously mentioned in Section III, Scott Johnson will join the EcoTierra team to provide graphic a ldesign and supporting exhibit preparation for both the Development Code and the accompanying environmental documentation. J J Comprehensive Development Code Update Proposal IV.Statement of Experience EcoTierra Consulting,Inc. Pa .Packet Pg. 145 5.G.e V. REFERENCES The following are public agency references: M 1 1. Michelle Keith CL 1 City Manager, City of Bradbury C, 600 Winston Avenue,91008 0 626-358-3218 c CD E a 2. William Meeker,(Former Planning Director Redondo Beach) City of Burlingame > 501 Primrose Road,Second Floor L Burlingame, CA 94010 0 650-558-7255 c� L c o 3. David James v Community Development Director, City of Tehachapi 3 115 South Robinson Street Q Tehachapi, CA 93561 c 661-822-2200 x119 M m w 4. Rachel Kwok Q Environmental Planner, City of Santa Monica 1685 Main Street o Santa Monica,CA 90401 v w 310-458-8341 E a 0 5. John Keho, Associate Director,City of West Hollywood o David DeGrazia, Planning Manager,City of West Hollywood 0 CL Emily Stadnicki o Senior Planner, City of West Hollywood o_ 8300 Santa Monica West Hollywood, CA 90069 n 323-848-6400 x w 6. Chris Williamson E t Principal Planner,City of Oxnard 0 214 South C Street Oxnard,CA 93030 Q t - 805-385-8156 ff i1 Comprehensive Development Code Update Proposal V.References EcoTierra Consulting,Inc. P �- i Packet Pg. 146 VI. CONTRACTS COMPLETED DURING LAST THREE YEARS The following includes projects completed during the last three years that involve general plan updates and similar projects. /111112 McIntosh preformed V1 med 1110 IUIIUWIIIg work as stall planner: .a Q City of Bradbury—General Plan Update, Housing Element Update m City of West Hollywood,General Plan Update v City of Bradbury — Development Code amendments in Design Guidelines, Historic Preservation m E Incentives and Mills Act a O City of West Hollywood — Zoning Code amendment prohibiting financial institutions in the o commercial/entertainment district, Zoning Code amendment prohibiting smoking in outdoor o common areas, � t R City of Monrovia—Review and adoption of Development Project Specific Plans r� 0 U i E. ca 3 M M d r 'O Q D T� y .a O ' U c °' Q a l M O Q d� 4. T 5 t, K ua d L V f0 1 Comprehensive Development Code Update Proposal VI.Contracts Completed During last Three Years EcoTierra Consulting,Inc. p i. Packet Pg. 147 5.G.e ATTACHMENTS A. City Form—Firm Name,Address,Authorized Signature ' l B. City Form—Subcontractor's List CL J (, C. City Form—Non-Collusion Affidavit -0 0 U d E O N O L V L .F� a� O U 3 o M W) CU M w CL D O O U w c r� d 0. O N O 0. L a T w K W i - V r w a � l Comprehensive Development Code Update Proposal Attachments EcoTierra Consulting,Inc. (� Packet Pg. 148 5.G.e it ATTACHMENT A f� d A. City Form—Firm Name,Address,Authorized Signature CL aD 0 E a O jl �. (D 0 L rl ,0 L .F+ r� U O 3 o M LC> M O r 'A � M O � U c E o. O d 1 > O !C N O 2 l w x W w l Q Comprehensive Development Code Update Proposal Attachment A EcoTlerra Consulting,Inc. Packet Pg. 149` S.G.e i i CRFP od 1;15 Comprehensive Development Code Update IVerification of Addenda Received Addenda No: Received on: I A uueiiva ivv: Received on: a Addenda No: Received on: D m �a O FIRM NAME: ^�Q rlQrtlL/� for-rS�`T�✓�l- � ADDRESS: S � Cv-i) L�Nr�rrco C yN, 2A��Ft� -'W 61 L i c.L &-e- e n, i��2 E CL I Phone: 3'S'(r�,~rI't —0 d Email: Cvr��S re[o�;�rlea� pv ]tinv,r c a� o 0 Fax: �t F- ���.Zt--�2�1• � Authorized Signature: o U Print Name: L rL tJ` 2-A-Cv V U -a CZ C� Rt r�G, PAL- U')3 Title: Q 0 M M_ IF SUBMITTING A"NO PROPOSAL,"PLEASE STATE REASON (S)BELOW: a` Y 1 Q d O U c m Q O I � CD N O 2 O T K W - 23 O t U fTf a 1 Packet Pg. 150 ATTACHMENT B B. City Form—Subcontractor's List a; L CL m "0 0 U m E Q. O d d O L V L C O U ca ., M LO M_ d Q D d O U r c m CL O d 1 0 U) O 0. la T X W V r 1 a Comprehensive Development Code Update Proposal Attachment B EcoTierra Consulting,Inc. Packet Pg. 151 5.G.e RFP N data Cod U Comprehensive Development Code Update rl SUBCONTRACTOR'S LIST As required by California State Law, the General Contractor bidding will hereinafter °�' .uw the $uuwiivacwi who Vvu1 UC IIiG sUUWflltd(.LUt Utl the job tot each particular -r3 trade or subdivision of the work in an amount in excess of one-half of one percent of C the General Contractor's total bid and will state the firm name and principal location of the mill, shop, or office of each. if a General Contractor fails to specify a o subcontractor, or if he specifies more than one subcontractor for the same portion of r work to be performed under the contract in excess of one-half of one percent, he = agrees that he is fully qualified to perform that portion himself and that he shall E perform that portion himself. 0 DIVISION OF NAME OF FIRM OR LOCATION WORK OR CONTRACTOR CITY ,0 TRADE CO �2q Plhc (J�Slaty S caKC O�}c lout A A _ O O 3 0 u� M LV Y Print Name Signature of Bidder CD L 0 0 U Company Name:_ E^c-N-t-�/uL,a- C�tis,, L�-r,Nc.f fin' c' Address: D t_�.� „ Ert � 0L,b - o CD lJ C4�t_ 0 t l t a.e _/Jr `i 3 c CD I� 0 DL o REJECTION OF BIDS a` r The undersigned agrees that the City of San Bernardino reserves the right to reject r any or all bids, and reserves the right to waive informalities in a bid or bids not affected by law, If to do so seems to best serve the public Interest. X t w ! 24 E U ttf r r � Q � l Packet Pg. 152 5.G.e ATTACH M ENT C Q C. City Form—Non-Collusion Affidavit a; L CL D a� O U c d E CL O W d L V R L O U M 3 o M Ln M d w R Q d ' O U +r 1 E O > 0 O M l ° a T K W .F+ E 1 a l Comprehensive Development Code Update Proposal Attachment C EcoTlerra Consulting,Inc. Packet Pg. 153 5.G.e I RFP F-1 Coro Code Development Code Updd ate to I NON-COLLUSION AFFIDAVIT a; I � TO: MAYOR AND COMMON COUNCIL, CITY OF SAN BERNARDINO m 0 ' In accordance with Title 23, United States Code, Section 112, the undersigned v hereby states, under penalty of perjury: E That he/she has not, neither directly nor indirectly, entered into any agreement, o participated In any collusion, or otherwise taken action in restraint of free competitive a� proposal In connection with RFP F-15.04. 0 0 I w Business Name fc,�, c Business Address S-4'3-6_fl L, .j g r�o C�,�• 2p, �,.� v Signature of Contractor(s) c - 3 a &aJ/ZJ?r kA- Place of Residence M m �a Subscribed and sworn before me this 17+x day oftl 2014. INotary Public in and for the County of LcAqitleS State of California. c My commission expires- S �,T� E� 120 t v c E R a MATTHEW T.80HNER o N(rf,AQ R COMM ,#t9&2866 R > Y P�4gL1 L U NOTARYPUBLIC—CALFORNN U d � - LO'uANt3ELES COUNrY 1 � 0 CL o d w X W r 25 L U fC .r 1 a l lPacket Pg. 154 San Bernardino Comprehensive Development Code Update BUDGET Scope of Work Staff Assigned Hours Hourly Rate Cost Working Meetings(Meetigns 1-10) Anne McIntosh 70 $150.00 $10,500.00 Monthly Staff Meetings Anne McIntosh 60 $150.00 $9,000.00 Meeting Preparation Anne McIntosh 54 $150.00 $8,100.00 Current Code Assessment and Drafting Revised Code Anne McIntosh 180 $150.00 $27,000.00 Screencheck Initial Study Preparation Curtis Zacuto 120 $150.00 $18,000.00 _ N Administrative Review Curtis Zacuto 32 $150.00 $4,800.00 Release Draft Code and Circulate IS/(M)ND Jennifer Johnson 10 $120.00 $1,200.00 Q Final IS/(M)ND Including Responses to Comments' Curtis Zacuto 16 $150.00 $2,400.00 tU Environmental Document Meetings Curtis Zacuto 16 $150.00 $2,400.00 O Hearings Anne McIntosh 16 $150.00 $2,400.00 U Curtis Zacuto 16 $150.00 $2,400.00 = tU Administrative staff 16 $85.00 $1,360.00 E Q Word Processing staff 40 $85.00 $3,400.00 O Z Graphic Design Scott Johson 150 $85.00 $12,750.00 GIS/Mapping staff 150 $85.00 $12,750.00 L Subtota O Other Expenses U t6 Direct Costs(Printing,repro,mail,mileage,etc.) $8,000.00 L Subtotd0,00 p U Contingency(approx.10%of Total) $12,000.00 V Subtotal $136,460.00 to Decision Package/Optional Add-Ons Graphics,Mapping,Web,User Guide $21,540.00 Q , K O M to This estimate for the FEIR is based upon a moderate number of comment letters and two(2)rounds of review with City. If an excessive number of comment letters is received or additional rounds of review are required,the City understands that the cost could exceed this estimate. 07 Q Y t�t W T U d O n. CV t X W :.7 C Q E t U t6 Y Q 1 Packet Pg. 155